Practical aspects of establishing guilt in contractual civil law relations

Abstract

The main task of civil law regulation is to ensure the stability of civil circulation and to protect the violated rights of individuals and legal entities. Participants in civil law relations affected by non-fulfillment or improper fulfillment of concluded contractual obligations should be able to protect their rights and legitimate interests, as well as compensate for losses caused. In this regard, the mechanisms for protecting violated civil rights established in the current Civil Code of the Republic of Kazakhstan are important means of achieving this goal. The purpose of the study is to identify new approaches to the formulation and establishment of guilt in contractual civil relations. The article analyzes court decisions on contractual civil law relations. Based on the analyzed court decisions, it was found that for many forms of contractual civil liability, in addition to compensation for damage caused, there is a reduced (formal) composition of the offense consisting of two elements: unlawful action (inaction) and guilt, and in this composition harm may not be an obligatory element.