Chernilevska O. Obligations to indemnify damage inflicted jointly by several persons.

The dissertation is devoted to the study of obligation to indemnify damage inflicted jointly by several persons. The elements of such obligation are analyzed, including the subjects, object and content of researched obligation. In the dissertation the author pays special attention to the object of this obligation which may be represented with the tangible and intangible items of value, including proprietary rights, proprietary rights of intellectual property, securities, information of commercial value and other items which can be transferred to victim with the purpose to indemnify inflicted damage. Also, the possibility of third person's participation in such an obligation is highlighted. The author concludes that no third person can participate in this obligation because a third person may have rights towards a debtor and/or a creditor only in cases specified in the contract, while the researched obligation occurs without any contract. Furthermore, the author analyzes the key qualities of the plurality of persons in this type of obligation and formulates the definition of such term. According to the offered definition, the plurality of persons in obligation to indemnify damage inflicted jointly by several persons can be interpreted as the quantitative characteristic of subjects in such obligation when one (guilty) or both parties of obligation can be represented by two or more persons; this results in applying the special procedure of the fulfillment of obligation. The author also pays attention to the conditions of the occurrence of this obligation and divides these conditions into two large groups: general (damage which was inflicted, a connection between guilty behavior and inflicted damage, the illegal behavior of guilty persons, their guilt) and special ones. The special conditions of the occurrence of obligation to indemnify damage inflicted jointly by several persons include following ones: 1) the damage should be inflicted at least by two persons; 2) persons' behavior should be interconnected, aggregated and result in the inseparable responsibility of all guilty persons (the damage should be inflicted jointly).