Fractional, joint and several liability

Responsibility is one of the main legal categories. It is widely used in law enforcement. Distinguish between legal, moral, criminal, and joint.

Social responsibility is a kind of generalizing concept. This concept includes all types that may arise among its members in relation to each other. Some types of liability are extremely specific (for example, moral responsibility).

There are special types of liability that are associated with property. This is a shared, joint and several liability.

In civil law, liability for violation of property relations is divided into non-contractual and contractual.

Negotiated occurs if either party violates the rules or requirements of the signed document. Non-contractual may arise for the reason that property or person was damaged in circumstances not related to the contractual. She is also often called tort.

Both contractual and non-contractual liability may be joint, several, contractual or subsidiary. Fractional primarily means that all defendants are liable only to the extent of their shares. The size of their shares is established by agreement or law.

Solidarity is much stricter than shared. In this case, we are talking about the fact that the injured plaintiff has every right to demand compensation for losses from all defendants in equal shares, or so that only one defendant will compensate all. Lost from one defendant, he can demand from another. The plaintiff in most cases himself points to those persons who should pay him. Sometimes the division of debt between the defendants occurs completely without his knowledge.

It is worth noting that joint responsibility makes the position of the victim very reliable and extremely beneficial. It applies only in cases that are prescribed in the law or in the contract.

Subsidiary liability is something additional in relation to the primary responsibility that the offender bears before the victim. This responsibility can be borne not only by the person who harmed someone - often it falls on people not involved in the offense. Subsidiary liability - this is what manifests itself in the compensatory orientation of all civil liability.

For any person, subsidiary liability will occur at the very moment when the defendant refuses to comply with the requirements on which the plaintiff insists. General rules do not establish the provision that the defendant is obliged to answer for debts with all his property.

Subsidiary liability may come from the contractual relationship of the parties. She basically comes then, the defendant categorically refuses to bear responsibility. It does not take into account what property he possesses. An example is the responsibility of guarantors.

Subsidiary liability proceeds from non-contractual relations in those cases when it comes to bankruptcy of legal entities or crimes committed by minors. Bankruptcy of firms leads to the fact that the founders begin to pay at the expense of their property. Parents are obliged to compensate for any damage caused to third parties by their minor child, even if they strongly disagree with this.

Owners of various institutions are also familiar with subsidiary liability. With a lack of funds, they are obliged to finance their legal entities at their own expense.

Source: https://habr.com/ru/post/E14741/


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