Subjects of delict obligations

Abstract

An independent subject of responsibility for the damage caused is only a natural person or a legal entity capable of delict. A person is recognized as capable when has reached the age of 14 (except for the cases specified in Part 2 of Article 1179 of the Civil Code of Ukraine) and is not recognized as incapable. A creditor is a person who has been injured (victim) and has the right to claim. The debtor (obligation bearer) is the person who is responsible for the damage. As a rule, it is the person causing of damage. In the cases stipulated by the law, the debtor is not the person who caused the damage, but the person responsible for the behaviour of the person who caused the damage. In the event of the victim's death, the creditors in the delict liability are disabled persons who were dependent on him or had the right to receive maintenance from him on the day of his death, as well as the child of the victim born after his death. Legal entities are liable in cases where damage is caused by the activities of its bodies or in other cases provided for by law.
 In the obligations for causing damage, there is a plurality of persons in the obligation. Active plurality, that is, the presence of several creditors and one debtor, is not very common. Even if several victims are harmed by the actions of one person, it is considered that there are several obligations existing between the responsible person and each of the victims. Exceptions to this rule are cases of damage resulting from the death of a person. Passive plurality or the presence of several debtors occurs more often in delict liability. The nature of the liability of several debtors depends on what their actions are that led to the damage.
 The special subject of responsibility is the state. The state is the responsible entity for the liquidation of property consequences of illegal actions of judicial and law enforcement agencies. That is why it is obliged to fulfil its subjective duty to restore the violated property sphere of the victim.
 The person who compensated for the damage caused by his actions, has the right regress, that is, the right to apply for the return of the payment to the debtor, whose fault the damage was caused.