Title: Zaika U
Author: Usaer
Last saved by: User
Company: NAU

Zaika U. Problems of correlation of contractual and deliktnoy responsibility in judicial practice    

The article is devoted the problem of correlation of responsibility for the breaches of contract and responsibility for damnifications in the cases when caused damage transport vehicles at storage on parking places.  
The concept of civil liability, its signs, grounds and functions, is in-process probed, judicial practice, related to the damnification transport vehicles which was kept on parking places and  burned up because of disrepair, is analyzed.   
Attention is spared the grounds of responsibility of owner of transport vehicle through fault of which a fire happened and to the grounds of responsibility of owner of parking place, where a transport vehicle was on storage. 
An author came to the conclusion, that in case of occurring of obligations from a damnification general character and special grounds of responsibility for the breach of contract, responsibility for caused damage must be laid on  the side of agreement, which  did not execute   the obligations to under.
Guilt of keeper consists in that he in good time did not find out a fire, operatively did not snuff out him, that became investigation increase of size of harm. The owner of car accomplished противоправные, guiltyactions and it admits negligence. He did not carry out theproper technical examination of car that became reason offire.
Igniting of transport vehicle is not foundation to consider a car the source of enhanceable danger.  Igniting is a sign which characterizes such sources of enhanceable danger as combustibles (cisterns or reservoirs with petrol, oil, alcohol).
 An owner of parking place is a professional keeper.  The Сivil code of Ukraine is foreseen by responsibility of professional keeper and in default of his guilt (incident).  
Caused damage and his size are in direct causal connection with illegal actions, both owner of transport vehicle and owner of parking place (professional keeper).
After the compensation of harm the owner of parking place (side by agreement of storage, which did not provide safety of the article of storage) has a right to require indemnification in order of regress from the owner of transport vehicle, which a fire, causing damage, was through fault of.
The owner of parking place can also bring over to business the owner of vehicle as the third person. 
 Losses which the owner of parking place can exact in order of regress from the owner of car depend on the degree of guilt each of them.
 The court in cases of damage resulting from the breach of contractual obligations should place responsibility on the party that has not fulfilled obligations under the contract and allowed the damage to the property of the owner during transportation, storage, rentals. After the compensation of the owner, the contractor may file a lawsuit for damages to the person who is directly guilty of causing harm.
             Keywords: civil liability, guilt, contractual civil liability, uncontractual civil liability