Возмещение потерь, возникших в случае наступления определенных в договоре обстоятельств (ст. 406.1 ГК РФ) в доктрине и судебной практике. Часть 1

Translated title of the contribution: Compensation for losses arising in the event of occurrence of certain circumstances in the contract (Art. 406.1 of the Civil Code), in doctrine and jurisprudence. Part 1

Research output: Contribution to journalArticle

Abstract

This article examines the legal nature of compensation for losses under article 406.1 of the civil code of the Russian Federation and its subjects. It is concluded that the agreement on compensation of losses should relate to the subject matter of a contract. The questions are answered as to whether a third party that is not a party to the underlying obligation can assume the obligation to recover losses, and whether a party to the underlying obligation can assume the obligation to recover losses of a third party in connection with this obligation? It is further concluded that the obligation to recover losses is a contractual monetary obligation. It is noted that it is necessary to clearly distinguish between contractual liability for breach of obligations, on the one hand, and compensation for losses under article 406.1 of the civil code - on the other. In conclusion, answers are given to the questions whether it is possible to apply to property losses under article 406.1 of the Civil Code of the Russian Federation rules on losses, as well as what circumstances need to prove to the plaintiff in the event of a dispute under article 406.1 of the Civil Code.

Translated title of the contributionCompensation for losses arising in the event of occurrence of certain circumstances in the contract (Art. 406.1 of the Civil Code), in doctrine and jurisprudence. Part 1
Original languageRussian
Pages (from-to)158-163
JournalЕВРАЗИЙСКИЙ ЮРИДИЧЕСКИЙ ЖУРНАЛ
Issue number2(129)
StatePublished - 2019

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