The Idea of Fault, Wrongfulness and Liability in Private Law


  • Jānis Kārkliņš University of Latvia


fault, culpability, wrongfulness, unlawfulness, degrees of fault, slight negligence, ordinary negligence, gross negligence, intent, carelessness, civil liability, foreseeability, excuses


The article contains analysis of several aspects of civil liability and the criteria of its application, by providing a point of view to such complicated concepts as defining fault and wrongful act and finding them in actions of persons. The article contains analysis and opinion about the meaning and the role of fault and its degree (negligence and intent) in the application of civil liability. Also, there is analysis about the doctrine of the foreseeability of infringement of rights, as well as a proposal to clarify the predominant approach in establishing civil liability in Latvia. The examined questions are analyzed from the standpoint of theoretical sciences, therefore allowing other legal scholars in Romano-Germanic states to use the conclusions given in the article in their scientific work as well.

Author Biography

Jānis Kārkliņš, University of Latvia

Dr. iur.
LU Juridiskā fakultāte
Civiltiesisko zinātņu katedras asociētais profesors




How to Cite

Kārkliņš, J. (2015). The Idea of Fault, Wrongfulness and Liability in Private Law. Journal of the University of Latvia. Law, (8), 154–175. Retrieved from