Shared responsibility is the application of sanctions to two or more persons for committed or committed violations of the rights and interests of other persons. Consider the types and forms of responsibility established in modern legislation.
Legislative regulation
Responsibility issues are settled primarily by the Civil Code. First of all, they pay attention to the provisions on contractual obligations and violations outside the framework of contractual relations.
The general provisions of the Code are developed in chapters devoted to specific types of contracts and areas of life that are affected by the code.
Many things so far remain the subject of debate among theoretical scientists. For example, the concept of responsibility. The law often does not give definitions of certain phenomena because of the fear of causing new problems in regulation.
Concept of responsibility
To begin with, we will examine what legal liability is. Its quality means measures of state coercion applied to violators of civil rights and freedoms. In the situation of civil law, the punishment is applied in accordance with the norms of civil law and (or) clauses or provisions of the agreement concluded between the parties.
The injured party has the right to choose the form of punishment applicable to the offender. An example is the list of options offered to the consumer in the event of the transfer of low-quality goods to him.
Responsibility is imposed on one or more persons, depending on their guilt.
Note an important feature. Holding liable does not exempt the guilty party from fulfilling the existing obligation.
Types of Sanctions
Legal liability in civil law involves the following measures:
- payment of penalties in accordance with the law or agreement of the parties;
- indemnification;
- compensation for non-pecuniary damage.
The peculiarity of losses lies in their division into real damage and loss of profit. The first option involves the restoration of the property itself or the transfer of a similar item or the payment of expenses incurred by the injured party to restore the damaged property. The second - compensation for income lost by the injured party.
On the part of the state, the court and the bailiff service are responsible for implementing the sanctions. Sometimes the execution of decisions and other authorized persons is assigned to other structures.
Types of Responsibility
In civil law, the following types of liability are provided: individual, shared, joint and several. They are equally applied both in the contractual sphere and in a situation where harm occurs.
The contractual sphere is associated with obligations, non-contractual - with the infliction of harm to property, life or health.
Shared responsibility
According to the provisions of the Civil Code, each participant in an obligation is liable by fulfilling a clearly defined list or scope of obligations. For example, an agreement on the supply of goods. It is distributed who to what extent fulfills this agreement. As a result, the creditor or customer has the right to make claims against each of the suppliers according to the terms of this agreement.
A similar scheme is implemented with monetary obligations. The borrower ceases to be a debtor under the contract if he pays his part of the debt. The law implies initially the equality of their shares, otherwise provided either by law or by agreement of the parties. That is, the law establishes the presumption of equal responsibility.
In general, shared responsibility is the foundation of other forms of collective responsibility in civil law.
Joint responsibility
A duty, or fulfillment of a requirement, cannot be divided into several parts. Its occurrence is associated with the circumstances listed in the Civil Code, other laws or directly specified in the contracts.
There are examples of this in corporate practice, when the founders of an organization simultaneously bear responsibility. If we take simpler situations - this is the relationship of the buyer, seller and manufacturer. The buyer has the right to file a claim with either one or the other. It is not forbidden to simultaneously file a lawsuit against the seller and the manufacturer. In the system of joint liability, the party that paid the total debt has the right to demand compensation from other debtors.
For example, three founders took a loan from a bank in the amount of 300 thousand rubles. on the basis of joint liability. So, the one who paid the entire debt has the right to demand 100 thousand rubles. from each of the other two debtors. Here already expenses are already divided equally.
Other examples of joint liability are heirs, spouses and persons responsible for road accidents.
Generally speaking, shared and joint responsibility is the ratio of the general and the particular.
Features of subsidiary liability
The Civil Code defines it as a construction in which an additional debtor is held liable if the principal is not able to pay the debt or fulfill the obligation.
First of all, the claim is presented to the main debtor, only then after receiving the refusal or ignoring the request, the demand is sent to another debtor.
The creditor is obliged to prove that the main debtor is not able to fulfill the obligation or justify the impossibility of offsetting mutual claims. Otherwise, the court will refuse to sue the additional debtor.
At the same time, the person involved in the framework of subsidiary liability has the same rights as the main debtor, in addition, he has the right of recourse claim - compensation for the fulfillment of the creditor's claim.
Thus, joint and several liability are two forms of liability of two or more persons in contractual and non-contractual relations. The main difference between them is the stage of prosecution and the conditions under which this is done.
Life examples
A simple partnership imposes responsibility in proportion to the contribution to the common cause, if the activities of the participants are not related to entrepreneurship. If obligations arise not from the agreement, participants in a simple partnership are jointly and severally attracted in accordance with 1047 Civil Code.
According to the whole list of articles of the current legislation, shared responsibility applies to the maintenance of the common property of an apartment building. The same principle applies to the payment of taxes and other obligatory payments on common property (Article 249 of the Civil Code and Article 158 of the LC).
In cases of harm to health, the courts impose liability in the form of shares in accordance with Part 2 of Art. 1081 Civil Code. The degree of guilt and the limits of liability are taken into account. For example, in insurance claims disputes there is always a limit on the possible payments to the injured party.
Exclusively shared liability applies to employees guilty of harm. This is indicated in Art. 241, Art. 243, Art. 245 shopping mall.
These are not the only examples of shared liability articles available in current law.
Finally
According to the Civil Code of the Russian Federation, shared responsibility is a form of applying sanctions on more than one person for violations committed by him. The Civil Code lists the methods and forms of prosecution.
Ways - compensation for material and moral damage, losses. Form - the ratio of responsibility of several persons (shared, joint and subsidiary).
The first assumes equal separation.The second gives the right to demand compensation from one of the perpetrators or from each of them, depending on the discretion of the victim.
The subsidiary form of liability allows attracting an additional debtor no earlier than under a number of conditions.
