Civil Liability


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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.

References in periodicals archive ?
On the other hand, Ramos will serve four months imprisonment without fine but also ordered to pay a part of the government P360,000 as civil liability.
he Civil Liability for Nuclear Damage Bill 2010 is a highly debated and controversial bill passed by both houses of parliament.
The Supreme Court has already paid attention to the fact that the laws do not presume the damage caused by the unlawful acts of managers and its participants; the unlawful acts of the company's governing bodies solely are not sufficient for the emergence of their civil liability.
Instead, the Commission recommends that each member state should take measures to limit liability according to its own preferred method, while simultaneously stating that any limitation of civil liability should not prevent parties from being fairly compensated.
Second, these provisions also would expose creditors to substantial additional civil liability risk in litigation by creating a new set of requirements that will be subject to civil liability under the act generally and by increasing these penalties for violations of the new provisions tenfold.
One solution, of course, is to adopt the German approach, which takes a rather restrictive view of the independent auditor's civil liability.
But in the history of special interest politics, the California Civil Liability Reform Act breaks new ground.
Services on insurance of civil liability of carriers for causing harm to life, health, property of passengers
Summary: His Highness Shaikh Khalifa bin Zayed Al Nahyan, President of the UAE, has issued Federal Law by Decree No 4 of 2012, Concerning Civil Liability for Nuclear Damage.
As demanded by the bills, the Parliament allowed the Iranian government to join the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and Convention on Civil Liability for Oil Pollution Damage.
Providing general information on the civil liability process as it affects police and correctional institutions, this text uses Supreme Court and lower court decisions to illustrate how different cases have been applied in criminal justice agencies.
Food and drink manufacturers, distributors and sellers gain protection from civil liability related to consumption of such products as long as the product was in compliance with all the applicable rules and laws.