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  • Recovery of Damages Arising from the Conclusion of a Contract with a Representative of a Legal Entity that Violated the Terms of the Exercise of Authority when Concluding a Contract, from an Unfair Counterparty

Recovery of Damages Arising from the Conclusion of a Contract with a Representative of a Legal Entity that Violated the Terms of the Exercise of Authority when Concluding a Contract, from an Unfair Counterparty

Student: Fominykh Nikita

Supervisor: Vsevolod Baibak

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

This research paper is devoted to the study of the conditions under which an unconscionable counterparty who entered into a transaction with a legal entity, at the conclusion of which a representative of a legal entity violated the conditions for the exercise of powers is brought to responsibility. The author analyzes the aspects of policy of law, conducts a comparative legal analysis, justifies the possibility of bringing a tort to an unfair counterparty of a legal entity in accordance with the current legislation and the modern science of Russian civil law. As a result of the research, the author comes to the conclusion that it is advisable to consolidate the joint and several liability of a representative of a legal entity and an unfair counterparty for claims for recovery of losses in the case described. Also the author speaks in support of the onset of tortious responsibility of an unfair counterparty not only for intentional actions, but also for gross negligence.

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