Russian Journal of Economics and Law (Jun 2014)
ON THE ISSUE OF GUILT OF THE VICTIM IN LIABILITIES FOR DOING HARM BY A MOTOR VEHICLE
Abstract
Objective: to study of the concept of "guilt of the victim" in non-contractual obligations. Methods: a methodological basis of the research was interdisciplinary and private scientific methods of cognition: analysis, synthesis, comparative legal, formal legal methods. Results: basing on the analysis of pre-revolutionary, Soviet legal heritage and current legislation, the concept of "guilt" in the civil law is studied, primarily the guilt of the victim in the obligations of injury by a motor vehicle; the dynamics of views on the concept of "guilt" in the civil law doctrine is shown, as well as in the legislation of different historical periods. Scientific novelty: the issue of the concept and value of fault of the victim in the obligations of injury done by a motor vehicle is comprehensively investigated. Subject to the provisions of the pre-revolutionary, Soviet and current legislation, and viewpoints expressed in the Russian legal science, the concept of “guilt of the victim" is explored, as well as its form, the conclusion is made about the necessity of establishing the clearly defined concepts of guilt and its forms in civil legislation. Practical value: the theoretical provisions formulated in the study are relevant for the development of the doctrine of the guilt of the victim in tort obligations and may be used in further studies, as well as for the improvement of legislation in this sphere.
