АКТУАЛЬНІ АСПЕКТИ ЦИВІЛЬНО-ПРАВОВОЇ ВІДПОВІДАЛЬНОСТІ В ЗОБОВ’ЯЗАЛЬНИХ ПРАВОВІДНОСИНАХ

Abstract

The value of civil law is that it contains in its rules a wide range of means of influence on the behavior of individuals and legal entities, because of their interests and through interests. One of such means of influence on the property interests of persons in the application of property sanctions to the offender, in particular, civil liability.

The question of the essence of sanctions, its varieties, and the relationship with the concept of responsibility remains controversial, both in the literature on the general theory of law and in the branch of jurisprudence. Therefore, the subject of our research will be the ratio of sanctions, state coercion, negative consequences, the requirement of proper behavior, which is based on a legal obligation. Based on the positions of civil scientists, the relationship between the legal status of liability and the mechanism of its application should be investigated.

The research defines the essence and concept of civil liability, analyzes its content and aspects of influence on the behavior of participants in civil legal relations. The grounds and legality of the application of responsibility obligations legal relations are determined.

The development of this problem at different times engaged leading scientistscivilists such as V.V. Vitryansky, M.V. Braginsky, E.A. Sukhanov, O.O. Ioffe, O.V. Dzera, I.M. Kucherenko and others.

It should be noted that the Civil Code of Ukraine contains a significant part of the new provisions of the Institute of Civil Liability, which in Soviet times and period of modern history of Ukraine were not applied.

Responsibility in civil law relations belongs to the legal institute, which has always attracted increased attention among scientists and practitioners. The research of this topic is defined by the definition of the essence of responsibility, its legal nature, the principles of the application of responsibility for the obliged person.