Karnaukh B. Fault As a Precondition of Civil Liability.

The dissertation is devoted to the comprehensive research of the problem of fault as a precondition of civil liability. The relation between the idea of fault and the substance of civil liability is revealed. The statements of scientific doctrine concerning the set of elements of civil offence are formalized by using logical symbols; the proper place of fault amongst other elements of civil offence is estimated. The new theory of fault - the theory of free choice - is stated. Fault is defined as juridical concept, the content of which consists in stating that the wrongful act was committed in situation of free choice, wherein the rightful variant of behavior was available and reasonably expected. The difference between reasonable expectations in tort and contract law is specified. The essence of willfulness, gross negligence and petty negligence is explored. Practical recommendations regarding the problem of how to estimate the degree of fault in civil and commercial cases are proposed by reference to the law and economics theory. The economic rational of strict tort liability is clarified.