Microwaves are one of the forms of electromagnetic energy, like light waves or radio waves. These are very short electromagnetic waves that move at the speed of light (299,792 km per second). In modern technique, microwaves are used in microwave oven, for long-distance and international telephone communication, transfer of television programs, the work of the Internet on Earth and through satellites. But microwaves are most famous for us as a source of energy for cooking - microwave.
Each microwave contains magnetronwhich converts electrical energy into an over-high-frequency electrical field of 2450 megaggers (MHz) or 2.45 gigahertz (GHz), which interacts with water molecules in food.
It can be imagined as follows: the water molecule when the electric field is applied to it, always seeks to orient itself along the field, just as the compass arrow seeks to establish along the magnetic field of the Earth. However, in the field of an ultrahigh-frequency electromagnetic wave, the direction of the electric field is changing with a very high frequency (more than a billion times per second), and the molecule has to constantly rotate.
Microwaves "bombat" water molecules in food, forcing them to rotate with a frequency of millions of times per second, creating molecular friction, which heats up food. This friction causes significant damage to food molecules, breaking or deforming them, creating a structural isomerism.
Isomeria (from from ... and Greek. Méros - share, part) chemical compounds, phenomenon in existence of substances the same in composition and molecular weight but differing in structure or the location of atoms in space and as a result on physical and chemical properties. Such substances are called isomers.
Simply put, the microwave causes the decay and changes in the molecular structure of food in the process of radiation.
Who invented microwaves?
Nazis, for their military operations invented a microwave plate - "Radiomissor", for cooking, which were going to use in the war with Russia. The time spent on cooking in this case sharply decreased, which gave the opportunity to focus on other tasks.
After the war, the allies found medical researchheld by German microwaves. These documents, as well as some working models, were transferred to the United States to "Further scientific research". Russians also receive a number of such models and conducted a thorough study of their biological impact. As a result, application microwave ovens In the USSR, it was forbidden for some time. Tips have published an international warning of substances harmful to health, biological and environmental, obtained when exposed to microwaves.
Other Eastern European scientists also revealed harmful effects Microwave radiation and created tough environmental limitations on their use.
Microwave Insecure for children!
Some of the amino acids L - Proline, which are part of the Mother Milk, as well as in the milk mixtures for children, are converted to -d isomers under the influence of microwaves, which are considered to be neurotoxic (deformed nervous system) and nephrotoxic (poisonous kidney). This trouble is that many children feed on artificial milk substitutes (baby food), which become even more toxic using microwave ovens.
Scientific data and facts
In comparative study "Cooking in a microwave ovens"published in 1992 in the United States, says:
"From a medical point of view, it is believed that the introduction of microwave molecules into the human body has a much more chance to cause harm than the benefit. The food from the microwave furnace contains microwave energy in molecules that is not present in food products Cooked in traditional way. "
Artificially created in microwave oven microwave waves, based on alternating currentproduce about a billion polarity changes in each molecule per second. The deformation of molecules in this case is inevitable. It was noted that the amino acids contained in food are exposed to isomeric changes, and also transformed into toxic forms, under the influence of microwaves produced in microwave oven. The short-term study caused a significant concern about the change in the composition of the blood of people who used heated in microwave oven Milk and vegetables. Eight other volunteers, fed on the same products, but cooked traditional ways. All products that have been processed in microwave furnaces led to changes in the blood of volunteers. The hemoglobin level decreased, and the cholesterol level rose.
Swiss clinical studies
Dr. Hans Ulrich Heertel, participated in a similar study, and over the years worked in one of the major Swiss companies. A few years ago, she was fired from his office for disclosing the results of these experiments. In 1991, she and Professor of the University of Lausanne published a study indicating that food cooked in a microwave could create a threat to health compared to food prepared in traditional ways. The article is also set out in the magazine "Franz Weber" №19, in which it was said that consumption of foods cooked in microwave ovens, carries a malignant effect on blood.
Dr. Hello was the first scientist who carried out clinical study By the effects of food from a microwave oven for blood and physiology human organism. This small study revealed degenerative forces arising in microwave furnaces and food processed in them. Scientific conclusions showed that preparation of food in a microwave, changes the nutrient composition of substances in food. This study was conducted with Dr. Bernard H. Blanom from the Swiss Federal Institute of Technology and the Institute of Biochemistry.
In the intervals from two to five days, volunteers received one of the following food options for an empty stomach: (1) raw milk; (2) The same milk, heated in the traditional way; (3) pasteurized milk; (4) The same milk heated in the microwave furnace; (5) Fresh vegetables; (6) The same vegetables prepared traditionally; (7) frozen vegetables, grown in the traditional way; and (8) the same vegetables cooked in a microwave oven.
Blood samples were made from volunteers, immediately before each meal. Then blood test was performed at certain intervals after receiving milk and vegetable products.
Significant changes were discovered in blood in the intervals of food intake, subjected to a microwave oven. These changes included a reduction in hemoglobin and a change in cholesterol composition, especially the ratio of HDL (good cholesterol) and LDL (poor cholesterol). The number of lymphocytes (white blood cells) increased. All these indicators indicate degeneration.
Radiation leads to the destruction and deformation of food molecules. Microwave Creates new connectionsnot existing in nature, called radiolitical. Radiolitic compounds create molecular rot - as a direct consequence of radiation.
Manufacturers of microwaves claim that food from the microwave does not have a big difference in the composition, compared with food treated with traditional methods. Scientific clinical data are presented here, indicate that it is just a lie.
No one state University In the United States did not spend a single study on the effects of expedited food in the microwave oven to the human body. Is this a little strange? But there is a lot of research, about what happens if the door microwave, not closed. Again common sense tells us that their attention should be paid to what is happening with food prepared in the microwave oven. It remains only to guess as a molecular rot from microwave will affect your health in the future!
Carcinogens from microwave.
In the article "Earthletter" magazine in March and September 1991, Dr. Lita Lee, leads some facts about the operation of microwave ovens. In particular, she stated that all microwave ovens have electromagnetic radiation leaks.And also worsen food quality, transforming its substances, to toxic and carcinogenic compounds. Summary of research, briefly set out in this article, show that microwaves, bring much more harm than previously presented.
Below is a summary of Russian research published by Atlantis Raising Educational Center in Portland, Oregon. They say that carcinogens were formed in almost all food products subjected to microwave irradiation. Here is a summary of some of these results:
Russian scientists also found a decrease in food nutrition when exposed to microwaves from 60 to 90%!
Consequences of the effects of carcinogen
Creating cancer in protein connections - HydrolySate. In milk and grain these are natural proteins that are under the influence microwave Broken and mixed with water molecules, creating carcinogenic formations.
Directly looking at the microwave furnace.
It causes, according to Russian scientists the following problems:In the USSR, the use of microwave ovens was prohibited in 1976.
Prepared on materials of the Announcement of Anthony Wain and Lawrence Newvell,
Christian Institute of Law, USA.
Current page: 17 (In total, the book is 29 pages) [Available excerpt for reading: 20 pages]
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2. What insurance contracts are useful to enter into our time and why?
§ 44. Mandatory right. Civic procedural law
Let's start with examples. They will help better understand sophisticated questions obligatory law.
1. Petya agreed with Sergey that he would take it to storage his motorcycle, while Peter was departing. For this Petya allowed the selege to use the motorcycle free. So, Seryozha took an obligation to maintain a motorcycle before the arrival of Petit and in a good form to return it to the owner. In turn, Petya took over the obligation not to prevent the selege to use the motorcycle in the agreed period (a kind of storage service).
2. Strong shower. You certainly need half an hour to get to a very important meeting. To the metro far. As it often happens, buses, as if frightened by rain, do not go. What to do? Expensive, but you need to catch the car. With a taxi for a long time problem. It remains hope for a private owner. Here is one - a kind soul! - slowed down. Small bargaining. The driver calls the amount. You, bonding the heart, agree, sit down and are going, in the mind there is feverishly pretending whether there is enough money for this trip ... The driver, putting you, takes the obligation to take you to the designated place. You, according to the oral contract, take the obligation to pay this service.
3. The mine has concluded an agreement with a thermal power station (TPP), which provides the city with electricity, to supply coal to it. But the TPP could not pay coal supplied by it, and the mine stopped shipping it. The TPP did not pay the ordered coal, because for several months she did not pay those who use the electricity supplied by it. Chain of unfulfilled contracts. Everything suffers from this.
On contracts (transactions) hold property relations. Do not execute or poorly executed contractual obligations - all the household of the country is located. There is a contractual discipline - gives malfunction and discipline labor. Much in the state becomes unreliable, shaky. That is why the old saying is absolutely true.
In the old days, business people strictly followed the obligations under contracts. For real merchants, historians say, it was enough to pay a verbal obligation to pay, deliver the goods, pass something for rent - and they could not worry, whether the contract would be fulfilled. It was worth some of them at least once to retreat from their words, break this obligation - And his business career ceased, he turned out to be out of the rows of business people.
In the Civil Code of the Russian Federation (Section III and IV) contains the norms of obligatory (from the concept of "obligation") of law.
Commitable law - This is a combination of civil law regulations.
What is obligations? Obligation called civil legal relationship, by virtue of which one person (debtor) is obliged to make a certain effect in favor of another person (creditor), such as: transferred property, to work, pay money, etc., or refrain from specified actionAnd the lender has the right to demand the fulfillment of his duty from the debtor.
When it comes to civil law (property) relations within the framework of compulsory law, the terms "Transaction" and "Treaty" often consume. To sort out these concepts, compare their definitions, data in the Civil Code of the Russian Federation. Deals recognize the actions of citizens and legal entitiesaimed at establishing, changing or termination of civil rights and responsibilities (Art. 153). Treaty - this is an agreement of two or several persons on establishing, changing or termination of civil rights and obligations ( art. 420).
In civil law, these two concepts are interchangeable. It is only important to understand that the contract is always a deal, but not every transaction is a contract. One person can not be a member of the contract, and the transactions can. For example, will. From the point of view of civil law, this is a deal, it comes into force after the death of the testator. But the will is not a contract, because it is one person, the one who writes the testament.
But another type of deal - donation. Denation and testament seem very similar legal relations. However, we will not hurry. Unlike the will, in which one party participates, the donation agreement implies two sides - a donor and belonging. In addition, the obligations of the parties are recorded in the donation contract (or absence). For example, the donor undertakes to transfer the thing to be gone freely, that is, frees the latter from any obligations.
Contract contains certain conditionswhich expressed the will of the parties, their rights and obligations. The contract makes property relationships clear and defined. The conclusion of the agreement implies the exact fulfillment of obligations from it to the arising. Participants in the contract are called the parties to the contract. It uses accurate legal term, debtors and lenders.
Entering the contractual relations, the relevant parties of the Treaty are often both debtors and creditors. "If each part of the contract is responsible for the other party, it is considered to be the debtor of the other party in what is obliged to do in its favor, and at the same time its lender is that it has the right to demand" ( art. 308, h. 2).
Take the passenger transportation contract described above on a private machine. The driver slowed down, you opened the door, and took place oral contract. As a result, you turned out to be a creditor (for the driver pledged you to bend to the place) and at the same time the debtor (for you pledged to pay the driver of the carriage service). In turn, the driver, as soon as you agreed, became a debtor (for I pledged to transport you to the outlined point) and the lender (since you must pay money for your transportation under the contract).
Types of contracts. Only 30 chapters and over 30 paragraphs are devoted to the brief fixation of contracts in the Civil Code of the Russian Federation. The largest and common and common agreements: purchase and sale, exchanges, donations, rent, rent, hiring residential premises, Contract, transportation, loan and loan, bank deposit, storage, etc.
In connection with the recognition of equality of ownership of ownership in the Civil Code of the Russian Federation, agreements were included in the former GK, such as the rental of enterprises, financial lease, a commercial concession, a simple partnership, a public competition, playing games and bets, etc.
Contractual relations do not always flow smoothly. Sometimes civil disputes arise about these relationships, they are also called economic. These are disagreements between the participants of the economic relations. Allocate the following disputes: a) due to the conclusion, termination and change in civil contracts; b) with the direct execution of contracts and other obligations and on other grounds. If the participants in these disputes have not settled them through the presentation and consideration of claims, then the interested party has the right to seek protection with a lawsuit in a regular or arbitration court (or another body that this dispute). The procedure for consideration of civil cases in court is regulated by civil procedural code The Russian Federation, which is the main source of civil procedural law.
Civil procedural law - a branch of law that regulates the procedure for the proceedings and permission to the court of civil cases, as well as the procedure for the execution of court decisions and some other bodies. The rules of this industry are regulated by the activities of the Court, the judicial executive and all participants in the process. Civil procedural legislation is managed Russian Federation.
All judicial procedure can be divided into several stages.
1. Preparation of claims and other documents. Statement of claim - The main document reflecting the essence of the armed dispute. It is compiled according to a certain form, so it is best to contact professional lawyer (for example, a lawyer) with a request to make this statement. It is attached to other documents confirming the validity of the claims.
Civil plaintiff A citizen or organization suffered material damage From the crime and presented the requirement for his reimbursement in the manner prescribed by law. To become a member of the criminal proceedings, a person who caused material damage to a crime should be recognized as a civil plaintiff by the definition of a court or a decree of the judge, an investigator or a person who produces inquiry.
Civil law is subject to consideration also in a criminal case, but only if harm: a) caused by a crime; b) is the immediate result of the crime; c) is material (property) in its nature. The investigator or a person who produces inquiry, the court, if the crime is caused by the material damage to a citizen or organization, is obliged to clarify them or their representatives right to present a civil suit, which is drawn up by the protocol or written notice. The law requires that the resolution (definition) for recognition civil law It was reported to the civil plaintiff or his representative, and the decision to refuse this was declared the applicant for receipt. Failure to recognize a civil law can be appealed.
2. Submission of the claim. The claim is submitted to the court at the location of the defendant. The statement of claim is paid by the duty, but on claims in connection with violation of the law of the Russian Federation "On the protection of consumer protection" duty is not charged. The statement of claim can be sent by mail (by registered letter with a notice of delivery) or transfer the judge on a personal reception.
3. Preparation for the court session. The term of pre-trial training is 7 days, in some cases it is extended to 21 days. During this period, the judge causes parties to conversation. Claims are specified, issues of additional evidence, calling witnesses, etc.
4. Court hearing. It is necessary to be in the court with a passport. Parties clarify their rights. They have the right to declare petitions, taps, get acquainted with the materials of the case and make extracts from them, to submit evidence to participate in their study, ask each other questions, express their considerations. They have the right to appeal the decision and the definition of the Court. At the end of the hearing, the judge makes a decision. It can be appealed within 10 days in a higher court.
5. Execution of the court decision. After the entry of the court decision legal force It is necessary in the office of the court to receive a document called " Performance list" You need to check the correctness of its fill: amounts, address and other details. After that, you should contact that court (at the place of residence or location of the defendant's property), in which the decision will be executed. Further entering judicial performer – executivecarrying out compulsory execution of decisions, definitions and decisions of criminal cases in terms of property recovers, global agreements approved by the court, the executive inscriptions of notarial bodies, decisions arbitration courts, provided by law Cases, solutions of arbitration courts, labor dispute commissions, etc.
The deadline for execution of the court decision is established within 5 days. Upon expiration of the voluntary execution of the decision begins forced execution of the decision.
Questions for self-control
1. How do you understand the saying "Personal Money"?
2. What are the consequences of non-compliance with contracts?
3. What is the obligatory right?
4. What is an obligation?
5. What is a contract and transaction? What are their similarities and differences?
6. What are the faces of the contract?
7. What types of contracts are subject to obligatory right?
8. What are civilian disputes?
9. What regulates civil procedural law?
10. How to implement judicial procedure on civil disputes?
The second part of the Civil Code of the Russian Federation regulates a variety of treaties and liabilities - buy-sell, rent, in a row, loan and credit, storage, insurance, trust management property obligations due to harm and others, including specific species such as financial leases, agency contract, commercial concession and much more related to today's practice of commercial activities ... The adoption of the second part of the Code must first of all eliminate the contradictions that existed until recently economic situation and outdated regulation rules.
During the heyday of the Roman law, an extremely rich development was obtained. Much of what was installed then is used to this day in countries with European culture. So, the contracts during this period were divided into four types:
Verbal (prisoners with a certain verbal formula) - for example, the establishment of the dowry;
Literal (prisoners in writing) - for example, entries in the books of householders;
Real (subsequently one side passed another thing) - loan, loan, foofing (gratuitous return of storage storage), mortgage agreement;
Consensuals (i.e. agreements) - purchase and sale, employment contract, partnership agreement (connection of property and forces), an agreement of the instruction.
In addition to these treaties, there were still so-called unnamed contracts.
Remember several rules that need to follow when concluding the contract.
1. In the most detail (and preferably writing), specify your requirements for the contract. Compare them with those that the company offers.
2. Never sign an agreement at the first acquaintance with the firm. Take an instance of the contract with you, carefully read it at home. Stress all the places that you are incomprehensible. If your friends can not explain to you obscure moments, please contact a lawyer.
3. After making sure that all the provisions of the contract are clear to you, think if the conditions that you consider important for the concluding contract are reflected in it.
4. Look at how true the responsibility of the parties are distributed in the contract. Do not sign the contract if the consumer's responsibility is recorded in detail and there is no responsibility of the firm.
5. If any important conditions for you are missing in the contract, offer to include them in the text of the contract.
6. Feel free to demand clarification in all unclear issues. Agreement - an agreement of equal parties, each of which has the right to propose its conditions.
7. Do not forget that you need a firm more than she for you. Firms a lot, and the number of customers is limited. Therefore, feel the master
1. Negotiable discipline and democracy.
2. Strengthening the contractual discipline: where to start?
§ 45. Protection of material and intangible rights. Causing and compensation for harm
TO intangible benefits civil law relates life and health, the dignity of personality, personal integrity, honor and good name, business reputation, inviolability of privacy, personal and family secrets, the right of free movement, the choice of the place of stay and residence, the right to the name, the right of authorship, other personal non-property rights and other intangible rights belonging to a citizen from birth or by force of law and not alienated and not transmitted in other ways.
How is the protection of material and intangible rights? According to the Civil Code of the Russian Federation protection of material and intangible rights carried out by:
Recognition of law;
Restoration of the situation that existed before violation of the law and the preventing of actions that violate the right or creating a threat to its violation;
Recognition of an arbitrary transaction for invalid and applying the consequences of its invalidity, the use of the consequences of the invalidity of an insignificant transaction;
Recognition invalid Act state Body or organ local governments;
Self-defense rights;
Awarding to the performance of the duty in nature;
Compensation for damages;
Penalty charges;
Compensation moral harm;
Termination or change of legal relationship;
Non-separation by the court of an act of the state body or local government contrary to the law;
In other ways to law.
In addition to the obligations arising in the case of concluding contracts (§ 40), there are so-called out-of-contractual obligations. The basis of their occurrence is, in particular, causing harm and unjust enrichment.
Hurt - it means that the property damage can be expressed in monetary form. For example, in the case of a car collision, the guilty of the accident should pay the repair not only its car, but also a damaged car.
Between the person who caused harm and those whom the harm is caused, the obligatory legal relationship is established. Its content lies in the fact that the injury (one who caused harm) is obliged to refund the losses caused to them. The decisive condition of responsibility in this legal relationship is the fault of the injury, although it is only assumed by the court. If the bait proves that he accepted all the measures dependent on him in order to prevent harm, it will be recognized as innocent and will not suffer property responsibility. The victim needs to prove the fact of property harm caused by the actions of the defendant (causer).
Civil Code RF enshrines principle full refundIn accordance with which the harm must be reimbursed in full. At the same time, the court prefers the compensation for damage in nature (to submit a similar serviceable thing, repair the spoiled property, etc.). But he can make a decision and on full monetary damages.
Due to the obligation arising from unjust enrichment A person who without establishing (legislation or transaction) of grounds has acquired property at the expense of another, is obliged to return the latter unjust received. At the same time, the actions of the acquirer should not be guilt. Example: Unreasonable receipt by mail as a result of an error in the address.
Questions for self-control
1. What civil law refers to intangible benefits?
2. What ways are the protection of material and intangible rights?
3. What are the founding of the emergence of non-implementing obligations?
4. What does it mean to harm?
5. What is the decisive condition for liability for causing harm?
Lawyers are talking about moral dangers that these are physical and moral suffering of a citizen. A man in a trolleybus, in the store, in the repair shop, understands moral harm as a disadvantaged to him who is intended to meet his daily needs, facilitate his life, moreover, those who do this for money. Therefore, a person considers himself entitled to demand from the offender who has not fulfilled his duties, compensate for this offense.
The main importance compensation for moral damage is that the court, assigning the amount of compensation, recognizes priority human dignity And forces the offender to pay for the suffering incurred by the consumer, compensate them. Over the years of the application of the law "On the protection of consumer rights", compensation for moral damage increased all the time. Thus, the first thing that was won in Russia in January 1992, on the replacement of a poor-based microwave furnace brought compensation in the amount of 50% of the cost of this furnace to the victorious consumer. Then, as a rule, it began to award compensation in the amount of 100%. Then Supreme Court The Russian Federation indicated the judges to the fact that, generally speaking, there is no connection between the cost of things and the size of compensation for moral damage. Right now in court decisions began to meet very high amounts of compensation (Home legal encyclopedia).
Learning to defend your rights. Information for reflection and action
How does the law protect the honor, dignity and business reputation of citizens?
A citizen has the right to demand a refutation of his honor, dignity or a business reputation of information, if the information that disseminated such information does not prove that they correspond to reality. A citizen in respect of whom the information disseminated to his honor, dignity or business reputation is entitled along with the refutation of such information to demand compensation for damages and moral damage caused by their distribution.
Compensation of moral damage is carried out in cash. The amount of compensation determines the court based on intelligence and justice. The plaintiff should not be revealed, but it is unreasonable and too modestly evaluating the moral flour caused by the defendant.
Civil Code of the Russian Federation provides for a special case Responsibility for harm caused to a citizen as a result of illegal conviction, illegal conclusions in custody or take a subscription on the unsewable, illegal imposition administrative recovery in the form of arrest or correctional work. This harm is reimbursed at the expense of the treasury of the Russian Federation.
Harm can be caused as a result of others illegal actions inquiry authorities preliminary investigation, Prosecutors and Courts. Such a damage is to be reimbursed on the general basis (if the defendant's guilt is recognized, it is obliged to personally compensate for the damage caused).
Topics for abstracts and discussion
1. Is it possible to beat video meters?
2. Law intellectual property.
Hurt harm - do harm
Russian-English Dictionary of Biological Terms. - Novosibirsk: Institute of Clinical Immunology. IN AND. Selenians. 1993-1999.
Watch what is "to harm" in other dictionaries:
Cm … Synonym dictionary
Ad., Number of synonyms: 2 Insecure (11) Dangerous (81) Dictionary of Synonyms ASIS. V.N. Trishin. 2013 ... Synonym dictionary
To bring under the monastery, damage to do evil, damage, cause harm, cause damage, harm, harm dictionary of Russian synonyms ... Synonym dictionary
Damage, loss, damage, deterioration, complication, inappropriate, undermining, loss, loss, damage, flaw, loss, accident, crash. Poss, suffer damage: I have been chasing on this product. Risk in half (baryrs and losses). Step back. Prot. .. cf. . See loss ... ... Synonym dictionary
harm - but/; m. See the DJ. To harm damage, damage. Cause harm to your health. From this medication, neither harm or benefit ... Dictionary of many expressions
cause - harm to cause action cause pain action, causation cause harm to cause major damage to existence / creation to cause significant harm to cause damages existence / creation, start causing damage ... Verbal combination of unforeseen names
Deliver, cause, to go behind, render, enclosure, to catch, make, do, stick, apply, to make, bring, submit a reason, generate, serve, produce, bring to, to expose what, to have a consequence. Enter ... ... Synonym dictionary
BUT; m. damage, damage. Cause His health. From this medication, neither harm or benefit. * I'm afraid, cruising water did not make me harm (Pushkin). ◁ To the detriment of what, in zn. Preposition. Damage, harm. To act in yourself. It won't go ... ... encyclopedic Dictionary
Verb., NSV., UPOTR. compared. Often morphology: I hurt, you do, he / she / it causes, we causing, you cause, they cause, causing, causing, caused, caused, caused, caused, causing, causing, ... ... Dictionary Dmitrieva
full - harm … District Archaisov of the Russian Language
To cause (apply) harm, to act in harm, to the detriment of anyone, to break whose interests, shift, puffly, substitute the leg, to dig, spoil, (on) saline. What I see, Kum, you all in the village of the village. Wing. It served him to harm. He is ... ... Synonym dictionary
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- For benefits and harm. The book is a vaccination from all viruses in our consciousness, Vadim Slachter. What brings benefits in some conditions can harm other. And what seems useful, sometimes can cause irreparable harm. "I want to give my readers to distinguish between benefits and ...
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§ 45 *. Protection of material and intangible rights. Causing and compensation for harm
TO intangible benefits Civil law relates life and health, dignity, personal integrity, honor and kind name, business reputation, inviolability of privacy, personal and family secret, the right of free movement, choosing a place of stay and residence, right to the name, authority, other personal non-property rights Rights and other intangible rights belonging to a citizen from birth or by force of law and not alienated and non-transmitted in other ways.
How is the protection of material and intangible rights? According to the Civil Code of the Russian Federation protection of material and intangible rights carried out by:
Recognition of law;
Restoration of the situation that existed before violation of the law and the preventing of actions that violate the right or creating a threat to its violation;
Recognition of an arbitrary transaction for invalid and applying the consequences of its invalidity, the use of the consequences of the invalidity of an insignificant transaction;
Recognition of invalid acts of the state body or local government;
Self-defense rights;
Awarding to the performance of the duty in nature;
Compensation for damages;
Penalty charges;
Moral damage compensation;
Termination or change of legal relationship;
Non-separation by the court of an act of the state body or local government contrary to the law;
In other ways to law.
In addition to the obligations arising in the case of concluding contracts (§ 40), there are so-called out-of-contractual obligations. The basis of their occurrence is, in particular, causing harm and unjust enrichment.
Hurt - It means that the property damage can be expressed in monetary form. For example, in the case of a car collision, the guilty of the accident should pay the repair not only its car, but also a damaged car.
Between the person who caused harm and those whom the harm is caused, the obligatory legal relationship is established. Its content lies in the fact that the injury (one who caused harm) is obliged to refund the losses caused to them. The decisive condition of responsibility in this legal relationship is the fault of the injury, although it is only assumed by the court. If the bait proves that he accepted all the measures dependent on him in order to prevent harm, it will be recognized as innocent and will not suffer property responsibility. The victim needs to prove the fact of property harm caused by the actions of the defendant (causer).
The Civil Code of the Russian Federation establishes the principle of full reimbursement, in accordance with which the harm must be reimbursed in full. At the same time, the court prefers the compensation for damage in nature (to submit a similar serviceable thing, repair the spoiled property, etc.). But he can make a decision and on full monetary damages.
Due to the obligation arising from unjust enrichment A person who without establishing (legislation or transaction) of grounds has acquired property at the expense of another, is obliged to return the latter unjust received. At the same time, the actions of the acquirer should not be guilt. Example: Unreasonable receipt by mail as a result of an error in the address.
Questions for self-control
1. What civil law refers to intangible benefits?
2. What ways are the protection of material and intangible rights?
3. What are the founding of the emergence of non-implementing obligations?
4. What does it mean to harm?
5. What is the decisive condition for liability for causing harm?
It is interesting
Lawyers are talking about moral dangers that these are physical and moral suffering of a citizen. A man in a trolleybus, in the store, in the repair shop, understands moral harm as a disadvantaged to him who is intended to meet his daily needs, facilitate his life, moreover, those who do this for money. Therefore, a person considers himself entitled to demand from the offender who has not fulfilled his duties, compensate for this offense.
The main value of compensation of non-pecuniary damage is that the court, assigning the amount of compensation, recognizes the priority of human dignity and makes the offender to pay for the suffering consumer, compensate them. Over the years of the application of the law "On the protection of consumer rights", compensation for moral damage increased all the time. Thus, the first thing that was won in Russia in January 1992, on the replacement of a poor-based microwave furnace brought compensation in the amount of 50% of the cost of this furnace to the victorious consumer. Then, as a rule, it began to award compensation in the amount of 100%. Then the Supreme Court of the Russian Federation pointed out to the judges on the fact that, generally speaking, there is no connection between the cost of things and the size of non-pecuniary damage. Now in court decisions began to meet very high amounts of compensation. (Home legal encyclopedia).
Learning to defend your rights. Information for reflection and action
How does the law protect the honor, dignity and business reputation of citizens?
A citizen has the right to demand a refutation of his honor, dignity or a business reputation of information, if the information that disseminated such information does not prove that they correspond to reality. A citizen in respect of whom the information disseminated to his honor, dignity or business reputation is entitled along with the refutation of such information to demand compensation for damages and moral damage caused by their distribution.
Compensation of moral damage is carried out in cash. The amount of compensation determines the court based on intelligence and justice. The plaintiff should not be revealed, but it is unreasonable and too modestly evaluating the moral flour caused by the defendant.
The Civil Code of the Russian Federation provides for a special case of liability for the harm caused to a citizen as a result of illegal conviction, illegal conclusions into custody or take a subscription on the unsewable, illegal imposing administrative recovery in the form of arrest or correctional work. This harm is reimbursed at the expense of the treasury of the Russian Federation.
Harm can be caused as a result of other illegal actions of the bodies of inquiry, preliminary investigation, prosecutor's office and court. Such a damage is to be reimbursed on the general basis (if the defendant's guilt is recognized, it is obliged to personally compensate for the damage caused).
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Civil Code of the Russian Federation (extraction)
Article 150. Intangible benefits
1. Life and health, Presentation of personality, personal integrity, honor and kind name, business reputation, privacy, personal and family mystery, the right of free movement, choosing a place of stay and residence, right to the name, authority, other personal non-property rights And other intangible benefits belonging to a citizen from birth or by force of law, inalienable and indescribable in a different way. In cases and in the manner prescribed by law, personal non-property rights and other intangible benefits belonging to the deceased can be carried out and defended by other persons, including the heirs of the copyright holder.
Article 151. Compensation of moral damage
If the citizen is caused by moral damage (physical or moral suffering) actions that violate his personal non-property rights or encroaching other intangible benefits to citizen, as well as in other cases provided for by law, the court may impose on a violator of the obligation monetary compensation Specified harm.
In determining the amount of non-pecuniary damage compensation, the Court takes into account the degree of fault of the violator and other circumstances that take attention. The court should also take into account the degree of physical and moral suffering related to individual features Person who caused harm.
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1. The right of intellectual property in Russia. Examples of life (when preparing to use additional sources of information, including Internet resources).
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