As a rule, the responsibility in the legal senseordinary people expressed in the implementation of certain actions, the obligation to perform which is provided by the state. How true is this statement when it comes to such a legal institution as civil liability?
The concept of civil liability
In legal literature there are various approaches to what is civil liability. And, above all, the division goes according to the signs of positivity or negativity.
According to legal experts, under civil lawResponsibility in a positive sense should be considered such a state of the debtor, in which he undertakes and fulfills its obligations. On the contrary, civil liability in a negative sense is considered as the bearing by the debtor of a certain punishment associated with violation of the rules of proper conduct.
However, a deeper understanding of what is meant by civil liability, contributes to the study of its main features, which include:
- a special kind of legal liability;
- this type of responsibility implies only the property punishment of the debtor;
- in this case, the debtor as a person should not be punished (for example, the execution of forced labor);
- какое бы право ни было нарушено (личное non-property or property), the punishment should be expressed exclusively in the property equivalent, which is either a strictly specified thing, or its monetary equivalent;
- the relationship of the debtor-creditor are based on equality.
Thus, civil liabilityIt is a special special type of legal responsibility, in which the relationship between the creditor and the debtor is of equal nature and is displayed only in the property equivalent.
Forms of civil liability
In examining them, it should be remembered that the use of the term of civil liability in a negative sense is always meant when harm has already been done.
Science and legislation share 3 forms of civil liability:
- loss of deposit;
- damages;
- payment of a penalty.
Loss of the deposit - is applied only when the contract provides for the possibility of using it as a measure to secure the transaction.
Damages are the mostcommon form of liability considered. It lies in the fact that the debtor is obliged to compensate the creditor not only the damage suffered by him, but also lost profits. It is fair that the lost profit is compensated only if there was a commercial element in the legal relationship.
Penalty payment is a kind of"Insurance element" of all commercial contracts. In this case, the emphasis is on compensation of a strictly defined amount of money in circumstances where the proper fulfillment of obligations was not performed. Also in this type may be included the obligation to pay a certain sum of money in case of unlawful use of money by third parties.
Types of civil liability
With regard to this classification will be fairconsider its division into two types: non-contractual and contractual. Such divisions of civil liability were obtained due to the use of various bases for their occurrence.
As the name implies, negotiableresponsibility is based primarily on the contract and its conditions. This circumstance is important, since the text of the treaty itself establishes what is considered a violation, in what cases and in what amounts responsibility will be calculated. Non-contractual liability arises from delict and unjustified enrichment.
There are also other classifications:
- by the number of participants on the part of the debtor - equity, solidarity and subsidiary;
- direct, regressive and mixed - depends on who caused the harm.
As can be seen, the institution of civil liability is an effective way to compensate for material damage without affecting the identity of the debtor.
