Children in Tort Law, Part II: Children as Victims (Tort and by Miquel Martín-Casals

By Miquel Martín-Casals

This e-book information the issues regarding the placement of youngsters as sufferers. It analyses either the conventional recommendations present in a few criminal platforms and the more moderen strategies provided by way of others. insurance devotes particular recognition to break matters, apportionment of wear, and coverage difficulties while the sufferer is a baby.

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Extra info for Children in Tort Law, Part II: Children as Victims (Tort and Insurance Law) (Pt. 2)

Example text

E. 12 Although his behaviour is principally judged in abstracto, the judgement is rendered more concrete by the circumstances in which the damage was caused. The family tie may play a role on examining the existence of a fault by one or both parents on the basis of artt. 1382–1383 Civil Code. 13 2. g. g. by preventing parental abuse)? i) Civil liability14 11 There are no specific statutory rules governing the liability of schools or local authorities with a statutory supervisory task. The general rules of tort law of the Belgian Civil Code (artt.

1), 86, no. 17; C. De Roy, De Wet op de strafrechtelijke bescherming van minderjarigen: nieuwe strafbaarstellingen en grotere territoriale gelding in: Reeks Advocatenpraktijk (2002), 50; G. Vermeulen, Strenger en ook beter? Over de fragmentarische aanscherping van de strafrechtelijke berscherming van minderjarigen in de wet van 28 november 2000 in: Gandaius Actueel VII (2002), 1–27. See art. ) Artt. 423–424 Sw. Art. 372 subs. 2 Sw. 7 However, some authors argue that even a pedagogical slap is not admitted.

S=C>. 46 Jiří Hrádek II. Damage Caused by Parents and Other Specific Third Parties 2. In what circumstances may a parent be held liable for an injury sustained by his or her child? (a) In what circumstances may a parent be held liable for injury resulting from his or her intentional conduct? ) In particular, in what circumstances may the parent be held liable for injury resulting from his or her physical chastisement of the child? 4 A parent can be held liable for damage sustained by his or her child when the parent has breached the legal duty of parental care in such a way that the damage incurred is the direct or indirect result thereof.

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