Land law. Civil liability (most important)

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Land law. Civil liability (most important)

Lecture notes, cheat sheets

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61. CIVIL LIABILITY

Civil (property) liability expressed in compensation for losses, harm, etc.

Losses caused by violation of the rights of land owners, land users, land owners and tenants of land plots are subject to compensation in full, including lost profits, in the manner prescribed by civil law.

The Civil Code of the Russian Federation provides for rules that apply in cases of harm:

1) the harm is subject to compensation in full by the person who caused the harm;

2) a law or an agreement may establish the obligation of the person who caused the harm to pay compensation to the victims in excess of compensation for harm;

3) the person who caused the harm is released from its compensation if he proves that the harm was caused through no fault of his. At the same time, the law may provide for compensation for harm even in the absence of guilt;

4) damage caused by lawful actions is subject to compensation in cases provided for by law. Compensation for harm may be refused if the harm was caused at the request or with the consent of the victim, and the actions of the person who caused the harm do not violate the moral principles of society;

5) the danger of causing harm in the future may be the basis for a claim for the prohibition of activities that create such a danger;

6) if the harm caused is a consequence of the operation of an enterprise, structure or other activity that continues to cause harm or threatens new harm, the court has the right to oblige the defendant, in addition to compensation for harm, to suspend or terminate the relevant activity;

7) a legal entity, a citizen compensate for the harm caused by their employees in the performance of their labor duties. Business partnerships and production cooperatives compensate for the damage caused by their participants (members) in the course of their entrepreneurial or other activities of the partnership or cooperative;

9) harm caused to a citizen or legal entity as a result of illegal actions (inaction) of government bodies, officials of these bodies, is subject to compensation at the expense of the treasury of the Russian Federation, the treasury of a subject of the Russian Federation or the treasury of a municipal entity;

10) legal entities, citizens whose activities are associated with increased danger to others, are obliged to compensate for the harm caused by a source of increased danger, unless they prove that the harm arose as a result of force majeure or the intent of the victim. Compensation for losses, harm is made voluntarily or by a court decision.

By a court decision, a person guilty of violating the rights of owners of land plots, land users, land owners and tenants of land plots may be forced to fulfill the obligation in kind. The defendant, with the consent of the parties, may be assigned the obligation to eliminate the consequences of a land offense at his own expense. The fulfillment of the duty in kind means the restoration of soil fertility, the restoration of land plots within the former boundaries, the erection of demolished buildings, structures, structures, the demolition of illegally erected buildings, structures, structures, the restoration of boundary and information signs, the elimination of other consequences of land violations and the fulfillment of obligations that have arisen.

Author: Medentsov A.S.

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