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THE CONCEPT OF THE CIVIL LIABILITY
Yuldasheva Sevarakhan Rakhmatullo qizi
Master's student of Tashkent State University of Law
https://doi.org/10.5281/zenodo.11487222
Undoubtedly, one of the necessary conditions for stable property relations is considered to be
the normatively fixed legal liability of each subject of civil law.
As a type of legal liability, liability in civil law has all the above-mentioned features. However,
it also has features that are due to the specificity of the civil legislation itself.
At the moment, the question of the concept of civil liability has not found its answer. Because
the term civil liability is not sufficiently developed in the doctrine of civil law. Most authors
have different legal positions on this concept. For example, one group of scientists
distinguishes positive liability, which is characterized by strict implementation of all
obligations. Regarding liability in the sphere of fulfillment of obligations, such liability is in
fact similar to the proper fulfillment of obligations.
According to Article 11 of the Civil Code of the Republic of Uzbekistan:
Protection of civil rights is carried out by:
recognition of the right;
restoration of the situation that existed before the violation of the right, and suppression
of actions that violate the right or create a threat of its violation;
recognition of the transaction as invalid and application of the consequences of its
invalidity;
recognition of the act of a state div or self-government div of citizens as invalid;
self-defense of the right;
awarding the performance of an obligation in kind;
compensation for damages;
collection of a penalty;
compensation for moral damage;
termination or change of legal relationship;
non-application by the court of an act of a state div or self-government div of citizens
that contradicts the law.
Protection of civil rights can also be carried out in other ways provided for by law [1].
Of course, civil liability is a sanction for offenses, which imposes negative consequences on
offenders. They can be in the form of deprivation of subjective civil rights, or imposes new
civil obligations.
Undoubtedly, the emergence of civil liability directly depends on the presence of certain
conditions. As many believe, objective elements include illegal actions and their results (harm,
losses), a causal relationship between actions and harm. And the subjective side contains the
guilt of the offender.
For example, in accordance with a supply contract concluded for a period of 2 years, the
supplier of products is obliged to supply the buyer with these products in equal monthly lots.
If the products were not supplied within one month, then the volume of products not supplied
in this month must be supplied in the following month of the current year. But on the
condition that the buyer does not refuse the products, the delivery of which for some reason
was delayed. For failure to fulfill the terms of the contract on the quantity of products
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supplied, the supplier must not only compensate the damages caused to the buyer, but also
pay a penalty, if such a condition is provided for by the contract.
Since civil law largely regulates property relations, civil liability is characterized by property
content. As a consequence, civil liability has a property (economic) impact on the offender. It
also acts as one of the methods of economic regulation of social relations. Secondly, liability
under civil law (liability for breach of obligations) is the liability of subjects of civil
transactions to others, i.e. the liability of offenders to victims. In civil law relations, breach of
obligations by one party usually results in the violation of the rights of the other party. For
this reason, property measures applied for committed offenses, in many cases, have the goal
of restoring or compensating for the violated rights of victims.
Thirdly, one of the main features of civil liability is the correspondence of the scope of liability
to the scope of damage or losses caused. In this case, we are talking about the limit of civil
liability, its compensatory nature, the equivalence of compensation to victims for damage or
losses caused.
Fourthly, another of the main characteristics of civil liability is the possibility of applying
equal measures of liability to different subjects of civil law relations for similar offenses. This
characteristic is due to the fact that it is necessary to ensure consistent implementation of the
principle of equality of participants in civil transactions. The unambiguity of the properties of
civil liability helps to formulate its concept. Civil liability is one of the forms of state coercion.
It is manifested in such actions as the recovery of property measures from offenders in favor
of victims by a judicial div, the transfer of unfavorable property consequences of their
actions to offenders.
Also, through civil liability, it is possible to restore the violated property sphere of victims.
Civil liability is aimed at achieving the corresponding goals: to prevent and suppress
violations of civil rights; to restore violated interests; to protect law and order in the sphere of
economic turnover. Civil liability is characterized by compensatory and preventive functions.
The compensatory function means eliminating the unfavorable consequences of offenses for
victims, diminishing the property sphere of offenders. The preventive function is understood
as the focus on eliminating similar offenses in the future [2].
References:
1.
Гражданский Кодекс Республики Узбекистан от о21.12.1995 года.
2.
ФОРМЫ И ВИДЫ ГРАЖДАНСКО-ПРАВОВОЙ ОТВЕТСТВЕННОСТИ Юркина Дарья
Сергеевна, студент (e-mail daryasergeevna02sd@gmail.ru) Цокур Елена Федоровна, к.и.н.,
доцент Юго-Западный государственный университет, г.Курск, Россия.
