Civil liability under Russian law: concept and conditions of occurrence

civil turnover - is the legal framework within which the subjects through the free will interact with each other to meet their needs.The emerging relationship between humans and obligations in this case are governed not only by law, but the provisions of the treaties they have signed.The guarantee of the implementation of each of the parties of their obligations under the contract in favor of civil liability.

Some authors consider this category as a form of conscientious and enterprising activities, which is expected by the relevant agreement.According to the group of theorists, civil liability is positive.

Critics of this approach result in a more compelling arguments.They point to the difference between the concepts of "fulfillment of obligations" and "civil liability".The difference is that these categories belong to different institutions, in addition, parties to the contract and obligations of the debtor under the contract are not the same.

essence of this opposition is that bona fide legal entity to achieve its objectives and in accordance with the contract of their own accord provides opponent tangible or intangible good, reasonably relying on adequate compensation - the full implementation of the commitments by the other party.

As a debtor, a man forced to endure additional losses and other adverse consequences.Thus, the resulting benefits and the effort is not proportionate.The disparity of exchange, by definition, does not correspond to the idea of ​​a voluntary agreement, so the concept of civil liability can not be equated to the responsibilities of the subject of the contract.The latest in this respect can not be called positive.

Civil liability is a form of state-sanctioned coercion.It is expressed as applied to the guilty party property sanctions in order to restore the rights of the subject and to the extent, ensure the fulfillment of this task.In addition, the legal category introduced to stimulate normal economic relations between people.

terms of civil liability include:

  • harm for one of the parties to the transaction.This refers to the diminution of the good that was to get people (organization).Financial evaluation and compensation of damage called party transaction loss.
  • causal correlation between the default of obligations by one party to the contract and the occurrence of damage to the other.
  • wrongful nature of the act the perpetrator (the commission of acts contrary to the rule, applies to this user transaction).

Liability may be contractual and non-contractual.In the first case, the obligations arising from breach of contract, in the second reason is causing harm to the person, not related to a legal agreement with him or in the absence thereof.