Author

Tischenko I.V., Menyaylo L.N., Maksimenko A.V.

Title of article

Grounds for exemption from civil liability when causing harm by vehicle as a source of increased danger

Section

Human rights protection

Issue, year

4 (34) 2015

Abstract

Grounds for exemption from civil liability when causing harm to life and health by vehicle as a source of increased danger are considered. They are as follows: irresistible force; victim’s intent aimed at causing harm; gross negligence of the victim; removal of the vehicle from the possession of its owner as a result of third parties’ illegal actions. It’s known that imposing such liability doesn’t depend on the culpability of the owner in causing harm. The ground for exemption of the owner of the source of increased danger from compensation for damage is irresistible force as the inability to prevent the circumstances by means that are at disposal of a particular person in specific conditions. Intent and gross negligence are considered as forms of victim’s guilt, that’s the reason for reducing the amount of compensation for damage. The authors argue the necessity of amending Article 1083 of the RF Civil Code containing the concepts of gross and simple negligence. The ground for exemption from liability, provided by part 2 of Article 1079 of the RF Civil Code, is analyzed: the owner of the source of increased danger is not responsible for damage caused by this source if he proves that the source was out of his possession as a result of other persons’ illegal actions. In this case, the guilt of the owner is taken into account (absence of guilt excludes liability). The judicial practice is that if the car is left locked and the car alarm is on, it can’t be considered negligence.

Keywords

grounds for exemption from civil liability, source of increased danger, vehicle, compensation for damage.

References

1. Litovko K.N. Uchet viny poterpevshego kak osnovanie osvobozhdeniya ot otvetstvennosti za vred, prichinennyy istochnikom povyshennoy opasnosti [The account of fault of the victim as grounds for exemption from liability for harm caused by a source of increased danger]. Vestnik Sankt-Peterburgskoy yuridicheskoy akademii – Herald of the St. Petersburg Academy of Law, 2013., no. 3 (20), pp. 50-52.

2. Yablokov T.M. Ponyatie nepreodolimoy sily v grazhdanskom prave [The Concept of force majeure in the civil law]. Yaroslavl, 1911.

3. Boush K.S. Pravovye aspekty sootnosheniya yuridicheskoy i grazhdansko-pravovoy otvetstvennosti [Legal aspects of the relationship between the legal and civil liability (materials of the International correspondence scientific-practical conference]. Sovremennye tendentsii v fundamental’nykh i prikladnykh issledovaniyakh [Modern trends in fundamental and applied research]. Ryazan, 2015.

4. Golovin N.M. Fenomen nepreodolimoy sily: tsivilisticheskoe issledovanie. Kand. Diss. [The phenomenon of force majeure: scientific research. Cand. Diss.]. Perm, 2013.

5. Kuznetsov A.V. Osnovaniya osvobozhdeniya vladel’tsa istochnika povyshennoy opasnosti ot obyazannosti vozmeshcheniya vreda [Bases of exemption of the owner of the source of increased danger from the obligation of reparation]. Akademicheskiy vestnik – The Academic Herald, 2012, no. 1 (19).

6. Parshenko V.N., Kholkina Yu.A. O nekotorykh voprosakh, svyazannykh s primeneniem otvetstvennosti k vladel’tsam istochnikov povyshennoy opasnosti [On some issues concerning the application of liability to the owners of high-risk sources]. Nauka i sovremennost’ – Science and modernity, 2014, no. 27.