Верхнее меню

GUILT AND RISK IN THE MENS REA OF THE CIVIL OFFENCE



J.S. Alekseeva
A.V. Kuzmin
alexus606@gmail.com
ak78rus@gmail.com
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
St. Petersburg
St. Petersburg

Keywords:

  • entity
  • the basis of legal liability
  • obligation
  • guilt
  • legal risk
  • compensation for damages
  • civil offense
  • 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.
    The article presents analysis of the specifics of guilt in the structure of a civil offense with the guilt and property risk ratio as the basis of civil liability being determined.
    The authors have analyzed various conceptual approaches to the doctrinal interpretation of conditions and grounds for liability in contractual obligations. The inconsistency of conclusions made by some researchers with regard to the possibility of imposing civil liability in the absence of the debtor's fault is argued. The conclusion is made that it is possible to replace guilt in the structure of a civil offense with an institution of "unjustified risk" - this will allow to form a less sensitive legal construction of the civil offense that will constitute the basis of civil liability for the guilty or "unreasonably risky" act.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5