Legal encyclopedia. Letter D

CIVIL RESPONSIBILITY

- the legal consequences of a person's failure to perform or improper performance of his duties connected with the violation of the subjective civil rights of another person established by civil law.

Form GO - a form of expression of additional encumbrances imposed on the offender in the form of compensation for damages, payment of forfeit, removal of the thing, and also in the form of non-property sanctions (for example, a demand to refute the information disseminating it, discrediting honor and dignity of citizens and organizations) .

In the event of non-performance or improper performance of the contract, liability is contractual, in other cases it is non-contractual.

In connection with non-performance, improper performance of obligations from the contract and from causing extra-contractual harm to the offender, property losses for

Restoration of the property status of the injured party.

The composition of a civil offense is the set of conditions necessary for bringing to responsibility.

The civil offense includes:

1) unlawfulness - inconsistency of a person's conduct with a law or a contract (action, inaction), entailing a violation of the property or non-property rights of another person. The wrongfulness of action (inaction), which is not affected by both awareness and unconsciousness, is a prerequisite for bringing to responsibility;

2) guilt - a mental, willful or careless attitude of the subject to his behavior and his result. Guilty of committing an offense can be not only a citizen, but also a legal entity. The fault of a legal entity is the fault of any of its employees performing the obligation of the organization. Intent is expressed in the prediction of the offender of a harmful result and desire or the conscious admission of his offense, and imprudence is that

The party foresees the possibility of the occurrence of a harmful result, but frivolously counts on its prevention or does not foresee the possibility of the onset of such consequences, although it can and should foresee them;

3) harm - any depreciation of the protected by the law good. Harm, which is property-related, is called damage;

4) causal relationship - the relationship between the wrongful act and the consequences that have occurred.

Responsibility in some cases is possible in the absence of most elements of the composition.

Types of G.O .:

1) contractual (sanction for violation of a contractual obligation) and non-contractual (applies to an offender who does not belong to a victim in a contractual relationship);

2) with the multiplicity of persons in the obligation:

A) the shareholder - the creditor has the right to demand compensation from each of the debtors in a certain proportion;

B) the joint and several - the creditor has the right to demand in full from any of the debtors. Debtor who has fulfilled the obligations

Alone, has the right to recourse claims to the other debtors;

C) subsidiary - the right of the creditor after presenting an action to the principal debtor to recover the outstanding part of the debt from another obliged person. Subsidiary nature is, for example, the responsibility of parents or guardians for harm caused to minors, and the responsibility of the guarantor under the guarantee contract.

D) mixed - civil liability for failure to perform or improper performance of the obligation through fault of both parties.

Exemption from liability is possible in the absence of conditions of attraction to it, if:

1) failure to perform the obligation and causing harm were lawful;

2) there are no losses to be reimbursed;

3) losses are not in a causal relationship with the behavior of the responsible person;

4) there is no fault of the offender (except cases when the law or contract provides for liability regardless of guilt).