Civil liability, the types and forms of which will be discussed below, occurs in the presence of certain circumstances. The legislation connects with them the restriction or refusal to fulfill the requirements, as well as the need to restore the property status of the injured party. Next, we will analyze in more detail under what conditions civil liability arises. The types of punishments will also be described in the article.
General information
It is allowed to apply types of civil liability to the subject in the presence of uniform conditions. They are established by legal acts. In other words, existing types of civil liability take place when:
- Losses or harm.
- Wrongfulness violation.
- Direct connection of the causes of losses (harm) and illegal behavior.
- Guilty offender.
Signs
The main condition under which legal and civil liability is applied (the types and nature of the penalty may vary significantly) is the indispensable presence of an unauthorized action (offense). This statement was considered indisputable at the beginning of the last century. It is recognized as such at the moment. Civil liability has the following features:
- Property character. This means that certain types of civil liability for violation of obligations are aimed at the material values of the debtor, but not at his person, which takes place in the legislation of the administrative or criminal sphere.
- Focus on the restoration of the property (material) condition of the injured subject. This leads to a penalty in favor of the party in respect of which unlawful acts were committed. This type of civil liability differs from other legal techniques, which may include property type sanctions (for example, a fine for an administrative offense) in state revenue.
- The ability of the injured party to independently decide on the presentation of claims for material impact on the debtor. The parties are given some freedom in the process of determining the conditions and scope of civil liability under the contract. In this case, the principle of disparity applies.
Exposure conditions
To begin with, the concept itself should be revealed a little deeper. Types of civil liability apply in the event of a crime. It represents an act or omission that violates the law or is beyond the scope of the contract. This or that measure of influence is used in case of restriction or violation by one subject of the moral and property rights of another, improper fulfillment or absolute non-fulfillment of instructions imposed on a person by law or agreement, in case of abuse - realization of an opportunity contrary to its purpose. Crime is always specific. However, as was said above, a number of typical (general) conditions necessary for applying the impact on the debtor can be distinguished. In different combinations, these circumstances are found in every civil offense. They form the corpus delicti.
Functions
Those or other types of civil liability, the application of which will be described in detail below, perform certain tasks. So, exposure can have an educational purpose. Due to this, the implementation of laws is regulated.Responsibility can be challenging. In this case, we are talking about the formation of the right attitude to existing norms. Also, the impact can perform a penalty and compensation function.
Civil liability: types and forms
There is a certain classification of exposure methods. The types of civil liability are as follows:
- Negotiated.
- Non-contractual.
- Joint
- Subsidiary.
- Fractional.
The last three can act as species liability insurance. In many cases, they guarantee the fulfillment of the requirements stated by the creditor. Non-contractual and contractual recovery - these are types of civil liability depending on the basis. They are associated with the presence of a contract. These are the basic types of civil liability, legally fixed. Also distinguish the category of adverse consequences for debtors. They are expressed in civil liability forms. The traditional consequences include the payment of the penalty and damages. But a number of authors also attribute to the independent forms of responsibility the collection of interest for the use of other people's money and the loss of a deposit.
Negotiable and non-contractual categories
The first occurs due to failure to fulfill the existing conditions of the contract. For example, the impact on the keeper for the deterioration of the condition of the accepted thing. If there is no violation of the contract, then they speak of tort (non-contractual) liability. It is more regulated peremptory norms and is considered more stringent. So, the parties are not allowed to agree on changing the conditions for the onset of responsibility, as well as its volume. The exception is the cases specified in Art. 933, paragraph 1 of the Civil Code. This normative act indicates the possibility of changes with increasing responsibility.
Share impact
This liability occurs in case of joint harm by several persons. In the presence of a certain number of subjects, the question arises of the procedure for the response of debtors when committing crimes. In accordance with the general rule, obligations of this type have an equity nature. The impact will be relevant. That is, liability is equally distributed to debtors. For example, members of a production cooperative are subject to additional liability in equal shares for the debts of the association, unless otherwise provided in the Charter. In accordance with Art. 949 of the Civil Code, the judicial authority may recover from the parties who caused the damage jointly, in shares, determining them taking into account the degree of guilt.
Joint order
There are also types of civil liability for multiple offenses. These, in particular, include the joint recovery order. Such responsibility provides for the obligation of each debtor to be punished in full, more precisely, in the amount of claims declared by the creditor. This measure is considered increased. It gives the creditor additional guarantees, in connection with which it is used only in cases established under the contract or the law. According to Art. 116 LCD installed joint responsibility the owner of the home and all family members who have reached the age of majority, in accordance with the obligations related to the maintenance and use of the useful and auxiliary area of the house and the adjoining area. Such debtors remain joint until the claims of the creditor are not fully satisfied. The person who is responsible for all has the right of recourse (reverse) recovery from other participants in equal shares minus their own. 
Subsidiary debtors
Usually, the penalty is taken from the person who directly inflicted the damage.However, to ensure guaranteed fulfillment of the creditor's requirements, a contract or law may provide for the possibility of recovery not only from the main person, but also from the subsidiary (additional) one. According to the Civil Code, such responsibility is imposed on:
- Participants in a full partnership for his debts.
- Of members additional liability companies according to his obligations.
- Cooperative members for his debts.
- Parents for damage caused by children 14-18 years old, if proven to be harmful to them.
To recover from an additional debtor, a number of conditions must be observed. They are provided for by Art. 370 GK. These conditions include:
- The initial requirement for the principal debtor.
- The presence of a refusal or non-receipt of a response within the prescribed period from the main contractor
The right to appeal to a subsidiary debtor has no connection with the absence of the main valid opportunity or property to fulfill the requirements. In this case, failure to satisfy them is sufficient.
Exceptions
In Art. 370 of the Civil Code, 2 cases are indicated when an appeal to a subsidiary is not allowed:
- When the creditor has the opportunity to set off a counterclaim to the main debtor.
- In the presence of conditions for recovery from the chief executor in an indisputable manner.
In the latter case, for example, the claim may be based on a notarized transaction.
Subsidiary Code of Conduct
In the case of an appeal to an additional debtor, he is obliged to inform the main person about this circumstance, and upon bringing a claim - to involve him in the process. This need is due to the fact that the subsidiary does not always have complete information about all the objections that are presented by the chief executor to the creditor. In this regard, if the additional debtor satisfies the requirements, regardless of these disagreements, then in the future he will not be able to use the regressive procedure for returning funds. If the main contractor refuses to fulfill the obligations, the subsidiary person has the right to invoke objections. As them, for example, can be skipping the limitation of the claim, deferred payment and so on.
Regressive collection
It does not apply to independent types of liability. Nevertheless, the regressive order is distinguished by the presence of a number of features. It acts as a means of bringing responsibility to the offender himself in the event that penalties for him were implemented by a third party. An example is the recovery from a contractor for failure to comply with established requirements by a subcontractor. 
Civil liability: types of punishments
The consequences expressed in the need to compensate for losses are provided for in Art. 364 Civil Code. They are considered the main and general form of civil liability. It falls into the single category because it occurs in any case if there are losses caused to the victim as a result of a crime or non-fulfillment of requirements, if there is no evidence or the contract or law establishes the opposite. Such a form is considered to be the main one due to the fact that due to compensation for damage an absolute restoration of the rights of the creditor to the debtor is achieved. This consequence occurs in accordance with the letter of the law. It does not depend on the conclusion of an agreement on liability in this form between participants in legal relations. Moreover, due to the fact that formulated in Art. 346 Civil Code rule acts as the most important guarantee of the fulfillment of the requirements of the victim, the parties can not exempt themselves from damages subsequently. They have the right only to reduce the amount of compensation. Other consequences take place only in those cases when they are specifically provided for by regulatory enactments or by agreement. They correspond to a specific type of crime.
Loss
Under them understand the monetary value of material (property) losses. Losses, in turn, are divided into two types: "loss of profit" and "real damage." The latter consists of expenses that the creditor should have made or incurred to restore property status. This may be, for example, the cost of storage and return transportation of defective goods. The group of these expenses also includes damage or loss of property. For example, the death of perishable goods due to untimely delivery may be the last. In other words, real damage leads to a decrease in the lender's existing property. Lost profit, in contrast to it, it is concluded in not receiving the income that the creditor could receive under standard conditions of turnover in the absence of violations of his rights. It is associated with estimated income, the reality of which is difficult to prove.
Exposure control methods
In accordance with the general rule, lost profits and real damage are subject to compensation on the basis of the principle of completeness of liability, as prescribed in Article 14 of the Civil Code. Nevertheless, taking into account the specifics of certain types of obligations, the legislator may limit the right to full recovery of losses. In this case, methods such as:
- Definition of exceptional forfeit.
- Reduction of liability with actual damage or part thereof.
Limitation of losses subject to compensation may be carried out in accordance with the agreement of the parties. In some cases, participants in legal relations use the establishment of losses in a monetary amount. The advantage of this method lies in the possibility of recovering them with proof only of the fact of occurrence of losses, but not of their size. Damage in excess of the specified amount is not refundable. In case of limitation of liability, the parties should take into account the imperative nature of paragraph 2 of Art. 371 CC. In accordance with it, in the framework of the agreement on reducing the amount of recovery of the debtor under an accession agreement or other type, where the creditor is represented as a consumer, the effect is negligible if its size for this type of claim or for a specific crime is determined by law.
