Nutrition about the liability of tort and contractual liability may be of great importance, not only for the purpose of the sphere of dermatological stagnation, but also for the recognition of the peculiarities of both types of civil and legal liability.
Agreement and delinquency may instruct hot rice. Їх podіbnіst zumovlenа tim, scho vstanovlennâ ієї іnshої vіdpovіdalnostі vіrіshuєє zagalne zavdannya zahistu khistu hromadyan's rights ta legal issues, ensuring the rule of law and the rule of law in support. The similarity is manifested in the ignorance of these kinds of principles and understandings, sometimes in the same legal regulation of the intelligibles (understand the evidence, provide an indication of the validity of those others.).
At the same time, delinquency may be special. Social and economic factors lie at the basis of the powers between the contractual and tortious cases. The contractual validity is recognized for ensuring the normal course of circulation and exchange, stimulating accuracy and clarity in the vents, which are regulated by law. The delinquency is straightened out by the creation of economic equivalence in times of damage to the subjective rights of the citizens, and legal ones. The difference in social and economic arbitrariness of the contractual and delinquent viznaє і vіdmіnnostі juridical facts that give rise to viviо vіdpovіdalnostі. The contractual vіdpovіdalnіst spirals on vіdnosne pravovіdnosiny, scho іsnuіє mizh borzhnik i lender. Tse zavzhd v_dpovіdalnіst before upovnovazhenim participant іsnuyuchogo goiter's legal justice. Navpaki, delinquent vіdpovіdalnostі not pereduє whether it's obov'yazok specific individuals. Vaughn is based on the facts of unlawful acts committed, as an encroachment on absolute rights: on the life of that healthy community, the right of power.
The axis of which is delinquently viable in front of any special person, is agreed only before the party in the agreement.
The task to stand in front of the skin of these types of evidence, determines the nature of the legal norms that have been established for compliance with the law.
The norms that regulate the contractual validity are more importantly dispositive; the norms that establish liability for a delict are imperative. Goiter's yazannya іz zapodіyannya shkodi є goiter's yazannyam іz the law, but they can't know whether there are any changes in the contractual order. At the agreed vіdnosinah, think of the vіdpovіdalnostі, її pіdstav and between the sounds are restored to please the parties.
A change of minds, for the obviousness of such, there is a viability for violating the contract and subjugation of shkodi, however. However, the substitution of these minds and the interpretation of their wisdom are not always avoided. Contractual viability is established for the duration of the creditor's debts. And here it can turn around at the payment of a penalty (penalty, fine). At that very hour of Skoda, there is no control over mental tort liability. No meals are given for the daytime.
Protipravnistnost is more widely interpreted in the sphere of vіdnosin, which is blamed on the contract. At the borders of the contract, the law is violated like legal norms, like it is typical for delicts, and if it’s any action, don’t superstitrate legislation, please the parties.
Vidpovidalnist for dії tretіh osіb peredbachena both norms about contracts (ST.403 of the Central Committee of Ukraine), and about delicts (Articles 1073, 1074,1076 of the Central Committee of Ukraine). Ale yakcho contractual agreement before the creditor we stand for the fault of the third person and for the guilt of the barman, then the liability for the delict of the third person is established only for the obvious fault of the subject of the fault. The difference between the contractual and tortious vіdpovіdalnіst is explained by the fact that at the goiter's contract, the creditor is obliged to swear by the singer, which is either himself guilty of vikonati goiter, or if the order is ordered, the third person the rest.
From the position of the connection between the debtor and the creditor, in the case of legal rights, it is explained that the fathers (usinovlyuvachi), pikluvalniks, who gave the right to lay down the contract with an incomplete special, as it reached the 14th century (Article 26 of the Central Committee of Ukraine), for non-violent vikonannya of which the contract is not complied with. The reason (letter) of the appointment of osib is given to the contract of non-fulfillment necessary legality, but not the basis for attracting fathers, but osib, if they are replaced, until the validity of the contract.
"Agreement establishes a svyazok between persons, as if they laid yoga. The legal sv'yazok between the head of the shkod and tolerated is established by the very fact of the subdivision of the shkodi" Bilyakova A.M.
The principle of total exoneration of shkodi, which is the beginning of the equivalence of civil-legal vodnosin, zumovleny vikoristannya commodity-penny form, dіє yak dоgovіrnih, і delictny vіdnosinakh (Article 393 of the DC of the Russian Federation and Art. 1064 of the Russian Federation).
At the same time, this principle is implemented differently in different situations. At agreed credits, zocrema, admissible transfer of the increase in the amount of credits incurred by the creditor (if the penalty is greater for the increase in credits and is not changed to Art. 333 of the Central Committee of Ukraine).
Changing the scope of the vіdpovіdalnostі is possible subject to please the parties to the agreement. The parties may transfer the waiver for vikonannya that vykonannya of such obligations, for which the law is not transferred.
Pozadovirna shkoda v_dshkodovuєtsya at the rozmіrі її zapodіyannya. Blame from this rule is admissible only for a direct statement to the law (Article 1083 of the Central Committee of Ukraine - the guise of blame for the victim).
Vikonannya goiter on the basis of a contract in kind, ensuring normal operation government activity. At the link with the cim, the legal bones are vibrated; The stench can be transferred to please the parties. However, do not use the right methods to secure the blowing of the natural shkodi, addicted to delict.
Vіdpovіdno to st. 1082 of the Civil Code of the Russian Federation, the choice of the method of blowing the shkod is given to the legal authority (the court, arbitration court), although the victim’s interest was protected with greater efficiency, such a choice was given to the victim.
Tse vіdpovіdalo bі the principle of dispositivity in civil process, apparently, to which object I call is recognized as positive, and not by a legal body.
The law (Article 1083 of the Civil Code of the Russian Federation) allows for the possibility of changing the rozmіru vіdshkoduvannya shkodi, zapodіyanoї hromadayn, fallow in yogo mine camp. Such a rule is not transposed by the norms of contracts. It is explained to us that the worker at the goiter is on the basis of the contract for a long time, rozrakhovu his ekonomіchnі mozhlivoє, plan іyalnіst.
Nevikonannya contract, as if it weren’t viklikana furnishing, so you can’t lie down like a borzhnik, you can’t be unfit for a new one.
Navpaki, for a hulk, like a head of shkodi, his rozmir can appear not only unsustainable, but also to economical possibilities, which he does not show, but to that he is very tight. Tarakhov V.O. Vіdpovіdalnіst for radyansk civil right. Saratov, 1973, p.23.
Vіdpovіdalnіst vіdpovіdіlnіst vіknennya goiter'yazannya z contract with a multiplicity of osіb for the barber, shares are transferred, looking at those who, due to viknennya goiter's obligations, the co-debtors sign a degree of their participation in the new one. And the resistance of the opponents of shkodi is solidary (Article 1080 of the Civil Code of the Russian Federation). Bozhniks-causes of shkodi enter at the right vіdnosini z tolerpіlim (creditor) less than zapodіyannya shkodi. Until this hour of the day, there are no signs between the indicated persons. To protect the interests of the victim, the right to choose a barber is given (removal).
For delinquent and contractual goiters, the guilt of the victim (creditor) is insured in a different way. As for the first time, the expansion of the blow of shkodi is only rudely negligent (Article 1083 of the RF DC), then for the other, the creditor’s fault is accepted to the point of respect (Article 404 of the DC of the RF). Zvajayuchi on those that the creditor pov'yazaniya z borzhnik please, vіn rozrakhovuє on vikonannya remaining goiter, and in a vidpovіdny rank organize their activity.
To that, on the rozmir zbitkіv, zavdanih yomu borzhnik, vplyvaє be-like the world of yogo vlasnoї blame.
Zapodіyannya shkodi for the victim in a delinquent goiter due to insufficiency, after which, to the point of respect, only rude negligence is taken.
Vidpovidalnost of a borzhnik at goiter under the contract for the presence of a fault of a creditor may be less changed (Article 404 of the DC RF), just like a delinquent goiter is allowed as a change, and the fold of the viability of a borzhnik (Article 1083 of the DC RF). At st. 404 of the Administrative Code of the Russian Federation, the right was transferred to the court to change the rozmir vіdpovіdalnosti borzhnik, as the creditor navmisne or because of negligence having taken the zbіlshennya zbіrіv zbіkіv, zapodіyanyah nevykonannyam or nezalezhnym vykonannyam, or not live prudent entry for їх izmenshennya. The price is secured on the vіdnosini, as per the contract. At one time, it would have been possible to zastosovuvati and to vipadkіv vіdpovіdalnostі for zapodіyannya shkodi. Behavior of the victim, if you can change the rozmir of the head of the yoma zbitkiv, but not to rob someone, you can’t ignore the right.
Delіktna vidpovіdalnіst - tse vіdpovіdalnіst zapodіyana pozadogovіrnu shkoda. Її understanding is formulated in Article 1064 of the DC of the Russian Federation: shkoda, zapodіyana osobistosі or the lane of a huge man, as well as shkoda, zapodіyana the lane of a legal person, to lie in a completely obsyazі special, like a shkodi manager.
Substantiating the tortious validity is a legal fact, which means that the subjective right of the victim has been violated - the presence of shkodi. Umovi vіdpovіdalnostі - tse zaznachennі vіdpovidalnostі vіmogi, scho characterize pіdstavu vіdpovіdalnostі і nebhіdnі dlya stosuvannya vіdpovіdnih sanktsіy. In such a rank, pіdstava ta mind vіdpovіdalnosti - closely vzaєmopov'yazanі category. In literature, it is important that the understanding of the "basis" and "cleverness" is often combined and gradually get used to it like that.
A number of authors claiming the “warehouse of the bulk of the law enforcement” in the sensibilities of the conglomerate of deep, typical minds, the presence of such a necessary charge of law enforcement on the law enforcement officer. In addition, one speaks of the inconvenience of the provision about those that a number of cases of possible "encirclements" (strengthenings) have a civil law enforcement warehouse (for example, if the law transfers the law irrespective of fault, that fault falls out of the number of elements in the warehouse).
Substantiating the civil-legal vіdpovіdality (one and the other), as one of the opponents in the concept of the warehouse of the lawfulness of V.V. Vіtryanskyi, є violating subjective civil rights, fragments of civil law viability and viability of the violator before the victims, її svіlnoyu metoyu є vіdnovlennya vіdnovlennya ravaged right. Ale to be watering water, they are stacked by the civilian -law, the Krim Pіdstavi, the ustitly reckoning law of minds, the caution of the school, the warehouse of the cyvic lawyer, the submarine, was destroyed by the submarine, the submascence of the submarine 'The language of the broken rights and the beats (Skoda), the fault of the broken.
In my opinion, a hundred delinquent goiters, the destruction of subjective civil rights, means the fact of subjugation of shkodi. In such a rank, under the tortious evidence, we should recognize the fact of subjugation of the shkodi myna of a hulk of a legal person, or of non-major benefits - the life, health of a hulk.
In literature, it has become very broad, having taken a look, behind which Skoda is one of the minds of delinquent evidence. However, such a look to revenge the super-accuracy of oneself: if it’s a mistake, then it’s incorrect to say that it’s a mistake for the mental capacity for a mistake. Really shkoda (obviousness of shkoda) possible zastosuvannya vіdpovіdalnosti to the individual, yak violated the subjective right of another individual.
Under shkoda, there are unfavorable for the subject of civil law, the main or non-main heritage, which are blamed for the loss of life, or the ruin of the lane, for lying down to you, and also for the death of a huge person (physical person).
As stated in paragraph 1 of Article 1064 of the RF DC, Skoda can be zapodiya "species" or "main". as a difference between the material position of the victim to the death of shkod and after.
In times of zapodіyannya shkodi special object pravoshennya є intangible benefits - life and healthy people. Ale, when guilty of goiter, such a mischief is taken to respect as the main rank of the main legacy, so that the blowing up of the main mischief is taken. Only in violations, referred to by law, compensation for moral damage is also allowed (clause 1, article 151, clause 2, article 1099 of the RF DC).
Mainovy churn is often called Skoda. For example, Article 53 of the Constitution of the Russian Federation enshrined the right of a citizen to blow money. The DC of the Russian Federation consecutively won the term "Skoda". However, the word "churn" is sometimes victorious. For example, at Art. 1088 of the DC of the Russian Federation, it was passed over to the persons, as they found out about the death of the anniversary.
With the concepts of "Skoda", "churn", the concepts of "churn" stick together. Zbitok is called Skoda (zbitok), turns have pennies. In this rank, the churn is a worthy assessment of the main shkodi.
Self-sufficiency can be understood as "moral Skoda". Іz zapodіyannyam shkodi as a right-handed person can be tied like a major naslіdki, ale y naslіdki, yakі mayyut estimates chi may have an insignificant vartіst.
For the obviousness of shkodi, as a substantiation of tortious evidence for stosuvannya primus entrances to the right-hander, it is necessary to establish the manifestness of the minds of tortious evidence. Stinks to enter the warehouse of the general delicta, tobto mayut blatant meaning and they are squeezing zastosuvannya, as the law does not transfer otherwise.
Wash off the delinquent liability - tse obov'yazkovі zagalnі vomogy, dotrimannya of which are necessary at times zastosuvannya to the right-hander in vіdpovidnyh vіdpovіdalnostі - sanctions, then for primus yoga until vikonannya ob'yazkovі vіdshkoduvat shkoda.
Delinquent goiter and apparently delinquent viability for conspiracy to blame for the obviousness of such minds:
Protipravnist behavior of the individual, yak zavdala shkodi;
Vіdpovіdalnіst Skoda sovereign body
A causal link between the wrongdoing behavior of the manager of shkoda and shkoda, that vinikla;
The fault of the individual, the yak was jealous of the shkodi.
Behavior is recognized as illegal, as if a person, in a different way, violates the rule of law, in another way, at once violates the subjective right of a particular individual. For example, carelessly throwing a metal object, a hulk zapod_yav kalitstvo іnshhom hulk. After that, the norms of objective law about the protection of life and healthy people were violated, and at once the right of the victim to health was violated.
The law comes out of the presumption of the wrongfulness of conduct, which caused the subjugation of shkodi, which abides by the principle of general tort. It seems to be true to the principle that if a child is addicted to a person, it should be looked at as if it were illegal, as the law does not transfer otherwise. From the named principle, the following is also true, that the victim is not supposed to be obligated to bring the opposite of the behavior of the manager of the shkodi, the shards are transferred out.
Протиправна поведінка виражається як у активних діях (наприклад, підлягає відшкодуванню шкода, заподіяна громадянину внаслідок неправомірного використання його імені), так і у бездіяльності (наприклад, у зв'язку з порушенням обов'язкових правил з охорони праці та техніки безпеки на підприємстві відбулося отруєння group of robotic workers with blasting) gas).
In life, situations are often aggravated, if the Skoda is zapodiya, but the behavior of the individual, as the head of the school of Skoda, the law does not know the wrong. behind fire rule, Skoda, zapodiyana by right-handed acts, vіdshkoduvannyu pіdlyagaє. For example, when the fire is extinguished, it’s time to sound the ear, that you are in the zone of the fire, ale Skoda, that you winkla at the link with the cim, do not pidlyagaє vіdshkoduvannyu, as if the fire were zdіisnyuvali within the framework of the rules.
Right-handedness is recognized as a child of a child, which was given to the year of the most injured, as it was expressed by a childish special and willfully (for example, the year of organ transplantation).
Let's expand the trend of the rightful zapodіyannya shkodi є zapodіyannya їх at the camp of the necessary defense. Vіdpovіdno up to Art. 1066 of the DC of the Russian Federation shkoda, zapodіyany at the station of the necessary defense, vіdshkoduvannyu pіdlyagaє, as if at one's own buli were moved between the borders. Crime tsyogo, the law has passed the law, if it is allowed to blow shodi, zapodiyanoї dyami pravomirnimi (Art. 1067 of the Central Committee of Ukraine). The camp of extreme defense is a situation, if you are in charge of the shkodi, they are in the minds of the highest minds with a method of adoption of insecurity, which threatens the very leader of the shkodi or other persons, as if the insecurity for these furnishings could not be taken by others.
The causal link between the delinquency (lack of idleness) of the manager of shkoda and shkoda is the obov'yazkova of the mind of the delinquent delinquency. The causal link is a philosophical category that shows such ob'jective links in nature and the link, in some cases it is the cause, and in others the legacy. The science of public law proponated impersonal theories of causal connection. When examining specific references about the birth of a shkodi, if the conclusion is legally significant, the causal connection is difficult, it is necessary to see that the result may be more reliable, and there are a lot of ner_vnots_n_ for its meaning, the circumstances - minds.
The guilt of the manager of shkodi is one of the minds of the delinquent case. For a long time, the radian literature has been stating guilt as a mental state of the individual before his behavior in the form of carelessness. The general rule about guilt as a mindful delinquency law is formulated with an offensive rank: a person, as if in charge of shkodi, swears in vіdshkoduvannya shkodi, as if you brought it, that shkoda zapodіyana is not to blame (paragraph 2 of article 1064 of the Central Committee of Ukraine). In such a manner, civil lawІsnuє presumption of guilt.
Guilt in civil law may be in the form of us, rude and simple negligence. The form of fault is not significant for the attack (non-advance) of evidence, the mental delict of fault is not a form of fault, but guilt like that. Guilt in the form of namіru pogohaє in navmisnyh dіyah (lack of idleness), which can be straightened out on the basis of shkodi. Guilt in the form of rude negligence and unmanifested dbalivost and obachnosti in behavior; faults in the form of simple negligence transferring lack of proper dbalivosity and obscurity on the right. The prote form of guilt (steps of guilt) embeds a rozmіr (obsyag) of vіdpovіdalnostі, moreover, in different appearances, the steps of guilt and zapodіyuvach shkodi and the victim.
The order of the final rule about guilt as a matter of delinquent liability in paragraph 2 of Article 1064 of the RF DC is indicated for the possibility of exclusion from the new one: the law can transfer the expulsion of shkod and for the viability of the fault the manager of shkod. Such vindications are given by the rules about acts of special delict, for example, about damages for fault, zapodiyanu dzherelnoy nebezpeki (clause 1 of article 1079 of the Civil Code of the Russian Federation); about vidpovіdalnіst for shkoda, zapodіyana by illegal actions of agencies of investigation, criminal investigation, prosecutor's office and court (Article 1070 of the Central Committee of Ukraine).
Next to say what Civil Code Russian Federation plays an important role in defending the rights and interests of the people and the legal professions, as the leader of shkodi. First, there has been an expansion of the spheres of legal regulation of the Main and related non-Main legal rights. So, for example, norms have appeared, which provide compensation for the infliction of moral mischief; in a different way, as before, the staff of this institute knew their enshrined in by-laws, judicial practice, then now the stench knew their own entrenched less on par with the law. Significantly, that the goiter is due to the zapodіyannya shkodi zdebіlshego vregulirovanі in the codification acts; thirdly, away from the legal framework they took away the guarantees of the rights and interests of the masses and organizations, like a leader of shkodi; fourthly, to the guarantee-compensation entries, there were forced entries (art. 1065 of the DC of the Russian Federation).
1. Understanding the basis of delinquency
The substantiation of the delinquency will be a legal fact, which means the violation of the subjective right of the victim, - the manifestation of shkodi. Umovi vіdpovіdalnostі - tse zaznachenі in the law vimogi, scho characterize the pіdstav vіdpovіdalnostі and necessery for stosuvannya іsnuyuchih sanctions. In such a rank, substantiate that mind of the difference - closely related to the category1.
A number of authors claiming the “warehouse of the hromada law enforcement” in the sense of conglomeration of blatant, typical minds, the presence of such Ukrainians is important for the enforcement of the law enforcement officer2. Other authors, criticizing this concept, point to the lack of grounding in the expansion of civil law into the position of criminal law about the warehouse of malice, the introduction of foreign criminal law doctrines into civil law, which may have centuries of tradition3. In addition, one speaks of the inconvenience of the provision about those that a number of possible “enclosements” (strengthenings) have a warehouse of civil law enforcement (for example, if the law transfers the law irrespective of fault, that fault falls out of the number of elements in the warehouse)
1 In the literature, it is said that they understand the “basis” and “smart” often come together and pardon and get used to it like that (div.: Smirnov V.T., Sobchak A.A. .56)
2 Div: Aleksiev Z S. About the warehouse of civil law enforcement // Law Science 1958. No. 1; Matveev G.K.
Varto signify that it represents civil and legal evidence. M., 1970; Kalmikov Yu. X. About the elements of the warehouse of civil law enforcement // Uch. app. Saratov jurid. in-ta. Vip. X. 1962; Ioffe O. S. Vidpovidalnist for radian civil law. L., 1955. S. 94; Maleyn I. S. Mainova Vіdpovіdalnіst vіdnosinі gospodars'kyh vіdnosynyh. M., 1968. S. 22; div. so goal. 13 of the first volume of the right assistant (p. 439)
3 Div: Braginsky M I., Vitryansky V.V. Decree. tv. Z 568.
Осшвашвд"ГражДОйКко-правової відповідальності (єдиним і загальним),""ак"0тетає один із супротивників концепції складу цивільного правопорушення В. В. Вітрянський, буде порушення суб'єктивних цивільних прав, оскільки цивільно-правова відповідальність є відповідальність порушника перед потерпілим, її The tanned meta-bungee of the guaranteed right 1. Ale assigned Danimi to pop up, pushing the binding of the vidpovіdalosti, Krim PIDSTAVI, BROW THE RASISE OF THE LIFE OF THE SMOSISH, YAKI of the CARE. civil rights, the presence of sbitkiv (Shkoda), a causal link between the rights violated by sbitk (Shkoda), the guilt of the breaker.
As much as V. V. Vitryansky’s slander of the “warehouse” of victorious foreign civil law criminal and legal concepts, it is more correct to recognize the idea in the literature about those who understand the “warehouse of evil”, “warehouse administrative offense”, and navit “warehouse of civil law enforcement” to become a different type of the broadest category - “warehouse of law enforcement” without a trace to a specific gallery of law3. Otzhe, you can’t vvazhat that you don’t have anything to sleep and will be strangers to one another.
Turning to the interpretation of V. V. Vitryansky, the concept of “supporting civil and legal validity” as a violation of subjective civil rights, should mean that she deserves to be respected. When you need a sleazy denunciation, the main rank of revealing the understanding of "destruction of subjective civil rights."
Zvіsno well, a hundred tortuous goiters for the destruction of subjective civil rights means the fact of zapodіyannya shkodi. Vyhodyachi from the above mentioned, we come to the point of vysnovka, that under the delict of delictuality, we should recognize the fact of subjugation of a shkodi mine of a hulk, or a legal person, or a non-main blessing of life, the health of a hulk.
1 Div: Braginsky M.I., Vitryansky V.V. Decree. tv. S. 569.
2 Div: same place. S. 570.
3 Div. Aleksiev S. S. Civil law enforcement for non-compliance with the plan of rail transportation M., 1959. S. 49.
Acts of the authors respect the foundation No. Dfajd “ezhm1ravova, incl. Delіktnoi, vіdpovіdalnostі pravovershennya^, Ale, if you do not indemnify, that it is possible to qualify the same behavior as violator of the law, only if the minds of vіdpovіdalnostі, peredbachenih by law, are established.
It should be taken into account that, according to the evidence, the obstructive possibility of stosuvannya, but also for the obviousness of the minds established by the law2. In such a rank, under the delinquency of delinquency, there will be a lawful violation, and in particular the fact of subjugation of shkodi. Wash, necessary for the recognition of the fact of law damage (protipravnіst, causal connection, fault), guilty but revealed (installed) at the time of zastosuvannya zahodіv vіdpovіdalnosti (vіdshkoduvannya shkodі)
In literature, it has become very broad, having taken off the look, it’s possible to be one of the minds of tortious responsibility for such a mistake. Such a glance will take revenge on one's own super-accuracy: if the Skoda is obvious, then it is incorrect to say that the fault (Skoda) will be mentally viable for the Skoda. Really shkoda (obvious shkoda) will be, as it is said, the basis of a possible stosuvannya of the right to an individual, violating the subjective right of another individual.
2. Skoda as the basis of delinquency
Shkoda (the presence of shkodi) will be non-authoritative, obov'yazkovoy substantiated tortious evidence. For the presence of shkodi, food tortious evidence cannot be vindicated4.
1 Div, for example: Malєїn N.S. Lawfulness: understanding, reasons, evidence. M, 1985. S. 130, 133; Smirnov U. T., Sobchak A. A. Decree. tv. S. 56.
2 Div: Tarkhov V.A. Saratov, 1973. Z 33.
3 Div., for example: Civil law. Podruchnik / For red. A. P. Sergeeva and Yu. K. Tolstoy. Part 2. S. 702; Belyakova A.M. M., 1979. S. 7, 27; Smirnov U. T., Sobchak A. A. Decree. tv. S. 31; Radianske Gromadyanske Law / For red. O. A. Krasavchikova. 3rd view. T. 2. S. 353. V. V. Vitryansky to the minds of civil and legal viability also brings the presence of sbitkiv (Shkodi), as vino zagalnyu in the concept of “negative consequences in the main sphere of an individual whose rights are violated” (div.: Braginskiy M.I., Vitryanskiy V.V. Decree, Op.S.
4 Div: Belyakova A.M. legal sciences in the form of scientific dopovіd, as well as the function of the author's abstract. M., 1987. Z. 19.
in view of the understanding of P-civil law, the main or non-main traces, which were blamed as a result of the poshkodzhennya, or the downfall of the main, which lay on you, and also in the aftermath of the death, or the death of a huge man (physical person)
How is it assigned to paragraph 1 of Art. 1064 of the Central Committee, shkoda can be zapodіyana "specialty" or "main".
Zapodіyannya shkodi main (main shkoda) means the destruction of the main sphere of an individual in seeing a change in yoga main blessings and a change in their values. Sometime the main shkoda is recognized as a difference between the material position of the victim to the death of shkod and after1.
At the time of zapodіyannya shkodi individuals, the object of the right will be intangible benefits - the life of that healthy people. Ale, when guilty of goiter, such a mischief is taken to respect as the main rank of the main legacy, so that the blowing up of the main mischief is taken. Less often in the case of behaviors, peredbachenih law, compensation for moral shkoda is also allowed (paragraph 1 of article 151, paragraph 2 of article 1099 of the Central Committee). in. n. Ale order with danim, so that it is not necessary to indemnify the mine’s shkoda, and compensation for moral shkoda is possible (clause 3 of article 1099 of the Central Committee)
Mainovy churn is often called Skoda. For example, the Constitution of the Russian Federation enshrined the right of a citizen to blow money. GK sequentially won the term "Skoda". At any other time, the word “churn” is also used. For example, at Art. 1088 handed over the blowing to the persons, who knew the death of the anniversary. In the literature (with reference to the dictionary of synonyms of Russian language) it is indicated that the word "churn" will be synonymous with the word "Skoda"2.
From the concepts of "Skoda", "churn" stick with the concepts of "churn". Zbitok is called Skoda (zbitok), turns have pennies. Vykhodyachi from the mustache above what has been said, we come to the visnovka, which is overwhelmed - a penny estimate of the main shkodi.
Self-sufficiency can be understood as "moral Skoda". Іz zapodіyannyam shkodi like right-handed people can be pov'yazanі
1 Div. - Molejin NZ Vіdshkoduvannya shkodi, zapodіyanoї osobystosti. M., 1965. Z. 9.
2 Div Tapxoe V A. Vidpovidalnist for radian civil law. S. 141.
Only a few traces, nochtaske ""Legacy, which do not have a penny estimate, but may have an insignificant quality. For example, one person, due to rude non-balance, stole leaves and photographs, like other people lay and were dear to this memory. And the photographs are practically not small, but their loss of the bula is connected with the deep feelings and sufferings of their lord, who in this case was given a moral shkoda. vimagati punishment of an individual, as a result of suffering, experience, mental pain, in a criminal or administrative order, but it is not possible to vimagati a penny compensation. potim at the Central Committee (art. 151, 1099-1101)
Moral shkoda - tse physical or moral suffering, zapodіyanі hromadyanі diyami, scho porushuyut yogo special non-mainovі rights abo zahіhayut on nalezhnі hromаdyanіnі іnshі intangible benefits3.
Such a shkoda pіdlyagaє compensation for the decisions of the court is not independent in view of the one who was suddenly zapodіyana by the appointed judges of the main shkoda. Well, as a result of the declining diy (lack of idleness) caused the destruction of the main rights of the bulky man, then the viniclia with which the moral shkoda inflates more than the vipadki, peredbachenih law.
1 Div: Molem N.S. Shshshnova M. Ya. 1970. No. 1; Kalmikov Yu.X. Irpin. 1965, p. 22; Bilyakova A.M. M., 1972. S. 26-29.
2 Div., for example: paragraph 6 of Art. 7 and Art. 131 Fundamentals of community legislation 1991; Law of the Russian Federation dated December 27, 1991 "On the protection of mass information" // VPS RF. 1992. No. 7. Art. 300; Law of the Russian Federation "On the protection of the rights of citizens" at the editorial office federal laws dated September 9, 1996, dated December 17, 1999
ozyumpenveshgіg moral shkodi steel in Rest of the Rocks Even "tea is a manifestation. In case of this, it is not uncommon to forget about the contraction of grand sums for "suffering", "experience" and "mental anguish". chinnyh rules about compensation for moral shkoda, you can ask so come in. Nasampered, claim (for the blatantness of the law of minds) for the greed of the injured troch more than 5 times the minimum wage. In another way, to collect from the wrecker dodatkovo for the improvement of the level of yoga, blame a penny sum, appointed by the court, to the reproach of the police administration with the method of winning such sums for the financing of institutions for sick children, budinkiv for people of a frail age.
The successors of the public law of the rozvinenye krai state that the payment of pennies as a "destruction" of the Daedalus is more viewed by foreign authors as a "moral humiliation", and the courts are afraid of the practice of vidshkoduvannya moral shkodi. Judges often intersect with the awards of symbolic punishment, which means the condemnation of the offender without paying the victim great (or significant) sums to pay for his suffering, worry too much.
3. Clean up delinquency
For the ostensibility of shkodi, as if stating the delictual validity of zastosuvannya going to the primus to the offender, it is important to establish the ostensibility of the minds of tortious liability2. Wart to respect that they enter the warehouse of the general delict, so that they may be of great importance and zastosuvannya, as the law does not transfer otherwise.
The people of the business of the case is ϶ shop okov’yazovsky, the dotremanny of the Yaki is pervadedly important from the time to the lawyer to the lawyer, the tobto primusiti yogo to the viconnya of the puvo ’school.
1 Div: Kulagin M.I. Evolution of modern bourgeois civil law // Modern public law: trends in the development and interplay of legal systems. M., 1986.
2 Div: Braginskiy M.I., Vіtryanskiy V.V. Decree. tv. S. 570.
3 In each case, the peculiarities of tortious liability are considered as one of the types of civil and legal liability, incl. particularity of the minds of tort liability. Vchennya about the civil-legal viability of the whole to avenge the goal. 13 of the first volume of the right assistant.
Delinquent goiter and its own viability for the conscience of shkodi, which is blamed on the present minds:
Protipravnist behavior of the individual, yak zavdala shkodi;
A causal link between the wrongdoing behavior of the manager of shkoda and shkoda, that vinikla;
The fault of the individual, the yak was jealous of the shkodi.
4. The opposite of the behavior of the manager of shkodi
On the contrary to the behavior of an individual, as if shkodi was responsible, as on the mind’s delinquent delinquency, the Central Committee showed by way of the established rules about those who were shkoda, zapodiya by lawful acts, pіdlyagaє vіdshkoduvannu vіpadki, peredbachenih by law (p. 3 st. 1064, zapodіyana by illegal, illegal acts (as the law does not establish blame)
Behavior is recognized as illegal, as if a person, in a different way, violates the rule of law, in another way, at once violates the subjective right of a particular individual. For example, carelessly throwing a metal object, a hulk zapod_yav kalitstvo іnshhom hulk. As a result, the norms of objective law about the protection of life and healthy people were violated, and at once the subjective right of the victim to health was violated.
The law comes out of the presumption of the wrongfulness of conduct, which caused the subjugation of shkodi, which abides by the principle of general tort. At the link with this principle, be it as a bastard of an individual, or else you should look at it as if it were illegal, as the law did not transfer otherwise. According to the named principle, it is also necessary that the victim is not required to bring obligations to prove the opposite behavior of the manager of the shkodi, the shards are transferred (presumably)
Illegal behavior is most often observed in active children, which was caused by spending in the main sphere of an individual. Ale mozhlivі and shkіdlі і active dії іn the sphere nemaynovyh vіdnosiny. For example, pіdlyagaє vіdshkoduvannu shkoda, zapodіyana huge man in the wake of the wrong name of yoga (clause 5, article 19 of the Central Committee)
Understanding the “behavior of the manager of the shkodi” is slandered as both active and inactive. Idleness is recognized as illegal, as if a person was going to goiter
dilenedectatiida did not hurt anyone. For example, in connection with violations of the obov'yazykovyh rules, the protection of practice and safety equipment at the enterprise caused a group of employees to be poisoned by jet gas. In times of Skoda, it was the result of the illegal inactivity of the administration of the enterprise.
In life, situations often escalate, if the Skoda is bad, but the behavior of the individual, as if the Skoda was in charge, the law does not know the opposite. Behind the wild rule of Skoda, zapodіyana by right-handed acts, do not pіdlyagaє vіdshkoduvannyu. We are right to recognize the swearing of shkodi from the vicons with a special obov'yazkiv, transferred by law, other legal acts and professional instructions. For example, when the fire is extinguished, it sounds like it’s mine, that at the zone it’s hot, but that the vinicla at the link with the cim of the Skoda does not blow the air, as if it were the fire that was at the borders of the designated rules. Similarly, nutrition and depression are worsening, if creatures are living behind the decisions of specific epidemiological services, as a result of the threat of an unsafe infectious disease spreading through them.
We are right to recognize the responsibility of shkodi deya, on whose charge it was given to the year of the most injured, as if it were a childish specialty and without intermediary (for example, a year for transplantation internal organs, shkiri, blood thinly)1. On top of that, the victim’s fortune itself can be rightful2.
We will expand the trend of the rightful undertaking of shkodi to be under the influence of the yogic state of the necessary defense3. Z Art. 1066 The Central Committee of Skoda, zapodiyany at the camp of the necessary defense, did not blow the air, as if they were not moved between them. In times of relocation between the necessary defenses, the Skoda is guilty of being on the high grounds. Zokrema, in case of any fault, to be protected as the steps of the guilty of the victim, who was the cause of shkodi, so it is the fault of the cause of shkodi4.
1 Div: Belyakova A.M. Z. 18.
2 Div: Tarkhov V.A. S. 65.
3 Understanding the necessary defense, zokrema. Understanding the transfer of її between, is given by KK.
4 Div: p. 8 Decree the Plenum Supreme Court RF dated April 28, 1994 No. 3 “About the court practice on the right about the birth of a child, zapodiyanoї ushkodzhennyam zdorov'ya” // VPS RF. 1994. No. 7. S. 3.
In those cases, the presence of preagavdoorashshsta includes the blame for delinquent goiter.
Under this law, having transferred one vinyatkovy vpadok, if it is allowed to blow shkodi, zapodiyanoї rightful acts. Maєtsya on uvazi st. 1067 Central Committee - zapodіyannya shkodi at the station of extreme necessity. The camp of extreme necessity, as if vyplyvaє s abz. 1 st. 1067 of the Central Committee, is a situation, if you are in charge of the shkodi, they are in the minds of the highest minds with a method of inconvenience, which threatens to cause harm to others, as the inconvenience for these circumstances could not be caused by others. Otzhe, they toil for the respect of the right, for they do not violate the law of the day. Skoda, zapodiyana such actions, prote pіdlyagaє vіdshkoduvannyu, oskіlki tse directly peredbacheno law (clause 3 of article 1064, part 1 of article 1067 of the Central Committee)
Tse blaming from the banal rule about the wrongness of the behavior of the head of the shkoda as necessary to the mind of yogo vidpovіdalnosti at first glance can be given incorrectly, but it’s important to swear to the truth of the vіdpovіdalnosti for shkoda on those whose behavior was unreasonable, like not violating the law. In case of need, it is necessary to protect that three individuals take the fate of looking at the windows: a bad boy, a sufferer and a third person, for the melancholy of such a bad boy. The analysis of vinicli s-along with them permits the development of a visnovka, which is even more inaccurate to see the situation as a shkod’s blowing for the violations of the behavior of the shkod’s manager. If one understands the opposite of justice as if it were a violation of legal norms, then the behavior of the manager of a shkodi in this situation can be rightly considered as a thoughtlessness that does not violate the norms of law. However, it was understood that in this case, the subjective rights of the victim (for example, the rights of power, other speech rights) are violated, which is also slandered by the concept of "opposition". Vyhodyachi from the last of what has been said, we come to the visnovka, but from one side, obviously swayed by right-handed actions, and from the other - wrongful (illegal). and do not intersect yoga in all moods in the form of shkodi blowing.
What is worthy of the third individual, at the merest of such a devilish bastard of shkodi, then talk about the opposite of yoga behavior
nya nvkaashteooayavan. Ale sled vrakhovuvaty, scho "third person", impeccably, be zatsіkavlenoy, oskіlki zazіlі zazіlі b sіnnogo slump і mіnі аbo іn nemіnovіh blessov, yakbi htosіl not sleeping threatening yoma nebezpeku. To that, it is fair to lure yogo to the blowing of shkodi, which vinikla from the victim. Vіdpovіdno up to part 2 of Art. 1067 DK obov'yazok vіdshkoduvannya shkodi, zapodіyana at the camp of extreme necessity, may be put by the court either on the third person, on the mercenary of some kind of fiend, like a head of shkodi, or on a person, like a leader of shkodi.
The law of transmission and the third option: the uniqueness of the birth of a shkod and the one who led the shkod, and the third individual. In a similar situation, you may have to spend a lot of patience. A specific option is determined by the court with the correction of the situation, for which the head of shkodi was ordered (part 2 of article 1067 of the Central Committee)
It should be noted that the blowing of a shkod may be of extreme necessity, it is impossible to be seen as a delinquent fault. It’s worth it to hang out and blow shkodi at the station of the necessary defense. In the appointed cases, the opposite is true in the children of the manager of the shkodi and її the behavior is not meritorious for the litigation. Tom DK th in the name, th in the text of Art. 1066 and 1067 the term “relevance” is not alive, but is intermixed with neutral concepts “foreground at the camp of necessary defense” and “foreground at the camp of extreme necessity”.
5. The causal link between the deeds (lack of idleness) of the conscience of shkoda and shkoda
The presence of a causal connection between the connection with the principle of a general delict will be obov'azkovoy intellectual current delinquent delinquency. As if the person in question didn’t give a damn, then it’s turned off. The law transfers the specialty of the zapodiyanoy shkodi, as the head of the shkodi (clause 1 of article 1064 of the Central Committee)
The causal connection is a philosophical category that makes such an objectively significant connection in nature and the connection, in which some phenomena act as a cause, and in others - a legacy of these reasons. The manifestation of such links is a hundred and fifty specific lives of vidnosin, zokrema. and to the point of failure for zapodiyanu Skoda, connected with serious difficulties. The science of public law has proponated impersonal theories of causes
leg zvezku. Vіdomi teoriї umom, nebhіdnoї i vipadkovoї causal svzhshch, rreoriya mozhlivostі and dіysnostі and іn. You can take on a variety of practical tasks2.
As it is correctly stated in the literature, the first value may be the manifestation of the reception of the manifestation of "legally significant causal link, necessary and sufficient for attracting the destroyer to the point of validity"3. When looking at specific information about the death of shkodi, if the conclusion about a legally significant causal link is difficult, it is even important that the given result - minds. The head of the guard is in order to see among them a smut, a virishal, a basic furnishing, as if and guilty, but recognized as a cause. Others, along the way, bear the mind of the present result, and do not be afraid of it. When the assigned task is fulfilled, the judges not only win their own knowledge and opinion, but also get experts, so that fahіvtsіv tsіy galuzі science, technology, virobnizstva, etc. prepared recipes.
The establishment (revealing) of the causal link specific situations it is not uncommon for a pardon to be put in staleness in view of the fact that
1 Div: Novitskiy I. B., Lunts L. A. Zagalne vchennya about goiter. M., 1950. S. 300-319; Matveev G.K. Decree. tv. pp. 97-102; Tarkhov V.A. Vidpovidalnist for the Radian Civil Law. pp. 108-136; Smirnov U. T., Sobchak A. A. Decree. tv. pp. 71-78; Belyakova A.M. pp. 21-26; Ioffe O. S. Vidpovidalnist for radian civil law. pp. 219-235; Braginskiy M. I., Vitryanskiy St. V. Decree. tv. 1997. S. 576-582.
2 V. V. Vitryansky’s thought, which is important, that the concept of a causal connection is expanded in the legal literature “do not superimpose one to one, but, better, supplement one to one, and all without a fault accept the comprehension of the understanding of the causal connection” (div .: Braginsky M.I., Vitryansky V.V. (op. cit. p. 580)
3 Smirnov U. T., Sobchak A. A. Decree. tv. S. 72.
whether>> the action1 of a lawbreaker is guilty. At times, a causal link and guilt - "a difference in the nature of the category: a causal link is obviously objectively, independently from the witnesses of the participants in the legal system, and guilt is a subjective factor, in which the setting of a particular individual is demonstrated before the behavior of us .
6. Guilt of the manager of shkodi yak umova
The principle of viability for fault may be of fundamental importance, the guilt of obov'yazkovym element of understanding the "general delict". Sometimes the law conveys blame to this principle, but the stench cannot be used in order to vindicate the principle itself.
Understand that you will be one of the most controversial in the science of public law. For a long time, the radian literature has been stating about guilt as a mental state of the individual to the point of behavior in the form of namir or negligence2. Such an understanding of the fault was widened and the delict was povіdalnіst. Apparently, until new scientific insights, the interpretation of the fault as a “mental setting” of a bugger is practically useless until such behavior3. Virishuvatnya about guilt and innocence in the most important way by analyzing the position of an individual to its own right and obov'yazkiv. If it is necessary to show the necessary dbailiness and obscurity, if it is possible to be vimagati in the light of the improved nature of the situation, in which it is known and to be, then such a subject should be recognized as innocent by the zapodiya shkodi. Who needs to have a vipadka, if you go about negligence. Guilt in the form of namіru pogaє in navmisnyh dіyah or lack of dіyalnostі, sprаvіvannyh zapodіyannya mаnої shkodі іnshіy іnshіy sobі.
I formulate the general rule about guilt as a mindful delinquent delinquency law in the coming rank:
1 Div: Egorov N. D. The causal link as a legal mind’s legal authority / / SDIP. 1981. No. 9.
2 Div: G.K. Kiev, 1955, p. 178; Ioffe O. S. Obov'yazkove pravo. S. 128 and present.
3 Div: Braginskiy M.I., Vіtryanskiy V.V. Decree. tv. S. 604.
it was not done out of guilt (paragraph 2 of article 1064 of the Central Committee)
First of all, what will be the fault of the shkodi manager;
In a different way, if the fault of the individual, like the boss of the shkodi, is transferred, then the law goes out of the presumption of yogo fault and the victim’s proof of the fault of the boss of the shkoda.
Let's take a look at the rule of guilt as a mindful delict in p. 2 tbsp. 1064 to point out the possibility of exclusion from the new: the law can transfer the expulsion of a shkod and for the presence of a shkod’s manager. It is necessary to remember that such blamings were given by the rules about acts of special delict, for example, about viability for shkoda, zapodiyanu dzherelom podvischenoї nebezpeka (clause 1, article 1079 of the Central Committee); about vidpovіdalnіst for shkoda, zapodіyana by illegal actions of agencies of investigation, preliminary investigation, prosecutor's office and court (Article 1070)
At the tort right in the house different forms blame: mind, negligence, rude nonbalism of those others. Given the rules on tort liability, on criminal liability, beyond the strict rule, one does not assign the significance of the severity of the degree of guilt to the misdemeanor of shkod, pdlyagaє vіdshkoduvannyu.
For example, Maynov's Skoda, which was expressed by the sum of 50 yew. rubles, confiscated by a mischievous mischief and shkoda for the same amount was given due to gross negligence, and the manager of shkoda did not receive any criminal liability.
Varto designate, what is the main sum, what is constricted by the victim’s melancholy, in both situations it will be the same.
As a culprit from a designated rule by law, it can be transferred to the level of guilt of participants in a tort goiter for obligatory viability. For example, rozmir vіdshkoduvannya, scho pіdlyagaє styagnennu on the melancholy of the victim, may be changed, as if rough nebbalіst priya viniknennia chi zbіlshennya shkodi. When you get hurt and the step is to blame the manager of the shkodi (paragraph 1, paragraph 2, article 1083 of the Central Committee) Easy (simple) negligence in such a situation did not look good.
1 of the Central Committee, as having designated V. V. Vitryansky, operates with understandings that characterize the various forms of guilt: ingenuity, negligence, rude negligence, negligence, "not knowing and not guilty of the nobility", not stale "(div.: Braginsky M.I., Vitryansky V.V. Decree. Op. P. 613)
Have a link about $emrta<яакон связывает неодинаковые последствия с грубой и легкой (простой) неосторожностью, возникает необходимость их разграничения. Представляется, что для достижения ϶ᴛᴏго результата крайне важно ориентироваться на норму абз. 2 п. 1 ст. 401 ГК, кᴏᴛᴏᴩая относится к договорным обязательствам. Применительно к деликгньш обязательствам содержание данной нормы можно выразить следующим образом.
The person is recognized as innocent in the zapodіyannі shkodi, as if for the tiєї step of dbalivostі and obligingness, sleazy vіd hіmаєlаєє з аухувannymi character of the situation, at his own place he changed his mind or zdіysnyuvalo for the entry for the introduction, he took it.
In this formula, there is a clear understanding of negligence, without delimitation in rude and simple.
Gross negligence can be seen as an unforgivable damage to the simplest, elementary ones, both in terms of vibrancy and peculiarities that are familiar to the skin1.
For example, a hulk, wandering out of the apartment, forgetting to close the tap for supplying water, which led to the penetration of water on the lower surfaces and the flood of the great Maynovskaya shkoda to the bagmen of a few apartments.
Guilt will be intellectually delinquent vіdpovіdalnostі like hulks (physical osіb), i osіb juridical, moreover, the main principles of tsієї vіdpovіdalnostі їm are the same, despite the presence of low features. Nutrition understands the fault of the legal entity of the trival hour, being the subject of scientific superechok. For example, a small broad thought, zgіdno s what kind of fault of a legal person appears in a disrespectful choice of a worker2. Since then, as for the hiring of a worker, the clerks of the legal entity universally misunderstood Yogo, then at the same time, when the worker was hired by a shkodi, the legal person was found to be innocent and did not bear the responsibility. The impossibility of the presented position is obvious.
1 Div: Smirne V. T., Sobchak A. A. Decree. tv. S. 81; Braginskiy M.I., Vіtryanskiy V.V. Decree. tv. P. 613. According to V. V. Vitryansky, the fault in the form of rude negligence is practically impossible to tease in the face of a guilty fault. Well, it’s clear that the position is to be the head rank of a contractual vіdpovidalnosti.
2 Div: Agarne M. M. Viniknennya goiter due to the infection of shkodi // Tsivilne pravo. T. 1. M., 1944. Z. 332.
In fact, the guilt of legal happiness is most often found in the presence of the necessary turbot, in the unprofessionalism of vikonavtsiv, in illiteracy, incompetence, inactivity, which caused the bad luck.
For example, a sprig of workers and servicemen of one of the undertakings of Mayzhe suddenly fell ill and were expelled by the disabled. It happened that for the first time in the hospital, the stench worked, the mercury was spilled, and then every other day when you came in, the її shkidlyvoї diї did not get used. It was impossible to bring this innocence to the zapodіyannі shkody tsyom undertaking.
The guilt of a legal person is manifested in the behavior of singing physical features. There may be individuals who enter the warehouse of the legal entity, as well as members of the legal entity (for example, commercial organizations). Tse can be representatives of a legal entity, as well as employees and employees of a legal entity or members (for example, members of cooperatives). , as if they were found at the borders of service (labor) obov'yazkiv, it is accepted as the fault of the legal entity itself.
the defense institute of civil law, which charges the world with a sovereign infusion for subjugation of the main shkodi, as well as the exchange of absolute non-main rights (for example, honor, goodness) for the infliction of a civil lawful violation - a delict. Delinquent vіdpovіdalіnіst pojagіnі vіdpovіdnі obov'yazku vіdnoviti vіdnoviti vіdnovіtі stan vіdnovіtі vіdnogo аbo to make amends for shkoda, zavdana absolutіy nemіnіvіdіnі prіv for naivnostі minds, znachenih zaznachenih zakonі. The delinquent liability arises when the obligatory bond of an individual is damaged, which is extorted from the law, do not charge another individual. The delinquency manifests itself in the form of goiter, which is blamed for the fall of shkodi, may have a post-contractual character, it is more common in the adoption of unfavorable heritage (material and non-major) for the hairdresser (hairdresser) in nature in the other way of becoming new.
Vіdmіnne vyznachennya
Not exactly appointed ↓
DELIKTNA VІDPOVIDALNІST (not negotiable vіdpovіdalnіst)
one of the types of civil and legal violations, which blames the connection with the subjugation of shkodi as a result of a civil offense (delict) and which is the cause of the most severe violation of the law (div.
In the civil law of the Russian Federation, as in the legislation of the greater krai of continental Europe, the system of goiter from the subordination of shkodi is based on the principle of a general delict, for which the skin has been fenced off the head of shkodi main chi specialty be anyone; be-yake zapodіyannya shkodi іnshіy sobі є protipravnym, like zapodіyuvach not bv upovnovazheny on tse. Goiter, which falls under the understanding of the general delict, establishes a system of special delicts, among which it is traditionally seen as a penalty for shkoda, zapodiyanu: acts of power; nepovnolіtnіmi and nedієzdatnimi persons; diyalnistyu, scho I create a promotion for the unsafe for the lonely; zhityu chi healthy hulk; after a short supply of goods, rob chi services; physical and moral concessions (compensation for moral failure).
Substantiating the tortious validity is a legal fact, which means that the subjective right of the victim has been violated - the presence of shkodi. Umovi vіdpovіdalnostі - tse zaznachennі vіdpovidalnostі vіmogi, scho characterize pіdstavu vіdpovіdalnostі і nebhіdnі dlya stosuvannya vіdpovіdnih sanktsіy. In such a rank, pіdstava ta mind vіdpovіdalnosti - closely vzaєmopov'yazanі category.
A number of authors claiming the “warehouse of the bulk of the law enforcement” in the sensibilities of the conglomerate of deep, typical minds, the presence of such a necessary charge of law enforcement on the law enforcement officer. Other authors, criticizing this concept, point to the lack of priming of the expansion of civil law into the position of criminal law about the warehouse of evil, introducing into the civil law of others' criminal law sciences, which may have centuries of tradition. In addition, one speaks of the inconvenience of the provision about those that a number of cases of possible "encirclements" (strengthenings) have a civil law enforcement warehouse (for example, if the law transfers the law irrespective of fault, that fault falls out of the number of elements in the warehouse).
Substantiating civil and legal viability (one and the other), as one of the opponents in the concept of the warehouse of civil law enforcement V.V. Vіtryanskyi, є violating subjective civil rights, fragments of civil law viability and viability of the violator before the victims, її svіlnoyu metoyu є vіdnovlennya vіdnovlennya ravaged right. Ale to be watering water, they are stacked by the civilian -law, the Krim Pіdstavi, the ustitly reckoning law of minds, the caution of the school, the warehouse of the cyvic lawyer, the submarine, was destroyed by the submarine, the submascence of the submarine 'The language of the broken rights and the beats (Skoda), the fault of the broken. In this way, the criticism of the concept of the structure of the civil law enforcement turned out to be insufficiently controversial.
The deeds of the authors are respected by the civil-legal, tort law, violation of the law. Ale, if you don’t mind, you can’t qualify the same behavior as a law enforcement, it’s possible only for the minds of the established minds of vidpovidalnosti, peredbachenyh law. Substantiating the obviousness of obgruntovu її zastosuvannya, but for the obviousness of minds established by the law. Otzhe, podstavoyu tortnoy vіdpovіdalnosti not pravopoushennya, but the fact of confiscating shkodi. Wash, necessary for the recognition of the fact of law damage (protipravnіst, causal connection, guilt), may be revealed (established) at times of zastosuvannya zahodіv vіdpovіdalnostі (vіdshkoduvannya shkodi).
In literature, it has become very broad, having taken a look, behind which Skoda is one of the minds of delinquent evidence. Such a look to avenge super-accuracy in oneself: if it’s Skoda, then it’s incorrect to say that it’s won (Skoda) є mental viability for tsyu Skoda. Really shkoda (obviousness shkoda) is, as it is said, the basis of a possible stosuvannya in the presence of an individual, violating the subjective right of another individual.
For the obviousness of shkodi, as a substantiation of tortious evidence for stosuvannya primus entrances to the right-hander, it is necessary to establish the manifestness of the minds of tortious evidence. The stench is to enter the warehouse of the general delicta, tobto. may be of great significance and zastosuvannya, as the law does not transfer otherwise.
Wash off the delinquent liability - tse obov'yazkovі zagalnі vimogi, dotrimannya such as in times of zastosuvannya to the right-hander of vidpovіdnih vіdpovіdalnosti - sanctions, tobto. schob primusiti yogo to vykonanny obov'yazku v_dshkoduvati shkoda.
Delinquent goiter and apparently delinquent viability for conspiracy to blame for the obviousness of such minds:
- - opposite behavior of an individual, yak shkodi;
- - a causal link between the wrongdoing behavior of the manager of shkoda and shkoda, that vinikla;
- - the fault of the individual, yak shkodi.