Legal Encyclopedia. Letter O

COMMITMENT of the injury

- Civil legal obligation by virtue of which one person (the victim, the lender) is entitled to claim from another person (the causer of the debtor) to restore the previous condition or damages.

Subjects of obligations: the victim (the creditor) - a person who has suffered harm, and in case of death of the person - the person specified in the law; the debtor - the person who caused the damage or the person responsible for the damage. The law of compensation for harm duty may be imposed on a person who is not a tortfeasor.

Subject composition may undergo significant changes. It can happen replacing both the debtor and the creditor (for subrogation, regress, hereditary succession).

The subject of the reimbursement of harm -action debtor, providing the most complete recovery of material and personal intangible lender benefits, which harmed.

Terms of occurrence of obligations owing to injury:

1) availability of harm - nullifying or impairing the personal or property benefit. The damage can be expressed in the destruction of or damage to inventory property, loss of profit, deprivation or reduction of the victim's ability to work, death of the breadwinner, the additional costs to ensure the victim's vital functions as a full-fledged person, causing physical or mental suffering;

2) the wrongfulness of conduct - a violation of another's subjective right without proper for that purpose. If the damage is caused by accident, the wrongfulness of there, but the responsibility will not occur due to a lack of guilt, which is necessary for the whole of the offense;

3) a causal link between the unlawful conduct of the causer and matured injury;

4) wine causer which is presumed. Tortfeasor may be exempted from the duty to compensate harm, if he proves that the harm was caused not through his fault. The damage caused to the person or property of the citizen, as well as damage caused to the property of a legal entity shall be compensated in full by the tortfeasor. It can be compensated in monetary form or another.

The Act provides for the payment of the cases over compensation for damage (if damaged health or causing death), as well as cases reduce the amount of compensation (damage in the state of emergency).

The compensation of damage may be refused if the harm was caused at the request or with the read out of the victim, and the actions of the tortfeasor does not violate the moral principles of the society.

In cases where the obligation to redress is a measure of responsibility, it is based on the composition of the offense (full or truncated).

The full composition includes: harm, guilt, illegality and the causal link; truncated structure - harm wrongfulness a causal relationship. Thus, based on the commitments of the injury in some cases is part of an offense (full or truncated); in other cases - other conditions that are part of the offense do not form. Therefore, it is necessary to distinguish the conditions for the occurrence of responsibility for causing harm and conditions of liabilities due to injury, non-responsibility measures.