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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Polina Vizgina
Procedural Aspects of Damages Proof
Jurisprudence
(Bachelor’s programme)
9
2019
Such a remedy as damages recovery is universal, as it has both contractual and non-contractual nature, and can also be the only claim as well as the additional one. Despite this fact, it is still uncommon and makes up about 5% of the number of all claims considered in civil proceedings. The institution of damages is an atypical phenomenon of civil law, since the court decision is largely dependent on the proof of certain facts. This circumstance is explained by the fact that civil law contains an evaluation concept of damages, as a result of which the court “fills” it with detailed content. Therefore, the procedural aspects of the damages recovery proceedings are especially important, since specialists, including legal practitioners, note the extremely complex and laborious nature of proving damages.

The aim of the work is to study the peculiarities of facts to prove for the plaintiff and the defendant in the case of damages recovery, as well as a comprehensive analysis of this phenomenon in order to determine how burdensome it is to prove the recovery for the parties.

To achieve this goal, this study analyzes the substantive aspects of the institution of damages, which directly affect the process of proof, jurisdiction of the damages recovery proceedings, the subject of proof in these cases, distribution of the burden of proof between the parties and methods to determine the amount of damages caused.

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