Tort Obligations Research Articles

Features and limits of delinquency of minors in relations of a diversified type

In the article, the author examines the features of one of the elements of the legal personality of minors, their delictability, and determines its specificity in relations of a diverse type (civil, family, procedural, labor, criminal) with their participation. The author identifies the sectoral features of his delictability, due to the essential influence of his individual criteria, physical and social maturity, belonging to a special subject of responsibility and the content of industry norms defining the basis and conditions of his responsibility. The author proves that at the present stage of development of the legislation of the Russian Federation, the norms defining the responsibility of minors require regularity and systemic changes, in particular the theoretical and practical need for the allocation of so-called special torts. The article argues the conclusion about the need to take into account in tort obligations the responsibility not only of minors and their legal representatives in cases of their lack of proper performance of rights and obligations towards a minor, but also to take into account current trends in the development of legislation that allow considering the issue of reciprocal responsibility of legal representatives to minors.

Compensation for the Loss of Ability to Labor and other Gainful Activities as an Alternative to Loss of Earnings (Income) Compensation for the Victim in Tort Obligations

The paper is devoted to the problem of determining compensation for the loss of the ability to labor and other gainful activities as an alternative to loss of earnings (income) compensation. The author draws attention to the legal and doctrinal conditions that ensure the recognition of the ability to gainful work as an independent property of the victim’s personality subject to economic assessment regardless of the actual decrease in the victim’s financial well-being. The paper highlights that the speculative nature of the claim of this kind is greatly exaggerated, since only the indicator of depreciation of the ability to gainful work in various forms has the property of uncertainty, and it is necessary to refer to the category of expected earnings (income) only when it is evaluated as a monetary equivalent. Based on the interpretation of the principles of reasonableness and feasibility, the the author concludes that it is critically important to use traditional calculation parameters (the degree of disability and estimated income) that allow providing an economic assessment of the totality of the lost professionally significant qualities of the victim that he could use in the field of gainful employment in different periods of life in the absence of an event of a wrongful act. The paper justifies that, with respect to certain categories of victims (minors, individual entrepreneurs, etc.), the necessary degree of reliability of such parameters can be achieved by referring to official statistical information or summary indicators prepared on its basis (average age of commencement of employment, indicators of profitability of certain types of economic activity, etc.).

Reduction of the Quality of Life as an Independent Kind of Non-Economic Losses in Case of Damage to Health

The paper is devoted to examination of the decline in the overall quality of life of a person who has suffered health damage as an independent kind of non-economic losses. The author defines doctrinal and regulatory prerequisites for the development of scientifically grounded criteria for its assessment and compensation in tort obligations. It has been established that, despite the use of the term «physical suffering» in Article 151 of the Civil Code of the Russian Federation, this element does not have reliable accounting methods when determining compensation for moral damage, largely due to the concentration of the appropriate method of civil rights protection on the act of unlawful behavior itself and the combination of the functions of conditional restoration of individually perceived losses and private sanctions. Taking into account significant foreign experience (Australia, Spain, Italy, USA, France, etc.), the author substantiates that consideration of adverse changes in the general parameters of the physical condition of the victim separately from the moral harm construction is predetermined by their role as a non-economic basis for the life of each person, resulting from a resource-oriented approach to the category of quality of life. The author proposes the method of calculating compensation for non-material damagebased on the principles of isolation of the assessment of physical conditions for temporary and persistent injuries, the complexity of factors of the impact of health damage on the overall quality of life of the injured person, the objectivity of the characteristics of the severity of pain. The scope of application of the construction of moral harm in legal relations under consideration is clarified, extending it to physical and moral suffering, developing from the accompanying intangible losses of «special value» (loss of the ability to enjoy professional activities and ordinary daily activities, loss of prospects for personal growth in sports and hobbies, etc.).

Formation of principles of justice and good faith in Roman private law

In addition to the traditional methods of analogy of law and analogy of lex, the application of the recommended clarifications of higher specialized courts, the role of the principles of justice, good faith and reasonableness, which by their properties can serve as a fundamental, universal and optimal basis for modeling a decision based on specific civil case.
 Roman law is the formation source of the Romano-Germanic type`s legal system, including the basis for the creation of tort liability. Tort obligations to compensate victims of property losses caused by a committed offense (delict), the very first type of obligations since their origin, were introduced by Roman lawyers.
 The purpose of the study was to carry out a retrospective analysis of the genesis and development of the principles of justice and good faith in Roman private law.
 The article provides a retrospective analysis of the essence of tort liability in Roman law, taking into account the periodization of its development: the archaic period, the republican period, the imperial period. It was established that the formation and application of evaluative principles: justice and good faith in law enforcement activities, — have firstly appeared in Roman law. It was noted that the principle of justice (aequitas) was most often applied when it was necessary to resolve the contradiction between the established application of the law and a specific non-standard case, through a reasonable reconciliation of justified opposing interests in the spirit of this legal institution and an innate sense of justice (aequitas naturalis).
 There is no integral consolidation of the concept of good faith in sources of Roman law. The existence of such an evaluation principle is confirmed only in law enforcement practice, most often when solving casual cases. It was established that the principle of reasonableness in the meaningful manifestation in which it exists today was not finally formed in Roman law. This principle was formed in the subsequent reception of Roman private law.

PUNITIVE AND FAIR FORMS OF COMPENSATION FOR HARM TO HEALTH IN THE SOURCES OF LAW AND THE CIVIL LAW DOCTRINE OF THE RUSSIAN EMPIRE IN THE LATE 19TH - EARLY 20TH CENTURY

Despite the fact that one of the most important tasks for the development of the institution of compensation for losses is recognized as a strict regulation of the conceptual base, in modern civil law, the issues of choosing forms and methods of compensation for harm to health remain without proper theoretical justification and consideration. Since the problems of applying civil law consequences of damage to a given intangible good are usually revealed exclusively in the context of applying the institution of compensation for moral damage, it is of particular interest to study the history of the development of general rules for the onset of tort liability for harm to health, as well as the first attempts to attract insurance compensation funds to protect the property interests of accident victims. Purpose: to study the doctrinal sources and norms of civil law of the Russian Empire of the late 19th - early 20th centuries, related to the development of traditional and alternative legal forms of compensation for harm to health, in order to identify approaches that are relevant in modern conditions. The specific tasks are to identify the problems of legal regulation of the relevant social relations, underlying theoretical approaches and individual significant opinions on the issues of the essence and legal nature of tort liability in its various modifications, as well as alternative legal remedies for harm to health. Methods: general philosophical (materialistic, dialectical), general scientific (logical, system-structural, axiological), specific scientific (formal-legal, historical-legal, systemic) research methods are used. Results: the author substantiates the existence in the sources of law and the civil law doctrine of the Russian Empire of the period under consideration of the prerequisites for an expanded interpretation of the construction of tort liability, where such liability is accompanied by the inclusion of a fair obligation to compensate for material losses of a certain activity. Legal tools to individualize the punitive function of such liability, unusual in the modern era, have been identified (restrictions preventing the transfer of material losses to persons who are not delinquents when they commit crimes, the possibility to cover the indirect consequences of an offense with reward in terms of intentional unlawful acts, etc.). The difference between punitive and fair forms of compensation for harm is presented as a system-forming problem of civil law, the solution of which remains today the methodological «key» to overcome gaps and contradictions in the legal regulation of tort obligations.

Компенсация морального вреда при нарушении права на личную и семейную тайну

The permissibility of a wider application of compensation for moral damage in violation of family rights in the science of family law is assessed ambiguously. The law provides for such an opportunity only in paragraph 2 of paragraph 4 of Article 30 of the Family Code of the Russian Federation for a bona fide spouse when the marriage is declared invalid. It is necessary to take into account the specifics of family relations, as deeply personal, and the fact that Article 8 of the Family Code of the Russian Federation does not limit the protection of family rights in the ways specified in the norms of the Family Code, allowing the use of other methods. Expands the possibilities of using this method of protection Resolution of the Plenum of the Supreme Court of the Russian Federation No. 33 “On the practice of application by courts of norms on compensation for moral damage” dated 15.11.2022, according to which moral damage caused by violation of personal and family secrets must be compensated. Purpose. The purpose of the study is to identify the features of the legal regime of family secrecy and its possible content. Methodology. In the course of the research, methods of generalization, description, analysis, synthesis, formal legal method were used. Results. encroachment on absolute rights and causing harm by these illegal actions are grounds for the occurrence of tort obligations, it is advisable to apply to these relations the provisions of the Civil Code of the Russian Federation on the conditions of non-contractual liability, including the conditions of guilt. It is necessary to take into account the actions of the victim himself regarding information about his private and family life, including the disclosure of this information in available sources. Considering that the secret of adoption protects not only the adoptive parent, but also, above all, is established in the interests of the adopted person, it is necessary to take into account his attitude to the disclosure of information about adoption.

Liability for harm caused by minors: A comparative legal study

The article examines the tort obligations arising in the case of harm to minors under the age of 14. The experience of countries whose legislation does not provide for a general rule on the indelicitability of a minor is studied; it is concluded that in these countries, judicial practice also takes into account the ability or inability of a minor to understand the illegality of his actions or the likelihood of harm. When determining the persons responsible for the harm caused to minors, it was suggested that persons exercising supervision on the basis of a contract should not be understood as relatives or family friends looking after a child as a gratuitous service. On the contrary, commercial organizations that equip a place for children to play automatically become obliged to exercise supervision; as well as persons who, on the basis of a paid contract, provide educational, entertainment, medical, and other similar services to a child. By contracts, by virtue of which a person is obliged to exercise supervision, it is proposed to understand either paid contracts or gratuitous contracts accompanying the process of concluding a paid contract with a consumer (children’s rooms in department stores, restaurants, and so on). The necessity of bringing to responsibility for the harm caused to minors, not only parents, but also persons actually engaged in education (which include, for example, the stepfather or stepmother of the child) is discussed.

GROUNDS AND CONDITIONS OF LIABILITY FOR DAMAGE CAUSED BY THE WORK OF ARTIFICIAL INTELLIGENCE

Introduction. The increase in the number of public relations involving artificial intelligence, the intensive development of artificial intelligence systems, the autonomy of these technologies and the impossibility of recognizing artificial intelligence as a subject of legal relations in order to bring it to responsibility for the damage caused raise the question of the need to determine the subjects liable for the damage caused by artificial intelligence.The purpose of the study is to study the basic conditions and grounds for liability for damage caused by artificial intelligence. Materials and methods. The implementation of research tasks was achieved on the basis of studying theoretical and practical experience in the development and application of artificial intelligence technologies, as well as studying foreign experience in the field of tort obligations in relations involving artificial intelligence. The methodological basis of the study consisted of methods: generalization, analysis, synthesis, induction, deduction, comparative legal analysis. The results of the study. The authors have made an attempt to analyze such grounds of liability as intentional damage, negligence and the doctrine of strict liability. Discussion and conclusion. The proposals on the legal regulation of artificial intelligence in the context of tort obligations are outlined, in particular, the introduction of specialized OKVED for the development and application of artificial intelligence technologies, the creation of a specialized insurance fund, the state registration of artificial intelligence systems.

“AMBER ISSUE” IN UKRAINE: PREVENTION AND CONSEQUENCES

The study analyses the current process of amber mining and assesses the legal consequences of illegal activities in the amber mining industry. The relevance of the study is due to the deterioration of the socio-economic aspect of the life of Ukrainian citizens due to the unauthorised extraction of raw materials. The existing fact determines the purpose of the study, namely: the analysis of legal preventive measures and the system of liability norms, in particular, for non-state mining of fossilised resin. The research uses the following methods of searching, processing and presentation of Information: general scientific (formal-logical, analysis and synthesis, concretisation and abstraction, and induction and deduction methods) and special-legal methods (formal-legal, comparative-legal, and method of interpretation of legal provisions). The paper highlights the main gaps in the regulations for amber mining and tort obligations. Based on the results, the main area for changes was established: strengthening responsibility for illegal amber mining, in particular, introducing a state monopoly on its extraction, stopping non-state extraction of valuable resin. The conclusions of the study emphasise that the issue under study also requires the examination of natural aspects of geology, geomorphology, palaeogeography, biology, and the ecology of amber mining sites in general, so only a comprehensive solution to the issues of legalising amber mining at the state level will allow bringing the industry to international standards for mining. The results of the study can be useful for researchers in the field of law, geology, ecology, and biology. Ultimately, the necessary changes in the process of legalising amber mining relate not only to legal aspects. For example, one of the measures aimed at a positive result is the implementation of reclamation processes in the amber mining areas.

Force-Major Status in Tort Liabilities

Any force majeure situation is manifested as a separate event or incident with its own characteristics, signs, and affects different legal relations to varying degrees. The essence of this effect is that a force majeure situation leads to a breach of obligations because of unforeseen and unpredictable, urgent and sudden, unforeseen external circumstances that do not depend on the will of the parties to the legal relationship and innocent damage to the debtor. This article analyzes the civil-legal features of the force majeure situation in tort obligations. The role of force majeure as a basis for excluding tort liability has been studied and a scientific conclusion drawn.

A comparative legal analysis of the institutions of non-contractual liability in the two Koreas

The article provides a comparative legal analysis of the tort law of the Republic of Korea and the Democratic People’s Republic of Korea. The existing difference between the legal institutions of the two Koreas is considered, taking into account the influence of foreign legislation, among which special attention is given to the norms of the Russian Soviet Federative Socialist Republic (RSFSR). The author of the article shows that the historical roots of legal norms and the specifics of the political and economic system played a decisive role in the formation and development of the diametrically opposite institutions of tort law in the two Koreas. For example, the Civil Code of the Democratic People’s Republic of Korea, in contrast to the Civil Code of the Republic of Korea, establishes the principle of presumption of fault, which is a consequence of the direct and inevitable impact of Soviet law on North Korean legislation. Considering that, in contrast to bourgeois pre-revolutionary Russia, where, as in most Western countries and the Republic of Korea, the principle of the presumption of innocence in tort obligations was recognized, a change in the approach to fault took place in Soviet Russia due to socialist ideological factors. It was these ideological principles that formed the basis of the legislation of the Democratic People’s Republic of Korea. Meanwhile the Civil Code of the Republic of Korea from the very beginning was based on completely different principles, as was the case in most Western countries. In addition to general tort, this article studies the norms of special torts, among which the emphasis is on the norms on liability for harm caused by minors and for harm caused by activities that create increased danger to others. It is these norms that best reveal the differences in the legal policy pursued by the legislators in South and North Korea. As is the case with general tort, different ideological principles that form the basis of legislation in the two Koreas led to a difference in the law of special torts. Although at present, the gap between South and North Korean tort institutions is not critical, it will become a serious problem in the medium to long term, as it will negatively affect the potential for unification of the two Koreas.

УСЛОВИЯ ВОЗНИКНОВЕНИЯ ОБЯЗАТЕЛЬСТВ ПО ВОЗМЕЩЕНИЮ ВРЕДА, ПРИЧИНЕННОГО ПРАВОМЕРНЫМИ ДЕЙСТВИЯМИ ГОСУДАРСТВЕННЫХ ОРГАНОВ, А ТАКЖЕ ИХ ДОЛЖНОСТНЫХ ЛИЦ

Сhanges in civil legislation have created a separate type of tort obligations, in which the state compensates for damage caused to the person or property of a citizen or the property of a legal entity by lawful actions of public authorities. Along with the tort obligations that are well covered in the scientific literature, these issues concerning the lawful actions of the State that cause harm to citizens or legal entities are ignored. In the article, the author conducts a comparative legal analysis of the conditions for the emergence of obligations to compensate for damage caused by lawful actions of the state. The research is based on general scientific methods of cognition, as well as special legal ones (comparative legal, technical legal, formal legal). On the basis of the conducted research, the author draws conclusions about the legal nature of the obligations under study, and also makes an attempt to identify the existing problems of the emergence of obligations to compensate for damage caused by lawful actions of state bodies. The main problem of the study of obligations to compensate for harm is to determine the conditions of their occurrence, the characteristics of lawful harm caused by state bodies, leading to the emergence of obligations to compensate for harm. Obligations to compensate for rightfully caused harm are conditioned by the protection of subjective rights. These obligations exist for the purpose of compensation for the restoration of the right violated by the lawful actions of State bodies in the event that public interests prevail over personal ones. Examining tort obligations, as the most widely covered in the scientific literature, it was concluded that they are very similar to obligations for compensation for rightfully caused harm, and pursue the same goal: restoring the position of the injured person.

The Security Deposit in Obligations under a Construction Contract: Theoretical and Practical Aspects

The paper, on the basis of theoretical constructions, normative acts, materials of law enforcement practice, examines the peculiarities of legal regulation of relations arising during the use of security payment to enforce the obligation. Emphasis is placed on theoretical and practical aspects of the application of security payment in contractual obligations. The author justifies her viewpoint concerning the prospects of using a security payment to ensure the performance of tort obligations. It is concluded that the scope of application of a security payment in tort obligations is rather limited. On the example of securing the performance of tort obligations arising during the performance of work under the contract, the author argues that the security payment is mainly applicable to secure the fulfillment of the tort obligations arising between persons in contractual relations, in a situation where the counterparties face a threat of harm in execution of a civil obligation. The author emphasizes that the security payment agreement is a consensual transaction.

Эволюция коллизионного регулирования деликтных обязательств в международном частном праве Израиля

Эволюция коллизионного регулирования деликтных обязательств в международном частном праве Израиля

ОСОБЛИВОСТІ ЦИВІЛЬНО-ПРАВОВОЇ ВІДПОВІДАЛЬНОСТІ ОСОБИ ЗА ШКОДУ, ЗАВДАНУ У РАЗІ ЗДІЙСНЕННЯ НЕЮ ПРАВА НА САМОЗАХИСТ АБО У СТАНІ КРАЙНЬОЇ НЕОБХІДНОСТІ

ОСОБЛИВОСТІ ЦИВІЛЬНО-ПРАВОВОЇ ВІДПОВІДАЛЬНОСТІ ОСОБИ ЗА ШКОДУ, ЗАВДАНУ У РАЗІ ЗДІЙСНЕННЯ НЕЮ ПРАВА НА САМОЗАХИСТ АБО У СТАНІ КРАЙНЬОЇ НЕОБХІДНОСТІ

Virtual Reality Attraction as a Source of Harm in Tort Obligations

The article focuses on virtual reality attractions as a source of harming. Taking into consideration the rapid development of scientific and technological progress in the field of entertainment, virtual reality attractions are becoming increasingly popular. Along with exciting stories and fun special effects, virtual reality carries a lot of risks. Compensation for such damage is not regulated by the legislation of Ukraine. The author researched the historical background of entertainment in the field of virtual reality. It has been established that virtual reality dates back to the invention of the first stereoscopes in the 1830s. The second impetus in the development of virtual reality was received in the 1920s, during the invention of the first flight simulators. And in 1982, the world’s first laboratory was created to research and develop virtual reality devices. At the same time, the very term ‘virtual reality’ appeared. The features of the virtual attraction, which are inherent in it as entertainment, are highlighted. Using domestic and foreign dictionaries, the author analyzed etymological meaning by ‘virtual reality’ and ‘virtual reality attractions.’ The features of a virtual attraction, inherent in it as entertainment in the field of virtual reality, have been identified. The author examined how the virtual reality attractions affect the visitor’s mind. The article indicates the ventral and dorsal flows as systems of the brain that encode perceived visual information. The interaction of virtual reality with the human body is connected through these flows. The author identified vulnerable areas of the human body that may get harmed first by the virtual reality attraction. The article considers diseases of the central nervous system that can be provoked by virtual reality attractions that affect the visitor’s mind. The author identifies the injuries that can provoke functional diseases of the nervous system, namely neuroses, and injuries to the autonomic nervous system, such as migraine, Raynaud’s disease, Meniere’s disease.It is established that the virtual reality attractions is a source of harming. The author identified the characteristics of virtual reality attractions as a source of harming. It has been offered the definition of virtual reality attraction as sources of damage. The author summarises and highlights the most popular types of modern virtual reality attractions. The subject of liability for damage caused by the activities of the virtual attractions has been identified.

ON THE POSSIBILITY OF RECOGNIZING ARTIFICIAL INTELLIGENCE BY A SUBJECT OF TORT OBLIGATIONS

The present article investigates the problem of the possibility of recognizing artificial intelligence as a subject of tort obligations. The object of the research is the regulated social relations arising as a result of the harm caused by artificial intelligence to the life, health or property of other persons. The subject of the research is the norms of civil legislation governing relations arising from harm. The purpose of the article is to analyze the possibility of recognizing artificial intelligence as a subject of tort obligations. The methodological basis of the study consists of general (method of analysis and synthesis, induction and deduction, etc.) and special methods of scientific knowledge (historical, legal, comparative-legal, formal-legal, systemic). The scientific and theoretical basis of the study conducted in the article was the work of scientists both in the field of legal regulation of artificial intelligence and in the field of tort law (for example, the scientific works of M.A. Melnichuk and D.V. Chentsova , E. Yu. Tsukanova and O.R. Skopenko, M.G. Sherbakov and other authors). The normative base of the study was the national legislation of the Republic of Belarus, Ukraine and rules of EU law. The relevance and novelty of the article lies in the fact that the problem of recognizing artificial intelligence as a subject of tort obligations today does not have an unambiguous solution. The article illustrates that the use of the doctrine of «AI – legal person» or «AI – quasilegal person» in the legislation is not possible, as it can lead to the violation of the rights and interests of the victim in tort obligations. The subject of liability for damage caused by the actions of the AI is the person using the AI and receiving the benefit thereof. This is in line with current trends in tort liability.

International Legal Regulation of Non-Contractual Obligations: Problems and Prospects for Development

The article identifies the features of international legal regulation of non-contractual obligations in private international law. The author considers the international legal consolidation of non-contractual obligations gradually and focuses special attention on the differentiation of conflict of laws and substantive regulation of these relations. The features of the legal regulation of non-contractual obligations in the post-Soviet space are revealed. Analysis of international agreements of a regional nature allows us to conclude that it is necessary to review and amend individual articles containing the legal regulation of non-contractual obligations. It is emphasized that at the international level tort obligations is mainly subject to legal regulation,

Distribution of Risk of Harm in Delictual Responsibility From the Standpoint of Economic Analysis of Law

Damage to property and (or) non-property rights of persons occurs quite often. The right to compensation for such damage is indisputable. However, civil doctrine ambiguously addresses the issue of risk sharing in tort obligations. Therefore, the purpose of this paper is to discuss approaches to the distribution of risk of harm in delictual responsibility and to determine their effectiveness from an economic and legal standpoint. The paper, based on economic and systematic analysis using dialectical, comparative, logical-dogmatic and other methods, including economics, describes the approaches to determining the purpose of tort law and its ability to ensure effective distribution of risk of harm. It has been proven that tort law can have direct regulatory consequences by restraining behaviour and sharing risks. It is concluded that the task of tort law is the optimal distribution of risk of harm between the perpetrator and the victim and to ensure the implementation of risky activities only if its social value justifies the risk. Based on the economic analysis of tort law, it has been substantiated that the distribution of the risk of damage in tort liability is carried out through the institutions of insurance and liability. Insurance is cost-effective when it comes to compensation for damage. However, only liability, in addition to the function of compensation, can also perform the function of preliminary prevention of harm. Therefore, the risk of causing harm in tort liability is mainly borne by the person who caused the damage. In obligations to compensate for damage caused by a source of increased danger, a person who on the appropriate legal basis (property rights, other property rights, contracts, leases, etc.) owns a vehicle, mechanism, other object, the use, storage or maintenance of which creates an increased danger, bears such risk even in the absence of guilt in causing harm. The grounds for imposing such risk on the victim are his intention or force majeure. It is this approach to the distribution of harm risk in tort liability that is fair and cost-effective and contributes to public well-being

Наследственные отношения в международном частном праве

The article discusses the legal problems of inheritance relations in the Russian Federation and foreign countries. The relevance of the topic under study is due to the need to form a legal environment emerging in the process of inheritance of tort obligations and the form of the will in Russian and foreign laws. A legal analysis of Russian legislation and international treaties, foreign legislation and judicial practice in the field of inheritance regulation in the Russian Federation and foreign countries is carried out. Particular attention is paid to the unification of international norms in the field of testament form. The author concludes that international law on inheritance has its drawbacks and requires further adjustments.