Page 249 - 6421
P. 249

may  be  in  a  contractor's  employment  relationship,  for  example,  in
                  keeping things.
                         In civil liability, two or more persons may act on the part of a
                  creditor  or  a  debtor.  Depending  on  the  distribution  of  rights  and

                  obligations between the entities, the obligations with the plurality of
                  persons  are  distinguished  by  partial  (unit),  joint  and  additional
                  (subsidiary) obligations. Responsibility for breach of these obligations

                  is partial, solidary or subsidiary.
                         Solidarity  obligations  arise  when  they  are  stipulated  by  the
                  contract,  established  by  law  or  other  legal  acts,  with  the
                  incommensurability  of  the  subject  of  the  obligation.  If  there  is  one

                  creditor  and  several  debtors  in  such  an  obligation,  the  creditor  is
                  entitled to demand execution both from all debtors together, and from
                  each of them individually, both in full and in part of the debt. Without

                  obtaining full satisfaction of their claims from one of the joint debtors,
                  the creditor may claim insufficient from the rest of the joint debtors.
                  All debtors remain obligated until the obligation is fully fulfilled.

                         As a general rule, civil law provides for the debtor's (contributor)
                  duty to pay damages to the creditor (victims) in full. Responsibility in
                  these cases is considered complete. Under certain types of obligations,

                  the law may establish a limited liability for non-fulfilment or improper
                  performance  of  obligations.  The  contract  may  be  subject  to  the
                  imposition of a penalty without the right to compensation (alternative
                  penalty).  And  for  the  exclusive  and  alternative  penalty,  the  debtor

                  liability  for  breach  of  the  obligation  is  limited.  The  correlation
                  between the penalty and the damage may be taken into account by the
                  court and when it comes to reducing the size of the penalty by a court

                  decision. Thus, the amount of the penalty can be reduced by a court
                  decision, if it significantly exceeds the amount of damages, and in the
                  presence of other circumstances that are significant.
                         Civil  liability  is  negative  for  the  offender  as  a  result  of  the

                  offense committed by him. The legal basis for such liability is the law,
                  and  in  fact  the  composition  of  the  civil  law  offense.  Responsibility
                  comes with the following conditions:

                         - illegal behaviour (actions or inactivity) of a person;
                         - the harmful result of such behaviour (harm);
                         - causal link between wrongful conduct and harm;

                         - guilty of the person who caused the damage.



                                                              249
   244   245   246   247   248   249   250   251   252   253   254