Causing harm is the basis of many crimes. But what relies on this violation? What grounds for liability will take place? This will be indicated by article number 1064 of the Civil Code of the Russian Federation. Its text contains all the grounds for compensation of harm caused by a citizen in one form or another. What features of the article are worth paying attention to? What to prepare for?
Fully
The first thing that art. 1064 of the Civil Code, is that all damage that is caused to a citizen or property must be fully compensated by the violator. At the same time, it does not matter whether we are talking about individuals or legal entities.
It is also indicated here that the legislation of the Russian Federation allows for full or partial compensation for harm caused by people who are not related to it. That is, it is possible to hold third parties accountable. Not too common, but it does occur.
Arrangement
Also, if you believe what is written in Article 1064 of the Civil Code of the Russian Federation, according to the law in some cases payments are made in excess of the damage caused. For example, as a compensation for moral experiences. This responsibility extends to various persons: the immediate offender or the one who is not responsible for the harm caused.
The legality of the requirements may be governed by different agreements. In practice, such additional payments occur very often. Moreover, as a rule, they are justified. Say the cost of treatment. Nothing difficult. It turns out that, according to the established laws, you have the right to request additional payments that are not directly related to the harm caused. Do not be surprised. These rules are established by Art. 1064 Civil Code.
Not guilty
True, paragraph 2 of this article of the Civil Code of the Russian Federation states that it is not always necessary to compensate for the damage caused by law. In cases where you prove your innocence, all liability for harm is removed from you.
At the same time, according to the text of Art. 1064 of the Civil Code of the Russian Federation, it is indicated that the court is able to sentence reparation even in the absence of citizen guilt. Therefore, if you appear in any way in the case, you may be liable for payments to victims. Although, as practice shows, the one who directly caused the damage in one way or another is usually engaged in compensation.
Lawful actions
Usually the damage is caused by illegal actions. Therefore, it must be reimbursed without fail. Either the culprit, or the person involved in the case. But what if the harm was done through legitimate actions?
In this case, it is refunded, but not always. There are exceptions. More precisely, reimbursement is possible only in cases provided for by modern Russian legislation. But, as practice shows, if the damage was done without violating the law, either no one compensates it, or the direct culprit is brought to justice. Third parties who did not cause any harm are also entitled to call for payments. But these are extremely rare cases in judicial practice.
Request and consent
Article 1064 of the Civil Code of the Russian Federation indicates some features of the occurrence of liability for harm in one way or another. They refuse refunds (both full and partial) if the crime was committed with the consent of the victim.Or even at his own request.
Important: for all this, responsibility will not only be subject to the moral principles of society. In court debates, such cases are not uncommon. You are singled out from compensation for harm in almost all cases where you can prove that you acted with the consent of the owner of the property (the victim). The main thing is that the interests of other citizens do not suffer as a result of the violation.
Conditions and nature
This may conclude Article 1064 of the Civil Code of the Russian Federation. Now it remains to consider some features and nuances that should be taken into account in the proceedings. They are indicated in the comments to the article.
Huge disputes are being held regarding the nature of the crime, as well as the conditions of liability for damage in one way or another. Therefore, in order not to cause any problems, the comments indicate that the following points serve as the basis for a sentence of compensation for harm:
- illegal, unlawful actions of the perpetrator;
- direct onset of harm;
- a causal relationship between the acts of the offender and the damage that has occurred;
- the fault of the "criminal".
Please note - if there was a terrorist act, then you need to seek help from the Government of the country. On the basis of Article 18 of the Law "On Countering Terrorist Acts", the state compensates for the damage caused to the population in the prescribed manner. This rule applies to both individuals and legal entities.
Concept of harm
As you can see, comments make a rather serious contribution to article 1064 of the Civil Code of the Russian Federation. They reveal the characteristics of the occurrence of liability in case of damage to property or to a citizen. Only here the concept of "harm" is not disclosed. What do you mean by it? How can you characterize it?
Honestly, whatever. The Civil Code does not have a clear definition of harm. It is understood in a broad sense. Moreover, both material and intangible goods which are protected by law.
Harm can be tangible and intangible. In the first case, it is usually expressed as damage to other people's property, and in the second - mental (as well as physical) suffering and feelings resulting from the actions of the "criminal".
So how can you characterize the harm, according to our article today? As you like: losses, lost profits damage, damage, damage, spoilage, loss, loss, loss, destruction and so on. The main problem is that you have to constantly prove and clarify the real meaning of the use of a particular concept in the case (their examples are given earlier).
Guilty Without Guilt
As already mentioned, according to Article 1064 of the Civil Code of the Russian Federation, harm caused to the victim can be compensated even in the absence of guilt of a person. Moreover, there are generally accepted cases to which this rule applies. When exactly without fault can you be held responsible for the damage?
For example, it is necessary to compensate for losses when they were the result of unlawful punishment of the victim: detention, arrest, imprisonment, “punishment” by recognizance not to leave, and other measures.
It is also necessary to indemnify the owners (individuals and legal entities) sources of increased danger. This rule also applies to people working with similar hazardous objects. True, it acts only when the absence of force majeure is proven to eliminate the negative consequences. That is, if you had a chance to prevent harm, you will have to pay damages. This measure does not apply to cases in which the victim's malicious intent is proved.
Compensation in the absence of fault should not be confused with compensations entrusted to persons who did not bring any harm. For example, such situations may include:
- responsibility of parents / guardians for minor children;
- when a legal or civil person is responsible to his employee;
- when for a mentally unhealthy person the damage is compensated by his relatives or people living with him.
As you can see, the grounds for liability for harm have a huge number of features. They need to know and understand. Then and only then will it be possible to protect themselves and their rights. And remember - the responsibility of proving your innocence lies only with the one who is accused of causing damage. If this can be done, there will be no consequences for the "intruder"! These rules are dictated by Art. 1064 of the Civil Code of the Russian Federation.
