ВІДПОВІДАЛЬНОСТІ СТОРІН ЗА НЕВИКОНАННЯ ЗОБОВ’ЯЗАНЬ ЗА ДОГОВОРОМ ОРЕНДИ ДЕРЖАВНОГО ТА КОМУНАЛЬНОГО МАЙНА

Abstract

The current importance of the theme is determined by the peculiarity of the institute itself and the content of civil liability. This institute is present and is of particular importance in all transactions without exception. Legal liability, as a form of civil sanction, is the reliance on an obliged subject, based on the law, of negative legal consequences, which are indicated in the deprivation of his certain rights or in the change as well as in the attachment of a dereliction of duty to a new one.

Charging the obliged person with the new, additional obligations, as a measure of responsibility, is when the obliged subject claimed for damages, payment of a penalty.

Therefore, the main responsibility is compensation of a damage, penalty, and loss of deposit.

Furthermore, the negative consequences mentioned above are additional obligations because the debtor's main responsibility is to transfer property, do works, provide services, and perform on an equivalent and paying basis. However, by paying the penalty as well as losing the deposit or compensating for the damage, the debtor does not receive any compensation from it, so the debtor is charged with all the unprofitable financial consequences of breach of obligations, including the obligation under the lease.

The value of civil liability is revealed through its functions. Firstly, the carrying out an obligation on the obliged subject to restore the violated right of the entitled person. Secondly, the threat of application the means of liability is intended to prevent the committing of offenses by the subjects of civil legal relations, bringing them up in the spirit of respect for the law, the rights and interests of the third parties, the rigid fulfillment of the undertaken obligations.

Thirdly. As a type of legal liability, civil liability is a negative reaction of the state to committing illegal actions, which is condemned by the society and the state, and therefore is a measure of liability for the obliged person.

Fourthly, the application of liability measures to the offending person can negatively affect his financial situation.