What Is Civil Liability

What Is Civil Liability
What Is Civil Liability

Video: What Is Civil Liability

Video: What Is Civil Liability
Video: What is a Civil Liability? 2024, May
Anonim

The existence of any state today implies the presence of a developed legal system. Ensuring the rights and freedoms of citizens is based on the concepts of legality, illegal acts and responsibility for them. One of the types of liability is civil law.

What is civil liability
What is civil liability

Civil liability is a special type of legal liability. In the general case, it arises as a result of non-fulfillment or improper fulfillment of any duties prescribed to a person by civil law, which entails a violation of the personal non-property or property rights of individual citizens, their groups, as well as organizations. The forms of this type of liability, the conditions for its occurrence and penalties are regulated by the Civil Code of the Russian Federation.

Civil liability consists in the application of coercive measures to the offender through the implementation of a special kind of legal relationship between him and the competent state authorities. The purpose of these legal relations is to impose on the offender the obligations to carry out actions established by law or contract in favor of the state, another person, a group of persons or an organization. These actions are usually expressed in the need to pay a fine, compensation for damages, payment of a forfeit or penalty, loss of a deposit. This is called a form of civil liability. Thus, this type of liability is purely compensatory in nature and is exclusively property.

The implementation of civil liability is based on several important principles. They consist in full compensation for the harm caused by the offender or a group of offenders, the inevitability of the onset of responsibility itself and its individualization, that is, a reasonable consideration of the factors, forms and danger of the damage caused.

There are several general conditions that are present in all corpus delicti, as a result of which civil liability arises. They imply the presence of losses or a causal relationship between illegal behavior and the occurrence of losses, the presence of the offender's guilt, illegal actions consisting in the violation of someone's rights or failure to fulfill obligations. All special aspects are stipulated in the Civil Code of the Russian Federation.

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