Golubtsova Yu.A. The Correlation of Guilt and Illegal Behaviour in Civil Law

Golubtsova Yuliya Anatolyevna

Candidate for a Degree, Department of Civil Law,
Perm State National Research University
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Bukireva St., 15, 614990 Perm, Russian Federation

Abstract. The author studies the objective element of the civil offense contents – the illegality of the behavior. It is proved that the illegal behavior is objectified in two forms – an act and a failure to act. The special attention is paid to two independent reasons for exclusion from the civil liability – the force majeure and the guiltlessness. The purpose of this research is to form the complex idea of the guilt as an element of the conceptual structure of the civil law with the account of the condition of the domestic civil science, civil legislation and the practice of its application. The tasks of the research include the correlation of the guilt to the objective condition of the civil liability – illegal behavior. The methodological basis of the research is represented by the general scientific methods – dialectical, systematic, structural and functional methods, specific scientific methods of research – formal and logical, structural and legal, juridical and technical methods. The results of the research show that the behavioral understanding of the guilt as non-taking measures for fulfilling the civil legal duty leads to the loss of the independence by such reasons for excluding from the legal liability as the force majeure and the guiltlessness.

Key words: illegal behavior, guilt, force majeure, civil offence, act, failure to act, objective sign of failure to act, subjective sign of failure to act, legal liability.

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