Table of contents (expand)
- The concept and principles of civil law. Subject and method of regulation
- Civil legislation and sources of civil law. Analogy of law, analogy of law
- Civil legal relations: concepts and types
- Legal capacity and capacity of a citizen. Restriction of legal capacity and recognition of a citizen as incompetent. Guardianship and trusteeship
- Location. Recognition of a citizen as missing and declaration of a citizen as dead
- The concept of a legal entity. Creation and termination of legal entities
- Classification of legal entities
- The concept and forms of business partnerships and companies
- Limited Liability and Additional Liability Companies
- The concept and types of joint-stock companies
- production cooperatives. Liquidation of production cooperatives
- Consumer cooperatives
- The procedure for writing off funds and satisfying creditors' claims upon liquidation of a legal entity
- State and municipal unitary enterprises
- Nonprofits
- Branches and representative offices of legal entities
- Objects of civil legal relations
- Money and securities as objects of civil rights. Types of securities
- Results of creative activity. information. Works. Services
- Intangible assets and their protection
- Concept, types and forms of transactions
- Conditions for the validity of transactions. Invalid transactions and their types
- Representation: concept and types. Power of attorney
- Terms: concept, calculus and types
- Limitation period: concept and types. The running of the statute of limitations
- Grounds for the emergence, change and termination of civil rights and obligations
- Protection of civil rights: concept, methods
- Property rights: concept, forms, types. Contents of property rights. Purchase methods. Termination of ownership
- Ownership of citizens and legal entities
- The right of state and municipal property
- Common property right: concept and types
- Real rights to land: concept and types. Real rights to own and use other people's land plots. easement
- Ways to protect the right of ownership and other property rights. Vindication and negator claims
- Contract: concept, content, types
- The procedure for concluding, amending and terminating the contract
- Obligations: concept, content, types and grounds for occurrence
- Fulfillment of obligations: concept, principles, parties, types
- Penalty and retention as ways to ensure the fulfillment of obligations
- Pledge as a way to secure an obligation
- Bank guarantee and guarantee as ways to ensure the fulfillment of obligations
- Civil liability: concept, forms, types
- Change and termination of obligations: concept, grounds, methods
41. CIVIL LIABILITY: CONCEPT, FORMS, TYPES
Civil liability - type of legal responsibility.
Responsibility - certain adverse consequences imposed on the person who violated the obligation.
Civil liability applies to protect civil rights and has primarily a preventive and educational value.
For civil liability typically coercion to bear negative property consequences arising from non-fulfillment, improper performance of obligations under the contract and from the infliction of non-contractual harm. Property losses must be transferred to the offender to restore the property status of the injured party.
Form of civil liability - a form of expression of some additional burdens imposed on the offender (for example, compensation for losses, payment of a penalty, taking away a thing, etc.).
Composition of a civil offense - a set of conditions necessary for bringing to responsibility. The composition of a civil offense includes wrongfulness, guilt, harm and causation. Liability in some cases is possible in the absence of most of the elements of the composition.
Wrongfulness - inconsistency of a person's behavior with the law or an agreement, entailing a violation of the property or non-property rights of another person. Illegal behavior can be either action or omission. The wrongfulness of an action (inaction) is a prerequisite for bringing to responsibility. Both awareness and unawareness of behavior do not affect wrongfulness.
Fault - mental, intentional or careless attitude of the subject to his behavior and its result. Guilty of committing an offense can be not only a citizen, but also a legal entity. The fault of a legal entity lies in the fault of any of its employees who fulfill the obligation of the organization.
Purpose is expressed in the offender's foresight of a harmful result and the desire or conscious assumption of its occurrence.
Negligence - the party foresees the possibility of a harmful result, but carelessly counts on its prevention or does not foresee the possibility of such consequences, although it can and should foresee them.
Harm - any derogation of the good protected by the law. Property damage is called damage.
Causal relationship - the relationship between the wrongful act and the ensuing consequences.
Types of civil liability:
1) contractual (sanction for violation of a contractual obligation) and non-contractual (applied to the offender who is not in a contractual relationship with the victim);
2) shared, joint and several and subsidiary liability.
Exemption from liability it is possible in the absence of conditions for bringing to it: if the failure to fulfill the obligation and the infliction of harm were lawful; if there are no losses to be compensated; if the losses are not in a causal relationship with the behavior of the responsible person; if there is no fault of the violator (excluding cases when the law or the contract provides for liability regardless of fault).
Author: Stepanova O.N.
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