Institute of Civil Law Liability in Domestic and Foreign Civilistic Doctrine
The current stage of development of society is characterized by the rapid dynamics of information relations, the consolidation of interconnections between different phenomena, significant conflicts of conceptual nature, caused by the process of globalization. Such a starting point for cognitive activity is relevant for studying of such a fundamental legal category as legal liability. In their turn, a systematic understanding of the issue of civil liability involves not only taking into account the retrospectivee and tendencies of the civilistic doctrine in conditions of legal systems integration, but also the context of the progressive aspirations of the society expressed by the idea of civil society. The purpose of the article is to identify the status and prospects of the development of civil law liability within the framework of scientific studying and law-making searches, which are conducted in the latest comparative legal plane. Attention is paid to the social and instrumental aspects of the nature of the category of responsibility. The importance of carrying out a comprehensive and systematic analysis of the legal phenomenon and the main methodological problems of civil liability, including its general philosophical aspects, is emphasized. The basic doctrinal approaches to solving the problem of justification of the conditions (grounds) of civil liability are considered. The doctrine of the composition of a civil offense as a basis of civil liability is supported. Absence of basic scientific researches of the bases of bringing to civil liability and releasing from it, separate conditions of responsibility, category “irresistible force”, incomplete research in the private legal doctrine of the problem of correlation of such categories as “civil liability”, “protection of civil rights”, “subjective civil rights abusing” is mentioned. The importance of the practical component of civil liability – its effectiveness as an element of the mechanism of legal regulation is emphasized. The nature of qualitative changes in the substantive content of legal responsibility in the conditions of legal state and civil society formation is revealed. In this regard, it is concluded that the understanding of positive responsibility and the civil liability of its preventive and educational function are connected. In the context of the issue of updating the civil legilation of Ukraine, the potential effectiveness of some DCFR articles, which are of general importance for the regulation of the institution of civil liability, was noted. At the same time, the high level of detail of some provisions of the DCFR, the emphasis on “legal technology” and fragmentation are recognized as features of the legal ideology of the DCFR.
- Straipsniai / Articles