0

In Civil Law( legal system) there is no distinction between Liability and Responsibility.

One can only seek(judicially) the cessation of an illegal act if they have suffered damages.

One can only claim someone is Liable before the tribunal and not Responsible(they can't go to court unless they have been damaged).

What is the importance( in Common Law) of the provision of Responsibility distinct from Liability and enabling people to seek the cessation of an illegal act even if they have not been damaged?

Who would go to court if they have not been damaged? Are they simply busyjobs and vigilantes?

0

What is the importance( in Common Law) of the provision of Responsibility distinct from Liability and enabling people to seek the cessation of an illegal act even if they have not been damaged?

The purposes are (1) to prevent damages from materializing (at which point they would become liabilities), and (2) to ascertain who would be liable once damages materialize. Purposes (1) and (2) are known as injunctive relief and declaratory relief, respectively.

Injunctive relief is arguably more drastic and is intended for situations where irreparable loss is imminent or very likely. A respondent's conduct can be of such nature that no award in court could suffice to compensate for the loss caused by that respondent (i.e., the person responsible for the loss); or, if the award compensates at all, the losses would have been exacerbated by the time the correct ruling is made. Personal Protection Orders (example: this one) are one example of injunctive relief.

By contrast, declaratory relief does not strictly require the cessation of an act. Instead, it only determines beforehand or ex-ante the party who would be liable/entitled and the extent of that party's liability/entitlement.

Black's Law Dictionary defines "Responsible" as the entity "[a]ble to pay a sum for which he is or may become liable" (emphasis added). Thus, the concept of responsibility is wider encompassing than the term "liability".

| improve this answer | |
  • In Civil law(legal system) I believe injuctive relief and declaratory relief are guaranteed by the Civil Procedure. One can seek Ασφαλιστικά Μέτρα, Διαταγή Πληρωμής and Αναγνωριστική Αγωγή. I believe Civil law(legal system) just manages to prevent the same damages through different means( Civil procedure as opposed to Civil law( not Criminal or Public)) – George Ntoulos May 15 at 13:23
  • @GeorgeNtoulos "prevent the same damages through different means( Civil procedure as opposed to Civil law( not Criminal or Public))". It appears that you are confusing concepts. Civil law and civil procedure are not "different means" to pursue certain outcome.They are not substitutes. Civil law determines the parties' substantive or ultimate rights & duties, whereas laws of civil procedure determine how to enforce those rights in court. – Iñaki Viggers May 15 at 13:48
  • In Greece we call The law that determines the parties' substantive or ultimate rights & duties Substantive Law( Civil Law is Private Substantive as is Labour law, Trade law, etc) and the laws that determine their enforcement( in court or outside of it as people sometimes refuse to conform with court decisions) Procedural Law. – George Ntoulos May 15 at 23:41
  • Some times depending on what the Substantive Law is one can bend it by providing some temporary relief(temporary protection of the substantive rights) with the Procedural law. Which means there might not be Responsibility so as to seek permanent protection( Κύρια Αγωγή) but if the damage is iminent one can seek temporary relief for a limited amount of time. – George Ntoulos May 15 at 23:46
  • @GeorgeNtoulos Ok, we are on the same page (for the most part). You seemingly are thinking of peremptory relief. That relief certainly is premised on procedural law, although it is not whatsoever a substitute for substantive law. Nor does that relief relate to responsibility any differently than the latter relates to liability. Peremptory relief is warranted when allowing the wrongful conduct while court proceedings are pending would defeat the purpose of those proceedings. Regardless, peremptory relief and its support on procedural law are ultimately premised on substantive law. – Iñaki Viggers May 17 at 11:41

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.