Science and Education in Karakalpakstan. 2023 №2/1 ISSN 2181-9203
352
OBLIGATIONS ARISING FROM DAMAGE AND THEIR LEGAL NATURE
Jumambetov R.J., Adilbaev B.A.
Karakalpak state university named after Berdakh
Summary:
In this article, the origin, legal nature and legal aspects of the obligations
arising from damages are thoroughly researched. The article also analyzes in detail the norms of
civil law regulating this type of obligations.
Key words:
obligation, non-contractual obligation, damage, delict, damage, liability.
The concept of liability arising from damage is not defined in civil law. However, this
concept is directly expressed in Article 985 of the FC, which states that damage caused to the
person or property of a citizen due to an illegal act (inaction), as well as damage caused to a legal
entity, including lost profit, must be compensated in full by the person who caused the damage.
From this norm, it can be understood that the person who
caused the damage has the
obligation to fully compensate for the damage caused, and the victim has the right to demand
compensation for the damage caused. This, in turn, means that there is a traditional structure
(construction) of the obligation - creditor and debtor relations. In this case,
the person causing
damage is considered a debtor, while the victim (a person whose property, life or health was
damaged) is considered a creditor.
At the same time, the right of the
victim to claim when the
damage is caused is manifested as an obligation for the damager.
In accordance with the obligations arising from damage, the person who caused damage to
the life and health or property of a person (natural or legal entity) is obliged to fully compensate for
the damage caused, and the victim has the right to demand compensation for the damage caused to
him.
It should be noted that the consequences of harming their material or immaterial interests
sometimes arise in the constant interaction of people with each other. These damages occur as a
result of various accidents, carelessness, intentionality, and natural disasters [1. 694].
In such a case, the question arises as to who will pay for the damage caused (the person who
caused the damage or the injured person or third parties).
Currently, legal entities and individuals are trying to use insurance
services in order to
protect themselves from unexpected losses. But it is not always possible to use the insurance service
on time. The result is unexpected damage.
It should be noted that the insurance compensation cannot always fully cover the damage
caused. Therefore, it is impossible to regulate the damage caused by a single legal institution [2.
335]. In the regulation of these relations, the institution of liability arising from damage will have
the main place. In civil law, this type of obligations is also called delict obligations.
In determining the legal nature of the obligations of the dilect, it is of particular importance
to determine the relationship between this type of obligation and the concept of civil-legal liability.
In the legal literature, the concepts of "obligation arising from damage" and "responsibility
for damage" are used as identical concepts, and the concept of "responsibility" occupies the main
place in this case. [3. 339]
This situation is reflected in Chapter 57
of the Criminal Code, and this chapter is called
"obligations arising from damage", the first article of the chapter (Article 985 of the Criminal Code)
is devoted to the general principles of liability for damage. At the same time, in the following
articles, the concept of "responsibility" is used, not the concept of "obligation". This means that
there is no contradiction
between these concepts, they are inextricably linked [4. 363].