Psychological Aspects of Liability under Russian Civil and Family Law

Based on the study, the authors conclude that taking into account psychological aspects is an important factor that guarantees the fair application of liability measures. In this regard, the authors contend the common point of view in the doctrine, justifying the need to abandon psychological fault and the transition to the concept of objective (objectivist) fault. Objective (objectivist) fault means that what we need to take into account is a nonmental (subjective) attitude of the person to his actions and the corresponding consequences, and the fact of improper performance of duties by the debtors whether they take (or fail to take) appropriate measures, i.e., an objective description of the debtor’s behavior. According to the authors, the fault, that is objectified in the actions of the subject, testifies to his will, testifies that before not fulfilling the obligation or fulfilling it improperly, before causing harm to the victim, including by abusing his right, the subject must form all this in consciousness, this should become the subject’s will and reflect outward as a strong-willed action. The authors conclude that civil liability is characterized not only by careless, but also intentional fault, including fault in the form of direct intent. A comparison of the psychological aspects of liability in civil and family law allows us to assert that intentional fault is more characteristic of family legal liability than of civil law due to the specifics of family relations.

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