harm can be caused by one person to another, as well as a legal entity.It can be both physical and property.In such a situation there is a person who has suffered harm, the victim and the person who caused the damage is likely, the defendant, because such cases are dealt with in court, civil or criminal.The first thing you should know in the event of obligations owing to injury - can end up in court.Desperate situations can hardly be called, is not the end of life, but the trouble.
There are always certain conditions to determine the circumstances of the case, then there should be:
- presence of the damage caused.
- prove illegal actions of the one who caused the damage.
- Communications and the reasons between the behavior caused harm and damage.
harm may be caused to the subjective human rights.These include: the right to property, health, honor, dignity, life and so on. D. You should know that if found guilty, the obligations owing to injury include its repayment, no matter who was harmed,person or entity.
Waivers
If the contrary is proved, that is, that the damage is not due to his fault, caused the damage to be discharged damages.There may also be other circumstances revealed.For example, the damage caused at the request of the victim, if the actions were lawful and moral foundations of society are not against it, as followed by the release of the obligation owing to injury.
also exist in law the concept of absolute necessity and self-defense, but then there are a number of conditions that must be met.For self-defense should not be exceeded, and the urgent need implies the absence of other ways to eliminate the threat.
vskroyutsya Also, if the circumstances in which it is proved that the victim himself is to blame for a situation arises in which the liability owing to injury, while also cause harm will be relieved of the obligations in full (or partial).
pecuniary damage
about the moral dangers of the law of opinion diverges.As in judicial practice and theoretical studies there is no single point of view.In cases involving non-pecuniary damage in respect of legal persons it is worth noting that they are not considered by arbitration courts on the grounds that the harm of this kind can be applied only to an individual, but not legal.Motivated by the fact that the non-pecuniary damage - this mental suffering, as a legal person can not suffer.
obligations arising from injury to
1. Reimbursement in full of the damage required, but always take into account the following circumstances:
- Companies working conditions where there is high risk, and compensate the damage caused to the employee by theirfault.You should know that there is a limitation period for claims - a year.
- incapacitated person is not liable for the law, for it meets the one who looks after him.
- Court compares the property status of participants in events and can make a positive decision for damages even if the release of the guilty party from incurring expenses.
- insurance (or lack of it) has an impact on the amount of compensation.
- injured party is considered by the court in terms of social status.
types of obligations owing to injury
Damage may be caused:
- public authorities.
- minor or incapacitated person.
- As a result of activities related to the operation of increased danger.
Types of damage caused by certain circumstances, grouped in general terms, without which they simply can not occur.
