LEGAL ASPECTS OF THE PARTICIPATION OF THIRD PARTIES IN OBLIGATIONS FOR COMPENSATION FOR HARM CAUSED BY MINORS
Journal Title: «Приватне та публічне право» - Year 2017, Vol 4, Issue
Abstract
This article is devoted to the analysis of the specific nature of the obligation to compensate for damage caused by minors, for the possibility of participation in such relationships with third parties as subjects of civil law. The legal nature of the obligation to compensate for damage in general and the liability for damages caused by minors in particular are analyzed. The attention was drawn to the legal relationship with the participation of additional (subsidiary) debtors, in particular, it was concluded that the additional (subsidiary) debtor as a subject of civil legal relations is properly identified, operates in the relevant legal relationships from his own name or name, can possess, in addition to subjective responsibility and subjective rights, which depends on the specifics of the additional and main (main) civil law relationships, which are mediated by his participation, exercising which has the ability to influence the dynamics (movement) of the main (main) civil legal relationship. According to the results of the scientific research, it was concluded that among the non-contributory obligations of indemnification, only obligations arising out of delinquency committed by minors can be considered as those that mediate relations with the participation of third parties, where as the latter under certain conditions their legal representatives may act as additional (subsidiary) debtors. In this case, the additional (subsidiary) debtor becomes such a person directly from the moment of the occurrence of this obligation. The basis for such an obligation as a form of civil legal relationship is the composition of the legal facts, namely the commission of a minor by a minor, as well as the inability to fully compensate for the damage caused to him. Being a third party, an additional (subsidiary) debtor is in direct legal contact with the minor as the principal debtor. The emergence of legal relationships with the participation of third parties may be mediated as a rule of law, and contract, while relating to the type of obligation, then their occurrence is mediated exclusively by the rule of law.
Authors and Affiliations
О. Я Кузьмич
Keywords
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