Civil liability for breach of contract

Abstract

The article reveals the role and issues of civil liability for breach of contract. It is determined that without the possibility of bringing the violator to justice, the performance of a civil obligation itself loses the quality of obligation and gives the debtor contempt for performance. Responsibility can take many forms. The most important of these are damages and damages by the debtor to the creditor. The main and universal form of liability is compensation for damages caused by breach of obligation. Conditions different from those provided for in the Civil Code may be established by law or contract for the implementation of a specific form of liability. The essence of liability for breach is that it, first, reimburses the creditor for property losses caused by breach of obligation by the debtor; secondly, encourages the debtor to properly fulfill the obligation; third, punishes the debtor for non-performance or improper performance; fourth, to some extent, it encourages the creditor to enter into an obligation, as it provides compensation for possible losses caused by the failure of the counterparty; fifth, it confirms in the eyes of others the facts of the debtor's indiscipline. It is important in determining the civil liability for breach of contract to comply with the principles of good faith and reasonableness of the parties to civil relations, which should be applied in assessing the actions of the debtor. Prosecution is the implementation of the sanction of the legal norm established in the case of a civil violation. That is, the liability to which a violator of a civil obligation can be held is one of the most important institutions of civil law. The issue of civil liability for breach of contract is a very important element of protection of the human right to civil protection.