As a rule, responsibility in the legal senseinhabitants is expressed in the performance of certain actions, the duty of execution of which is provided by the state. How true is this statement, when it comes to such a legal institution as civil liability?
The concept of civil liability
In the legal literature there are different approaches to what civil responsibility is. And, first of all, the division is based on the signs of positivity or negativity.
According to the opinion of jurists,responsibility in a positive sense should be considered such a state of the debtor, in which he undertakes and fulfills his obligations. On the contrary, civil liability in a negative sense is viewed as the debtor's carrying a certain penalty related to the violation of the rules of due behavior.
However, a deeper understanding of what is meant by civic responsibility is promoted by studying its main features, to which the following are cited:
- a special type of legal responsibility;
- this kind of responsibility implies only the property punishment of the debtor;
- in this case, the debtor as a person should not be punished (for example, enforcement of forced labor);
- Whichever right is violated (personalnon-property or property), the punishment should be expressed exclusively in the property equivalent, which appears either a strictly specified thing or its monetary equivalent;
- debtor-creditor relations are built on terms of equality.
Thus, civil liabilityrepresents a special special kind of legal responsibility in which the relationship between the creditor and the debtor is of an equal nature and is displayed only in the property equivalent.
Forms of civil liability
Investigating them, it should be remembered that always refers to the use of the term civil liability in a negative sense, i.e. then, when the harm has already been caused.
Science and legislation share 3 forms of civil liability:
- loss of deposit;
- compensation of losses;
- Payment of forfeit.
Loss of deposit - applies only when the contract provides for the possibility of using it as a security for the transaction.
Compensation for losses is the mosta common form of the responsibility in question. It consists in the fact that the debtor undertakes to reimburse the lender not only for the damage suffered by him, but also for the lost profit. It is true that the lost profit is compensated only if there was a commercial element in the legal relationship.
Payment of forfeit is a kind of"Safety element" of all commercial contracts. In the case under consideration, emphasis is placed on compensating a strictly defined amount of money in circumstances where proper performance of obligations has not been accomplished. Also, this duty may include the obligation to pay a certain amount of money in the unlawful use of third party funds.
Types of civil liability
Regarding this classification, it will be fairtake into account its division into two types: non-contractual and contractual. Such types of civil liability are due to the use of different grounds for their occurrence.
As the name implies, the contractualresponsibility is based, first of all, on the contract and its terms. This circumstance seems to be important, since the text of the treaty itself establishes what to consider a violation, in what cases and in what amounts will the liability be calculated. Non-contractual liability arises from tort and unjustified enrichment.
There are also other classifications:
- by the number of participants on the part of the debtor - shared, solidary and subsidiary;
- direct, recourse and mixed - depends on who was harmed.
Apparently, the institution of civil liability is an effective way of reimbursing material harm without affecting the debtor's personality.
