Modern civil law
Bibliographic description:
SOLIDARY LIABILITY IN CIVIL LAW // Modern civil law. - 2022. №1. . - С. 10-15.
Title:
SOLIDARY LIABILITY IN CIVIL LAW
Financing:
Codes:
UDK: 343.222
Annotation:
Joint and several liability, also known as “proportional liability”, refers to the concept that the parties are only liable for their part of the obligation. If one or more parties fail to fulfill their obligations, the responsibility for this part does not fall on the other parties. In this study, the author examines the legal aspects of joint liability in Russian civil law.
The positions of various authors regarding the concept and meaning of joint liability in civil law are analyzed, the reasons for the introduction of joint liability in the civil law of Russia are also presented, among other things, an analysis of the current civil law norms regulating joint liability is presented, solutions are proposed for identified legal gaps in Russian legislation.For the first time in the history of civil law, at the end of the 20th century, an attempt was made to identify cases of legal solidarity in the current Russian civil law and, in addition, classify them, highlighting nine types of legal solidarity of debt universal successors for the debts of the predecessors, participants of commercial organizations, signatories of order securities for obligations certified by these securities, persons cohabiting in a particular residential area under obligations arising from the use of this facility, the guarantor and the debtor, as well as persons who jointly gave a guarantee or an insurance obligation, for an obligation secured by a guarantee, or an obligation for an insurance payment, lessor and seller of leased property, contractor in case of indivisibility of the subject of obligation, the user (licensee) and the right holder (licensor) under agreements related to the issuance of a license for the right to use a trademark, according to the requirements for the user as a manufacturer of goods, persons who jointly caused harm. The features of joint liability for joint infliction of harm are considered, regional judicial practice is presented.
The positions of various authors regarding the concept and meaning of joint liability in civil law are analyzed, the reasons for the introduction of joint liability in the civil law of Russia are also presented, among other things, an analysis of the current civil law norms regulating joint liability is presented, solutions are proposed for identified legal gaps in Russian legislation.For the first time in the history of civil law, at the end of the 20th century, an attempt was made to identify cases of legal solidarity in the current Russian civil law and, in addition, classify them, highlighting nine types of legal solidarity of debt universal successors for the debts of the predecessors, participants of commercial organizations, signatories of order securities for obligations certified by these securities, persons cohabiting in a particular residential area under obligations arising from the use of this facility, the guarantor and the debtor, as well as persons who jointly gave a guarantee or an insurance obligation, for an obligation secured by a guarantee, or an obligation for an insurance payment, lessor and seller of leased property, contractor in case of indivisibility of the subject of obligation, the user (licensee) and the right holder (licensor) under agreements related to the issuance of a license for the right to use a trademark, according to the requirements for the user as a manufacturer of goods, persons who jointly caused harm. The features of joint liability for joint infliction of harm are considered, regional judicial practice is presented.
Keywords:
civil law, joint liability, legal problems, civil liability, jointly caused harm.
List of references:
Article.pdf