Burlaka I. Obligations to indemnify damage inflicted in the absence of fault.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U006673

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

16-11-2015

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to the comprehensive research of obligations to indemnify damage inflicted in the absence of fault. The history of development of civil liability is divided into five periods from the standpoint of significance of personal fault for inflicting civil liability. The set of factors, that justify the existence of different obligations to indemnify damage inflicted in the absence of fault, is established. It is defined that obligations to indemnify damage inflicted in the absence of fault comprise two different types of obligations: the first type of obligations embodies heightened liability that could be exempted only by irresistible force; the second type of obligations embodies absolute liability that could not be exempted even by irresistible force. The essential features of irresistible force are revealed; irresistible force is distinguished from casus. The notion, the essence and the degrees of injured persons fault are defined.

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