Material compensation of moral damage is one of the most difficult controversies in the theory of law and jurisprudence. Because of lack of legislative backgrounds, the courts often face many problems while determining the amount of compensation. Such problem is more evident and complex especially in developing countries, where jurisprudence in this matter is not developed yet. This book provides legal framework of the issue of material compensation of moral damage, the definition of moral damage, the ground and way of calculation of compensation and some other compensation-related issues. The issues discussed in this book are based on comparative analysis of different legal doctrines and legislations, as well as based on analysis of case law of European Court oh Human Rights and Inter-American Court of Human Rights. The analysis and conclusions of this book may be useful for law researchers, professionals in law as well as for anyone else, who needs to get material compensation for moral damage caused to him.
The present study represents an attempt on the part of the drafters to extend the applicability of the Code beyond that resulting from the application of normal conflict of law rules. Articles 74-77 of international sales convention (1980) deal with damage compensation resulted from breach of contract. Article 74 mentions the general rule, talks about the necessity of compensation and articles 75 and 76 have mentioned the conclusion of a substitute transaction and referring to the current price, as the two methods of compensation. Article 77 has also mentioned the rule of minimizing compensation. Based on this article, if the aggrieved party fails to take the measures within his powers to mitigate the damage, he won’t have the right to seek compensation.The present manuscript studies the differences between principles of the International Institute for the Unification of Private Law, European principles of contract law, French law and Iranian law and the principles of the Convention about damage compensation resulted from breach of contract.
Moral Sentiments and Material Interests – The Foundation of Cooperation in Economic Life
We did not follow any classical scheme of presentation of the damage institution. We configured its physiognomy, as it emerges from the texts of the new Romanian Civil Code. We followed the line of the regulation, from the presence of the damage within the general coordinates of civil liability and among its conditions, the relationship with the justificatory cases, the conditioning of all forms and varieties of liability, to the regulation dedicated to the injury brought to the bodily integrity or health, the damage resulted from the breach of personality rights, the damage resulted from a contract and the special regimes of compensation to which the Code makes express reference. We only opened the door to the fascinating regulation of the damage in the new Romanian Civil code. We thought about some thematic areas in which the damage takes peculiar forms of expression. There is room for much reflection – placed, inspired, reconciled with the tendencies of the jurisprudence and relevant doctrine. The legislative gesture of 2011 deserves to be continued –constructively- through comments, debates and proposals – modern but timeless, firm but flexible.
The book is concerned with quantifying damage in asphalt mixtures at the micro level. The use of X ray Computer Tomography (CT) a non destructive technique along with image analysis has been described to study the internal microstructural properties of asphalt. Detail on compression and tension compression fatigue tests and scanned in X ray CT has been given. Techniques to convert 2D images into 3D images of the asphalt sample has been discussed.
Three experiments were carried-out to assess the damage potential and control of the groundnut bruchid Caryedon serratus Olivier [Coleoptera:Bruchidae] on stored groundnut and some host plants in Yola,Adamawa State, Nigeria.The first experiment determined the damage potential and physical damage done to shelled and unshelled groundnut,tamarind,Shea butter and Locust bean by the groundnut bruchid with no control measures applied.Shelled groundnut gave the highest mean percentage damaged seeds (90.00) and the least was in untreated Shea butter nut (28.68).Shelled and unshelled groundnut gave the highest mean percentage weight loss (70.33 and 68.33).The second experiment tested the best conditions for storing groundnut using varying levels of the plant material leaf powder, F. congensis and the chemical, actellic dust. Chemical gave the highest percentage mortality (89.73), less mean number of eggs laid (101.00) and least percentage weight loss (9.33).However, the plant material, F.congensis was outstanding in controlling the bruchid. The third experiment evaluated the different storage methods or control measures and their combinations in order to obtain an integrated pest control.
In semiconductor industry, material property degradation due to process is a critical factor that limits the device performance. Process-induced damage on a variety of dielectric materials is discussed and measured. Results from various metrologies are packaged and correlated into systematic theory. Charge-induced, chemical, and physical damage source in plasma process environment is identified and optimized. Two sample types of dielectrics are investigated: high-k dielectrics used in device technology and low-k dielectrics as observed in interconnect technology.
Varieties of Moral Personality – Ethics & Psychological Realism (Paper)
The development of codes of medical ethics since the days of Hippocrates until the twenty-first century, is analyzed by the authors using the bioethical principles of Beauchamp and Childress. From the evolution of medical paternalism to the principle of autonomy, the authors created the theory of moral consensus to justify the prohibition of abortion and the recent admission of orthothanasia the Code of Medical Ethics in Brazil.
Moral Psychology V 3 – The Neuroscience of Morality – Emotion, Brain Disorders and Development
Genetic science including human stem cells promises cure of incurable diseases using our genes such as Alzheimers, Parkinsons diseases etc. This books examines moral issues that form the backdrop of the issue of patenting human genetic material. There are several moral objections that are raised on the issue, such as: (a) is patenting human genetic material a patenting of human life? (b) is it contrary to morality to remove stem cells from human embryos? (c) is patenting human genetic material commodification of human life; consequently a revival of slave era? (d) is patenting human genetic material hinders further research, which is against our basic values? Accordingly, this book examines moral issues comparatively from Western & Islamic perspective. This is a unique work of its kind that is useful for lawyers who are practicing on IP law; for pharmaceutical companies that are conducting research on genetic material and for Muslim countries as Islamic perspective is more liberal than Western to allow research on genetic material including stem cells and to welcome scientists from around the world to establish their laboratories in Muslim countries.