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UNPREDICTABLE RISK FAILS RIGHT TO INDEMNIFICATION BY THE SUPREME COURT

UNPREDICTABLE RISK IS GIVEN RIGHT TO INDEMNIFICATION.

As stated in the ruling of the Supreme Court Room 1 ª, dated 12.02.2003, No. 112/2003, there is no right to compensation when determining the cause of the accident was the conduct of the victim, who agreed in an unpredictable way to a dangerous area. It has therefore applied the jurisprudential doctrine that should be excluded from liability where the victim takes an active role in producing the result. In these cases

unpredictable risk for the TS, there is no violation of art. Civil Code 1902 of arguing, in essence, that "the three elements or requirements to attend to assess liability in the defendant, none of them satisfied in these cases, neither the base damage which is claimed (as it is not disputed that the death resulted from the accident), or the guilt of the defendant (obviously non-existent), nor the causal link (broken in any case with the proper conduct of the victim, causing and determining the outcome of harm). "

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jurisprudence For it is the TS (Ss. of December 12, 1984 and October 1, 1985) that should be excluded from liability where the victim away transformed from a passive subject of the harmful action and takes an active role player in the production of result, and also (S 30 th June 2000, with previous appointment) that the determination of causation must be based on a certainty of proof is not affected by a possible application of the doctrine of risk, the objectification of responsibility or the reversal of the burden of proof, require the existence of a strict test, which rests with the actor.

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NO RIGHT TO COMPENSATION FOR THE DECISION OF ARREST OF SUICIDE thrown out the window of a court

The Judgement of 05 October 2010 3rd Chamber for Contentious Administrative Court, states that there entitled to compensation for lack of liability of the Administration in the irregularities in police custody and detained subsequent decision to throw out the window of a court.

A) The Board 3 of the TS ratifies the decision rejecting the claim of liability of the administration, as there is no causal link between the way that developed the custody of the son of the appellant, and detainee's subsequent decision to commit suicide or throw-away-from the window of the court premises where he was.

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Specifically, the statement notes that the irregularities could be in police custody can not be considered efficient cause of the subsequent suicide of the accused if the latter was already on remand and had been given an unconditional sentence of imprisonment against him, and declares that while the existence of a window without bars could be considered abnormal in a prison, it is not a court, and this is because the Courts are not intended principal residence of persons deprived of their freedom or the placement of the mentally disturbed, and consequently do not appreciate the existence of guilt "in watching."

B) The late after rendering a judicial finding after which the Judge left the office and waited in the corridor to be notified of the arrest without bail the contents of which had been advanced by the court. In that timeout, which lasted about twenty minutes, the detainee was sitting, handcuffed and guarded by two police officers, and that while holding a conversation with his lawyer and made some comments to the cops. At one point the detainee got up slowly, he stepped on the cigarette butt and ran through the hallway window to the courtyard, at which time one of the officers tried unsuccessfully to restrain him the pants, falling from a height of two floors and striking his head.

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As stated in a judicial proceeding on the same day 03.07.2000, a detainee died at sixteen hours and ten minutes of that day in the General Hospital. It then initiated the appropriate legal action for the death of the latter, whose performances ended up being shelved seen no criminal liability.

C) Based on these facts, the mother of the deceased appellant filed two complaints: one of Liability of Directors and a responsibility for abnormal operation Administration of Justice.

in the administrative record on the latter, the General Council of the Judiciary issued report, which asserted the existence of irregularities in the administration of justice in three ways: police detention lasted longer than strictly necessary; hygienic conditions of the cell were unacceptable, and were at fault in keeping an eye on court premises. However, the two claims were dismissed by resolution of the Ministry of Interior of 18 November 2003 and by administrative silence respectively.

not agree with it came the mother of the deceased the appellant the courts. Without expressly ruling on the compatibility of two different compensation claims, subject to different legal regimes in part, by the same injurious event, the contested decision rejecting the claim, concluding that, in any case, there is no causal link between the way in which developed in custody and the subsequent decision to throw himself out the window of courts.

Specifically, the contested decision shows that the irregularities could be in police custody can not be considered efficient cause of the subsequent suicide of the accused if the latter was already on remand and had arrest warrant was issued against him unconditionally, and also notes that, although the existence of a window without bars have been accused of being abnormal in prison can not say so in a building housing a court. Add provided in this respect that the policing response to the usual pattern in similar cases.

D) For the Supreme Court was likely to occur and abnormal functioning of public service, as noted by the report of the General Council of the Judiciary. But the irregularity of the police action can not be regarded as causally determining the decision of the son of appellant to throw out the window of a second plant.

Nothing in human experience to date indicates that, having suffered a particularly harsh police custody, is often a "desperate attempt to escape" very likely leading to death. There is no rational basis for such inference.

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The illegality of police conduct, if indeed any, it is not subject to this process, no right to compensation for the consequences of an act which, far from being a necessary consequence of it, due to a spontaneous decision the son of the appellant. Therefore, for the TS the reasoning of the contested decision is quite compelling, and inevitably share the wise words with which he concludes: "The true motives of human behavior often beyond the knowledge of others and belong to the mystery of the person."

Moreover, the existence of an open window in a court premises can not be described as abnormal functioning of the Administration of Justice, unlike what would happen in other public institutions, and this is because the Courts and Tribunals main aim of stay of persons deprived of liberty or the placement of the mentally disturbed. It is significant that the report itself of the Supreme Judicial Council, how severe was the way in which developed in custody, do not reproach to this other issue.

can not, well, talking about guilt in watching, nor would it be correct to say that the existence of an open window, which undoubtedly made it physically possible to the fatal decision of the appellant's son jumping into the void-rate leads to the violation of any legal duty by the Administration of Justice. Under these conditions, the state of the police station at the time of the events lack any causal relevance, and this is because causation due to inactivity or omission, as it would in this case, in which the appellant complains that the Administration of Justice to have killed his son, but have tolerated a situation that made it possible-requires the breach of legal duty.

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TS BY LAW OF ROAD USERS OF DEALERS TO INDEMNITY IS IN THE SAME ARE BLOCKED BY A compensable

The Judgement No. 473/2010, of July 15, 2010, the Civil Division of Supreme Court recognizes the right to compensation of 150 euros per person for passengers of vehicles were blocked by snow that fell AP-1, Burgos-Armiñón, 27 and 28 February 2004.

A) The Chamber 1 TS confirmed the ruling admitting the claim filed by the Association of Users plaintiff, declaring the liability of the company now relapsing-Europe, the concessionaire for the operation of the AP-1, by damages that are derived by the court that there was movement on the road maintained by it, 27 and February 28, 2004. Does not face "an unpredictable course of traffic accidents and highway collapsed inevitable given the adverse weather conditions" because of snow or ice are predictable in winter conditions, so the appellant was attributable to lack of foresight of eventualities could occur with the reporting worsening weather conditions.

TS

Declares that there is a causal link between the incidents suffered by users of the highway and the failure of the appellant's duty of care imposed extreme Law 8 / 1972 of 10 May, highways, for traffic and accidents that occurred were due to the aforementioned lack of foresight and lack of information provided to drivers, which if given, would have allowed, if not avoid, if you reduce the results produced. So, it is ordered to pay compensation for moral damage suffered by the victims and set, as many to satisfy every one of them, the amount of 150 euros.

B) The lawsuit claimed by both the pecuniary damage, the situation of distress, worry and even in some cases the inability to obtain food for each of those affected, as in respect of property damage, for the damage resulting from the unjust retention during the 17 hours or so that prevented many people comply with the normal conduct of its activities (workshops, meetings, classes) establishing the basis for its calculation: an average of eight hours of implementing the cost effective hourly wage (11.07 euros) issued on December 18, 2003 by the National Institute Statistics, increased by 50%, you get the amount for damages for the concept of 132.84 euros.

TS

statements have recognized that the moral harm is a difficult concept (STS May 22, 1995), relative and imprecise (SSTS December 14, 1996 and October 5, 1998). Started their compensation in the tort field, expanded its scope to the contract (SS. May 9, 1984, July 27, 1994, November 22, 1997, May 14 and July 12, 1999, etc.), adopting an increasingly broad guidance , clearly exceeding the stringent criteria that restricted its application to the classical conception of "pain and suffering" and attacks the rights of personality (S. October 19, 1998). Still true that more numerous assumptions are manifested in relation to interference in the honor and intimacy (which has legislative recognition), attacks on the professional prestige (Case February 28, 9 and 14 December 1994 and October 21, 1996), intellectual property (also with legal regulation), health responsibility (Case May 22, 1995, January 27, 1997, December 28, 1998 and September 27, 1999) and tort (accidents resulting in injury, sequelae and death), but would then be covered several cases in which openness is significant criterion (on the basis of the principle of indemnity), now in the field of neighbors or abuse of the right (S. July 27, 1994), now with generative cause a breach of contract (SS. July 12, 1999, November 18, 1998, November 22, 1997, May 20 and October 21, 1996), which, without however, can not think of a generalization of the possibility of compensation.

The basic situation that can occur in a moral harm compensable is suffering or mental condition (Case 22 May 1995, October 19, 1996 and September 24, 1999). The recent Court has referred to various situations, among which include the impact or psychic or spiritual suffering (S. July 23, 1990), impotence, anxiety, anxiety, distress (S. July 6, 1990), anxiety, mood and feeling of anxiety, grief, fear or premonition of uncertainty (S. May 22, 1995), anxiety disorder, emotional impact, resulting uncertainty (S. January 27, 1998), shock, grief or psychological stress (S. July 12, 1999).

C) With respect to the claim for property damage for those who have paid the toll, the lawsuit claimed a linear amount of 28 euros per vehicle is calculated taking into account the various reviews on the rate depending on the route, and partly an average of 14? per vehicle and calculates that based on twice the amount paid, ie 28 euros claimed. The defendant opposed the concept of abstraction called, not knowing how to obtain the amount claimed. However, even knowing that the segment most affected by a hold, in both senses of the movement was that of Miranda - Pancorbo, must be compensated with a uniform amount to all consumers and users, the toll for the section Armiñón -Burgos, according to different categories of vehicles, according to the rate schedule applicable on January 1, 2004 (page 211), as the TS understands that if the information provided by the highway users would have been adequate, even with restricted circulation, destroys the vehicles will enter in circulatory collapse which prevented them from escaping by either highway exits. Similarly, the allowance shall for those affected with the condition of consumers or users, according to Article 1 of Law 26/1984 and avail themselves of the highway between the 16 hours until the official closure of the highway (approximately 19 hours on ) on 27 February 2004.

D) As Europe recognizes this is not a fortuitous event or force majeure is a legal matter in which the factors of consumer law and public nature, and generalized regular service have evolved accountability system to a quasi-objectification objectification it would be irrelevant the existence or otherwise of these assumptions in the face of the statement of responsibility in Europe.
Indeed, since the main rule of consumption (LCU, Article 25), recognizes consumers and users the right to compensation for damages that the consumption of goods or the use of products or services are incurred, created as only cause of exclusion that was involved in the production of the damage its sole negligence or people from which to respond civilly. There

case law stating that the contractual relationship between the concessionaire a highway and the user of the first obligation imposed on the extreme diligence to ensure adequate security conditions on the characteristics of the process of that nature, designed for rapid movement of vehicles (SSTS July 30, 2008, RC No. 616/2002, December 19, 1995, CR No. 2085/1992, May 5, 1998, CR No. 916/1994, 6 May 2004, SR No. 1971/1998, January 27, 2006, SR No. 2244/1999, April 15, 2009, CR No. 1191/2004). Established

causal link for the appeal decision from the default of its obligations by the concessionaire and the result produced it only remains on appeal the power to examine whether the complaint properly verified damage objective entity that requires responsibility as the objective imputation, which integrates a quaestio iuris [legal issue], involves a trial that, beyond the mere finding of physical causation to be measured using criteria drawn from the legal system can be charged against the damage caused to the agent appreciating the proximity of the conduct performed, the scope of protection of the rule infringed, and the frequency or normality of the risk created against the existence of the general risks of life, among other circumstances.

From this perspective, the trial of complaint verified by the appeal decision conforms correctly to a rigorous standard of care taken of the obligations imposed on the concessionaire by the Highway Act. It is true that we offer as the meteorological conditions relevant circumstances, the conduct of drivers, the emergence of an unusual number of heavy vehicles on the highway, the accidents suffered by any of them, the abandonment of heavy vehicles by their drivers and inappropriate intervention of the authority, but these factors are not sufficient to eliminate the Causation of damage to the dealership.

The extreme care required to ensure adequate security conditions on the characteristics of the process of that nature, designed for rapid movement of vehicles is not consistent with the facts that are deducted from the account of the facts verifying judgment, encrypted, essentially, a lack of anticipation of adverse weather conditions, but predictable in the winter when there were, in fact no such conditions have intensified in monitoring point where the conflict occurred, especially complex for road traffic, in the insufficient information provided to drivers; lack of coordination with the administrative authority and reprehensible in itself, largely attributable to the lack of media available to the concessionaire of the highway, because they were unfit to meet extraordinary situations and did not have specific character for communication with the Administration.

Faced with these circumstances are very minor significance in the order of Causation, the factors that the appellant notes, consisting basically of the unpredictability of weather complications, in an extraordinary number of vehicles in improper conduct of drivers and lack of restrictive measures taken by the Administration.

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Kingdom Heart 365 2 Rom

My hair, a face

My hair has become a linguistic karma.

so staggered I do not want, but I learned the word with my first hairdresser as I have told and repeated here for several years. Staggered. Staggered. Or again: as usual, as usual. But my first barber was sinking in a conversation increasingly elaborate telephone, address and Senorita at rates increasingly dark, the girls increasingly exotic washed the heads succeeded each other rapidly to be the ugliest of all: one who knew about checkpoints, and goings numbers-betting occurs to me. The salon was increasingly empty and I increasingly asymmetric.

One day, a few blocks before my old hairdresser myself wondering what was causing my fidelity to that increasingly distracted barber, black, super Amella scissors. was, without doubt, a faithful linguistic How not to cut my hair with it had been my teacher in vocabulary peluqueril since I came to this country? Besides the price, of course: as the greatest gain comes from illegal betting, the price of hair treatments, cutting and drying have remained the same over the years. That day I thought I had passed far beyond the first level of the language course and maybe could go to another hairdresser without problems and without my master barber feel disappointed. I think it also helped that from where I could see that my old hairdresser was closed.

I walked a block or two and came across a sign that read: "Fulanita, golden hands." Nobody will believe me, but that was the name of the salon. Well, it's so and so is only to protect the privacy of the woman, but the "golden hands" is a vulgar cast of reality. Translated, that is. No self-respecting hairdressers in my country would take such a name (I comes to mind that which is called "Engineering hair), but on this side of this side of the world are very strange things ...

I explained to the lady and her golden hands he did not want hair as staggered, but I could not even use because I ballooned. The woman and her golden hands (I was about to write: "Edward Scissorhands") told me that I understand perfectly, not to worry. As I cut their hair exactly as I wanted, I asked - the lady and her hands - until the evil that I would die . I made a summary of my life, life in the countryside where I live, I spoke of my children, my husband told her in detail what I was doing.

- English teacher? - I told the lady and her hands And how do you teach English if you speak Hebrew?

- In what language we've been talking so far? - I asked, pissed.

The lady and her hands did not understand the question, I looked confused. In order not to disperse - not a thing that I stagger hair suddenly got the call and said

- I am a professor of Hebrew, but in English.

hair as it was me as I wanted, but I'm not going to step on the salon where I cut my self-esteem also linguistics. Never mind all the effort you make to speak the language correctly, some people hear my accent and I get a label. That same day in the morning had suggested to my boss a course in American literature in Hebrew. After this cut, this woman and her golden hands, I think it will withdraw the proposal and mute.

return the asymmetric rolling my old barber, to his box, your details and Senorita. There the price is always the same, no one asks me about my life and I may agree to learn the words needed to cope with illegal betting, especially now that I broke down my dream literature.

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NEVADA CIVIL REGISTRY ERRORS CAUSING DAMAGE

A) The decision of the Disputes Division of the National Court Section 3. First, seven of June two thousand ten, finds that there is abnormal operation of the Registrar when issuing a certificate of birth of the claimant's wrong to put that she was married when I was uncertain, which prevented him from marriage, which entitled to compensation of 36,854 euros.

is, AN appreciated by abnormal functioning of the Civil Registry, to indicate an error in the birth certificate of the person concerned by a previous marriage appear in reality non-existent, which prevented him from celebrating the planned marriage , and could not be performed because the registry correction called the death of his partner. It has generated a real and effective because the plaintiff was frustrated the possibility of marriage before the death of his partner, which prevented him from collecting widow's pension that would otherwise be entitled. However, the Board believes that the voluntary decision not to marry during the long relationship of the couple helped produce the harm, so that the existence of a concause between the administrative and the harmful result means the moderation in compensation from the Administration. Thus, with respect to compensation for damages, the Board does not accept the moral damages sought by the appellant not being able to "regularize" the situation with your partner, and does not consider that such damage was suffered a result of administrative error , but result from the voluntary decision of the couple to live together without getting married. Compensable injury itself considered the possibility of perceiving widow's pension she would be entitled if he could marry before the death of his partner, in the absence of registration error.

B) PROOF OF DAMAGE : Where the trial has been demonstrated, the existence of an error in the Civil Registry of Arapiles (Salamanca) to have registered as a marginal note of registration of birth of the plaintiff the existence of a previous marriage with another person who was wrong because the marriage did not exist.

occurred without doubt an error in the certificate of registration which should be considered if it has generated the illegal damage is claimed, in this particular case in compensation for damages that has generated the impossibility of marriage and consequently the possibility of having received a widow's pension when her partner died.

and tested in the procedure to be considered established that the appellant and her partner planned to marry at the end of September and that due to error on the birth certificate of the appellant, stated that he was married, could not process the registration dossier within a reasonable time which would have allowed couples to marry her on schedule.

is why the NLA has established that that there was an abnormal functioning of the Administration public that no doubt contributed to the generation of a real and effective frustrated seeing the possibility of marriage before the death of your partner what, ultimately, prevented that could collect a widow's pension that would otherwise be entitled .

C) However, one might also wonder whether this error was the only determinant of outcome in fact occurred. In other words, if the margins of the abnormal functioning of public services there are other causes that contributed effectively to the outcome of harm. And the answer of this Court to this question is yes.

The appellant may have contracted marriage to his partner during his long relationship (about fourteen) which would have allowed him to collect a survivor's pension is now claimed as compensation for damages and was the voluntary decision of the couple largely prevented that no harmful outcome were to occur. Can be countered, not unreasonably, that couples have the right to marry when they voluntarily decide and that decision, even late in a long relationship, should not be frustrated by an administrative error. But the fact remains that the voluntary decision not to marry until he finally found a serious illness also contributed the causation of damage, especially if we consider that since it was detected lung cancer to your partner and they decided to get married, in February or March according to the witness statement contained in the case proceedings until mid- July was requested the birth certificate necessary to file initial marriage there was a delay in the actions taken by the party that is a mismatch with the intent of placing on the functioning of the administration is exclusively responsible for the desenlance produced.

should be added also following the same argument, that taking into account the patient's age (72 years) medical history (for several years had suffered from prostate cancer and a few months before had been detected a lung cancer), his recent surgery and his health worsened by pneumonia and a first heart attack from which he recovered initially deteriorated significant health and placed him in grave danger of death that would have allowed interested parties avail themselves of civil marriage "in articulo mortis" (art. 52 CC) which is held only with the presence of two witnesses and without pre-processing any record, delaying the verification of the absence of obstacles to the marriage to the subsequent processing of the dossier before proceeding to the registration of the record in the civil registry, records that would have allowed further clarify and rectify the error suffered for this deployment to be valid.

is why the conduct displayed by the appellant itself and its partner also contributed significantly to the occurrence of the harmful result.

The Supreme Court (STF April 15, 2000 and February 26, 2000) has been repeating that the necessary causal link between the conduct of the Administration and the resulting damage can appear in forms mediate, indirect or concurrent which, if any, moderate proportion repair by the Administration and also stated that (STS 6 November 2001), "or interference in the conduct of the victim or a third party determine in all cases the elimination of liability of Directors once proved that this latter has had some influence on the harmful outcome. "

The prosecution case, the conduct of the injured party does not serve to break the causal link between the administrative and the harmful result but is considered a very important concause to moderate repair by the Administration. Is calibrated so that the occurrence of faults in the following percentages 20% blame the government and 80% because of the impaired.

D) AMOUNT OF DAMAGES COMPENSABLE: The applicant claimed 430,000 euros for the widow's pension that would have been able to match the date on which could have been married to 90 years (28 years) and 30,000 euros for moral damages after failing marriage.

The National Court does not consider appropriate compensation for moral damages claimed for failing to "regularize" his situation with his partner (in the words used in the application), because this alleged moral damage, disconnected from anything else, can not be considered concatenated error Administrative suffered but derives from the voluntary decision of the couple to live their lives, after a long personal relationship, without marriage.

If one considers, however, as recoverable losses inability to receive survivor's pension which would be entitled if he could marry before the death of your partner, it was the intention of the couple when they detected the serious illness. This prejudice stems in part from administrative error detected in the registration certificate, but as stated above, the own performance of those affected and in this case the conduct of the appellant. The

appellant would have received such a widow's pension since the death of their partner (29 October 2006) until his death at an unknown date can be calculated on the basis of reasonable average life expectancy of a woman. To this end, the National Statistics Institute considers that the average life expectancy of a woman in our country are 84 years and since the appellant had at the time of the death of her partner 62 years so he remained a reasonable expectation of life, according to statistics, 22.

Moreover widow's pension that would have been entitled is 52% of the pension which he received the late D. Rosendo. Since the regulatory basis of the retirement pension of the latter amounted to 1343.65 per month for 52% corresponding to the widow's benefit amounts to 698 # per month multiplied by 22 years would determine an amount of 184,272 euros.

Well, since the AN observed a concurrence of guilt in the causation of injury, understanding that the Administration accounts for 20% of that liability the amount by which they will be compensated the appellant for damages suffered amounts to 36,854 euros.

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Sao Paulo, SP, Brazil - Xinhua / CRIENGLISH by Luo -7 December 2010: - production Brazil vehicles reached a record 3,350,000 units in the first 11 months of 2010, up 14.6 percent over the same period last year, the Association National Manufacturers Automobile (Anfavea) said Monday ... The figures exceed the production of vehicles registered in the year of 2009 to 3,180,000 units. Anfavea foresees a total of 3.6 million vehicles in 2010 ... In November, a total of 321.084 vehicles were produced in Brazil , 1.6 percent from October and 10.1 percent year on year ... The production of cars and light trucks rose 12.7 percent from January to November to 3.13 million units, while truck production rose by 58 percent to 175,785 units. Bus production stood at 43,549 units, up 34.4 percent over the same period last year ... The increased production reflects an increase in employment levels in the automotive sector. According to Anfavea , 135,913 people worked in the automotive industry in late November, up 0.5 percent from October and 9.7 percent annually ... (Photo: Mercedes-Benz do Brasil has received an order for delivery of 550 trucks at Casas Bahia, a leader in retail in Brazil for home appliances, electrical and electronic)

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linguistic karma

I guess that confused with bronchitis virus is not anybody dead, but what I have gone wrong. Opened last week at my house with a range of diseases. First, my child, my daughter and then finally me. I self-diagnose the same virus that had taken my children and I lay in bed fevers and sweating read Yehoshua Kenaz. I moved pages and pages delusional. Given that my ability to read Hebrew is a bit rudimentary, I was amazed how quickly I was devouring the leaves. I did a test to see if I had opened a third eye to read Hebrew literature and grabbed a long story of Amos Oz. I moved quickie too, but not a mile a minute as Kenaz. Kenaz could dispense altogether with the dictionary: imagine if the adjectives were positive or negative, the shares look as through a veil, descriptions of landscapes mean barely understood half the words. Amid the fever, I was wondering if Yehoshua Kenaz would be a good writer. If it was normal was reading so without a dictionary. His characters moved me, though. I could see them and say yes, it's true, then so are some old ones that do not stop putting on lipstick and touched up a stiff hair. And yes, it is true, so are some old who can not hear, who live isolated in the hearing of stubbornness and not physiological. Most notable in this novel about old is that actions are developed in the present. If I had written a novel about old, had fallen into the quicksand of memories, past, memory. A painful and truthful novel about old should be told in this history. I usually smear

action in the swamps of the past.

A golden marsh.

My novel is almost ready. It was assumed that this week end corrections, but the range of diseases opened in my house, I said. As I self-diagnosed a virus, supposed to be better now and I would finally read my novel of a single pull, but no. A rumble in the chest would not let me sit and read anything and my mother's voice on the phone I was running to the doctor. "What if what you have is bronchitis?" - I asked. Mothers do not need to look closely or to diagnose children. The doctor confirmed: a double ration of antibiotics and codeine. "Are you sure you do not have a fever? "- he asked his old sailor's face. I can not help but see it as a sailor since he told me to pay for her career had worked on cargo ships and spent several times for La Guaira. As there is a want to get into this swamp last imagine in a bar in La Guaira drinking liquor with other sailors or the cable car up with some fresh Caracas known. It was a time of economic hardship in Israel and Venezuela seemed to my doctor the metaphor of debauchery .

There are some wetlands that call.

Since I know that my doctor was in Venezuelan port, I see another face. And since he knows that I'm Venezuelan also looks different. It is as if we came from the same swamp. As if there was a point where our past are though when he was in La Guaira I was not born. There is a point where we know - I guess I assumed it.

He knows where I come and I know where he's been .... with all these assumptions, I can write a novel muddy.

I deleted several swamps of my novel, to see if the stock moves up and despite the mud weight. Somehow I can say that in the end, but until the lungs stop me purr I can not read it in one go and I say here. Could read and purr at the same time, but I do not know why disruptive. I guess it requires good lungs to read in one sitting. It also requires a very good mood to correct a novel. I just get depressed, I want to erase everything. Just hurts my lungs, I think it's because I'm discouraged and I can not imagine even bronchitis.

I guess nobody dies of bronchitis unattended, but what upset.

Some advice for anyone who has finished writing a novel and is available to correct it: 1 .-

never corrected with bronchitis. 2 .- There
marshes calling, but be careful because they are quicksand. 3 .- Remove
unscrupulous swamps, but occasionally succumb.
4 .- A true novelist knows when they succumb to remove the winding marshes of the past.
5 .- Do not treat, much less self-diagnose.

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PUNITIVE DAMAGES IN THE AIR TRANSPORT BY THE SUPREME COURT

THE COMPENSATION OF PUNITIVE DAMAGES IN THE AIR TRANSPORT


"As regards the quantification of compensation for moral damages, the Supreme Court has taught that" our civil code does not provide for compensation for moral damages, while Article 1107 requires compensation for 'all' and has been a civil appellate law, for violation of Articles 1101 and 1106 of the Civil Code has been developed continuous and progressive teaching about its origin and from former Case 12/06/1912 and December 19, 1949, stating that while his opinion can not be obtained from direct and objective evidence, not because it is tied to court and are legally impossible to fix its quantification, where have indeed Thread (03/06/1991 Sentencing; 11/03/1995; 21/10/1996 and 19-10 - 2000) and such effects should considered and weighed the circumstances in each case, for what it is precisely not to carry out repairs to the heritage, but to contribute in some way to cope with the pain and anguish of those injured by the unfair act , abusive or unlawful use of another "(Judgement of 9 December 2003) that" the legal assessment of moral damages is clear in its magnitude and severity, economic valuation, as in all moral damage is difficult, so it is reasonable is the amount claimed, in view of the entity causing the damage (if Under English law punitive damages would be much higher) and the suffering of the victims "(Judgement of 17 February 2005), and that" the concept of moral damage has already been developed in previous lines, their compensation is a 'dead issue and resolved in the affirmative "(in the words of the doctrine) and admitted jurisprudencialmente, from the sentence of 6 December 1912 that first introduced compensation moral damage; its assessment and quantification is said to be arbitrary, but can also be argued that any compensation, except where can be very specific, and, of course, the difficulty in determining not to influence the prosperity of a just claim ..... this Court must determine discretionary, not arbitrary, the amount of compensation and, in the light ...., fixed time "(Judgement of 28 March 2005)", and 26-Jan-06, and 27 -June-05.

Al elucidate whether it should be recognized compensation for moral damages, is to emphasize that once reasoned that does not apply to limit the quantities contained in Article 22 of the Warsaw Convention, is the crucial to the provisions of Article 1101 of Civil Code in the sense that the contractor in compliance obligations commits fraud, negligence or default, or otherwise violates the terms of those, it is subject to injury damages, including, in general, are incardinated moral damages, without any appreciable prejudice to any that they are compensated in the field of Law 21/1995 of 6 July on package holidays , especially when, as is explicit in its explanatory memorandum, the law was aimed at the incorporation into English law Council Directive of the European Communities 90/314/EEC of 13 June 1990 on package travel, package holidays and tours, and the Court of Justice of the European Community of 12 March 2002 stated that "Article 5 of the Directive to be interpreted as meaning that, in principle, on consumers a right to compensation for material damage resulting from failure or improper performance of the services constituting a package.

In order to prove the reality of moral damage for which compensation claims, it is recalled that the Supreme Court has held that "the situation that can be basic in a compensable injury is a moral suffering, grief or mental condition (Sentences May 22, 1995, October 19, 1996, 27 September 1999).

The recent Court has referred to various situations, among which include the impact or psychic or spiritual suffering (S. July 23, 1990), impotence, anxiety, anxiety, distress (S. July 6, 1990), anxiety, as psychic feeling of anxiety, grief, fear and foreboding of uncertainty (S. May 22, 1995), anxiety disorder, emotional impact, resulting uncertainty (S. January 27, 1998), impact, grief or mental suffering (S. July 12 1999) (statement of May 31, 2000) that "on that line can be understood as moral damages in all that negative integration decrease suffering an injured victim and immission is a disturbing personality that, by nature, include, in property damage because they are apprehended by his own characterization and, therefore, be translated into the 'quantum' economic, without the need to instantiate the concept (...).

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In terms of positive integration, it must be said, following this case-that moral damages must be understood categories nested in the area of \u200b\u200bpersonal privacy, and that ontology can not emerge outside , although it appears possible that, given the occurrence of events (in fact, the wrongful conduct of the author) can capture the essence of the moral damage, even by empirical monitoring of the reactions, volitions, feelings or instincts that any person may have to be a victim of transgressive conduct subsequent foundation of its claim for moral damages (...).

As for the notorious difficulty in quantifying compensation for this concept , STS dated May 31, 2000 says that "the general doctrine on the burden of proof of harm has certain peculiarities, the variety circumstances, situations or how they can present the material damage. When the moral damage emanating from material damage or due to some factual data, it must prove the reality that serves as support, but when depends on value judgments derived from the reality in question, or when a situation of notoriety, no activity would require a concrete proof. "

The STS of 19 October 2000 cites the July 27, 1994, 3 November 1995, October 21, 1996 and December 12 December 1912, as a starting point for all , says that "settled case law and long standing of this Court is considering compensation for moral damages, recognizing that his assessment is not available from an objective test, but not tied to the Courts of Justice and legally impossible to fix their quantification, whose effect must be taken into account and evaluate the circumstances in each case. "as in those of December 4, 2008, July 12, 2007:

" On the compensation for moral damages, taking into special consideration the type and duration of the package agreed upon, the many activities and excursions planned, the frustration of expectations from the third day (the first invested in transfers), discomfort, restlessness, anxiety and conditions that may generate any traveler frustration, increased as the days go by without locating the suitcase, as is relevant the delay. And attention to the value or amount of flights and cruise separately (f. 17 to 22 cars), and enjoyed day or not. ".

Indeed, the jurisprudence of TS has moved from the admissibility of compensation for moral damages arising from breach of contract as "doubtful" (Supreme Court decision of December 16, 1986) to admitting that "both material damage and damage to property may come from the same contract as the guilt of sin tort " (Supreme Court decision of May 22, 1995) and that" the damages, whose compensation requires all culpable breach of contract are not only material or economic, in its dual mode of damage and loss of earnings (Article 1106 Civil Code), but also the moral damage arising directly from that "(Supreme Court decision of November 11, 1997).

damage derives from the same moral failure because, as has been reiterated by the Supreme Court, it would mean accepting that the contract operates in a vacuum. Any breach of contract per se may involve injury or damage, a frustration with the economy the part, material or moral interest, otherwise this would be to argue that the vicissitudes of the contract, in particular, contraventions The parties shall not have any impact, thus contradicting the normative reality of the binding force of contract and its consequences (Supreme Court decisions of 30 September 1989, October 22, 1993, December 31, 1998, March 16, 1999 and June 18, 2004).

In one case, the court tested the TS ineptitude and anxiety of both actors, individual return to Spain in widely separated dates, and the total disregard to Mrs. Florence, until 6-March, which allows the determination of compensation amount in moral damages, as requested by the respondents (2,000 .- Euros).

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What you are entitled and how to complain to the flight cancellations?

FACUA , Consumer Action offers passengers affected by flight cancellations due to the covert strike air traffic controllers about their rights and how to claim.

1. The airline and travel agent if the flight hired within a tour package should offer, if possible, an alternative means of transport to the flight canceled. If not, or if the date hereof and not interested, you can demand the return of full amount of the ticket.

2. If you do not relocate to other means of transport but it is viable, you can hire yourself and demand that you return the amount of the ticket. If alternative transportation is more expensive than the ticket, you are also entitled to claim from the airline or travel agent the extra you have suffered.

3. If you lose the connection with other means of transportation, airline or travel agency should manage and bear the cost of the new notes to ensure you reach your destination. In any case, please contact the company bus, train or airline to notify loss and request cancellation or replacement of ticket therefore can not charge you any penalty. If you have not been able to contact, for example because there has been no sufficient time to do so, the airline canceled your flight or travel agency has to bear the cost of waste transport.

4. The food and drink that you had to buy while waiting to be abonártela the airline or travel agency.

5. If you're in a city different from your residence, the airline or travel agent has to bear the costs of hotel.

6. The airline or travel agent should also request payment your spending on goods and services such as soap, toothbrush and toothpaste teeth, underwear ... if your luggage had already boarded.

7. You must file your claim with the airline or travel agent via a complaint form (the airline has to give it to you in your window to the airport, by letter or email.

8. You can file the claim on your own FACUA or through, if you are a member of right ( asociate.facua.org ).

9. A claim must include, on the fly or post additional documentation, copies of invoices or purchases tickets and contracts that you do during the wait because in addition to tickets other transport companies if you have lost connections.

10. If the airline or travel agent will not or do it by refusing your rights, presented a complaint to the Air Safety Agency (against the airline) and / or authorities in your autonomous consumption.

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www.facua.org / is
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MERRY CHRISTMAS AND HAPPY YEAR 2011 COMPENSATION FROM GLOBAL

I hope this Christmas can join the Families, be good with the People Who Have a hard hearth and share a magical day. Merry Christmas!
I hope that this Christmas
can unite families, be good with people who have a hard heart and share a magical day. Merry Christmas!

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edificatoria LIMITATIONS FOR THE APPEARANCE OF INTEREST REMAINS OF CULTURAL GOODS OR GIVE NO RIGHT TO EXIST

According to the ruling of the Chamber for Contentious Administrative Court of 17 September 2010, edificatory limitations due to existence of good cultural interest, are not entitled to compensation , not involve any expropriations for, but a legal limitation on the right edificatorio that society must support appeal.

A) The appeal ruling recognizing the right of the applicant to be compensated by being forced to modifying the original construction of a building, as a result of the discovery on the site of his ownership of the remains of the Roman wall of Zaragoza and its required maintenance.

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the TS in the right applicant to the local government when reporting that the contested decision is vitiated by inconsistency and lack of motivation, because the trial court does not take into account the reasons put forward in opposing the original application relating to the absence of unlawful injury and lack of causation between the harm suffered by the plaintiff contends the instance and the performance of the region. Resolving the lawsuit on the terms that he was raised, said the Board with respect to the requirement of illegality of the damage, the constraints imposed on society edificatory appeal by the Law 16/1985 on English Historical Heritage, by the appearance in Solar remains of the Roman wall of Zaragoza-considered public property, "not involve any expropriations, but a legal limitation on the right appeal edificatorio that society must bear.

B) The object of the suit was the partial the administrative appeal filed by the company now here appeal against decision of Minister of Culture of the Government of Aragon, dated April 10, 2001, rejecting the request of liability made by that society, following the discovery in a plot owned by the appellant, the remains of the wall of Zaragoza and its necessary conservation, such party is compelled to modify its original plan to construct a building on the site of note, private, with respect to the initial project square of 94.45 meters and 77.88 meters basement floor square. For the damaged property, but believed that this killing as "necessary" to be imposed on the property and rights of the claimant, this should not become an arbitrary and authentic without any consideration to plunder the property and therefore requested the entitlement to appropriate compensation, not only because it is inferred from the Expropriation rules and Article 139 of Law 30/1992 on the Legal and Administrative Procedure, but mainly because it required by Article 33.3 of the English Constitution and Article 43 of the Heritage Act Historical.

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words, the operation of public cultural services responding to an interest of the latter nature resulted in injury and property rights in the particular character of the institution not only deprive plaintiff of squares of 94.45 meters and 77.88 meters basement floor square of the initial project, but by the cessation of activity which caused damage undoubtedly unique, effective, capable of economic assessment and individualized. "

C) seems necessary to point out, regarding the requirement of unlawfulness of the damage, which essentially defined for conduct contrary to law that the person undergoing it is the duty to bear it, bad it qualify as wrongful the constraints edificatory taxes today 'society and appealed by the Law 16/1985 of 25 June on English Historical Heritage, in fulfillment of the purpose or goal set in Article 1, Article 44.1 qualifies as capital public domain as artefacts and materials that have values \u200b\u200bthat are typical of English Historical Heritage and are discovered as a result of excavation, removal of land and works in any form or by chance.

Therefore, as the Roman wall of Zaragoza a public good, it is inconceivable that the constraints imposed edificatory involve any expropriations, as error is supported by society here appeal and the trial court.

What is actually observed in the case on trial is a legal limitation on the right appeal edificatorio that society must bear.

regional and municipal administrations involved in the sphere of competence which they are entitled in equity, are limited, subject to strict rules of application, to ensure that implementation of the proposed works do not deteriorate or disappear remains of the Roman wall of Zaragoza.

There is, therefore, unlawful injury. As recalled by the Supreme Case May 20, 1998, appeal 1339/94 - the illegality or wrongfulness "only occurs when the person concerned had not been required to bear the damage or injury and duty to bear the damage or injury to occur in cases where the law and normative group it justify such detriments arising in a way express or implied. Thus, an examination of the judgments of the Supreme Court April 7, 1919 May and December 19, 1989, among others, suggests that the essential criterion for determine the illegality of damage or injury to a particular application of a legal rule or policy should be whether or not concur legal duty to support the damage, since the restrictions or limitations imposed by a rule, precisely because of the general character of it, must be supported in principle by each of the individual members of the group affected, the public interest. "

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COMPENSATION LIABILITY OF DIRECTORS FOR THE HEALTH OF A CHILD WITH BIRTH DEFECTS NOT DETECTED IN THE ULTRASOUND

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The ruling of the Chamber for Contentious Administrative Tribunal Supemo of May 25, 2010 estimated the liability of the health authorities, by birth a girl with severe malformations not detected in basic ultrasound performed.

A) TS This ruling confirms the existence of liability of the health authorities as a result of medical care provided to the applicant during pregnancy, having had a child with a disability of 78%.

are findings of fact that all scans were made to the entry-level applicant did not allow assessing the presenting fetal malformations, as were inidóneas to make a proper prenatal diagnosis and that ultrasonography top level would have the opportunity to diagnose the malformation suffering the fetus, thus depriving parents of the option of having performed the abortion.

Declares TS can not exculpate the government because in the hospital in which the applicant was treated there were no means to practice the required proof, since the obligation of government is to serve citizens the means to get the result required by the state of science.

As regards compensation of 500,000 euros imposed on the government, derives not only from parents of child had no knowledge of fetal malformations, resulting in a compensable moral injury, but also the existence of a causal link between the failure of prenatal screening for birth defects and damage, both morally and economically, since deal a daughter with such deformities and disability that they behave, for any activity for life, produces extraordinary expenses of any kind for parents to neglect other purposes require unavoidable or very relevant by the diversion of child care resource principle not intended for such purposes.

B) For the TS in cases like we are dealing with the damage would be compensable injury established by the applicant's right to decide on the voluntary interruption of pregnancy, ie, their freedom of self-determination, which upone moral damage.

Where are tried before a congenital malformation and the result would be uncertain, but it would always proceed to the voluntary interruption of pregnancy, ie one knew what would be the result if it had acted diligence by the Administration and would have made a level IV ultrasound prenatal diagnosis, the result was not unexpected because we were facing a disease in which evolution is not known it, if not to the right of parents to decide what is best for the unborn child and for themselves.

In this case, what occurred was an incorrect delivery of care to prevent a decision to parents and thus resulted in the birth of a child with serious physical and mental health and life-long consequences for the whole family beyond what is reasonable. The diagnostic ultrasound once the level IV as recorded in the file is about 70 to 85%, ie very high (not as the expert says the administration is constantly contradicts no credibility whatsoever for his bias). Only could have talked about lack of opportunity when you really have done that level IV and ultrasound could not detect the defects on the grounds that it may, but not when not even doing the same.

Add the TS that even malformations detected after 22 weeks because there was no evidence of this despite all evidence of fetal retardation as reflected in the expert report provided by this part. If he had done the ultrasound level IV or other evidence even if at a later time and detected anomalies in this case if you could have talked about lack of opportunity because my client had been forced to weigh what he did if you decided to have the girl or go abroad to another country more permissive to terminate the pregnancy, with the possibility of the Administration claim damages for his wrong act timely.

C) are therefore two questions to resolve: The first is on whether the circumstances of the case were made by the health authorities the means for the best care to pregnant women and the care that should be required to follow the same pregnancy to prevent any eventuality during the same may arise. Even when such care should always be identical in all cases and comply with established protocols, and therefore, this case was no exception worthy of attention other than or greater, it is also true that in this case there was an element to be more alert in any case the physician in relation to the circumstances of pregnancy and pregnancy as were the age of the pregnant and it was her first pregnancy.

Administration claims that up to four scans were performed without any anomaly is detected and offering the CRI fetal growth in a range of almost normal, but it is an incontrovertible fact that these scans were in all cases of level I , while, at least that was made and carried out between weeks 18-22 had to be level IV, because in that moment of pregnancy or pregnancy is possible using this means of diagnosis, to know with a probability level that achieves a high percentage if there are abnormalities in the fetus.

fact that no diagnostic test was performed at that level and if, as stated in the expert evidence to the lawsuit, denied the assertion, otherwise, it was the only one able to predict or detect possible fetal abnormalities, it is clear that should have been done in any case, not enough to exonerate the Administration to say that in the hospital there were no means to do so, because the Administration is required to serve citizens the means to get the result required by the state of science at the time, and also because even accepting that fact, it should refer the mother to the place where the health service was able to practice that essential to test the guarantees required. And neither is acceptable as a defense of the Administration that such evidence is not one hundred percent reliable because if it offers a greater chance that the test performed, and given the order that it seeks to obtain, must do it and not settle with the level I clearly insufficient to achieve that goal.

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The two ulterior motives for co-defendant intended that the only compensation must recognize that the appellants was arising from the fact that the parents of the child were not aware of the anomalies that showed the fetus and, therefore, deprived of the opportunity if they have known to proceed voluntary interruption of pregnancy have an moral damages compensable.

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is true that the failure to provide the proof referred to the possible detection of fetal malformations as we have deprived the parents of the opportunity to consider the abortion or continue the same, and the deprivation that was easily avoidable required a specific test for it, caused them moral damage compensation, but the fact remains that even if this is so, precisely the failure to provide the required proof implies the existence of causal link between the failure of prenatal screening for birth defects and damage, both moral as experienced by the plaintiffs economic, since her daughter deal with such deformities and disability that they behave, for any activity for life, obviously, produces extraordinary expenses of any kind to his parents that force neglecting other purposes unavoidable or very relevant by the diversion of child care resources in principle not intended for such purposes. In other words, the costs of raising children does not constitute an injury under normal circumstances, but when the circumstances are separated from normal implying a much higher financial burden to the ordinary, TS understands that there may be damage and compensation proceed.

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Heavy Goods Vehicle * Venezuela - Let the Macks and do Faga Transport Internationales

Zulia, Maracaibo, VEN - BigLorryBlog (UK of GB), by Erwin Uebel -29 October 2010: - Erwin and his team have been moving something interesting with their Macks and tractors International , for heavy transport and Faga Transport Bovinelli CA ...

Erwin tells me "Recently We transported four Wartsila engines in combined transport (road and boat). Weight: 220 tons each and 6.20 meters high without the trailer "

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Bovinelli MANUFACTURERS AND TYRES * Italy - Pirelli builds new base in Mexico

Milan, Italy Financial Times, by Jude Webber (Buenos Aires, ARG) -24 October 2010: - Italian tire maker Pirelli is expected to announce a movement of millions of dollars into Mexico to establish a base of production for the North American market ... "The plan is not yet finalized, but our image makes sense to produce in Brazil Argentina and regional market for Latin American and to supply U.S. (NA) it is best do from a country party the Free Trade " , said Marco Tronchetti Provera , president and CEO of Pirelli , the Financial Times ...

* Latin America - High competitiveness in

Milan, Italy - Automotive Insight (UK) -26 October 2010: Pirelli ... of Italy invest U.S. $ 100mn to expand by 20% production at its plant in Merlo, Province of Buenos Aires ... Pirelli is seeking to expand its production in Argentina , which allow the company to export almost half of it from Argentina to Brazil , Europe and the U.S. (NA) . .. New investments will undoubtedly strengthen the position of Pirelli in the region. However, it may not be long before other tire manufacturers begin to catch up. Continental Germany has opened three plants in Brazil and Mexico and a sales office in Argentina ... Last year North Continental, American Tires increased its stake in the company Ecuadorian Rubber Company (ERCO) a majority share, unspecified, in order to strengthen its position in key markets ERCO as Chile, Peru, Bolivia, Colombia, Venezuela and Ecuador. The German company has also indicated plans to nearly double its capacity in Brazil with an investment of EUR 500mn (U.S. $ 701.8mn) ... Although competition is likely to be hot in the market for tires Latin America, we remain steadfast in our overall view that there is still significant scope for foreign suppliers the region ... ( Photo: "Burn your tires, not his soul ...")