Parental responsibility for harm caused by children: the relationship between the norms of family and civil law

Abstract

The article examines the relationship between the norms of civil and family law governing the imposition of measures of property liability. It is proved that the responsibility of parents for harm caused by children is based on civil law, however, based on the existing family-legal relationship of parents with the harm-doer (child). It substantiates the thesis that parents are responsible for their own offense of a family-legal nature. The elements of this violation are analyzed. It is proved that the guilt of parents should be characterized as a psychological category, behavioral approaches to determining their guilt are criticized. On the issue of the shared or joint nature of parents’ responsibility for the harm caused by children, it is proposed to establish the solidarity of their responsibility in the case of their living together with each other and the child. In other cases, it is more appropriate to use the principle of shared responsibility based on the degree of guilt of each parent in failing to fulfill or improperly fulfilling their responsibilities for raising and supervising children. Proposals are being made to improve family legislation, as well as Resolution No. 1 of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010.