Civil law. Parts I, III and IV. Forms and amounts of civil liability (the most important)

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Civil law. Parts I, III and IV. Forms and amounts of civil liability (the most important)

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32. FORMS AND SIZES OF CIVIL LEGAL LIABILITY

Principles of civil liability: inevitability of responsibility; individualization of responsibility; full compensation for damages.

Forms of civil liability: damages, forfeit, compensation in kind, loss of deposit, confiscation. Losses incurred as a result of violation of the right are subject to compensation in full by any violator of the right: a citizen, a legal entity, the state. In cases where the violator of the right is a state or municipal body or an official of these bodies, the damage is compensated by the Russian Federation, its subject or municipality.

Amounts of civil liability:

a) the penalty is determined in accordance with the contract or law;

b) the amount of losses is determined at the price existing on the day the claim is satisfied, if they are reimbursed by the debtor voluntarily. If the satisfaction of the claim occurs in a judicial proceeding, then the losses can be calculated based on the prices that were on the day the claim was filed or on the day the decision was made by the court;

at) the amount of profit lost by the creditor should not be less than the amount of income received by his debtor - the offender;

d) in case of compensation for harm in kind, the thing presented by the debtor must be of the same kind and quality;

d) a reduction in the amount of liability is allowed if both parties or the creditor are at fault;

f) the court may reduce the amount of compensation for harm caused by a citizen, depending on his property status (except in cases where the harmful actions of the debtor were intentional);

g) the agreement of the parties on the limitation of the liability of the debtor in cases where the creditor is the consumer is void;

with) an increase in the amount of liability by the parties is possible only in cases provided for by law, this also applies to a legal penalty;

and) the law or the contract may provide for the collection of an exceptional or alternative penalty;

to) losses on a monetary obligation are not recoverable if they are equal to a penalty;

l) the amount of compensation for harm caused to health or life, in cases where the harm is related to labor relations, is determined as a percentage of the earnings of the injured person, etc.

Limitation of the debtor's liability may be established both by agreement of the parties and by law. For example, the law limits liability either for obligations associated with a certain type of activity (eg, the carrier's liability for loss of cargo is limited to compensation for actual damage), or for certain types of obligations.

Additional measures to protect the interests of the victim:

a) when indemnifying for damages, the prices that were in force at the moment of fulfillment of the obligation, or at the moment of filing a claim, or at the moment of a court decision, are taken into account;

b) if the person who violated the right received income as a result, the victim has the right to demand compensation for damage.

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