FEATURES OF THE CIVIL RESPONSIBILITY OF THE BORRIS FOR THE ACTION OF THIRD PARTIES (ST. 618 OF THE CC OF UKRAINE)
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to the analysis of the legal nature of this type of responsibility as the responsibility for the actions of a third person (Article 618 of the Civil Code of Ukraine). The author pays much attention to the notion of civil liability, as well as to third parties as a legal category, in particular, the features that are characteristic for such subjects of civil legal relations are distinguished. As a result of the analysis of the forms of participation of third parties in the obligatory nature of relations, and in general, the characteristics that are characteristic of such entities it is concluded that the investigated type of civil liability arises in the presence of appropriate conditions within the legal relationship, which is mediated by the implementation of the duty of the debtor to a third person (Part 1 of Article 528 of the Civil Code of Ukraine). At the same time, the participation of third parties in the performance of duty instead of the debtor in their own interests (Part 3 of Article 528 of the Civil Code of Ukraine), due to the specificity of such relationships, excludes the onset of the type of liability considered. Appropriate amendments and additions to the Central Committee of Ukraine are proposed.
Authors and Affiliations
О. Я. Кузьмич
Keywords
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