Professor Gregor said in his classic textbook "McGregor on damages": "The former (property damage) refers to all monetary and material damage, such as the loss of business interests or medical expenses, while the latter (non-property damage) includes all losses that do not occur in personal money or material property, such as physical pain or emotional injury. As a monetary loss, the former can be calculated by money, although sometimes this calculation is bound to be rough if it is difficult to prove. However, the latter cannot be measured by money. Money is not a substitute for other money, but a substitute for something more important than money: this is the best way the court can adopt. " Under the premise of not expanding the crime of bigamy, it is relatively fair and reasonable to deal with the increasingly serious problem of violating the loyalty obligation of husband and wife in the form of mental compensation.
2. Comfort the injured party. Although it is difficult to measure people's mental damage by property, property can meet people's needs to a certain extent. It is undoubtedly a denial of the behavior of the wrong party to compensate the victim for his mental damage. The double negation of morality and law is a powerful comfort to the victim's emotion and spirit, which can alleviate the victim's pain to some extent.
3. Punish offenders and prevent related illegal acts. Letting the wrong party bear the responsibility for mental damage compensation is a legal sanction and punishment for the wrong party's infringement and breach of contract. At the same time, it can also serve as a warning to other parties to the marriage, so that the actor can predict the price he will pay if he is at fault, thus reducing and avoiding the occurrence of similar infringement, and achieving the purpose of protecting legal marriage and maintaining family and social stability.
Question 2: What is the function and significance of insurance claims? (1) claim settlement enables insurance business activities to be completed, and the basic functions of insurance-risk diversification and economic compensation to be realized. By signing an insurance contract with the insurer, the insured can transfer the danger he faces and get the right to get economic compensation in case of dangerous accidents and economic losses. Insurance claim settlement is the concrete embodiment of the insurance compensation function, and it is the realization form that the insurer performs the insurance responsibility according to the contract and the insured or beneficiary enjoys the insurance rights and interests. Only by doing a good job of claim settlement can the insured's losses be properly compensated, the function of insurance can be effectively brought into play, and the smooth progress of social reproduction and the normal stability of people's lives can be guaranteed.
(2) The practice of insurance management is actually a continuous and repeated process. When examining insurance business activities from the perspective of circular movement, insurance claims settlement is the end of the last insurance business activity and the starting point of the next insurance business activity. Doing a good job of claim settlement is of great significance to * * and promoting the next round of insurance business activities. At the same time, the quality of insurance coverage has been tested through claims settlement. Whether the insurance exhibition industry is in depth, whether the underwriting procedures are complete, whether the insurance premium rate is reasonable and whether the insurance amount is appropriate are all exposed after the compensation case. In addition, through claims settlement, it is beneficial to expose the weak links of disaster prevention and loss prevention, and it is convenient for insurers to further grasp the laws of disasters and accidents, sum up and draw lessons from accidents, do a good job of prevention in advance, and further reduce the possibility of compensation afterwards. (miaobao)
Question 3: What is the function of deferred claims? Hello, the lawyer's reply to the question you described is as follows:
First of all, applying for work-related injury appraisal and confirming the level of disability are the basis for confirming compensation. Refer to Article 18 of the Regulations on Industrial Injury Insurance.
Second, the main scope of claims includes work-related injury medical treatment, one-time disability allowance, hospital food allowance, assistive devices, unchanged original wages and benefits during medical treatment, and living care expenses.
Third, compensation shall be made in accordance with the specific provisions of Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Industrial Injury Insurance.
Fourth, if negotiation fails, bring relevant information to the labor inspection department to complain, or directly submit it to the labor arbitration committee where the unit is located.
Blessing!
Question 4: What is the function of state compensation? The implementation of state compensation law is a process required by state compensation laws and regulations to be realized in social life, and it is a special form of state compensation law acting on social relations. Once the legal norms of state compensation are formulated, there is a problem of putting them into practice. The implementation of the state compensation law is the process of transforming the requirements of legal norms into people's behavior, which is to make ...
Question 5: What are the advantages and disadvantages of quick settlement? The responsibilities of both parties to the accident are clear.
Question 6: What is the role of traffic accident liability division in compensation? Responsibility identification is not the same as compensation identification.
However, the insurance company pays in proportion to the responsibility.
Therefore, the owners of many injury cases are fully responsible, because the insurance company will pay more.
The same responsibility, but pedestrians are a vulnerable group. According to the provisions of the traffic law to protect the vulnerable, the medical expenses of the injured shall be borne by the motor vehicle in full, and the loss of the motor vehicle may require the medical expenses of this case to be borne according to the proportion of the responsibility determination, and other motor vehicles shall pay half of the loss of the vehicle in full.
I have encountered such a thing. The other side hit my car in the opposite direction, and I stopped without moving. It is the same responsibility. It is the lowest judgment of injury accidents. In other words, as long as the old driver knows that you are innocent.
I will continue to pay attention to you, because hurting people is not that simple.
Remember to give me extra points.
Question 7: What impact does the engineer's claim have on the construction project?
Construction claim has become a special content in the management of contracted projects. It is necessary to improve the understanding of owners and contractors on engineering claim, strengthen the research on claim theory and methods, and treat and do well engineering claim seriously.
Under the condition of market economy, engineering claim is a normal phenomenon in the construction market. It is inevitable in the process of construction. It is different from "fine" and "compensation", and its nature belongs to economic compensation, not punishment. It is the compensation for the expenses and time required for the extra work or loss beyond the regulations caused by the contractor due to reasons other than his own. Therefore, the claim is a legal claim, and it is a reasonable payment that should be fought for, not an unreasonable struggle for profit.
In the implementation of the project, owners often avoid claiming compensation, and contractors dare not claim compensation. I don't know how to claim, I don't have a strong sense of risk and claim for the project, and the supervision engineer is not good at handling claims. Faced with this situation, in the field of construction, construction claim has become a special content in contracted project management. It is necessary to improve the owners and contractors' understanding of engineering claims, strengthen the research on claims theory and methods, and treat and do well engineering claims seriously. As the claim is a job involving a wide range of knowledge and experience, the staff involved in the claim must have rich experience in construction management, be familiar with all aspects of construction, be familiar with various buildings and building regulations, and have certain accounting knowledge. Only in this way can the construction claim be legal, well-founded and reasonable.
Claim is an "art", and it is a marginal discipline integrating social science and natural science, involving engineering technology, project management, trade, law, accounting, public relations and other professional disciplines. Therefore, in the process of claim, we must pay attention to the organic combination and comprehensive application of these knowledge. Some buildings even regard claim as a key to the profit and loss of contracted projects. The following is the author's understanding of engineering construction claims.
1 the concept of construction claim
The construction claim is that during the construction process, due to reasons not attributable to Party A, we paid extra expenses and asked Party A to repay the insufficient part through legal procedures. In other words, any behavior beyond the original regulations will bring defects to the contractor, both in time and in economy. As long as the contractor thinks that he can't get the extra expenses paid from the original regulations. Anyone who deserves economic time compensation has the right to claim compensation from the owner. Generally speaking, the construction claim is a claim made by the contractor to the owner, which is a narrow claim. Claims in a broad sense should include claims made by the contractor to the owner and claims made by the owner to the contractor. The latter is called counterclaim, so the claim is two-way.
2 reasons for claim
2. 1 The difficulty and complexity of the construction process have increased.
With the development of society, there are more and more new technologies and processes, and the owners have higher and higher requirements for the quality and function of construction projects. More and more perfect, the design is more difficult. On the other hand, the construction process is becoming more and more complicated, and it is impossible to demand perfection in the design process. Therefore, problems that arise at any time in construction should be solved at any time, so design changes are needed.
2.2 Inconsistent documents and inaccurate wording
In the field of construction, the Model Text of Construction Project is used for contracted projects. General terms and special terms and conditions shall be formulated by both parties through consultation according to specific conditions. Because some clauses have not been carefully scrutinized or the words used in the conclusion are not rigorous. Poor consideration of the actual situation of the project leads to disputes in the construction process, and the two sides have different understandings of the terms, which leads to project claims.
2.3 the impact of economic benefits of the construction industry
Due to the continuous improvement of market economic system reform, the competition between buildings is becoming more and more fierce. In order to get the project, the contractor often adopts the strategy of "winning the bid at a low price and claiming compensation at a high price". After winning the bid, in the actual construction, in order to ensure their own economic interests and make themselves survive in the competition, the construction party tried to increase their economic interests through reasonable claims.
2.4 the influence between the parties of project management
A construction project involves many units, such as construction units, survey and design units, supervision units, construction units, material procurement and supply units, subcontractors and so on. These units will have economic, technical and work contact and influence in the whole project construction. In the actual implementation of the project. Management mistakes are inevitable and may lead to a series of major claims. Such as: man-made obstacles, prolonged construction period, accelerated construction, wrong drawings, delayed supply of drawings, increase or decrease of work ... >>
Question 8: What is the significance of insurance company's claim settlement? Claims settlement by insurance companies is a concentrated expression of realizing basic insurance functions. It is of great significance for insurance companies to do a good job in claims settlement.
The settlement of claims by insurance companies enables the basic functions of insurance to be realized. The basic function of insurance is to compensate or pay economic losses. The insured's transfer of property or personal risks to the insurance company does not mean that he can get exact compensation; However, if the insurance company accepts the risk transferred by the insured, it means to bear the economic compensation or compensation within the scope of insurance liability. Through insurance, the insured can turn uncertainty into certainty, which is manifested in whether he is out of danger or not, whether he is safe or not, and whether he guarantees property or physical and mental safety; Or get a certain degree of compensation for the losses accompanying the accident. Insurance company's claim settlement is a management link to realize economic loss compensation.
Claims settlement by insurance companies can restore the production of the insured in time, stabilize his life, and promote the smooth progress of social production and the stability of social life. Insurance has the reputation of social "stabilizer" and economic "booster". Insurance plays many positive roles in social production, life and even economy and finance. The realization and exertion of these functions depend on the fast, accurate and high-quality service of insurance companies.
Insurance company's claim settlement is a test of other aspects of insurance company's operating quality. Whether the insurance company's exhibition industry is in-depth, whether the underwriting is up to standard, whether the disaster prevention work helps to prevent risks, and whether the insurance premium rate is appropriate, reasonable and fair. It is not easy to have an accurate grasp before the risk comes out. However, when claims need to be made, whether the insurance company has the ability to pay, how big the ability is, and how much realistic and potential impact it will have on the insurance company's compensation fund and operational stability after payment will be a test of the overall operation of the insurance company. Through this test, in turn, it can promote insurance companies to improve the problems existing in their business activities.
The quality of insurance company's claims is related to the economic benefits of insurance companies. The insurance company's compensation is an important part of the insurance company's operating costs. The size of the insurance company's claims expenditure naturally affects the economic benefits of the insurance company. In a certain period of time, if the insurance company pays less and other conditions remain unchanged, the economic benefits of the insurance company will be good; On the other hand, if the insurance company pays more, the economic benefits will be worse. Even individual compensation at individual times may cause serious financial crisis and bankruptcy of insurance companies.
Question 9: What is the function of the traffic accident claims center? Provide "one-stop" service for rapid handling of traffic accidents and insurance claims.
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