Annotation

Сivil law doctrine is based on the conceptual identity of non-contractual and tort liability, which seems so obvious that it appears to require no proof. However, there is a type of non-contractual liability which cannot be adequately reflected in the categories of tort law, namely the liability for the infringement of exclusive rights. The intangible nature of intellectual property dictates the nature of such liability as a sanction for the violation of the rights holder's monopoly, rather than an obligation to compensate for the harm caused. Non-contractual liability in civil law should therefore encompass two of its varieties: tort liability and liability for the infringement of exclusive rights.