Textes
Code
civil art. 230 et s.,246, 345 et s,390, 1109, 1146 et s., 1690, 1257, 1261,
1690, 1985 .
autorizzazione
/ assenso
consenso
dato da un terzo ad un accordo intervenuto fra due o più altre parti
(Dott
Coppola,Cons Min Lavoro e Previdenza Sociale,Roma)
EuroDicAutom
Consent:
Informed | aufgeklärte Einwilligung nach
Aufklärung | consentement éclairé | assenso informato:
Informed
consent is that consent obtained only after
full disclosure, i.e. after informing the defendant of the medical risks
and benefits and alternatives of a medical procedure proposed by a physician. It is a heightened form of
consent applied in the field of medical practice to protect lay persons. See,
e.g.
Tenuto
v. Lederle Laboratories,
1997
N.Y. LEXIS 3219, *; 90 N.Y.2d 606;
687
N.E.2d 1300; 665 N.Y.S.2d 17
Consequential
damages | Folgeschäden
Damages
which arise not immediately after the initial injury but thereafter yet as a
result of the tort. E.g. as a result of a libel the plaintiff cannot marry and
so will not be an heir of their spouses parents. The lost inheritance could be
seen as a consequential damage.
See:
Richmond Redevelopment and Housing Authority v. Richmond Redevelopment and
Housing Authority v. Laburnum Const. 195 Va. 827, 80 S.E.2d 574, 580.
Consortium,
Loss of | Verlust des Liebespartners | privation de compagnie conjugale:
The
loss of the ability to have normal sexual relations with one’s spouse, but also
the loss of their services and companionship. It is a damage with both
economic, though possibly unremunerated, and non-economic elements - and one more example of damage inflation in
the common law of torts.
See:
Deems v. Westem Maryland Ry. Co., 247 Md. 95, 231 A.2d 514, 517.
Constitutional
Torts | Verletzung verfassungsrechtlicher Freiheiten
While
Germany and France have specialized courts for hearing constitutional cases
this is not the case in the U.S. See Bivens Claim.
Constitution
| Grundgesetz/Verfassung | Loi Fondamentale / Constitution:
Latin.
constituere, to make to stand together, to establish. Originally, an important
decree or edict. Later, the laws and usages which gave a government its
characteristic features.
The
fundamental law of the state (e.g., Grundgesetz)
The
constitution of the state may refer literally to the legal arrangements which
characterise the state or metaphorically to the institutions and relations of
the organs of the state across time. We concern ourselves here with the former,
that is the literal legal definition.
In
the common law constitutions are termed either written or unwritten. The United
Kingdom has an unwritten or customary constitution, whereas that of the United
States is written. A written constitution can be the basis of judicial review,
and under British rulings since Coke, an unwritten constitution cannot be the
basis of judicial review.
Verfassung
die
Gesamtheit der geschriebenen oder ungeschriebenen Rechtsnormen,welche die
Grundordnung eines Staates festlegen
loi
constitutionnelle / loi fondamentale / constitution
loi
ou ensemble de lois fondamentales qui règle le mode de délégation ou d'exercice
de la souveraineté nationale, la forme du
gouvernement, les attributions et le fonctionnement des pouvoirs de
l'Etat ..
Contra
bonos Mores / Against Good Morals | Sittenwidrig
No
contract may be made which is against good morals. Such contracts are void as
against public policy.
Contributory
negligence | Part de responsabilité de la victime dans un accident / Négligence
concurrente / Faute de la victime / Imprudence concurrente / négligence
concurrente | Mitgefährdung :
Contributory
negligence is that situation where the plaintiff’s own negligence helped bring
about the tort. In most American jurisdictions it has been replaced with the
doctrine of comparative fault. But in those jurisdictions where it survives, a
finding of contributory negligence on the part of the plaintiff will operate as
a complete bar to he plaintiff’s claim. Contributory negligence is an
affirmative defense which the defendant must plead and prove to prevail.
See
also: proportional liability
Honaker
v. Crutchfield, 247 Ky. 495, 57 S.W.2d 502.
Li
v. Yellow Cab Co. of California,
13
Cal.3d 804, 119 Cal.Rptr. 858, 532 P.2d 1226.
Cowan
v. Dean,
81
S.D. 486, 137 N.W.2d 337, 341
Corporation
| Kapitalgesellschaft | Société Anonyme (à responsabilité limité)
A
legally recognized person having a legal existence independent of its
shareholders, officers, and employees. While the employees and officers may be
liable for negligence the shareholders of the corporation are limited in
liability for the torts of the corporation to the extent of their investment in
the corporation.
Corrective
Justice | Gerechtigkeit | La Justice Corrective:
Justice
has been defined as giving each man his due. Justice may be distributive or
commutative. Distributive justice distributes rewards and punishments to each
one according to his merits, observing a just proportion by comparing one
person or fact with another, so that neither equal persons have unequal things,
nor unequal persons things equal. It is also known as geometric justice.
Commutative
justice renders to every one what belongs to him, as nearly as may be, or that
which governs contracts. It is also known as arithmetic justice.
Internal
justice is the conformity of our will,
and external justice the conformity of our actions to the law, at least where
the law is just.
Creation
of Risk | Gefährdung ???
Custom
/ Customary Law | Gewohnheitsrecht | Droit Coutumièr :
A
usage which has acquired the force of law.
When the usage is public, peaceable, uniform, general, continued,
reasonable and certain, and has lasted since time immemorial it acquires the
force of law and is known as a custom. While statute can and does replace prior
custom, statutes must be interpreted in light of custom when there is doubt as
to their meaning: optima est legum interpres consuetudo. A custom derives its
force from the tacit consent of the legislature and the people,
Customs
can be general or particular customs. Particular customs are lex loci
Particular customs are those which affect the inhabitants of some particular
districts only. The common law is an example
of general custom, as is public international law.
Consuetudo.
Latin.
Custom; usgage; practice.
Consuetudo
est altera lex.
Custom
is another law.
Consuetudo
interpres legum.
Custom
is the expounder of laws.
Consuetudo
loci observanda.
The
custom of the place is to be conformed to.
-D-
Damages
Damages
| Schadensersatz (in Geld) / Schäden
Pecuniary
compensation or indemity which may be recovered in the courts by any person who
has suffered loss detriment or injury.
A
general term for the remedy of a tort. Normally limited to monetary damages on
a theory of compensation for the injured interest (either as valued by tort
feasor or victim), but may also rely on a theory of retribution,
deterrence/prevention or emotional satisfaction. In its broadest sense damages
can imply remedies other than monetary.
There
are a variety of types of damages. The various terms and their meanings are
discussed below:
Damages,
Actual | Konkreter Schaden | Indemnisation effective
Damages
awarded for calculable material injury; Damages deemed to compensate the
injured party for losses sustained as a direct result of the injury suffered
Damages,
Civil / Constitutional tort
Injuries
sustained either to one's rights as a citizen of a State and of the United States,
or else to his rights as a member of a family. See: Bivens Claim
Damages,
compensation for | Schadensersatz | dommages et intérêts | risarcimento dei danni
The
compensation which the law will award for an injury done and thus a synonym for
damages
Damages,
Constructive
Those
damages imputed in law from an act of wrong to another person. Such damages are
imputed, i.e. they may or may not be related to the actual damages.
Damage,
Compensatory (opp. To punitive damages) | Ersatz eines eingetretenen
(materillen oder immateriellen) Schadens Ausgleichsentschädigung ? | dommages-intérêts compensatoires / indemnité
compensatrice | premio di compensazione
Compensatory
damages are intended to remedy the actual damages caused by the party against
whom they awarded. Thus compensatory damages are an award of money intended to
be exactly equal to the injury of the victim and nothing more. Yet they may
include the abstract compensation for pain and suffering. Nevertheless
compensatory damages do not include punitive damages (q.v.) .
Damages,
Consequential | Folgeschaden (aus Primärschaden)/ Indirekter Schaden | dommage
consécutif / dommages secondaires / dommage indirect
Those
damages which do not arise immadiately out of the plaintiff’s tort but which
nevertheless are caused by the tort.
See:
mitigation of damages, pure economic loss
Damages,
Direct | dommage direct
Those
damages which arise initially or primarily as a result of plaintiff’s tort.
See:
Roanoke Hospital Ass'n v. Doyle & Russell, lnc., 215 Va. 796, 214 S.E.2d
155, 160.
Damage,
Divisible | teilbarer Schaden (bei Nebentäterschaft)
At
common law where two or more tortfeasors are together the wrongful cause of
plaintiffs injury, the plaintiff would have a cause of action against either
for the entire amount of his or her damages. A possible reform which has not
yet been broadly adopted would be to divide the damage award against each
defendant in proportion to their fault.
See,
Gaves v. Cabi, 96-T-5506, 96-T-5537 and 97-T-0026, Court of Appeals, Ohio 1997
Ohio App. Lexis 5570.
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