As a rule, the responsibility of the legal understanding of the inhabitants is reflected in the performance of certain actions, performance of which the obligation is provided by the state.How true this statement, if it is a legal institution such as civil liability?
concept of civil liability
in jurisprudential literature there are different approaches to what is civil liability.And, above all, the division is on the grounds of a positive or negative.
According to lawyers, under the Civil Liability in a positive way should be considered a state of a debtor, in which it pledges to comply with its obligations.On the other hand, civil liability in a negative sense, is seen as bearing a certain debtor penalties associated with violation of the rules of proper behavior.
However, a better understanding of what is meant by civil responsibility, promotes the study of its main features, to which rank:
- a special kind of legal liability;
- this kind of responsibility means only punishment property of the debtor;
- in this case, the debtor as a person should not be punished (for example, the performance of forced labor);
- or whatever the right has been violated (personal non-property or property), the punishment should be expressed exclusively in property terms, or whom appears strictly specified thing, or its cash equivalent;
- the debtor-creditor are based on terms of equality.
Thus, civil liability is a special a special type of legal responsibility in which the relationship between the creditor and the debtor are equal in nature and appear only in property terms.
forms of civil liability
Studying them, we should remember that there is always thinking of using the term civil liability in a negative sense, ie,when the damage has already been done.
Science and legislation share the 3 forms of civil liability:
- loss of deposit;
- damages;
- payment of a penalty.
Loss of deposit - is used only when the contract provides for the possibility of using it as a measure of the transaction.
Indemnification - is the most common form of liability under consideration.It consists in the fact that the debtor is obliged to compensate the creditor for not only the damage it has suffered, but also lost profits.We have the disclaimer that the loss of revenue is compensated only if the legal relationship had a commercial element.
Payment of the penalty is a kind of "safety element" of all commercial contracts.In this case, the focus is on compensation strictly defined amount of money in circumstances where the proper fulfillment of obligations had been committed.Also, this type of obligation can be included payment of a sum of money in the unlawful use of funds by third parties.
Types of civil liability
Regarding this classification, it is fair to consider its division into two types: non-contractual and contractual.This division of types of civil liability obtained through the use of a variety of reasons for their occurrence.
As the name implies, contractual liability is based primarily on the contract and its conditions.This fact is important, since the text of the contract states that considered a violation, when and in what amounts will be calculated liability.Non-contractual liability arises from tort and unjust enrichment.
Also, there are other classifications:
- the number of participants by the debtor - Equity, solidarity and subsidiarity;
- straight, recourse and mixed - depending on who was harmed.
As can be seen, civil liability is an effective way of pecuniary damage without affecting the identity of the debtor.
