Article 401. Grounds for liability for breach of obligation.

1. A person who has not fulfilled an obligation or who has performed it improperly shall be liable if there is guilt (intent or negligence), unless the law or the contract provides for other grounds for liability. A person is deemed to be innocent, if, with the degree of care and diligence that was required of him according to the nature of the obligation and the conditions of circulation, he took all measures to properly fulfill the obligation. 2. The absence of guilt is proved by the person who violated the obligation. 3. Unless otherwise provided by law or contract, a person who has not fulfilled or improperly fulfilled an obligation in carrying out entrepreneurial activities shall be liable unless he proves that proper execution was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given circumstances. Such circumstances do not include, in particular, breach of obligations by the counterparties of the debtor, the lack of goods on the market necessary for the execution, the lack of the necessary funds by the debtor. 4. An agreement concluded in advance on the elimination or limitation of liability for an intentional violation of an obligation is void.

<< Article 400 TKRF Back to table of contents Article 402 TKRF >>

References to other articles of chapter 25. Responsibility for violation of obligations:
Article 393. The duty of the debtor to pay damages.
Article 394. Losses and penalties.
Article 395. Responsibility for the default of a monetary obligation.
Article 396. Responsibility and fulfillment of obligations in kind.
Article 397. Fulfillment of an obligation at the expense of the debtor.
Article 398. Consequences of non-fulfillment of the obligation to transfer an individually-defined thing.
Article 399. Subsidiary liability.
Article 400. Limitations on liability for obligations.
Article 402. The responsibility of the debtor for its employees.
Article 403. The responsibility of the debtor for the actions of third parties.
Article 404. Wines of a creditor.
Article 405. The delay of the debtor.
Article 406. Delay of a creditor.