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堕胎的价值是多少? 堕胎的价值是多少 人是不是"没有被造"? 一个意大利的提案
Maricla Marrone1, Benedetta Pia De Luca1, Fortunato Pititto1
1Interdisciplinary Department of Medicine (DIM), Section of Legal Medicine, University of Bari "Aldo Moro", 70124 Bari, Italy.
Healthcare (Basel, Switzerland)
|July 14, 2023
概括
本研究涉及意大利法律中由于第三方责任而导致的堕胎损害的量化. 它提出了统一的标准来标准化对潜在人力资本损失的补偿,超越了主观评估.
科学领域:
- 法律研究 法律研究
- 经济学 经济学 经济学
- 社会学 社会学 社会学
背景情况:
- 人力资本被定义为与生俱来的技能和获得的知识,代表长期投资.
- 意大利法律制度从出生就承认人格及其相关权利,这意味着胎儿缺乏这些权利,但具有潜力.
- 在意大利法律中,失去父母关系的赔偿赔偿通常是基于孩子丧失所造成的存在空虚.
研究的目的:
- 调查意大利法院因第三方责任而在堕胎案件中对损害赔偿的不统一承认.
- 探索堕胎的经济估计是否基于客观标准或主观评估.
- 确定量化发展人力资本损失的标准标准.
主要方法:
- 对与堕胎有关的损害赔偿问题的国际方法的分析.
- 对补偿框架进行比较的法律和经济分析.
主要成果:
- 由于第三方责任而导致的堕胎赔偿在意大利法院不一致地承认.
- 当前的补偿通常是有限的,认为情感关系是基于"潜在的",而不是既定的权利.
- 显著的主观性影响堕胎损害的经济估值.
结论:
- 该研究建议制定统一的标准来量化与堕胎有关的损害.
- 建立标准化准则对于更客观,更公平地评估损失至关重要.
- 这旨在为评估在法律背景下潜在人力资本的损失提供一个框架.
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