Civil turnover is a legal field within which subjects, through free will, interact with each other in order to meet their needs. The relations and obligations that arise between people in this case are regulated not only by legislation, but also by the provisions of the agreements signed by them. The guarantee of the fulfillment by each of the parties of its obligations under the contract is civil liability.
Some authors consider this category as a form of conscientious and proactive implementation of the activity, which is assumed by the relevant agreement. According to a group of theorists,
civil liability is positive.
Critics of this approach provide more convincing arguments. They point to the difference between the concepts of “fulfillment of obligations” and “civil liability”. The difference is that these categories belong to different institutions, in addition, the obligations of the parties to the contract and the debtor under the contract do not coincide.
The essence of this opposition lies in the fact that a conscientious
subject of legal relations in order to achieve his goals and in accordance with an agreement of his own free will provides the opponent with tangible or intangible benefits, reasonably counting on proportional compensation - full fulfillment of obligations by the other party.
Being a debtor, a person is forced to suffer additional losses and other negative consequences. Thus, the benefits received and the efforts expended are no longer proportionate. The inequality of exchange, by definition, does not correspond to the idea of a voluntary agreement, therefore, the concept of civil liability cannot be equated with the obligations of the subject under the contract. The latter in this regard cannot be called positive.
Civil liability is a form of state-sanctioned coercion. It is expressed in the application of property sanctions to the guilty party in order to restore the rights of the subject and in the amount that ensures the performance of this task. In addition, this legal category was introduced to stimulate normal economic relations between people.
Civil liability conditions include:
- Harm to one of the participants in the transaction. Here we have in mind the diminution of the good that a person (organization) should have received. The financial assessment and compensation for harm to the party to the transaction is called a loss.
- A causal correlation between failure to fulfill obligations by one party to the contract and the occurrence of harm to the other.
- The wrongful nature of the act of the guilty person (committing actions contrary to the rule that applies to this party to the transaction).
Responsibility may be contractual or non-contractual. In the first case, obligations arise from a violation of the terms of the contract; in the second, the reason is to cause harm to a person that is not connected with a legal agreement with him or in the absence thereof.