General Conditions of Contractual Liability

The work is devoted to the analysis of general conditions of civil liability for breaching the contract. In connection with the reform of the general part of the obligation law, especially relevant are the rules of application of subjective conditions of civil responsibility, on which research the main attention was focused. In order o draw conclusions about the place of guilt and its individual forms in the application of measures of civil liability, as well as on possible ways of further development of this institute comparative fault analysis identified the major doctrinal concept of approaches to determining fault, studied the form of fault, and the practice of their identification, held in relation to the other conditions of civil liability. The study of the institution of fault also create a possibility to propose an approach to the method of calculating losses in the presence of the creditor's fault for those obligations in which conditions allow the commission of a replacement transaction. Based on the research, were drawn conclusions about the relevant definition of "fault" in civil law, the problems of differentiation of intent and negligence (both in the form of gross and in the form of ordinary negligence), as well as a conclusion on the influence of the form of fault on the possibility of applying civil liability measures, taking into account judicial practice on this issue, and conclusions on the influence of guilt in case of using the institutions of "fault of the creditor" and "delay of the creditor". Summing up, the research reflects the modern importance of the institution of fault for the purpose of bringing a person to civil liability.