Responsibility for harm caused by minors and incompetent...

Liability for harm caused by minors and incompetent citizens

Juveniles under the age of 14 are not liable for the harm they caused, i.e. are completely non-dispositive. According to Clause 1, Art. 1073 CC is responsible for the harm caused to a minor by his parents (adoptive parents) or trustees. These persons are responsible for harm in the presence of common grounds of tort liability. The wrongfulness of their behavior consists in the poor upbringing of the child, in the failure to exercise proper supervision, in improper performance of the duties assigned to them by law (Article 63 of the Family Code of the United States, Article 15 of Federal Law No. 48-FZ of April 24, 2008 on Guardianship and Trusteeship). At the same time, responsibility for harm is placed on both parents, because they are equally obliged to raise children regardless of whether they live with them or separately.

In order to impose responsibility on the parents (adoptive parents) or the guardian of responsibility, it is necessary to establish the existence of causality between their wrongful conduct and harm, i.e. determine that it was due to poor education, failure to carry out supervision, the child committed an action that caused the occurrence of harm. The law establishes the presumption of the parents' guilt (adoptive parents) or guardian for causing harm to a child under the age of 14: these persons are exempted from liability if they prove that the harm was not due to their fault (item I of item 1073 GK). Under the current law, parents who are deprived of parental rights are not absolved entirely of responsibility for harm caused by minors. Such responsibility they bear during three years after deprivation of their parental rights (Article 1075 GK).

If a young citizen who has been left without parental care was placed under supervision in an organization for orphans and children left without parental care (Article 155.1 of the Family Code of the RF), this organization is obliged to compensate for the harm caused by a minor citizen, if not will prove that the harm was not due to her fault (paragraph 2 of Article 1073 of the Civil Code).

If a young citizen has caused harm during the time when he was temporarily under the supervision of an educational organization, medical organization or other organization that is obliged to supervise him, or a person who supervised it on the basis of an agreement, this organization or this person is responsible for the harm done, if it does not prove that the harm was not due to their fault when exercising supervision (clause 3 of Article 1073 of the Civil Code).

Minors under the age of 14 years are solely responsible for the harm caused on general grounds (clause 1, Article 1074 of the Civil Code). In this regard, the claim of the victim for compensation for harm must be brought to the very minor, which must be the respondent for such a claim in court. However, the law takes into account that a minor at a specified age does not always have earnings, income, property sufficient to compensate for the harm caused. Accordingly, in order to ensure the restoration of the violated interests of the victim in such cases, it is provided that the harm must be compensated in full or in the missing part by his parents (adoptive parents) or the trustee, unless they prove that the damage arose not through their fault , i.e. that they carried out their parental duties in an appropriate manner (Paragraph 1, Clause 2, Article 1074 of the Civil Code). Thus, the responsibility of these individuals is additional (subsidiarity) nature.

If an under aged citizen aged 14 to 18 years who has been left without parental care was placed under supervision in the organization for orphans and children left without parental care (Article 155.1 of the Family Code of the United States), this organization is obliged to compensate for harm completely or in the missing part, if it does not prove that the harm was not due to her fault (paragraph 2 of item 2 of Article 1074 of the Civil Code).

In accordance with paragraph 3 of Art. 1074 Civil Code, the obligation of parents (adoptive parents), a trustee and the relevant organization to compensate for harm caused to a minor between the ages of 14 and 18, is terminated if the following circumstances exist:

• the attainment of harm to adulthood;

• appearance of this person before reaching the age of majority of income or property sufficient to compensate for harm;

• Acquisition of full legal capacity for minors (in connection with marriage or emancipation).

A citizen, recognized by a court incompetent on the grounds provided for by Art. 29, is completely non-dispositive. The damage caused by such a citizen is compensated by his guardian or organization supervision. These entities are exempted from liability if they prove that the damage occurred not through their fault , i.e. that they supervised the recognized incompetent person suffering from a mental disorder in an appropriate manner (Clause 1, Article 1076 of the Civil Code). If the guardian has died or does not have sufficient funds to compensate for the damage caused to the victim's life or health, and the harm-maker himself has such means, soup. taking into account the property situation of the victim and the harm-bearer, and other circumstances, has the right to make a decision to compensate for the damage in full or in part at the expense of the harm's most inflictor (clause 3 of Article 1076 of the Civil Code).

It should be noted that a citizen who is limited in capacity due to abuse of alcoholic beverages or narcotic drugs preserves the delictual capacity in full and therefore must himself reimburse the harm caused to them (Art. 1077 GK).

A capable citizen or minor aged between 14 and 18 who caused harm in this condition, when he could not understand the values ​​of his actions or manage them, is not responsible for harm caused to them (para 1, item 1, Article 1078 of the Civil Code). In this case, we mean such cases when a person has a temporary inability to realize his actions or to manage them, caused by some unexpected factors (strong emotional excitement, short-term exacerbation of the disease, etc.). If the harm is caused by a person who could not understand the meaning of his actions or manage them due to a persistent mental disorder, the responsibility for his recovery can be imposed by the court on his able-bodied spouse, parents, adult children who knew about such a mental disorder living together with this person causing the damage, but did not raise the issue of recognizing him incompetent (clause 3 of Article 1078 GK).

Of great importance is the norm of paragraph 2 of Art. 1078 Civil Code, according to which the rule on exemption from liability for causing harm is not applied in cases where the damage causer himself brought himself into a state in which he could not understand the values ​​of his actions or guide them, the use of alcoholic beverages, narcotic drugs or otherwise .

The obligation to compensate for harm (in whole or in part) can be imposed on the person who caused harm in this state, if the harm is caused to the life or health of the victim. At the same time, the court takes into account the property situation of the victim and the damage inflictor, as well as other circumstances (para 2 of clause 1 of Article 1078 of the Civil Code).

Also We Can Offer!

Other services that we offer

If you don’t see the necessary subject, paper type, or topic in our list of available services and examples, don’t worry! We have a number of other academic disciplines to suit the needs of anyone who visits this website looking for help.

How to ...

We made your life easier with putting together a big number of articles and guidelines on how to plan and write different types of assignments (Essay, Research Paper, Dissertation etc)