EVALUATION AND REGULATORY CONTENT OF THE REASONABLENESS’ PRINCIPLE OF DELICIOUS LIABILITY IN CIVIL LAW

Abstract

In many cases of law enforcement, reasonableness is almost the only regulator of relationships today. It permeates and conditions the action of essentially all civil law institutions. Therefore, in a developed democratic society, the principle of reasonableness takes on the characteristics of a general legal principle, since most decisions in such a society are made on the basis of consensus and mutual understanding. Despite the stated relevance and practical demand, reasonableness as a legal category (legal principle), and especially in the context of its application to tortious liability relations, was not previously an independent subject of theoretical and legal research. The reason for this was most likely a deceptive appearance of reasonableness. Therefore, due to the lack of a legal definition of reasonableness, the study of this legal phenomenon is carried out within the framework of legal doctrine and law enforcement activities. Regarding establishing the content of the category of reasonableness, defining specific criteria for applying the principle of reasonableness, it is worth noting that this problem is perhaps the most controversial issue of modern civil law. The purpose of the scientific research was to clarify the normative and evaluative content of the principle of reasonableness of tort liability in civil law. The principle of tortious liability reasonableness of in the evaluation and regulatory content direction is characterized as a mean of achieving flexibility of civil law regulation through a balanced relationship of their actions with the goals of civil law models of behaviour, rights, freedoms and legitimate interests of others and society and the state. Also, according to the results of the conducted research, it was established that the principle of reasonableness of tortious liability in civil law can be applied exclusively for the purpose of assessing the measures of tortious liability for a civil offense committed by a delinquent. The application of the principle of tortious liability in civil law to assess the behavior of the delinquent, which is illegal, is essentially impossible, because illegal behavior that is contrary to the law under any conditions cannot be recognized as reasonable.