Tsyganov V.I., Demin A.A. Injure and Law Liability
DOI: https://doi.org/10.15688/lc.jvolsu.2018.1.5
Viktor I. Tsyganov, Candidate of Juridical Sciences, Associate Professor, Dean of the Faculty of Law, N.I. Lobachevsky State University of Nizhny Novgorod, Prosp. Gagarina, 23, 603950 Nizhny Novgorod, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Aleksey A. Demin, Candidate of Juridical Sciences, Associate Professor, Department of Civil Law and Procedure, Faculty of Law, N.I. Lobachevsky State University of Nizhny Novgorod, Prosp. Gagarina, 23, 603950 Nizhny Novgorod, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction: the legal regulation of the relations on compensation of harm has always been a subject of interest to the jurists. The vast majority of researchers of the relations associated with damages associated with their category of civil liability. However, in the legal literature is justified liability the legal nature of considered relations, in this connection, the authors set the purpose of the research available positions by the author about the legal nature of the relationship of the damage caused. Methods: the methodological basis of this study constitute a set of scientific methods, among which the main place is occupied by the historical method, systemic analysis and comparative-legal. Results: grounded in the work of the author’s position is based on the law and the opinion of the competent scientific community on the issues of obligations and legal relations connected with compensation of the harm caused. On the basis of the analysis examines the conditions of civil liability, the analysis of the current civil law, the basic existing in theory of law the position of the authors regarding responsibility, social responsibility, and legal liability as a form of social responsibility. Conclusion: in the study it is proposed to change the existing in modern civic science approach to the legal nature of legal relations connected with compensation of the harm caused. The authors indicated that in modern civil-legal regulation it is necessary to revise the view of compensation of the harm caused as to civil liability in favor of its contractual nature. It is noted that this approach is due to legal stipulations to this type of legal relations that requires a deep scientific study.
Key words: injure, damage, property damage, trespass, liability, tort, extra-contractual liability.
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