Оговорки об ответственности в гражданском праве

Abstract

Civil liability is based on principles. They define the conditions and scope of liability. These are the rule of full compensation for damages, the principle of liability for fault, the presumption of guilt, etc. The possibility of exclusion or limitation of liability clauses and other conditions on the modification of liability are reviewed. The legal prohibitions and limits of contractual freedom to modify liability for breach of contract are analysed. Liability can be limited to an exceptional penalty or only one form of damages, such as actual damages. It is permissible to limit the damages, e.g. to a maximum amount of penalties, a percentage of the debt or a fixed amount; liability only if there is a certain form of fault, etc. Commercial parties may agree on liability for fault or limit it to a “force majeure” clause. It sets out the cases of breach of contract in which the debtor is not liable. There is no legal basis for the prohibition of absolute liability, including for force majeure. Liability for wilful breach of contract cannot be excluded. Liability cannot be excluded if it contradicts the essence of the statutory regulation, e.g. the liability of a professional security guard, carrier or freight forwarder. The liability of a debtor under a contract of adhesion or other contract where the creditor is a citizen-consumer cannot be preliminarily limited. Explored the possibility of a contractual change from the presumption of guilt to the presumption of innocence of the debtor. The dual procedural and substantive nature of the presumption of guilt was found. Procedural rules are rules of public law and cannot be the subject of agreement.