License and compensation

If you do not know that you do not have it going as usual - the "sure thing". But if you already know that you have not, it seems every car next to an unmarked police car. That's right - the right to drive.

Have you ever drive a car without a license? Ever wonder if what the consequences, not only from the police, but also the insurer, waiting for the people who are driving without such a document?

There are at least two possibilities related to driving a car without a license:
Forgot / been to bring, but once you have passed / been exam and really have them (in the sense of "somewhere").
Let drive your car to someone who does not have a driver's license.

As for the lack of a license and compensation:
Physical absence of the license at the time of injury, this may not be a sufficient reason to refuse the payment of compensation by the insurance company. For example, if you left / been driving home, or worse, missing you, but you have submitted / reported to the police and also at this time, you caused / been an accident, the insurance company can not refuse to pay compensation.
Lack of adequate power to drive - here the situation is completely different.

Imagine a situation in which the lead briefly give car to his son and it causes an accident. The situation is different, depending on the type of insurance, from which wound would be a pity.

What should be the bailiff?

The bailiff must be a mentally-resistant, strong, self-confident and resolute, yet fair and equitable. Can often meet with reluctance environment or aggressive debtors, sometimes to the extent that the enforcement of the debt must cooperate with the police. bailiff advice is important and necessary.

To be bailiff must complete higher education legal or administrative proceedings, held applications bailiff, ending a professional examination, and after the completion of at least two years working as an assessor.
After the employment concerned, in the office of bailiff shall be entered by the Chamber of Bailiffs on the list of trainee bailiff. The training takes the form of theoretical and practical and is designed to prepare the trainee for independent work as a bailiff and to prepare to council tax bailiffs.
After the training, trainees take an exam bailiff. It consists of a written part, which lasts six hours and is to develop topics related to enforcement actions, and the oral part, which examines the knowledge of law, the Common Courts, regulatory enforcement proceedings and the enforcement actions debt collectors. 

Those who pass the exam with a positive result are not yet full bailiffs. First, they must have served at least two years as an assessor bailiff. Only then can apply for employment in the position bailiff.

Damnum emergens and Damage sustained

Damnum emergens (Latin) is a real shame what has been done to the operator right through the event, which is related to one's responsibility.
For example, the illegal destruction of someone's car.

Damage sustained (Latin) - benefits they expect legal entity, but which has not reached due to the fact that someone has not performed its obligations and thereby preventing damage caused him to achieve these benefits.
For example, if a person engaged in road transport has a contract for two months in advance and X set fire to a car used for the carriage of goods, the victim will be able to claim damages from the offender not only to compensate for actual loss (damnum emergens), the repair or purchase of a new vehicle, but also the return lost profits, or profits of transport that have reached, if the car was in working order.

According to the formula in quod interest - setting the compensation judge took into account: damnum emergens - the actual loss suffered by the human asset and damage sustained - sustained profits.

Damage - what do you know about this?

Too bad - the concept of damages (in civil law) is not statutorily defined. Damage is considered to be a basic premise liability. Therefore, using the ideas of science civil law can be stated that the term refers to any detriments in the estate or interests protected by law, which the victim suffered against their will. This stipulation was added to distinguish between damage from special damages which have been caused by a decision of the entity concerned. In this case, for example, the damage will not be giving up things or consumption by the holder.
The types of damage:
The personal goods, non-pecuniary damage, as determined by the part of the representatives of the civil law doctrine as wrong. Such a distinction is to expose the fact that this form of non-pecuniary damage affecting property;
The property, economic loss:
actual loss (damnum emergens)
lost benefits (damage sustained).
The same event can trigger both these effects.
In the case of material injury victim may seek compensation, and in the case of non-pecuniary damage (harm), he may have redress.

Indemnity insurance with Insurance agent

Indemnity insurance - it's in the insurance business (by way of guarantee and PAYG) compensation, the obligation lies with the insurer. Based compensation is an insurance contract as defined in Art. 805 of the Civil Code entered into voluntarily or execution of a statutory audit.

Compensation insurance for liability principal, outside of material injury (damnum emergens) includes loss of profits (damage sustained), and damage to the person can also include compensation for the damage suffered.

Assistance in obtaining insurance compensation provides the Insurance Ombudsman, under the Act of 22 May 2003 on the supervision of insurance and pensions and the Insurance Ombudsman. Help can also be found in commercial insurance consultancy offices.

Insurance agent - an entrepreneur agency established under an agency contract concluded with the insurance company and entered into the register of insurance agents. Agency activity consists of organizing and supervising the activities of agency. Getting an insurance agent involve, among others. on acquiring customers, entering the name and on behalf of the insurer business insurance contracts, participating in the administration and performance of insurance contracts. All activities performed on behalf and on behalf of an insurance company. In the case of business for more than one insurance company, the agent is obliged to conclude a liability insurance for your business.

The amount of compensation and its design

Compensation shall not be greater than the damage caused, its role is only the alignment. In some cases, compensation may be lower than the actual losses incurred by the victim. For example, the compensation may be reduced when:
results from the act or contract,
if the victim contributed to the creation or increase of the damage.
because of the financial status of the victim or the person responsible for the damage limitation damages resulting from the principles of social coexistence.

Compensation may also have the form of a pension to the victim who has lost the opportunity of earning, or for those who suffer the death of the host. In the cases referred to in the Act, relating to cause injury to a person or breach of any other form of personal victim may receive cash compensation in addition to compensation for the damage suffered.

As for liability arising from the improper performance of the contract (ex Contractu responsibility) is in accordance with Art. 361 of the Civil Code shall be liable for damages only for the normal consequences of an act or omission of the damage resulted (will not be held liable for example, in the case of force majeure).

A few words about damages

Damages - the provision to be a victim for the injury to the body of civil law (eg, individual, legal person of the Treasury) that the damage was done, or bears responsibility for it.
The types of claims:
Compensation can rely on (the choice of form is a victim):
restored to the condition existing prior to cause injury if it is at all possible (so-called natural restitution)
payment of a sum of money (monetary compensation).

The compensation may cover:
actually caused the damage or loss sustained by the victim (called damnum emergens)
also lost profits, which the injured party could obtain if the damage not occurred to him (the damage sustained).
Liquidated damages - damages are reserved in advance in the contract in the event of non-performance or improper performance of the obligation in kind, the payment can be paid even if no harm but was met contractual terms providing for the payment.

The amount of compensation and its design

Compensation shall not be greater than the damage caused, its role is only the alignment.