Contract law. Grounds and conditions of contractual liability (the most important)

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Contract law. Grounds and conditions of contractual liability (the most important)

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21. GROUNDS AND CONDITIONS OF CONTRACTUAL LIABILITY

The general and only basis for contractual liability is the presence of a civil violation. The offense is understood in a broad and narrow sense.

Broadly speaking, the offense - a legal fact that gives rise to a legal relationship between the offender and the victim and creates certain claims of the victim and the offender's obligations to make amends for the damage caused by the unlawful act.

In a narrow sense, the composition of the offense - a set of certain signs of an offense that characterizes it as a sufficient basis for contractual liability.

Signs (elements) of the composition of the offense:

1) illegal action (omission) - the actions (inaction) of the offender are contrary to the norms of the law or the provisions (conditions) of the contract. Compensation for harm can also occur in the case of lawful actions of a person (for example, when a person was in a state of emergency);

2) harm (or harmful consequences) - causing damage to the victim;

3) causality between the illegal action (inaction) and the harmful consequences that have occurred - the onset of adverse consequences due to the actions (inaction) of the offender;

4) offender's guilt - the mental attitude of the offender to the deed. A person is declared innocent if, with the degree of care and discretion required of him by the nature of the obligation and the conditions of turnover, he took all measures for the proper fulfillment of the obligation (clause 1, article 401 of the Civil Code of the Russian Federation). Guilt manifests itself in the form of intent or negligence. The law provides that compensation for harm is possible even in the absence of the fault of the tortfeasor (paragraph 2 of article 1064 of the Civil Code of the Russian Federation).

The offense also includes:

1) object of offense - what the tortfeasor encroaches on (property, health, etc.);

2) perpetrator - inflictor of harm. It can be any person, including the incompetent. By law, the obligation to compensate for harm may be imposed on a person who is not the tortfeasor (for example, his parents, adoptive parents or guardians are liable for causing harm to minors, unless they prove that the harm was caused through no fault of theirs).

The person who caused the harm may be released from contractual liability if he proves that the breach of the contract was caused by force majeure, natural or other disaster.

Author: Rezepova V.E.

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