Civil Law Regulation of the Institute of Compensation for Losses in Russia
( Pp. 148-153)
More about authors
Vladimir N. Gavrilov
Cand. Sci. (Law), Associate Professor, Associate Professor of the Department of Civil Law
Saratov State Law Academy
Saratov, Russian Federation Daria A. Druzhinina Institute of Public Prosecutor's Office
Saratov State Law Academy
Saratov, Russian Federation Tatiana A. Svatuhina Institute of Public Prosecutor's Office
Saratov State Law Academy
Saratov, Russian Federation
Saratov State Law Academy
Saratov, Russian Federation Daria A. Druzhinina Institute of Public Prosecutor's Office
Saratov State Law Academy
Saratov, Russian Federation Tatiana A. Svatuhina Institute of Public Prosecutor's Office
Saratov State Law Academy
Saratov, Russian Federation
Abstract:
This study reveals the essence of the civil law contract through the category of «autonomy of the will of the parties», a detailed analysis of the legislative content of the institute of indemnity, the features peculiar only to the Russian legislation are highlighted. The origins of the institute of «indemnity», which was consolidated in England, are considered, its legal regulation and features are analyzed. In the course of the study dialectical, comparative-legal and systematic approach, methods of analysis, synthesis and analogy are used. As a result, the authors, based on the analysis of the current domestic legislation and the studied judicial practice on the example of specific court decisions, propose ways to solve the identified problems by giving explanations to the Plenum of the Supreme Court of the Russian Federation, concerning the distinction between the institute of compensation for losses and other externally similar legal institutions, in order to create a uniform law enforcement practice on this issue. In particular, when considering disputes on compensation for losses, courts should be instructed to analyze not only the issues of existence of an obligation, occurrence of the required circumstances, absence of guilt of the obliged party, but also the legality of the relevant condition included in the contract, conclusion of the contract, parties' possibilities on the one hand, and its compliance with the essence of the institution of compensation for losses, compensatory rather than «punitive» nature—on the other.
How to Cite:
Gavrilov V. N., Druzhinina D. A., Svatuhina T. A. Civil Law Regulation of the Institute of Compensation for Losses in Russia // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2023. Vol. 19. № 1. P. 148-153. (in Russ.)
Reference list:
Abdullin A.I., Chulkova P.M. Compensation of losses in Russian civil law: essence and purpose // Mari Legal Bulletin. 2016. № 4 (19). pp. 67–69.
Barinov N.A., Morozov S.Yu. 20 years of the Civil Code of the Russian Federation: results, trends and prospects of development // Materials of the International Scientific and Practical Conference. Prospect. 2016. 312 p.
Bogdanov D.E. Compensation of losses in Russian and foreign law // LexRussica. 2017. № 5. pp. 174–193.
Efimova O.V. Civil law institute of compensation of property losses // Bulletin of the Moscow State Pedagogical University. Series: Legal sciences. 2020. № 3 (39). pp. 68–73.
Karapetov A. G. Condition for compensation of losses: comment to Article 406.1 of the Civil Code of the Russian Federation // Bulletin of Economic Justice of the Russian Federation. 2016. № 5. pp. 80–98.
Molokanova D.S., Mukhametshin A.E. Compensation for losses incurred in the event of the occurrence of circumstances specified in the contract (Article 406.1 of the Civil Code of the Russian Federation), in judicial practice // Bulletin of Economic Justice of the Russian Federation. 2018. № 11. pp. 176–190.
Pokrovsky I.A. The main problems of civil law. Moscow: Statute (in the series «Classics of Russian Civil Law»). 1998. 353 p.
Sevostyanova A. A. Legal understanding of the Institute of compensation for losses // Bulletin of Kemerovo State University. Series: Humanities and Social Sciences. 2020. № 4 (16). pp. 365–375.
Sergeeva E.V. Assurances about circumstances as a tool to ensure the security of the parties in contractual relations // Russian State University for the Humanities. 2019. pp. 357–366.
Barinov N.A., Morozov S.Yu. 20 years of the Civil Code of the Russian Federation: results, trends and prospects of development // Materials of the International Scientific and Practical Conference. Prospect. 2016. 312 p.
Bogdanov D.E. Compensation of losses in Russian and foreign law // LexRussica. 2017. № 5. pp. 174–193.
Efimova O.V. Civil law institute of compensation of property losses // Bulletin of the Moscow State Pedagogical University. Series: Legal sciences. 2020. № 3 (39). pp. 68–73.
Karapetov A. G. Condition for compensation of losses: comment to Article 406.1 of the Civil Code of the Russian Federation // Bulletin of Economic Justice of the Russian Federation. 2016. № 5. pp. 80–98.
Molokanova D.S., Mukhametshin A.E. Compensation for losses incurred in the event of the occurrence of circumstances specified in the contract (Article 406.1 of the Civil Code of the Russian Federation), in judicial practice // Bulletin of Economic Justice of the Russian Federation. 2018. № 11. pp. 176–190.
Pokrovsky I.A. The main problems of civil law. Moscow: Statute (in the series «Classics of Russian Civil Law»). 1998. 353 p.
Sevostyanova A. A. Legal understanding of the Institute of compensation for losses // Bulletin of Kemerovo State University. Series: Humanities and Social Sciences. 2020. № 4 (16). pp. 365–375.
Sergeeva E.V. Assurances about circumstances as a tool to ensure the security of the parties in contractual relations // Russian State University for the Humanities. 2019. pp. 357–366.
Keywords:
indemnity, compensation of losses, intra-contractual insurance, indemnity, judicial practice, contract, risk distribution, differentiation of legal institutions, civil law policy, explanation of the Plenum of the Supreme Court of the Russian Federation, protection of the rights of entrepreneurs..
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