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 a kind of generalizing 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.

The contractual agreement occurs if one of the parties violates 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 liability can be joint, 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 an agreement or by 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. Lack of receipt from one defendant, he can claim 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 something extra in relation 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 it falls on people not involved in the offense. Subsidiary responsibility is what shows the compensatory direction of all civil liability.

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

Subsidiary responsibility can be based on contractual relations between 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 starts from non-contractual relations in cases when it is a question of bankruptcy of legal entities or about 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 inflicted on third persons, even if they absolutely disagree with this.

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.