THE FEATURES OF A CAUSAL RELATIONSHIP IN THE TORT LIABILITIES DONE OWING TO ILLEGAL ACTIVITY / DIVERGENCES OF JUDICIAL AUTHORITY BODIES
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 1
Abstract
Abstract In the article there is proved the conclusion that any of theories of a causal relationship, that are known nowadays, cannot be unconditional chosen as the main and such, which considers all cases of causing damage by illegal activity / divergence of judicial authorities. Therefore at disclosure of features of this condition of emergence of the tort liabilities done by bodies of judicial authority - situational approach prevails. In cases of tort liabilities done by bodies of judicial authority, the injured person has to prove existence of a causal relationship between illegal activity / inaction of the appropriate judicial authority (the judge, judges) and the done harm, that is, this communication has no regulatory character. In case of infliction of harm to the person as a result of illegal activity / divergence of judges at joint consideration of the case, such harm has to be compensated in full from special savings accounts for means with the corresponding purpose of the specific judges who are a joint part of court in a share which is defined by a court decision, and in case of impossibility of its definition – is solidary irrespective of whether the behavior of the specific judge the equivalent or alternative reason of infliction of harm for the person was. That is, owing to the rule “all doubts are interpreted in favor of the injured person”, on plurality of acts, each of which potentially could be the sufficient cause of infliction of harm, each of them is separately presumed as the possible reason of this damage under a condition if it is actually impossible to define precisely the concrete act which caused damage to the injured party. If in case of plurality of acts any of them died the reason of the done harm in general or in its essential part, then those from them most of which likely promoted (even if it is insignificant) to causing this harm, are presumed such which caused it in equal parts (a so-called uncertain partial causal relationship). An exception of these rules and the basis of an exception of a tort liability of the judge at joint consideration of the case is expression of dissenting opinion by it which differs from the illegal solution of most board of judges.
Authors and Affiliations
S. V. Kulitska
Keywords
Related Articles
- EP ID EP327408
- DOI -
- Views 54
- Downloads 0
LEGAL NIHILIZM: HISTORICO-PHILOSOFHICAL ASPECT
Historico-philosophical aspect of the category «legal nigilizm», its origin and peculiarities are researched in this article.
SERVICES AS THE OBJECTS OF THE CIVIL RIGHTS
The definition of the concept “services”, the delimitation of the last from contiguous categories, the clarification of characteristics of services as the objects of the civil rights are the problems of the scientific a...
LEGAL REGULATION OF THE USE OF ASSISTED REPRODUCTIVE TECHNOLOGIES IN UKRAINE: PROBLEM ASPECTS
The article is devoted to the definition of the main problem aspects in the field of the use of assisted reproductive technologies. It was made an analysis of the norms of the current legislation of Ukraine, the result...
CUSTOMS REGIMES IN SHIPBUILDING AND TREIR ADMINISTRATIVE-LEGAL REGULATION
The article investigated topical issues introduction of customs regimes, which is due to the need to establish a certain status goods, moved across the border to prevent of their chaotic importation and exportation of an...
The Civil-Law Ways of the Support of the Commercialization of the Intellectual Property in Russia
The author of this work dwells on the interconnection of objects of intellectual activity and innovations, as it rightly believes that the protection of the rights of the innovation process must be viewed through the pri...