On the question of the essence and role of guilt in the obligations of causing harm

Gudkov A. I., Mishchenko V. I.

The authors, analyzing such an aspect of civil law regulation as obligations from causing harm, evaluate the concept of “guilt”, based on the condition that this element of identifying the properties of an offense will relate to the consequences in the form of causing harm. The authors draw attention to the fact that in civil law this phenomenon is due to a number of principles, the formation of which is mainly in line with doctrinal logic. As a result, this concept does not have an exact fixation in civil law, but is one of the most important forms for determining the legitimacy of the behavior of the parties in an obligation relationship and at the same time a tuning fork for assessing the harm that occurs in the event of their violation.

Keywords:Contract, law, obligations, civil law, guilt.