THE PROBLEM OF THE CORRELATION BETWEEN CONTRACTUAL AND EXTRA-CONTRACTUAL LIABILITY IN CIVIL LAW

Abstract

The correlation between contractual and extra-contractual liability is the focus of the article. The article addresses the concepts of contractual and extra-contractual liability, the features inherent in contractual liability, the main principal directions underlying their differentiation, the necessity for theoretical and practical separation.

The article analyzes the interrelationship of contractual and extracontractual liability under the system of civil liability, the objective reasons for the need for specific regulations of contractual liability, highlights the importance of appropriate regulations in civil turnover. The current legislation, interpretation of judicial practice, structural flaws of the existing regulations of the institution of civil liability, the impact on the regulation of contractual and extracontractual liability and their interpretation are also touched upon.

It is concluded that special rules should apply to contractual liability under the general civil liability system. This division results from the contract's special function and significance in civil turnover and is necessary to guarantee the predictability that the parties to a contract anticipate and to balance the risks.

As a result, an attempt was made to justify the relative autonomy of contractual liability within the framework of civil liability, as well as the necessity of particular legislative rules to protect legal certainty, the coherence of legal practice, and its further advancement.