RESPONSIBILITY OF THE PROVIDED PERSON AS A DAMAGE CAUSED BY ROAD TRANSPORTATION AID

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RESPONSIBILITY OF THE PROVIDED PERSON AS A DAMAGE CAUSED BY ROAD TRANSPORTATION AID

Journal Title: Судова та слідча практика в Україні - Year 2018, Vol 7, Issue

Abstract

The responsibility for the damage caused lies with the guilty person who caused the damage, taking into account the exceptions specified in the legislation. Exclusiveness can be caused by a number of factors: capacity, performance of work within the labor function during working hours, exploitation of a source of increased danger, civil liability insurance, etc. In determining the limits and extent of responsibility of the person guilty of harm, it is important to correctly determine the subject structure of the participants and factors that affect the nature of the legal relationship that has developed between them. In the event that the injured party is injured as a result of traffic collision with the participation of two vehicles, then drivers of both vehicles are joint debtors and are obliged to compensate the injured person for damage. After that, the legal relationship with the injured person in respect of compensation for damage is terminated. However, the relationship between the joint debtors continues until the final settlement between the parties. Provided that only one driver is found guilty of traffic collision, he is obliged to compensate the driver who is not guilty of traffic collision for the sum of the amount paid to him by the victim. A joint debtor who is not guilty of traffic collision, having compensated part of the damage to the injured person as a result, also received damage from the fault of another driver, and therefore has the right to demand from the guilty driver compensation in the order of recourse, which does not contradict the rules of a special delict. In order to avoid controversial court decisions, we consider it appropriate to supplement Part 2 of Article 1118 of the Civil Code of Ukraine with the following sentence: “In this case, the joint debtor, who has repaid the joint damage, has the right to demand from each other contributors the damage the share of the compensation paid to the victim in the size corresponding to the degree of blame for each of the debtors”. This change will not extend the rights to the parties, but will allow the right to implement with the reference to one article, rather than a series of articles, which today complicates the realization of the right.

Authors and Affiliations

О. Л. Кучма

Keywords

harm delict indemnity regress solidary debtor victim insurer responsibility guilty person

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EP ID EP668557
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