Concept and types of legal constructions of civil liability

Автор: Desyatnikova Ekaterina Aleksandrovna

Журнал: Симбирский научный Вестник @snv-ulsu

Рубрика: Юриспруденция

Статья в выпуске: 3-4 (41-42), 2020 года.

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Thearticle analyzes the topical issues of formation of the Institute of civil liability in the system of Russian law. The author defends the position that this institution consists of legal norms regulating the formation and application of legal structures of civil liability. As a result of the study, the author concludes that the content of legal structures of civil liability is understood as special models formed on the basis of the principle of the system of Russian law and containing normative material on the grounds, conditions, mechanisms of civil liability. The classification of the mechanisms of civil liability of a legal entity for its obligations into certain types can be carried out according to various criteria. Depending on the basis of occurrence, a distinction is made between contractual and non-contractual liability. Contractual liability is a sanction for breach of a contractual obligation. Noncontractual liability occurs when the appropriate sanction is applied to the offender who is not in a contractual relationship with the victim. A type of non-contractual liability is tort liability arising from harm. Liability can be classified into types depending on the plurality of legal entities on the side of the debtor. If several persons are involved on the debtor's side, the issue of the amount of responsibility of each of them is decided depending on whether the obligation is shared, joint and several or subsidiary.

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Legal liability, civil liability, property liability, grounds of civil liability, conditions of civil liability, mechanism of civil liability

Короткий адрес: https://sciup.org/14117540

IDR: 14117540

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