Legal entity as a subject of obligations with compensation for damage caused by saving the health, life and property of an individual

The article is devoted to determining the specifics of the participation of a legal entity in obligations to compensate for damage caused as a result of saving the health, life and property of an individual. It is established that the subjects of the obligations for compensation of damage caused as a result of saving the health, life and property of an individual are the victim (rescuer) – natural person, legal entity, and the debtor – state and the owner (owner) of the property that was saved. Wherein the subject composition depends on the species and subspecies of these obligations. It has been established that the legal construction of obligations to compensate for damage caused as a result of saving the health, life and property of an individual, with the participation of a legal entity, consists in the fact that the rescue actions of employees of a legal entity, carried out in the performance of their work duties, are considered actions of the legal entity itself. In this case, we are talking about the concept of «matching activity», where the activity of a legal entity is revealed through the activity of its employees. It is substantiated that the analogy of the law (according to Art. 1172 of the Civil Code) cannot be applied to relations arising from the rescue by a legal person of the health, life and property of an individual. The peculiarity of the participation of a legal entity in the obligations to compensate for damage caused as a result of saving the health, life and property of an individual is that it can only act on the side of the injured entity under the following conditions: 1) rescue actions are committed by an employee, contractor, member (member) of an entrepreneurial society or cooperative; 2) damage is caused to the property of a legal entity. It is concluded that damage caused to the property of a legal entity is compensated in cases of saving the health, life and property of a natural person by their employee during the performance of his work (official) duties. Damage caused to the property of the business association, the cooperative is compensated in cases of saving the health, life and property of a natural person by their participant (member) during his entrepreneurial or other activities on behalf of the association or cooperative. It has been established that in order to recognize as the subject of the obligation of the customer, the company, the cooperative, it is necessary to establish the presence of the following facts: (1) the presence of civil legal relations from the contract or participation (membership) in the company, cooperative; (2) the commission of rescue actions during the performance of duties from civil legal obligations for the performance of works under the contract, during their entrepreneurial activity of the company or cooperative or other activities on behalf of the company or cooperative. For the recognition of an individual as a creditor, it does not matter that he was in labor (official) relations with a legal entity and performed rescue actions during the performance of labor (official) relations. In order for such an obligation to arise, it is mandatory to establish the fact of causing damage to the life, health, property of an individual who is a party to the obligation as a rescuer – creditor.