Features of art. 1064 of the Civil Code of the Russian Federation
In the practice of courts, cases involving compensation for damage to property or an individual are often considered.General grounds of liability for harmdefines the Civil Code. Consider their specifics.
Art. 1064 of the Civil Code of the Russian Federation (in new edition)
If one subject has caused damage to the individual or to the property of another individual, to the material values of the organization, then the injured party is entitled to file a claim for compensation for the losses incurred. Point 1 of Art. 1064 of the Civil Code of the Russian Federation establishes that compensation must be made in full. The contract or law may provide for additional compensation. The obligation to pay damages may be imposed on a person who does not act as his immediate causer.
According to art. 1064 of the Civil Code of the Russian Federation (in new editiona) a person may be exempted from the obligation to compensate for the damage. For this, the subject must prove that there is no guilt in the onset of consequences. Meanwhile, the law provides for cases where the obligation to compensate for damage is imputed in the absence of intent.Harm that has arisen due to lawful actions is reimbursed in cases specified by law. Damage compensation may be refused if it was caused at the request of the victim. In this case, the actions of the perpetrator must not violate the moral principles of society.
Art. 1064 of the Civil Code with comments
The considered norm defines the basic conditions for imposing on persons the obligation to compensate for the damage caused. The traditional grounds for liability are:
- Illegal actions of a person.
- The occurrence of consequences.
- Relationship damage and illegal behavior.
- Wines of the causer.
Illegal actions are expressed in violation of the established norms, subjective rights of legal entities and citizens. FROMt. 1064 of the Civil Code of the Russian Federation (in paragraph 1 of the third paragraph)allows compensation for damage arising from the commission of legal acts only in cases established by federal law. Such situations, for example, include a state of extreme necessity. In this case, it is meant the elimination of the danger that directly threatens the provider or other subjects.At the same time, actions can be recognized as lawful, if it was impossible to prevent the consequences other than to damage property or a person. It should be borne in mind that, according to Article 18 of the anti-terrorism law, in the manner determined by the government, the state reimburses organizations and citizens for the harm caused by the terrorist act.
Features of the definition
In civil norms there is no explanation of the term "harm". In Art. 15 of the Code defines such concepts as "losses", "lost profits", "real damage". In a broad sense, a category that is considered inst. 1064 of the Civil Code,It is regarded as any derogation of the non-material and material benefit protected by the law, any adverse changes in it. They can be moral or property. In the first case, the victim experiences moral and physical suffering. The monetary expression of property damage is a loss. They, in turn, include lost profits and real damage.
It acts as one of the conditions of use.st. 1064 of the Civil Code.Thus, clause 2 of the provision specifies that the defendant must provide proof of the absence of guilt. Presence of intent is considered to be the generally accepted principle of responsibility in all legal branches.As noted by the Constitutional Court, any deviation from this provision should be clearly and explicitly fixed by the rules. In accordance with this, civil law establishes subjective grounds for bringing persons who have caused harm to justice.
Indemnity in the absence of guilt
Such compensation is also allowed.st. 1064 of the Civil Code of the Russian Federation (p. 2).The norm in this case refers to other provisions of the law, which provide for the relevant cases. These, in particular, include:
- Compensation of damage caused to the subject due to his unlawful conviction, prosecution under the Criminal Code or the Administrative Code, or the application of a number of preventive measures to him (on his own recognizance and placement in custody).
- Compensation by persons whose activities are associated with high danger to others, damage caused by its source. Responsibility comes in the event that these subjects can not prove that the damage was caused by the action of force majeure or the intent of the victim.
- Compensation of manufacturers / sellers of products, contractors or service providers for damage to health, property,the life of a citizen or the material values of a legal entity due to prescription, constructive and other defects of the product, work or service. Responsibility also occurs if the seller / manufacturer has provided insufficient information or incorrect data about the product.
Indemnification of moral damage is made irrespective of the fault of the subject who inflicted it, in the cases specified by art. 1100 Code. In this case, one nuance should be taken into account. Cases in which there is no fault should not be confused with situations where the obligation to compensate for harm may be imputed to a subject who is not his immediate causer. The latter, for example, include the urgent need mentioned above. In addition, such situations include the compensation by the legal entity of the harm caused by his employee.