Article title Conditions of Civil Responsibility for Violation of Liabilities in the Sphere of an Entrepreneurial Activity during Anti-Terrorist Operation in Ukraine
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 7/2016
Сторінки [162-170]
Annotation

The article is concerned with the research of the civil liability terms for breach of monetary obligations in the business area during the antiterrorist operation in Ukraine in the context of the enforcement of the debtor’s interests. The defining characteristic of such researches, theirs main idea is to ensure civil rights and legal interests of the creditor in the monetary obligation. At the same time, in our opinion in each case the principle of participants’ equality in the relations shall be taken into account, which corresponds to the principle of good conscience of their action within civil obligations that provides a presumption of good conscience of the other party for performance of the actions arising from the content of the obligation or usual and customary business practices before the performance of which the debtor was not able to fulfill his duty. The aforementioned leads to the conclusion that the approach to the civil liability of the debtor under the item 1 of Article 625 of the Civil Code of Ukraine can not be absolute in the modern conditions of development of the civil society. The principle of individualization of the civil liability provides a synthetic combination of conditions of responsibility not only in the context of active or passive behavior of the debtor in monetary obligation that led to its breach, but in the balance of the possible behavior of the creditor in the obligation which can be legal but at the same time unconscientious in relation to the debtor on the basis of the legal content of the relations they are participants to.

Keywords the fulfillment of obligation, creditor's delay, civil liability, force majeure circumstances, liability for the breach of monetary obligation.
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