Indemnity in Russian and Foreign Civil Law

Student: Folanina Natalia

Educational Programme: Legal Support and Business Protection (Master)

Year of Graduation: 2020

This work is devoted to the study of the features of the institution of indemnity in Russian and foreign law, in particular the law of England and the USA. This work consists of introduction, two chapters, conclusion and bibliography. The first chapter of the work is theoretical in nature, the author explores the construction of indemnity in the countries of the Anglo-Saxon legal system, the legal regulation of compensation for losses in Russian law and, through a comparative analysis, highlights the features of the domestic institution of compensation for losses, which indicate that the institution of compensation for losses under Russian law does not is a complete analogue of the Institute of Indemnity. The second chapter is aimed at identifying problematic aspects of the application of the institution of compensation for losses in Russian law. In it, the author establishes the relationship of this institution with other similar civil law institutions (forfeit, losses, assurances of circumstances), explores the existing problems of qualifying conditions for compensation for losses in judicial practice, and proposes mechanisms aimed at improving the application of the institution of compensation for losses. The main results of the work are contained in the conclusion. In addition, the author made suggestions for improving legislation aimed at developing a mechanism for recovering losses to ensure effective protection of the rights and legitimate interests of participants in entrepreneurial relations.

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