The article is considering the question of a possibility to recover damages caused to a demandant by procedural activities of a defendant. The author examines the problem of property responsibility of a disputant in the context of violating the right to sue in a corporeal sense, and comes to the conclusion that the right to sue corresponds to independent obligation of a debtor, which is to refrain from activities that prevent a creditor from exercising “the right to enforcement”. A defendant’s performance of procedural activities violating this obligation is the basis for compensation of losses caused to a demandant.
Translated title of the contributionCOMPENSATION FOR PROCESS FINANCING: ON THE QUESTION OF SUBSTANTIVE CONSEQUENCES OF PROCEDURAL ACTIVITIES OF A DEFENDANT
Original languageRussian
Pages (from-to)105-116
JournalАРБИТРАЖНЫЕ СПОРЫ
Issue number2(94)
StateAccepted/In press - 2021

    Research areas

  • compensation of losses, property consequences of procedural activities, right to sue, corporeal value of procedural behavior

ID: 76023803