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The first three conditions (illegality, harm, causality) are
objective, and the fourth (fault) - the subjective grounds of civil
liability.
The following behaviour of a person who violates the
requirements of a law or other normative act or was found to be in
violation or inadequate performance of a contractual obligation is
considered to be illegal. Contradiction of the behaviour of the debtor
or the creditor is in violation of the contractual obligation. According
to Art. 610 CCU violation of the obligation is its non-fulfilment or
improper fulfilment, that is, execution in violation of the conditions
defined by the content of the obligation.
It is a pity - the second indispensable condition of civil liability
in the form of damages. Under the threat of a decrease or loss (loss) of
a certain personal or property blag. Depending on the object of the
offense, distinguish between property and non-property (for example,
moral) harm.
According to Art. 22 The Central Committee of the person who
caused damages as a result of violation of its civil law has the right to
their reimbursement. Damages are fully reimbursed if the law or
agreement does not provide for reimbursement at a lesser or greater
amount. If the person who violated the right has received from it
revenues, then the amount of losses that is compensated to the injured
person in connection with the non-receipt of her income cannot be less
than the income received by the violator of the right. At the request of
the person who has been harmed and in accordance with the
circumstances of the case, the damage may be compensated in another
way, in particular, damage, property inflicted, may be compensated in
kind (passing the same kind of thing and quality, repairing the
damaged thing, etc.) . The current legislation does not provide for a
debtor's obligation to compensate the creditor for losses caused by
inflation.
Violation of personal and property rights can cause the victim to
incur moral (non-property) damage. According to Art. 23 The CC
person is entitled to compensation for moral damage caused by
violation of his rights. Moral damage consists, in particular, in the
humiliation of honour, dignity, as well as the business reputation of a
financial or legal person.
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