The article examines the main approaches to the legal nature of civil liability. The author proves that members of the civil-law community of creditors bear fiduciary duties, which are manifested in the need to act in good faith and reasonably in the interests of the debtor and other creditors. Based on the results of this work, it is concluded that in the event of a violation by members of the civil-law community of creditors of their fiduciary duties, measures of liability may be applied to them in the form of recovery of losses, subordination of claims and substitution of the creditor’s will.