De-conflict is what? What is a delict?
The legal term "delict", which originated fromLatin delictum and translated as "offense", "misdemeanor" or "guilt", although not used by Russian law, is nevertheless widely used in jurisprudence.
What is a delict?
In a broad sense, delict is any misdemeanor oroffense, and in a narrower context - these are all those acts of people that are contrary to the norms specified in the civil law. At the same time for such offenses, fines are provided - punishment in the form of material liability. The decease from other offenses is different in that it is a deliberate act, the purpose of which is to cause some kind of harm. The law also states that not everyone has a de facto ability, for example, mentally ill and minors are not subjects of offenses. By the way, there is a separate science that occupies offenses, which is called delictology.
The essence of the tort
Crime and delict largelycoincide with each other, but not always. For example, some crimes are not subject to civil penalties, since there are no persons who need to pay damages (for example, as a result of murder) or during the crime nobody was harmed (in the case of an attempt on a crime). On the other hand, a number of delicts can not be considered a serious crime, followed by a punishment, but such cases are subject to civil and legal retaliation. Proceeding from this, it can be said that, from the point of view of civil law, delict is any unlawful act: a crime, misdemeanor or damage to someone else's property.
History of tort law
In different periods of human history and inDepending on the legislation of a country, the responsibility for delicts (offenses) was different. At the initial stage of the development of tort law, its area coincided with the whole range of law, since persons who committed both criminal and civil misdemeanors and offenses were punished in the same way: exclusively through fines for the benefit of the victim. Further development consists in gradual allocation of criminal offenses, which were subject to public punishment, and on the other hand - civil offenses for which no penalty was charged. And now tort law has gradually become an intermediary field, standing between those and others.
Depression in Roman law
In Roman law, the importance of tort law wasthe most visible. Here for some criminal offenses, such as theft, robbery, etc., the procedure for collection was as specified in tort law. There were cases when some crimes could not be treated purely as criminal or civil, and then they were considered from the point of view of tort law. Nevertheless, during this period, the general concept of "delict" in Roman law was not developed. This led to the fact that a lot of relations continued to remain without any protection.
In the most developed of the systems of slaveholding law, there were two types of delicts:
- public delicts;
- private delicts.
Public delinquency is such an offense,which is committed against the state interests. The perpetrators were sentenced for this either to corporal punishment, up to the death penalty, or from them monetary fines were charged. Naturally, these sums went to the state treasury. A private deed is an infringement of private interests, not state interests. The penalty for this was either a reparation or a fine.
Types of torts in Roman law
1. Intentional offense.
2. Harm to the limbs of the human body.
3. Harm to the internal organs of man.
5. The mercenary infringement on another's property which can be regarded as theft of personal property, theft, embezzlement, misappropriation, etc.
6. The robbery.
7. Destruction and damage to personal property of individuals.
Obligations that generate responsibility or arise from circumstances and do not fall under the definition of a tort are called quasidelicates. They can be of the following types:
1. Deliberate, negligent and improper conduct of a court case by a judge.
2. Throwing or pouring out of the window something that could harm the passing under the windows.
3. Incorrect or inconvenient location of objects at some house, which can bring harm to passing citizens.
4. Theft in the hotel or on the ship by servants, for which the owner of the institution is responsible.
Types of offenses
Delicts or delicts are distinguished by the following criteria:
- the degree of public harm and the value of the object of encroachment;
- nature of public harm;
- way (non-violent or violent), the environment and the time of unlawful action;
- the size and nature of the harm caused,
- form and intensity of unlawful acts,
- motivation for committing an offense;
- personal characteristics of the offender
- subjective factor and others.
Classification of delicts
1. Administrative delict.This is a guilty, reckless and willful act,which encroaches on public or state order, freedom and human rights, on forms of ownership. For these offenses, the legislation provides for responsibility at the administrative level.
2. International delict.This action or inaction, which wascommitted (not committed) by subjects of international law, as a result of which international legal norms and principles or treaty obligations were violated. For this act, this entity is subject to international legal responsibility. It is called a delinquent. There is an opinion that only an intentional internationally wrongful act can be considered an international delict, and it is also nothing more than an international crime.
3. Civil law tort.This is an unintentional misconduct that leads toviolation of law and order, but does not constitute a crime. However, the perpetrators of this act are brought to civil liability. This may be a violation of the interests and legal rights of various entities in the field of their personal and property (non-property) relations.
Civil tort is any action oromissions that are contrary to the norms of civil law, those unlawful acts that harm personal property of non-property character (for example, honor, reputation, copyright or inventive rights, etc.). Civil offenses include the following unlawful acts: invalid illegal transactions, unreasonable enrichment, abuse of one's own rights, invalid civil transactions, breach of contract and obligations, etc. Civil delicts are divided into contractual and non-contractual. The first include delicts, which are related to the failure to fulfill the obligations available in the contracts. The second includes acts that are aimed at harming the person and her property or legal person.
The principle of general tort
Causing harm to one person by another isthe basis for the emergence of the obligation to compensate for this harm. This is the so-called principle of general tort. If it is established that the person is an injured party and any harm is done to him personally or his property, that person is relieved of the need to prove the fault and wrongfulness of the actions of the causer, as their presence is presumed by law. However, if the alleged perpetrator of harm is able to prove his innocence, then he will be released from responsibility. The content of the concept of "general tort" (this can be most clearly seen in the legal code of France) includes general conditions regarding the types of liability for harm caused. Here are some of them:
- the wrongfulness of those acts committed by the culprit;
- causal relationship between the harm inflicted and the behavior of the offender.
A tort is a harm to an individualor his family property as a result of an indirect or direct offense that entails the reparation of harm. At the same time, the delict can be of two types: public (violation of state interests and rights) and private (violation of interests and rights of individuals).