Tendencies of civil liability development in the course of (as part) of globalization
( Pp. 118-124)

Relevance of a subject of research. The main tendency among modern legal systems is their greater openness towards each other. It is based on general globalization of legal framework that leads to formation of the universal system for legal values. Elements of different legal cultures being united in the course of globalization have been enriching legal reality by means of the best national approaches transformation for the purposes of unification of legal acts and creation conditions for very true legal convergence. The legal convergence is mostly evident in the area of a contractual relationship, especially in the context of issues concerning liability and remedies in case of non-performance or improper performance under a contract. Being of great importance initially, integration process of European law is becoming more urgent due to creating conditions for further Russia’s integration to European economic space. This has to claim regulation catering for approaches provided for unification of European law. Practically, applicability and urgency of the civil liability issue is predetermined by interference with legal rights and legal interests. The mere fact that almost every litigation case concerns the liability demonstrates fully particulars of the civil liability phenomenon. Dynamics of legal relationship, having disclosed the liability for non - performance, is mediated by a character of performance for different contracts. Increasing importance of a commercial contract, freedom of its conclusion and scaling up of its applicability sharpens an issue of its due performance. An analysis of civil liability issues in general and its contractual element in particular has to be conducted considering economic content of the relationship which is a subject for civil law regulation. The latter in its turn is predetermined by economic transformation in Russia. Given all mentioned it is evident that the research of immediate interest. Research objective. The research aims to conduct a complex universal comparative analysis of the civil liability concept in the area of legal framework for European global space by means of delving into the Principles of European Contract Law (PECL), the Principles for International Commercial Contracts (UNIDROIT) and the CENTRAL List of Principles, Rules and Standards of the Lex Mercatoria. The research is focused on the main particulars and characteristics of contractual liability, its grounds, types of liability. The analysis also touches upon determination of the main directions of the civil law applicability in the context of modern civil commerce (circulation). Research methodology. The dialectical method is the main approach for the purposes of this analysis being the main method for comprehensive obtaining of knowledge. Along with the mentioned one other general scientific methods were applied, inter alia logical, functional, structural, system. Conclusions. Development of the civil liability in the European global law space is determined by harmonization of the legal framework for the main European contract law acts, in particular, the Principles of European Contract Law (PECL), the Principles for International Commercial Contracts (UNIDROIT) and the CENTRAL List of Principles, Rules and Standards of the Lex Mercatoria. The Principles of European Contract Law (PECL), the Principles for International Commercial Contracts (UNIDROIT) and the CENTRAL List of Principles, Rules and Standards of the Lex Mercatoria define the contractual liability in the context of remedies provided in case of non-performance. Generally it means that, on the one hand, remedies are being listed according to situations where they can be applied, on the other hand, the legal framework for determination obligations of a debtor in a contractual relationship precedes those patterns. Grounds being listed for the civil liability in the above mentioned acts fully coincide with conditions of the liability. It is enough for the aggrieved party simply to prove the non-performance, i.e. that it has not received what it was promised (it is not necessary in addition to prove that the non-performance was due to the fault of the non-performing party). The right to damages exists in the event of failure to perform any of the obligations which arise from the contract. Thus, it is not necessary to draw any distinction principal and accessory obligations. The case law of the European countries rather contributes to creation of general principles, in particular, concerning a party’s fault. A good example in this regard the CENTRAL List of Principles, Rules and Standards of the Lex Mercatoria having enriched European contract law with a concept “culpa in contrahendo”. Comparing approaches to damages recovery for a contractual default proves that the acts of European contractual law stipulate the same coinciding regulation: - full damages recovery (positive contractual interest), according to this concept the recovery should be as if a contract had been duly performed. - differentiation of the recovery’s character; - possibility to apply both concrete and abstract calculations of damages; - recovery of expectation and liquidation damages. Practical performance. Research’s outputs can be applied by judicial authorities, law departments of higher schools for the purposes of lecturing of relevant courses.

Posokhov S.P., (2016), TENDENCIES OF CIVIL LIABILITY DEVELOPMENT IN THE COURSE OF (AS PART) OF GLOBALIZATION. Gaps in Russian Legislation, 8 => 118-124.

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globalization, civil liability, contractual liability, losses, penalty, tort, harm.