The Idea of Fault, Wrongfulness and Liability in Private Law

Abstract

The article contains analysis of several aspects of civil liability and the criteria of its application, by providing a point of view to such complicated concepts as defining fault and wrongful act and finding them in actions of persons. The article contains analysis and opinion about the meaning and the role of fault and its degree (negligence and intent) in the application of civil liability. Also, there is analysis about the doctrine of the foreseeability of infringement of rights, as well as a proposal to clarify the predominant approach in establishing civil liability in Latvia. The examined questions are analyzed from the standpoint of theoretical sciences, therefore allowing other legal scholars in Romano-Germanic states to use the conclusions given in the article in their scientific work as well.

Keywords

• fault
• culpability
• wrongfulness
• unlawfulness
• degrees of fault
• slight negligence