ISSN 1995 - 1248
GUILT AND RISK IN THE MENS REA OF THE CIVIL OFFENCE
J.S. Alekseeva A.V. Kuzmin |
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alexus606@gmail.com ak78rus@gmail.com |
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Associate Professor, the Department of Civil Law and procedure, Sint-Petersburg University of Management Technologies and Economics, PhD in Law President, OOO International Center of Rights Restoration, Saint-Petersburg, PhD in Law, Associate Professor |
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St. Petersburg St. Petersburg |
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Keywords: |
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As the title implies the article describes the general statement of the problem which stems from the ambiguity of opinions expressed in the academic literature with regard to conditions and grounds for establishing liability of the entity that breached contractual obligation to indemnify for losses. Most commonly this duty is considered one of the forms of civil liability for the offense committed. As practice shows, compensation for losses under the current legislation is not always a result of the offense and guilty behavior of a person who caused the harm. These circumstances are both inextricably linked with the use in the legal theory and law enforcement practice of the legal construction of the offense. |