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Civil law. Part II. General provisions on tortious liabilities (due to harm) (most important)

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100. GENERAL PROVISIONS ON TORT LIABILITIES (DUE TO INJURY)

There is no legal definition of this type of obligation. It should be defined as such an obligation, according to cat. one side (victim) has the right to demand according to the law from the other party (responsible for causing harm) compensation for harm or suspension (cessation) of harmful activities that create a risk of causing harm in the future. Such obligations are called tortious.

Characterization tort obligations: non-contractual (generated due to the occurrence of a fact provided for by law), unilateral (the tortfeasor has only obligations, and the victim only rights), can be alternative (the victim in some cases has the right to "choose" the responsible person or the form of compensation for harm - in in kind or in the form of monetary compensation).

The object is committing activity either to compensate for harm, or to suspend the occurrence of possible harmful consequences.

The subject is the form in the cat. Compensation for harm is expressed: it can be presented either in kind or in the form of compensation for losses incurred.

By the parties are:

a) victim - a person who has already suffered losses as a result of a harmful action or who may suffer losses as a result of such actions;

b) the person responsible for causing the harm. They can be either the direct cause of harm, or a person who did not cause harm, but is “appointed” by law as a defendant for causing it (for example, their parents are responsible for harm caused by minors). Any subjects of civil legal relations can act as parties.

The victim has the right to demand: compensation for harm in kind; compensation for real losses resulting from the infliction of harm; suspension of activities that threaten harm; compensation for moral damage.

Such claims can be made both in the case of one person, and several persons, as well as society as a whole.

Responsibilities of the person responsible for causing harm: compensate the injured person in the form and amount required by him.

The basis for the emergence of tort obligations are: the onset of real harm; the possibility of harm.

Types of tortious obligations:

a) from causing harm by legal entities, including state. bodies, bodies of local self-government;

b) from causing harm by minors and incompetent persons;

at) from causing harm by a source of increased danger;

d) from causing harm to the life or health of a citizen;

d) from causing harm by defects in goods, works or services.

The right to receive compensation for harm arises only if the liability of the tortfeasor arises. The rules on liability for tort obligations contain general provisions for all types of obligations, as well as provisions for certain types of these obligations.

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