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THE ISSUE OF RELATIONSHIP BETWEEN THE CONCEPTS OF CIVIL LIABILITY AND PUNISHMENT

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PDF: Author(s): Tsvetkov S. B.,
Number of journal: 2(43) Date: May 2018
Annotation:

The article presents the author’s approach to the attempts to characterize the legal nature of liability for breach of obligations by belittling its regenerative functions and statement of the punitive function. The following conclusions have been drawn: the main function of the named type of legal responsibility is restorative; the categories of «liability for breach of obligations» and «punishment» in the civil law aspect, as a rule, are not identical; civil liability can be regarded as a punishment only when the negative consequences for the debtor exceed the benefits that he received as a result of the breach; punitive function more accurately defined as a warning-penalty.

Keywords:

civil liability, liability for breach of obligations, legal nature of responsibility, penalty (punishment), restorative function, punitive function, restore the original position, property recovery, sanction, condemnation (censure).

For citation:

Tsvetkov S. B. The issue of relationship between the concepts of civil liability and punishment // Business. Education. Law. 2018. No. 2 (43). P. 312–315. DOI: 10.25683/VOLBI.2018.43.225.