Analysis of judicial practice of the Republic of Khakas

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Uploaded: 24.11.2014
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Description

Course work in discipline "Civil Law" on the topic
"The analysis of the judicial practice of the Republic of Khakassia to compensate for damage caused to the health of citizens."

Additional information

Introduction 3
1 Theoretical Foundations of obligations owing to causing harm to human health 5
1.1 Grounds and conditions of the obligations of the injury 5
1.2 Liability for damageIt caused the death of a citizen or
damage to his health 10
2 Litigation Republic of Khakassia to compensate for damage,caused to the health of the citizen 18
2.1 The responsibility for the life and health of pupils, students and
employees of educational institutions during educational process 18
2.2 The damage caused to life,health or property as a result of design, production, prescription or other defects of the goods (works, services) 20
2.3 tort liability for damages if,caused to the health of the citizen 23
2.4 Compensation for moral harm while causing harm citizen 27Conclusion 31
List of references



Introduction
 
In accordance with Articles 7, 20,41 of the Constitution of the Russian Federation everyone´s right to life is dominant among the fundamental rights and freedoms of man and citizen, inalienable and belong to everyone from birth. This is confirmed by the provisions of paragraph 1 of Article 150 of the Civil Code, in which the life and health are included in the list of goods belonging to a citizen from birth.Along with the regulations of the Russian Federation, issues of compensation for harm caused to life and health of citizens, and regulated by international agreements ratified by the Russian Federation, in particular the Convention on the Protection of Human Rights and Fundamental Freedoms, the Universal Declaration of Human Rights,
International Covenant on Civil and Political Rights, and others.
The harm caused to the life or health of a citizen, expressed in the death of a person or damage to his health (bodily injury, other injury, illness). Such damage in all cases can not be refunded in any nature or compensated in cash.However, it is usually caused to the victim shall be property losses, as it temporarily or permanently deprived of the possibility of obtaining previous earnings or other income, forced to bear the additional costs of treatment, etc.
In the case of death of the citizen, such losses may be incurred by persons close to him,face loss of content or source of income. Such loss of the victim or persons close to him shall be reimbursed under the tortfeasor tort liabilities. For these reasons, the victim also compensated non-pecuniary damage,therefore causing harm to life or health is in the force of law one of the reasons of occurrence of tort liability.
The object of the course work: obligation to make reparation for damage caused to human health.
Subject: Litigation for compensation for damage caused to human health.The purpose of the study is to analyze the judicial practice to compensate for damage caused to human health by the example of the Republic of Khakassia.
The object and purpose of the following tasks:
- To consider the grounds and conditions of the obligations of the injury;
- Determine responsibility for harm,caused the death of a citizen of or damage to his health;

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