Halkevych S. Principles of justice, conscientiousness, reasonableness of tort liability in civil law

The dissertation analyzes the scientific and theoretical conceptual approaches to the normative consolidation and practical application of the principles of justice, conscientiousness, reasonableness of tort liability in civil law, which was reflected in the justification of proposals and recommendations aimed at improving civil law regulation in this area. The principle of fairness of tort liability in civil law in the compensatory-restorative substantive direction is characterized as the restoration of the balance of interests of the injured party, compensation to her from the standpoint of arithmetic equality of equivalent economic losses and damage; in the distributive-proportional content direction is characterized as providing additional (increased) guarantees for the protection of subjective rights to one participant in civil law relations and the application for the same type of offenses differentiated by the amount of liability to other participants in civil law relations; in the preventive and educational content is characterized as a reflection of the negative assessment and reaction of the state and society to the processes associated with the violation of the civil law system of social balance and stability.