Problematic Issues of Responsibility of Spouses for Harm Caused by their Minor Children

Abstract

The article is devoted to the study of the issues of responsibility of spouses for the harm caused by their minor children. In the course of the study, the normative legal regulation of the responsibility of spouses for harm caused by their minor children was analyzed, the grounds for such responsibility were identified and individual problems arising from the application of existing norms were considered. The purpose of this work is a comprehensive study of issues arising in practice in the application of civil and family legislation on the responsibility of parents (spouses) for harm caused by minors. The methodology of the work includes the use of general scientific methods such as analysis, synthesis, as well as special methods of legal science, such as formal legal and comparative legal. As a result of the analysis of the current legislation, the author revealed the imperfections of the legislative regulation of the liability of spouses for harm caused by their minor children, namely, the discrepancy of the conceptual apparatus used in the construction of the institution of parental responsibility for harm caused by minors in civil and family legislation. In addition, various approaches of the courts in determining the type of parental responsibility have been identified. Based on the results of the work, the author has developed the approach to improving legislation, which is expressed in the need to bring the provisions of family law into line with the provisions of civil law, and to exclude certain provisions concerning parental responsibility in the area under consideration.