Liability for harm caused by minors between the ages of fourteen and eighteen

Article 926 of the Civil Code "Liability for harm caused by minors between the ages of fourteen and eighteen".  The plaintiff, rest N.I., filed a lawsuit against Zh-bayev E.B., Zh-aeva A., with a claim in which, in support of his claims, he indicated that the minor Zh-bayev Ye, born in 1999 in the village of Zhezkent in the Borodulikhinsky district, had stolen a VAZ 21215 license plate number 841 COA 16, owned by he owns it. As a result of the theft, his car was damaged, that is, material damage was caused in the amount of 473,202 tenge, in connection with which the plaintiff asked the court to recover the amount of damage from the defendant's mother, Zh-eva A.

By the decision of the Borodulikhinsky District Court of the East Kazakhstan region, the plaintiff's claims were satisfied - the amount of material damage in the amount of 437 202 tenge was recovered from Ms. Almagul in favor of Mr. Nikolai Ivanovich.

Satisfying the plaintiff's claims, the court reasonably proceeded from the fact that the resolution on the termination of the criminal case dated 06/22/2014 established that at the time of the commission of the offense, Zh-baev E.B. was a minor, and therefore, the criminal prosecution against him was terminated under art. 185 Part 1 of the Criminal Code, for lack of corpus delicti. As a result of the theft of a VAZ 21215 license plate number 841 COA 16, committed by J.E.B., the plaintiff suffered material damage, according to the report on the assessment of movable property dated 02/06/2014, conducted by the Laboratory of Scientific Special and Expert Research, the amount of damage amounted to 437 202 tenge.

According to paragraph 2 of Article 926 of the Civil Code, in the case when a minor between the ages of fourteen and eighteen does not have property or other sources of income sufficient to compensate for the damage, the damage must be compensated in full or in part by his legal representatives, unless they prove that the damage was not their fault.

Since Zh-bayev E.B., the direct cause of the harm, is a minor, he has no property, as well as a source of income, the court came to a reasonable conclusion about the recovery of the damage from his legal representative, the mother of Zh-eva Almagul.

Decisions using Article 919 of the Civil Code "Causing harm in a state of necessary defense", Article 920 of the Civil Code "Causing harm in a state of extreme necessity", Article 927 of the Civil Code "Liability of parents deprived of parental rights for harm caused by minors", Article 928 of the Civil Code "Liability for harm caused by a citizen recognized as legally incompetent", art.929 of the Civil Code "Liability for harm caused by a citizen recognized as having limited legal capacity", art. 930 of the Civil Code "Liability for harm caused by a citizen who is unable to understand the meaning of his actions" and Art. 947 of the Civil Code "Compensation for harm caused as a result of defects in goods, works or services" are not included in line 50 "Compensation for harm".

It is necessary to focus separately on decisions that do not fall into any of the categories following line 50 "Compensation for harm", as well as in the articles of the Civil Code mentioned above, but the content of which corresponds to the general concept of "Compensation for harm" set out in art.917 of the Civil Code.

 

 

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