THE LIABILITY PRINCIPLE REALIZATION AT THE INSTITUTE OF INDEMNIFICATION
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 2
Abstract
In the article the analysis of doctrinal approaches to definition and establishment of the delinquent's fault as conditions of civil responsibility is carried out, expediency of differentiation of forms and degrees of fault for effective implementation of responsibility measures,of indemnification, in particular, is proved. In contractual obligations objective assessment of the expressed act of the offender is more adequate. It is possible to prove intention at inaction hardly differently than by definition of that, there was a real opportunity to act. That is not the potential possibility of assessment by the debtor of the actions and their harmful result, and objective assessment of real behavior of the debtor is subject to assessment, that is whether the debtor had an opportunity to execute the contract on these conditions and as it realized this opportunity. Of course, objective assessment of behavior of the debtor has to be based on certain characteristics of due behavior which can be categories “rationality” and “conscientiousness”, “justice”. If to take such characteristics as degree of care and discretion necessary on character of the obligation as a basis of signs of innocence and taking into account turn conditions, then rough imprudence can be defined as not shown by the debtor the least degree of care and discretion which could be expected from any participant of a property turn, and easy imprudence and can be defined as rejection by the debtor of elementary measures for the purpose of appropriate performance of obligations. If advantage of the psychological concept it is obvious to qualification of fault in delictual obligations, then in other legal relationship application of subjective characteristics is represented difficult, at least so far as concerns the legal entity and also in case of violation of contractual obligations at that it is more adequate to estimate objective characteristics, leaning on model of the expected behavior (care degree). The question of expediency and admissibility of existence within branch of civil law of two concepts of fault can be a subject of further scientific research.
Authors and Affiliations
M. S. Fedorko
Keywords
Related Articles
- EP ID EP327484
- DOI -
- Views 42
- Downloads 0
м
In the article features of intellectual property right on objects of the space researches conducted both Russian Federation and other countries studying space are defined; aspects of change of the legislation in connect...
HUMAN RIGHTS ON THE INTERNET: SELECTED ISSUES AND THE BASIS OF INTERNATIONAL LEGAL REGULATION
The article deals with topical issues such as the international legal regulation of certain aspects of human rights protection on the Internet, particularly the right of the life and e-mail privacy’ and also questions co...
Presumption of Innocence in the Interpretation оf the European Court of Human Rights
The article deals with issues related to the interpretation of the principle of presumption of innocence by the European Court of Human Rights. The general character problems are highlighted. The practice of the European...
THE BASIC PRINCIPLES AT WORK BEHIND THE DRAFT LABOR CODE OF UKRAINE
The article investigates the main principles of legal regulation of labor relations for the draft Labor code of Ukraine. This system is analyzed for compliance with fundamental principles and rights of labour, what are p...
MUNICIPALITY: CONSTITUTIONAL AND LEGAL ASPECTS
The article is devoted to the study of the legal status of municipal authorities in the system of constitutional and legal relations. The concept of power as a social phenomenon in the development of the state is argued,...