This thesis, developed in the Post-Graduation Program in Law at the Pontifícia Universidade Católica de São Paulo - PUC / SP, is about the investigations of the Rights of the Family, concerning the Comparative Law. The research was divided into five parts, starting by the discuss...
Ver documentoThis study aims to investigate the incidence of medical liability in assisted reproduction techniques. To face the subject, the work presents a brief analysis of the main techniques used by addressing critical issues and controversies arising from each of them. Then it traces a b...
Ver documentoThis dissertation aims to analyze the effects of strict responsibility since the laws of primitive peoples until nowadays, not only from the analysis of studies of the laws, but also the theories that preceded the theory of risk. Besides, it studies the objections that can be rai...
Ver documentoThis study aims at investigating an independent legal category that, along with the guilt and the risk, offers basis to the civil liability, named as civil liability ex lege due to conflict of rights. This category is presented as the fair solution provided by the legislator to a...
Ver documentoThe civil liability is one of the justinian codes oldest of the law, being that its antecedents retrace Old Rome. The civil liability was inserted in the Brazilian legal system at a first moment in its subjective modality, whose elements were fixed in the action or omission, the ...
Ver documentoThe legal protection against damage is a reality since the early orders that record. Among the elements needed for liability figures the causation. This academic work, after checking the historical passing of liability, to better understand the current feature of its institutes, ...
Ver documentoThis work dealt with the distribution of risk in the obligational relation, taking the Civil Code as the main field of analysis. Sought to study hypotheses for the distribution of risks (consensual or not) that lead to the division of the assumption of losses by the parties. The ...
Ver documentoThis research intends to inquiry about states civil liability for acts of legislation. The main scope of this essay was to explore the maximum possibilities of the institute on the brazilian legal system in order not only to meet the conditions to handle the status of citizens ef...
Ver documentoStrict liability, the one that doesnt need a negligent act to impose the damage doer the obligation to pay the victim for the damages caused, is getting more and more important in the judiciary system, since the end of he 19th century. Especially after the Civil Code of 2002, the...
Ver documentoO presente estudo aborda o acidente do trabalho e sua reparação pelo direito comum em face dos dois principais sistemas que fundamentam a responsabilização civil do empregador por acidentes do trabalho - subjetivo e objetivo -, principalmente após a entrada em vigor do novel Códi...
Ver documentoThe social liability of the companies although is based in ethics, on this paper it will be seen under a legal view. To accomplish it the study of the constitutional principles, of the social liability, and solidarity is necessary. The terminology of liability was also treated, s...
Ver documentoO presente trabalho versa sobre uma análise da responsabilidade civil decorrente dos acidentes de trabalho ocorridos dentro da empresa, e a defesa da responsabilidade objetiva do empregador nas atividades de risco. O número de acidentes do trabalho cresce a cada dia, despertando ...
Ver documentoThis present dissertation analyzes family power and the consequent liability of parents from the point of view of civil and procedural civil law. The dissertation begins with a brief historical account of family power, which has led to its current conceptualization as the duty an...
Ver documentoABSTRACT The importance of a contract, and its following effects, is excelled in a contemporary, post-modern or information-based society, while based on a socio-juridical context. This holds the need to redefine the traditional borderline between obligation and property law, as ...
Ver documentoThe present paper examines the fundamental right to a reasonable guarantee of the duration of proceedings, as explicitly set out in the Brazilian Federal Constitution of 1988, in section LXXVIII, article 5, as well as civil liability in the cases of a breaching of this precept. T...
Ver documentoIn recent years, under the liability, grew too much in the number of indemnities demands against private hospitals, especially under the allegation of medical mistakes. The doctor makes mistakes because he is human and makes mistakes because he had a poor training, because it is ...
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