Journal of Siberian Federal University. Humanities & Social Sciences / Tort Liability of Children

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2023 16 (5)
Authors
Mishchenko, Elena V.; Letuta, Tatiana V.
Contact information
Mishchenko, Elena V.: Orenburg State University Orenburg, Russian Federation; Letuta, Tatiana V.: Orenburg State University Orenburg, Russian Federation;
Keywords
tort law; the liability of parents; children’s rights; children as tortfeasors; children’s tort liability; the digitalization
Abstract

The purpose of the study is to determine the compliance of tort law with the modern capabilities of children. The prevalence of cyber-crimes, the active involvement of children in the Internet space allow us to talk about the paradox of the imbalance between legal capacity (tortious capacity) and the actual access of children to commit legally significant actions. In such circumstances, the rules on compensation for harm at the expense of parents (legal representatives) in many cases no longer correspond to the general idea and meaning of tort liability. The ineffectiveness and injustice of the norms on the tort responsibility of children are expressed in the complete absence of the educational function of these norms for the children as tortfeasors. The impunity of the actions of adolescents from the point of view of civil law only leads to the further spread of child violence. A proposal to introduce a rule on joint tort liability of parents and close relatives with whom the child lived with the consent of the parents was sent to achieve the goals of restoring justice. The rule on the age from which it is possible to take into account the guilt of the victim will help to eliminate the inconsistency of judicial acts. The proposed legislative changes are a necessary stage in the formation of a legal system that meets the needs of changing reality

Pages
724–732
EDN
SNJBJV
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/150114

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