Open AccessPROSPECTIVE DIRECTIONS OF IMPROVEMENT OF CIVIL LIABILITY
Author(s) -
O.I. Zozuliak,
Ю.І. Парута
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.63.25
Subject(s) - legal liability , liability , obligation , strict liability , delict , law , compensation (psychology) , doctrine , business , position (finance) , civil law (civil law) , law and economics , political science , sociology , private law , commercial law , public law , psychology , black letter law , finance , psychoanalysis
The article is devoted to the study of such an important area of civil law as civil liability. The scientific article examines the definition of "civil liability". It is emphasized that civil liability consists of many aspects, including a sanction, a new obligation, the replacement of an unfulfilled obligation with a new one, and so on. It is supported the position that the application of civil liability is voluntary, but the possibility of using jurisdictional forms of liability is not excluded. The authors of the article agree with the approach proposed in the doctrine on the expediency of the transition to the so-called behavioral concept of guilt. The importance of the theoretical demarcation of the institution of ensuring the fulfillment of obligations and measures of civil liability is emphasized. The possibility of simultaneous application of different forms of civil liability is allowed.
It is argued that it is appropriate to change the approach to determining and compensating of non-pecuniary damage. It is needed because compensation for non-pecuniary damage depends on the violation of a person's civil right, and not on the envisaged possibility of compensation for non-pecuniary damage in law or contract.
The authors of the article positively perceive the position on the need for consolidate the provisions on the civil nature of the liability of officials of corporations. It is focused on the need to consolidate the subsidiary liability of members of limited liability companies in the event of bringing the failure through their fault.
The position to the prospects of further scientific research in the field of responsibility of autonomous robots and artificial intelligence is expressed.
It is concluded that due to the multi-vector nature of the concept of "civil liability" there is a need for further meticulous attention of the scientific community to the institution of private liability. In particular, it is necessary to develop qualitative criteria for distinguishing between the institution of abuse of subjective civil rights and the institution of civil liability; research of the peculiarities of the responsibility of such legal entities as owners of significant participation in corporations, supervisors of banking groups and other specific entities, etc.