Civil law. Parts I, III and IV. Civil liability, its types and meaning (the most important)

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Civil law. Parts I, III and IV. Civil liability, its types and meaning (the most important)

Lecture notes, cheat sheets

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30. CIVIL LIABILITY, ITS TYPES AND SIGNIFICANCE

Civil liability - secured by state coercion, adverse consequences for the offender of non-fulfillment or improper fulfillment of his duties, which entailed a violation of the subjective civil rights of another person, expressed in the imposition of a civil duty on the offender, restriction or deprivation of his right belonging to him.

Types of civil liability:

▪ tort (arises from causing harm) and negotiable (determined by the parties in their agreement); the first type is regulated only by law, and the second - both by law and by agreement;

▪ subsidiary (additional) responsibility, jointly responsibility and equity a responsibility. The listed types of responsibility arise in obligations with multiple subjects. They differ in the rules of behavior of the creditor at the time of foreclosure. In case of subsidiary liability of the debtor, the creditor must present a claim against the main defendant, and only in case of non-satisfaction - against the subsidiary debtor. Joint and several liability is possible only in cases stipulated by the contract or law. With joint and several liability, the creditor may demand the recovery both from all debtors jointly, and from any of them separately, both in full and in part of the debt. Shared liability occurs in cases where the law does not provide for joint and several liability. The volume of shared liability of each of the debtors is equal, unless otherwise follows from the law. Each debtor is liable to the creditor only within the limits of his share;

▪ recourse liability arises when the debtor, who has fulfilled the obligation to compensate for harm for its causer, makes a claim to this causer for reimbursement of the costs incurred.

The meaning of civil liability: is a kind of sanctions (a sanction is understood as the consequences established by law or an agreement for the violator in case of non-performance or improper performance of his duties). Another kind of sanctions are measures to protect civil rights aimed at: preventing and suppressing violations of rights; restoration of violated interests of the parties; protection of law and order.

Civil liability can be applied as an independent type of liability, or in combination with other types of liability. For example, a civil lawsuit in a criminal trial.

Functions of civil liability:

▪ preventive and educational;

▪ repressive;

▪ compensation;

▪ signaling.

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