THE FEATURES OF A CAUSAL RELATIONSHIP IN THE TORT LIABILITIES DONE OWING TO ILLEGAL ACTIVITY / DIVERGENCES OF JUDICIAL AUTHORITY BODIES

Abstract

In the article there is proved the conclusion that any of theories of a causal relationship, that are known nowadays, cannot be unconditional chosen as the main and such, which considers all cases of causing damage by illegal activity / divergence of judicial authorities. Therefore at disclosure of features of this condition of emergence of the tort liabilities done by bodies of judicial authority — situational approach prevails.
In cases of tort liabilities done by bodies of judicial authority, the injured person has to prove existence of a causal relationship between illegal activity / inaction of the appropriate judicial authority (the judge, judges) and the done harm, that is, this communication has no regulatory character.
In case of infliction of harm to the person as a result of illegal activity / divergence of judges at joint consideration of the case, such harm has to be compensated in full from special savings accounts for means with the corresponding purpose of the specific judges who are a joint part of court in a share which is defined by a court decision, and in case of impossibility of its definition — is solidary irrespective of whether the behavior of the specific judge the equivalent or alternative reason of infliction of harm for the person was.