legal term "tort", which is derived from the Latin word delictum and translates as "the offense", "offense" or "fault", though not used by the Russian legislation, though widely used in jurisprudence.
What is tort?
Broadly, tort - is any misconduct or wrongdoing, but in a more narrow - it's all the deeds of men, which are contrary to the standards specified in the civil law.At the same time provided for such offenses penalties - penalty of liability.The tort of other offenses characterized in that it is a deliberate act, which is intended infliction of an injury.The law also states that every person has a delictual, for example, the mentally ill and minors are not subject to the offenses.By the way, there is a separate science occupies an offense which carries the name deliktologii.
essence of tort
crimes and delicts largely coincide with each other, but not always.For example, some crimes are not subject to civil penalties, since there are no persons who need to repair the damage (for example, as a result of the murder), or in the course of a crime no one was injured (in the case of an attempted crime).On the other hand, a number of misdemeanors can not be considered serious crimes for which the punishment should follow, but such cases are subject to civil law retribution.On this basis, we can say that from the point of view of civil law tort - is any illegal action: crime, misdemeanor or harm to other people's property.
history
tort law in the different periods of human history, and according to the laws of any country responsible for the torts (offense) was different.At the initial stage of development of the area of tort law it coincides with the whole habitat of law, as perpetrators of both criminal and civil offenses and offenses punished the same way: only by penalties in favor of the victim.Further development is the gradual release of criminal offenses which were subject to public punishment, and on the other - civil offense for which no penalty is charged.And that tort law has gradually become an area intermediary standing between the two.
tort in Roman law
In Roman law the value of tort law has been most visible.Here, for some criminal offenses, such as theft, robbery, etc., Order collection was as stated in tort law.There were times when some of the crimes could not relate strictly to criminal or civil, and then they were considered from the point of view of tort law.Nevertheless, this period has not been worked out the general concept of "tort" in Roman law.This led to the fact that the set of relations continued to remain without any protection.
In the most advanced systems of the slave right there are two types of torts:
- public torts;
- private torts.
Public tort - is the offense that is committed against the public interest.The culprits were sentenced for it or to corporal punishment, including the death penalty, or they should pay the fines.Naturally, these amounts go to the state treasury.Private tort - is an encroachment on private, rather than public interests.The penalty for this was any compensation or penalty.
Types of torts in Roman law
1. Intentional insult.
2. Damage to the extremities of the human body.
3. The harm internal organs.
4. Harassment.
5. selfish encroachment on other people's property, which can be regarded as theft of personal property, theft, embezzlement, misappropriation, and so on. D.
6. Robbery.
7. Destruction of or damage to personal property of individuals.
quasi-delict
obligations which give rise to liability, or arise from circumstances, and do not fall under the definition of tort, called quasi-delict.They may be of the following types:
1. Intentional, negligent and improper maintenance of the case by the judge.
2. Throwing or pouring out of the window for something that could bring harm to passing under the windows.
3. Incorrect or inconvenient location of objects from some houses that can be harmful to the citizens passing by.
4. Theft in the hotel or on a ship servants, under the responsibility of the host institution.
Types of offenses
tort or offenses are classified according to the following criteria:
- degree of social harm and assault value of the object;
- nature of social harm;
- method (violent or non-violent) situation and the time of the wrongful act;
- size and nature of harm,
- shape and intensity of the unlawful acts,
- motivation for the offense;
- offender
- subjective factor and others.
Classification torts
1. Administrative tort.It guilty, careless and intentional act that infringes on the public or public order, freedom and human rights, in the form of ownership.For this offense the law provides for liability on the administrative level.
2. The international tort. the act or omission that was committed (not committed) subjects of international law, resulting in violation of international legal norms and principles, or the contractual obligations.For this act of the entity falls down international legal responsibility.His call delinquent.It is believed that an international delict can only be considered a deliberate internationally wrongful act, and it is also nothing but an international crime.
3. TORT. This unintentional act which leads to the violation of the rule of law, but does not constitute a crime.However, the perpetrators of this act are liable to civil liability.This may be a violation of the legitimate rights and interests of the various actors in the field of personal and property (moral) relationship.
Torts
Civil tort - is any act or omission which are contrary to the norms of civil law, those wrongful acts that harm the personal benefits of non-material (eg honor, reputation, copyright or inventors' rights, and others.) To tort areThe following illegal acts: invalid illegal transactions, unjust enrichment, abuse of their rights, the civil transaction invalid, breach of contract and liabilities and other. TORT divided into contractual and non-contractual.The former include torts, which are associated with defaults available in the Treaties.The second group includes actions aimed at harming the person and her property or entity.
general principle of tort
Hurting one person to another - it is the basis for the obligation to compensate the damage.This is the so-called principle of general tort.In the case of determining that the person is the injured party, and himself or his property suffered any harm, that person is exempted from having to prove guilt and unlawful actions of the causer, because their presence is presumed by law.However, if the alleged tortfeasor would be able to prove his innocence, he is freed from responsibility.The meaning of "general tort" (this can be most clearly seen in the legal codes of France) include the general conditions on the types of liability for damages.Here are some of them:
- wine;
- wrongfulness of the action, which makes the tortfeasor;
- causal connection between the harm and the behavior of the offender.
Conclusion
tort is causing harm to an individual or family property as a result of direct or indirect offense which entails reparation.This tort may be of two types: public (violation of state interests and rights) and private (violation of the interests and rights of individuals).
