Guilt as Condition of Civil Legal Responsibility

Abstract

This article discusses some questions of guilt as condition of civil legal responsibility. Category of guilt in obedience to the theory of right, provides its inclusion in the category of offenses. Offense is expressed in certain actions (inaction), with specific external signs that show the connection between the offender and the community, causes negative effects of crime and public danger. Guilt is a condition civil responsibility for breach of obligations, and the base is the responsibility of nonperformance or improper performance of obligations, in other words, a civil offense. A legislator specifies the forms of guilt in the civil code, but by general rule they do not have influence on property responsibility of debtor. If a criminal law straight takes into account the forms of guilt and weight (degree) of guilt at punishment, then in a civil law this rule does not carry general character, and is only used in the special norms. Thus authors come to a conclusion that finding solutions to theoretical questions of guilt in civil law has direct impact on finding solutions to practical problems of law enforcement.

DOI: 10.5901/mjss.2015.v6n6s1p487