ПРОБЛЕМЫ СОВЕРШЕНСТВОВАНИЯ ГРАЖДАНСКО-ПРАВОВОЙ ОТВЕТСТВЕННОСТИ ЗА НАРУШЕНИЕ ОБЯЗАТЕЛЬСТВ В КОНТЕКСТЕ СОВРЕМЕННЫХ ТЕНДЕНЦИЙ

Аннотация

The article analyzes the social relations arising from the application of civil-legal liability for breach of obligations, as well as scientific approaches to the concept of civil-legal liability.
The necessity of clearly defining the role of fault in civil liability is emphasized, particularly the need to distinguish in legal norms between objective liability (irrespective of fault) and subjective liability (based on fault), to develop a unified methodology for calculating damages, and to establish specific performance as the primary remedy.
The study analyzes such theories, models, and doctrines of global civil law as fault-based liability and strict liability, among others. It also highlights issues related to the optimization of liability measures for breach of obligations, ensuring coherence between the application of public and private liability, as well as trends toward limiting liability in light of the socialization of civil law.
Additionally, the article discusses the specific aspects of expressing civil-legal liability for breach of obligations, its development genesis, and the national and international legal norms regulating the application of civil-legal liability.
In particular, a new definition of civil-legal liability is proposed, along with the unification of its two main functions – reparative (damage compensation) and preventive-educational functions. It is also suggested to change the approach to liability as the basis for fault.
Furthermore, the article presents scientific-theoretical conclusions, as well as proposals for improving legislation and law enforcement practices, including the introduction of new articles into the Civil Code of the Republic of Uzbekistan.