Share, joint and subsidiary liability

Responsibility is one of the main legal categories. It is widely used in law enforcement. Distinguish legal, moral, criminal, solidarity.

Social responsibility is uniquegeneralizing concept. This concept includes all the kinds that its members can have with respect to each other. Some kinds of responsibility are extremely specific (for example, moral responsibility).

There are special types of liability that are associated with the property. This is a shared, joint and subsidiary responsibility.

In civil law, liability for violation of property relations is divided into non-contractual and contractual.

Contractual agreement occurs in the event that anyof the parties violate the rules or requirements of the signed document. An extra-contractual may arise because the property or person was harmed in circumstances not related to contractual ones. It is also often called tortious.

Both contractual and non-contractual liabilitymay be solidary, contractual or subsidiary. The equity one means, first of all, that all defendants are liable only within their own shares. The amount of their shares is determined by agreement or law.

Solidarnoj much more strictly share. In this case it is a question of that the injured plaintiff has the full right to demand compensation of losses from all respondents in equal shares or that only one respondent refunds everything. Lacked from one defendant, he can demand from another. The plaintiff himself in most cases himself points to those persons who must pay with him. Sometimes the division of the debt between the defendants occurs completely without his knowledge.

It is worth noting that joint and several liability makes the victim's situation very reliable and extremely profitable. It is used only in cases that are prescribed in the law or in the contract.

Subsidiary responsibility is somethingadditional to the basic responsibility that the offender has to the victim. This responsibility can be borne not only by a person who has harmed someone - often she lays down on people not involved in an offense. Subsidiary responsibility is what shows the compensatory direction of all civil liability.

For any person, subsidiary liabilitywill come at the very moment when the defendant refuses to comply with those demands that the plaintiff insists on fulfilling. The general rules do not establish the provision that the respondent is obliged to answer for debts with all his property.

Subsidiary liability can come fromcontractual relations of the parties. It basically comes then, the defendant categorically refuses to bear responsibility. The calculation does not take what kind of property he has. As an example, the responsibility of the guarantors can be called.

Subsidiary responsibility comes fromextra-contractual relations in cases when it is a question of bankruptcy of legal entities or of crimes committed by persons underage. The bankruptcy of firms leads to the fact that the founders begin to pay at the expense of their property. Parents are obliged to compensate for any damage that their minor child has inflicted on third persons, even if they categorically disagree.

Owners of various types of institutions are also familiar with subsidiary responsibility. With their shortage of funds, they are required to finance their own legal entities at their own expense.