Mitigation of Losses as a Limitation Factor on Civil Liability

Mitigation of damages under Russian legislation appears to be one of the most underrated concept of all. This rule precluding defendant from recovering part of the damages sustained if such losses could have been avoided can be found almost in every system of law. However, the application of mitigation may vary substantially. Despite the fact, that norm regarding the mitigation principle is incorporated into the Civil Code of the Russian Federation, national court system shows some reluctance towards its thorough comprehensive and systematic assessment. In order to ameliorate status quo with respect to the institute of mitigation, it is necessary to create a methodological approach to its evaluation, considering the legal nature of this principle, the moment when the duty to mitigate arises, and the reasonableness of the measures taken in the course of such mitigation steps. Moreover, practice of the international tribunals and courts within foreign jurisdictions are also ought to be taken to the account.