Year of Graduation
Damages in Сivil Law: Novels of Legal Regulation and Practice of Implementation
The research is focused on complex analysis of legal institute of damages in Russian Civil law, in the context of novels of legal regulation, which appeared as a result of reform of Russian Civil Code in 2015. The main purpose of this study was consideration of a new approach to damages, as well as identification of problems that have not been resolved by the reform. Within the work, the concept of damages was analyzed, the main signs of damages were identified, a new version of Article 15 of the Civil Code was proposed. In addition, certain types of damages (penalties, nominal, liquid damages, loss of chance), which are not yet used in the Russian Federation were investigated, changes that will make recovery of such damages real in practice were proposed. Also, the traditional approach for establishing the grounds and conditions for civil liability was called into question. A distinction was made between these concepts. The issue of establishing a causal link, as well as the ways of its establishment, has been separately investigated. In the research legislative novels that establish new rules for determining the amount of damages, as well as grounds for reducing the amount of damages were analyzed. Within the framework of this work, various views on damages, both Russian and foreign, are given.