Civil Liability

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The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

Liability, Civil


the liability of a citizen or legal person for violation of obligations arising in a civil law relationship.

Civil liability typically involves property, as in compulsory repossession or recovery of a sum of money. The most common forms of civil liability are compensation for losses and payment of a penalty or fine. Civil liability may also consist of nonproperty sanctions against the violator, such as the requirement that he repudiate prior statements that defamed the honor and dignity of citizens and organizations.

Under Soviet law, the grounds, limits, and types of civil liability are defined by the Basic Principles of Civil Legislation of the USSR and the Union Republics, the civil codes of the Union republics, the Railroad Statute, and other such normative instruments. Civil liability ensues only when injury or damage is inflicted on a victim through the illegal and culpable behavior of a person bound by obligation and where there is a causal relationship between the illegal behavior and the damage. Civil liability ensues upon nonexecution or improper execution of a contract; this constitutes contract liability. Damage caused to one person by the illegal actions of another constitutes noncontract liability.

If there are several creditors or debtors involved in an obligation, that is, if there is a plurality of obliged parties, a distinction is made between several liability, joint liability, and subsidiary liability. For example, under several liability, each of a number of debtors is responsible, but only to a certain defined extent. Under joint liability, the creditor has the right to demand full execution from any of the debtors. A debtor who has singly fulfilled a joint obligation has the right to bring suit against his fellow debtors. Subsidiary liability recognizes the right of a creditor, after bringing suit against the primary debtor, to seek the unfulfilled portion of the obligation from another debtor. Examples of subsidiary liability include the liability of joint debtors to a fellow debtor who has compensated losses jointly caused, the liability of parents or guardians for damage caused by their minor children between the ages of 15 and 18, and the liability of a guarantor under a contract of suretyship.

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
''Yung civil liability, it pertains to the offended parties Yung remedy na gina-grant sa offended party or their relatives, ang tawag kasi diyan ay private complainant, so yung family ni Gomez and Sarmenta, sila ang private complainant.
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Having stated that, namely, civil liability may be applied to the manager of the joint-stock company, it must be stated as well that in order to apply civil liability to the manager it is necessary to determine all conditions of its application--unlawful acts, damage (losses), causality and guilt.
The scope of the recommendation is relatively narrow; it only concerns the civil liability of auditors and audit firms in entities admitted to trading on a regulated market in a European Union member state.
Other amendments provide for member states to become party to two other international conventions on civil liability and insurance: the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (the Bunkers Convention) and the 1996 Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (the HNS Convention).
Initial issues include articles and stories on such topics as: civil liability for police pursuit driving, grooming and appearance rules for public safety workers, including jewelry, cosmetics and religious headwear, civil liability for prisoner suicide, civil liability for use of police dogs, access to courts and legal information, police liability for excessive force, illegal search and seizure and investigative detention, habeas corpus petitions, liability for prisoner illnesses acquired while incarcerated, use of security housing units, and liability for prison violence.
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