Civil liability: the concept and features
In modern legislation, there is such a term as civil liability. Her role is quite significant. She is one of her compulsory features, namely: government coercion, applying condemnation and other negative adverse consequences to offenders by subjects authorized for these actions.
Concept and varieties
Civil liability is divided into two forms:
- Negotiated. The reason for it is a violation of the terms of any transaction. And, as a result, the application of sanctions against such violators, which would ensure the fulfillment of the obligations previously assumed by them at the conclusion of an agreement.
- Non-negotiable. It includes the responsibility of an unscrupulous subject in the invalidity of the transaction.
The very concept of civil liability arises at the time of determining the type of punishment for the offender. This is an important nuance.This can be either an additional obligation of a corresponding nature, or deprivation of certain rights that previously belonged to him. It all depends on the degree of guilt. In the case of additional burdens for the offender, this responsibility almost comes when the debtor reimburses the creditor for the losses suffered by the latter as a result of negative consequences for the untimely fulfillment of obligations. Such consequences would be absent if the contractual terms were met completely and without violation. Such sanctions are a kind of incentive. As they influence the participants of the process and contribute to the prevention of future similar offenses.
Terms of civil liability
- Illegal behavior of the subject.
- The presence of harm or loss.
- Causal relationship between unlawful behavior and adverse effects that have occurred.
- The presence of guilt.
There is a general rule when the presence of all the listed conditions provides for the formation of a corpus delicti.
The concept of illegal behavior
This term implies an action that violates the prescriptions of the legal norms or the terms of the contract authorized by law. This is important to know. In civil law, the concept of wrongfulness is broader than is customary in other legal fields. This is a reliable fact. Sometimes the law combines the concept of wrongfulness with the implementation of non-compliance with certain norms of morality. This complements the essence of this term. Thus, it is recognized an illegal transaction, which is concluded with the goal, deliberately opposite to the basics of the rule of law and morality.
Definition of harm
This implies the diminution of property or personal good. Harm can be moral or material. The latter is a loss of property: a damaged item, loss or reduction of income, restoration costs. Such harm can be repaired in kind or compensated by money. That is, in other words, refers to damages. Responsibility for violation of the obligations specified in the contract comes regardless of the presence of harm or damage.Thus, an overdue transfer of goods entails consequences in the form of a fine, regardless of whether the buyer has a loss or not. Guilt is a subjective condition of legal liability, as it is viewed as a subjective appropriate attitude to unlawful behavior. For this reason, a mentally ill or young person who is not aware of his actions cannot be considered guilty. This should not be forgotten. In a contractual relationship, a certain official subject should not be blamed, since the offense is considered a legal person.
The causal link between the wrongful act and the harm
She is always objective. This is a real interrelation of phenomena, and not an idea about it. Therefore, it can be said that under similar conditions a similar reason will always produce the same consequences. Only direct damages are indemnified, but not indirect. The civil law legislation establishes such a category as the presumption of guilt. That is, it is the offender who is given the opportunity to refute his involvement in the wrongful act. Losses can also be caused by an action such as force majeure.This circumstance must also be taken into account.
Force majeure - the cause of exemption from liability
In this case, extraordinary circumstances beyond the will and actions of the parties to the contract are envisaged. They are floods, earthquakes, military actions, epidemics. The circumstances of the commercial risk are not included in this list. Therefore, they will not be grounds for exemption. It should be remembered that if force majeure circumstances are manifested, then the parties should notify each other about it as soon as possible. Also, these circumstances must be documented and attached to the notification of the beginning of force majeure actions. This is important. If the parties did not take care of the collection of such documents, it is considered that there was no force majeure. As a result, the violator of the agreement, despite the obvious fact of absence of guilt, still have to bear some responsibility. Therefore, such a turn of affairs should not be allowed.
Civil liability for failure to fulfill a monetary obligation
Consider this position in more detail. Responsibility for non-fulfillment of monetary obligations is enshrined in Art. 395 of the Civil Code of the Russian Federation. On the basis of this article, the debtor pays interest, referred to as a forfeit, for the use of appropriate funds, if those are not returned on time or were deducted improperly. Payment is made in the amount of the discount rate of the Central Bank of Russia. Foreign cash funds tend to grow when they are used in property circulation. If the recovery of the debt amount is carried out by the court, then in this case the size of the interest rate and the period of use of the amount can be changed at the discretion of this body. It so happens that the losses incurred by the injured party exceed the amount of interest. In this case, the court may review the amount of the debt. The period when interest is charged for the use of foreign funds ends with the day of the actual payment of the entire amount. It is important to know. At the same time, the amount of such amount is determined and debited from the debtor’s account by the bank in accordance with a court decision.
Based on the foregoing,that civil liability is a measure of punishment that is applied to the violator, either by imposing on him additional duties of an appropriate nature, or by depriving him of opportunities Therefore, in order not to fall into the category of the accused, it is necessary to strictly observe the terms of the contract.