Art. 1064 Civil Code of the Russian Federation. Common grounds for liability for causing harm
General grounds for liability for causing harm are fixed in the Civil Code, in Article 1064. They were first introduced in Roman law. For most countries that apply the Romano-German legal system, the liability provisions for damages are not new. Let's consider more Art. 1064 Civil Code of the Russian Federation with comments lawyers.
Key provisions of the norm
Art. 1064 Civil Code in a new edition establishes that the damage done to the property or person of the physical person or the values of the organization must be compensated by the inflictor in full.
However, legislation allowsthe imposition of liability for harm on a subject who is not the direct causer. In the norms of law or the contract, the obligation of the guilty person to pay the injured persons in excess of the established compensation for infliction of harm. Under certain circumstances, this provision extends to the subjects that are not the culprits of the damage.
Nuances of the norm
Art. 1064 Civil Code in a new edition provides for the release of the damage culpritfrom the obligation to compensate him, if he can prove that in the occurrence of harm was not his intention. Meanwhile, the law can provide for liability and in the absence of the guilt of the subject.
Damage arising from the commission oflawful actions, should be compensated in the cases established by normative legal acts. If the harm was caused with the consent or at the request of the victim, the refund can be refused. In this case, the actions of the causer should not violate the generally accepted norms of morality.
Art. 1064 Civil Code of the Russian Federation with comments
The analyzed norm fixes the so-called "general tort". As mentioned above, the provisions articles are not new for the domestic system of law.
Art. 444 Civil Code of the year 1964, art. 403 of the Code of 1922 repeated the rules enshrined in the first paragraph paragraph 1 of Art. 1064 Civil Code of the Russian Federation.
The generally accepted conditions for the occurrence of liability for damage include:
- The wrongfulness of the actions of the subject who caused harm.
- The onset of negative consequences.
- Relationship between the consequences and behavior of the causer.
- The guilt of the subject who caused the damage.
Specific cases
In para. 3 of the first paragraph Art. 1064 Civil Code of the Russian Federation compensation of damage caused by lawful actions in cases specified by law is allowed.
To such situations, for example, can be attributedcompensation for damage caused by extreme necessity. It is a question of eliminating the threat both to the perpetrator and to other persons, if it could not be liquidated without causing damage.
Also it is necessary to say about the guarantees fixedfederal legislation. In particular, in accordance with the provisions of Article 18 of Federal Law No. 35 ("On Counteracting Terrorism"), in the order determined by the Government, the state provides compensation to physical and legal entities for damage incurred in the commission of the terrorist act.
Features of terminology
AT Art. 1064 Civil Code of the Russian Federation the concept of "harm" is not disclosed. There is no definition in other codes of the Code. In the Civil Code, such concepts as "lost profits", "losses", "real damage" are disclosed.
Meanwhile, in the theory of law there is a generaldefinition of harm. It is understood as any diminution of material or non-material goods protected by law, any negative changes in them, which, in turn, can be proprietary miles non-property. Simply put, harm is damage, loss, damage, loss, damage.
Within the framework of the theory, harm is seen as a depreciation (infringement) of the subjective right, which is related, among other things, to the destruction of the good.
Damage content
Harm in the framework of Art. 1064 Civil Code of the Russian Federation unites both property and non-property negative consequences.
The latter should be understood as moral damage, including moral and physical suffering (Article 151 of the Civil Code).
Property damage, as a rule, is expressed inmonetary amount. In its evaluation, the provisions of Article 15 of the Code are used. According to the norm, property damage includes lost income and real damage.
Origination of an obligation
Hurting causes responsibilityguilty subject to compensate for the negative consequences. A person whose subjective right was violated may demand full compensation for losses. However, the contract or legislation may provide for compensation in a smaller amount.
The losses (losses) should be considered:
- the costs of restoring the violated rights of the victim;
- The income that he would receive if he had not suffered damage;
- damage or destruction of his property.
If the subject who caused the harm extracted from thisprofit, the injured person has the right to demand compensation for loss of profits. At the same time, its size should not be less than such revenues. This right, however, does not exclude the possibility of the victim to claim compensation for other losses.
Guilt of the Causes
It stands, according to Art. 1064 Civil Code of the Russian Federation, as one of the grounds for imposing a duty on the person who caused the damage, the obligation to recover it.
Unlike the criminal law, in the CC of winethe subject who caused harm is presumed (assumed). Based on the provisions of paragraph 2 of the article in question, to prove the absence of intent must be the cause of the damage.
As explained by the Constitutional Court, the presence of guiltis recognized as the generally recognized principle of legal responsibility in any branch of law. Any exception to this provision should be expressed directly and unequivocally and be directly attached to the law. Given this, the Civil Code provides for subjective grounds for prosecuting for the damage done. In this case, for cases in which the fault is based, the question of the burden of proof is unambiguously resolved.
Special rules
As follows from the provisions Art. 1064 Civil Code, lawsuit harm compensation can be filed ifthe causer did not have the intention to commit acts that led to negative consequences. The obligation of compensation arises when the damage is caused as a result of illegal:
- conviction;
- penalties under the Code of Administrative Offenses;
- the application of the detainee's detention or taking from him a written undertaking not to leave the place;
- the application of arrest, suspension of activities (for legal entities).
The harm that has arisen must be compensated irrespective of the intent of the employees of the prosecutor's office, the inquiry, the court, the preliminary investigation.
The obligation to compensate for damage arises from citizens and organizations carrying out activities associated with increased danger to the public. To her, for example, include the use of:
- transport;
- mechanisms;
- atomic energy;
- high voltage electricity;
- potent poisons;
- explosives, etc.
Obligation is imputed if the said entities do not prove that the negative consequences arose from the intent of the victim himself or the force majeure.
Legislation provides for liabilitymanufacturer or seller of products, the entity that provided the service or performed the work, in the absence of their fault for damage to property, health / life of the citizen, the values of the organization due to:
- prescription, constructive or other shortcomings of work, products, services;
- providing incomplete / unreliable data about the product, service, work.
The duty to compensate for moral damage arises regardless of the fault of its culprit in cases stipulated by Article 1100 of the Civil Code.
Additionally
It is necessary to distinguish cases of attraction toresponsibility of persons in the absence of their guilt and a situation where the obligation to compensate for damage arises in the subjects that are not its causers. The latter should include:
- The emergence of the obligation to compensate for damage caused by extreme necessity. Responsibility rests with the subject in whose interests the harm-bearer acted.
- The emergence of the obligation to reimburse harm from the organization or physical persons for acts committed by an employee.
- Responsibility of the Russian Federation, region or municipality fordamage caused by state, local authorities and their employees, including for harm caused by unlawful actions by the bodies of the court, preliminary investigation, prosecutor's office, inquiry.
- Parents (guardians / adoptive parents) appearobligation to compensate for damage caused by a minor under the age of 14 years .; at trustees, parents, adoptive parents - for the harm inflicted by a child up to 18 liters.
