CERTAIN CURRENT LEGAL ISSUES CONCERNING THE CIVIL LIABILITY OF NON-PROFIT INSTITUTIONS

Authors

  • Sovetzhan Argynbaiulu Yntymakov

DOI:

https://doi.org/10.52026/2788-5291_2021_66_3_53

Keywords:

legal entity, institution, right of operational management, civil liability, obligation, performance of an obligation, liability for breach of an obligation, monetary liability, non-profit organization, legal status of non-profit organizations

Abstract

As a legal entity, a non-profit organization is a full-fledged subject of civil law and, in accordance with the scope of their legal capacity, they can acquire civil rights, assume civil duties and independently perform them. As a result, a non-profit organization has a civil liability. It should be noted that the institution of civil liability occupies one of the main places among the legal instruments that ensure the effective implementation of the legal personality of any legal entity.

Currently, the institution of civil liability is regulated by the general provisions of Chapter 20 of the Civil Code of the Republic of Kazakhstan. It is known that civil liability is a form of legal liability, so this type of liability, in addition to the general features inherent in legal liability, has its own characteristics. Thus, a distinctive feature of civil liability is that it has a property-restorative (compensatory) nature and is characterized by the proportionality of the damage caused and the amount of liability.

At the same time, civil liability is recognized as a measure of legal influence of a property nature that creates unfavorable and undesirable consequences for the debtor.

The issues of civil liability of legal entities are in the focus of attention of many leading scientists of both the Soviet period and the present, and is one of the most comprehensively studied. Nevertheless, over time, despite the availability of fundamental research in this area, the issues of civil liability of legal entities are becoming more and more relevant, which causes significant problems, especially in the field of law enforcement practice.

This, of course, is an important factor determining the relevance of this topic. The article analyzes some current theoretical and legal issues of civil liability of an institution for its contractual obligations in accordance with the current civil legislation of the Republic of Kazakhstan. The article also discusses the main trends of civil liability of institutions in the system of non-profit organizations and ways to solve some legal problems.

Published

30.09.2021

How to Cite

Yntymakov С. А. (2021). CERTAIN CURRENT LEGAL ISSUES CONCERNING THE CIVIL LIABILITY OF NON-PROFIT INSTITUTIONS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 3(66). https://doi.org/10.52026/2788-5291_2021_66_3_53