Civil law. Parts I, III and IV. Civil liability: grounds for occurrence and exemption (the most important)

Lecture notes, cheat sheets
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Civil law. Parts I, III and IV. Civil liability: grounds for occurrence and exemption (the most important)

Lecture notes, cheat sheets

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31. CIVIL LIABILITY: GROUNDS FOR ORIGIN AND RELEASE

Grounds for civil liability - the presence in the actions of the violator of the composition of a civil offense, i.e., the totality of conditions necessary for the application of measures of responsibility.

Terms of civil liability: illegal behavior of the offender; the presence of the fault of the tortfeasor; the presence of property damage as a result of the unlawful behavior of the offender; a direct causal relationship between the wrongful behavior of the violator and the resulting harm (the last two conditions are necessary for the onset of property liability in the form of damages).

Illegal behavior - an act or omission that violates the law. Illegal action - if it is expressly prohibited by law or contrary to the basis of the obligation (law, contract). Omission to act is illegal if a person has a legal obligation to perform a certain action.

Are not unlawful actions committed: within the limits of necessary defense; in a state of emergency; in the process of exercising the professional duties of some specialists; with the consent of the victim in cases where they are committed within the limits established by law.

Harm - the consequences of the offense, expressed in the derogation of a subjective civil right or benefit (the concept of "harm" coincides with the concept of "damage", but does not coincide with the concept of "losses").

Harm can be caused to a person or property, therefore, there are types of harm: property - consequences that have a cost (monetary) assessment and non-property damage (sometimes moral and physical) - the consequences of an offense that do not have a value expression.

Fault - the mental attitude of a person in the form of intent or negligence to his unlawful behavior and its results. The concept of guilt applies to citizens and legal entities. There is a presumption of guilt of the debtor: a person who has violated an obligation is considered guilty and is liable if he does not prove his innocence. However, there are cases of liability and no fault.

Grounds for exemption from civil liability:

1) event - a circumstance indicating the absence of guilt of the participants in the obligation, since the event is unforeseen and subjectively unavoidable (it could be prevented if the participants knew about its result);

2) force majeure - a circumstance independent of the will of the participants, characterized by extraordinary and objective inevitability (this circumstance could not be eliminated by the participants in the obligation, even if they knew about its results). The occurrence of such a circumstance is not related to the activities of the responsible person;

3) fault in the form of intent of the injured party.

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