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OBLIGATIONS ARISING FROM DAMAGE IN CIVIL LAW AND THE
PROCEDURE FOR THEIR COMPENSATION
Sarsenbaeva Ellada Tengelbaevna
Student of the Faculty of Law, Karakalpak State University
https://doi.org/10.5281/zenodo.15286873
Introduction
Obligations arising from damage (delictual obligations) are one of the key
institutions of civil law, playing a central role in restoring violated rights and
protecting the property and non-property interests of individuals [1]. With the
development of market relations and increased economic activity in Uzbekistan,
the number of damage-related cases is also growing, which in turn necessitates
the fair resolution of such disputes, effective protection of victims' rights, and
the improvement of relevant legislation [2]. The aim of this thesis is to analyze
the legal nature of obligations arising from damage, the conditions for liability,
types of damage, and legal mechanisms for compensation, based on the current
Civil Code of the Republic of Uzbekistan, decisions of the Plenum of the Supreme
Court, and scientific sources.
1. The concept of delictual obligations and the grounds for liability
Chapter 57 of the Civil Code of the Republic of Uzbekistan regulates
obligations arising from damage. These obligations arise outside of contractual
relations, as a result of unlawful actions (or inaction) by one person that cause
harm to another person’s individual or property rights, and are referred to in
legal literature as "delictual obligations" [3]. According to Article 985 of the Civil
Code, the inflicted damage, including lost profits (Article 14 of the Civil Code),
must be compensated in full by the person who caused the damage.
For civil liability to arise for causing damage, as a general rule, the following
four conditions must be met simultaneously:
1.
the unlawfulness of the action (or inaction) of the person causing the
damage;
2.
the existence of actual damage (material or moral);
3.
a causal link between the unlawful action (or inaction) and the damage;
4.
the fault of the person who caused the damage (in the form of intent or
negligence).
An important point is that, according to Part 4 of Article 985 of the Civil
Code, the fault of the person causing the damage is presumed, meaning that they
must prove their lack of fault, which facilitates the protection of the victim’s
rights.
Damage is classified into material and moral types. Material damage
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includes actual loss (expenses incurred or to be incurred to restore the violated
right, loss or damage to property) and lost profits (income that could have been
obtained if the right had not been violated), as defined in Article 14 of the Civil
Code [4].
Moral damage refers to physical or emotional suffering inflicted on a person
(Article 1021 of the Civil Code). It arises from the violation of non-property
rights such as life, health, honor, dignity, business reputation, personal
inviolability, etc. [3]. According to Article 1021 of the Civil Code, moral damage
is usually compensated when the person who caused the harm is at fault.
2. The procedure and scope of compensation for damage
Article 985 of the Civil Code establishes the principle of “full compensation”
for damage. Material damage may be compensated in kind (e.g., repairing the
damaged item or providing an identical item) or in monetary form (paying the
amount of the damage). Moral damage, however, is compensated only in
monetary form [4]. The amount of damage must be proven by establishing the
extent of actual loss and lost profits.
Special rules apply when compensating for damage to an employee’s life or
health, and in this regard, Resolution No. 18 of the Plenum of the Supreme Court
dated December 19, 2003, plays an important role.
The court may reduce the amount of liability if the victim's own behavior or
gross negligence contributed to the occurrence or increase of the damage
(Article 999 of the Civil Code). However, the financial situation of the person
who caused the damage generally cannot be a basis for reducing liability—
except in cases involving harm to life or health (Article 1000 of the Civil Code).
These provisions aim to strike a balance: on the one hand, ensuring fairness by
considering the victim's contribution to the damage, and on the other, not
prioritizing the tortfeasor’s financial difficulties over the victim's right to full
compensation.
Conclusion
The civil legislation of the Republic of Uzbekistan has a well-developed system
for regulating obligations arising from damage (delicts). Chapter 57 of the Civil
Code and other relevant provisions define the general (unlawfulness, damage,
causal link, fault) and specific conditions of liability, cases of strict liability, types
of material and moral damage, and the mechanisms for their compensation. The
decisions of the Plenum of the Supreme Court [5] provide important guidance
for the practical application of these norms. Special aspects of liability are
envisaged for specific subjects such as state bodies, minors, owners of sources of
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increased danger, and in cases involving defective goods.
At the same time, there are opportunities to further improve the legislation
based on practical challenges [3] and academic proposals [3]. In particular,
refining the criteria for assessing moral damage and reviewing liability
measures for certain types of delicts could be timely. The continuous
development of delict law contributes to the more reliable protection of the
rights and legitimate interests of individuals and legal entities.
References:
1.
Zokirov, I. B. (2006). Fuqarolik huquqi: Darslik (umumiy qism). Toshkent.
https://renessans-edu.uz/files/books/2023-11-04-06-40-
28_fe71b5e743a472589ed5c6eba86dabb0.pdf
2.
Mualliflar jamoasi. (2013). Fuqarolik va oila huquqi: Ma'ruzalar kursi.
Toshkent.
http://ilmiy.bmti.uz/blib/files/86/Fuqarolik%20va%20oila%20huquqi.pdf
3.
Mustafayev, B. U. (2022, aprel). Fuqaroning hayoti va sog‘ligiga yetkazilgan
zarar o‘rnini qoplash tartibi va usullari, qonunchilikni takomillashtirish
muammolari.
https://www.oriens.uz/media/journalarticles/20_Mustafayev_Baxtiyor_Ulashev
ich_179-199.pdf
4.
O‘zbekiston Respublikasi Fuqarolik kodeksi - LEX.UZ, https://lex.uz/acts/-
180552
5.
O‘zbekiston Respublikasi Oliy sudi Plenumi. (2000, aprel 28). Ma’naviy
zararni qoplash haqidagi qonunlarni qo‘llashning ayrim masalalari to‘g‘risida
qaror (7-son). https://lex.uz/docs/-1449509
