The basis of occurrence
The most significant difference lies in the grounds for non-contractual and contractual obligations. The latter arise when both parties enter into a written agreement with legal force. On the other hand, the grounds for the emergence of non-contractual obligations are the existence of specific conditions, while the existence of a document does not play a role.
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Parties
The fulfillment of contractual obligations is imposed mexico number for whatsapp on the parties who have entered into an agreement with each other and expressed their willingness to comply with its terms. Non-contractual obligations may extend to anyone, even in the absence of a document. Thus, unintentional damage to someone else's property leads to an obligation to pay the amount of damage.
Contents of obligations
The content of contractual obligations is discussed in advance and specified in the agreement. Non-contractual obligations differ in content depending on the legal norm that underlies them. Thus, the need to pay alimony arises from family law.
Legal consequences of violation
As a rule, violation of contractual obligations leads to the application of certain sanctions: imposition of a fine, compensation for damages or termination of the agreement. The legal consequences of failure to fulfill non-contractual obligations may be similar, but when determining the nature of the recovery, current legislation should be followed.
Thus, specialists need to have an understanding of the specific features of non-contractual obligations, taking into account which legal norms must be applied.
The concept and types of non-contractual tortious obligations
The main type of non-contractual obligations are the so-called tortious ones, which arise as a result of causing harm. In this case, the debtor is the person who caused the damage, and the creditor is the injured party.
A sign of non-contractual obligations is the onset of liability of the violator in accordance with the norms of civil legislation.
The concept and types of non-contractual tortious obligations
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In order for a non-contractual obligation to arise and at the same time for the relations arising from it to be legally regulated, harm must be caused to an individual or his property or the property of an organization. The obligation consists in the fact that the debtor is required to fully compensate for the damage caused.
Such phenomena may arise between citizens, legal entities, subjects of the Russian Federation, and local government bodies.
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Damage gives rise to a non-contractual obligation if the following requirements are met:
The action (inaction) is illegal, that is, the person who caused the harm violates both legal norms and the victim’s own rights.
An action (inaction) entails damage, and liability is borne by the person who took the corresponding action (or failed to act).
Guilt for causing harm has been established.
During the judicial consideration of a claim for compensation for damages, the defendant may be obliged to compensate for the damage in kind (transfer an object with similar characteristics to the plaintiff, make repairs) or by making a payment in the amount of actual damage (the cost of damaged property, other expenses related to eliminating the consequences), as well as lost profits (the estimated amount of income of the victim that was not received due to the violation of his rights). In other words, the damage caused must be compensated in full.