Participation of the Attorney in Civil Cases Regarding the Assignment of Responsibility in the Form of Losses

DOI

10.2991/assehr.k.200321.110How to use a DOI?

Keywords

recovery of losses, liability, civil law, advocate, status

Abstract

The concept of responsibility is a key concept in the civil law science. Its universal meaning lies in the monetization of other people’s negative property consequences and the assignment of their financial results to the involved person. At the dawn of human society, responsibility consisted of a reaction to non-compliance with legal requirements and acted in the form of an imposed fine which was multiple of the cost of loss. As far as society was developing, the monetary repression had already been classified into civil and criminal law, into response to personal insult and failure to fulfill property obligations (contractual and non-contractual). At the same time, the forfeit did not always ensure the recovering of the financial condition, and on the other hand, on the contrary, it created the abuse prerequisites. Another way to protect subjective rights became widely used, this is a way of losses recovery. The legal category of lost profits, as an important component of losses, became a part of professional life. The mechanism for the development of the said instrument was included in the legislation, since it was also defined as “future expenses for the recovery of the violated right”. Unfortunately, trial participants don’t use this instrument actively, and judges do not yet perceive such a broad understanding of possible losses. The participation of a professional defender becomes a determining factor in the effectiveness of demands for compensation.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - V.N. Koval
AU  - Yu.E. Monastyrsky
PY  - 2020
DA  - 2020/03/24
TI  - Participation of the Attorney in Civil Cases Regarding the Assignment of Responsibility in the Form of Losses
BT  - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020)
PB  - Atlantis Press
SP  - 188
EP  - 191
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200321.110
DO  - 10.2991/assehr.k.200321.110
ID  - Koval2020
ER  -