Indemnification of Losses under Russian Law

This study analyzed the ratio of the institution of obligations to compensate for losses with measures in the form of recovery of losses and penalties, as well as with insurance. In parallel, the general features of the rules governing the institutions of compensation in the countries of Anglo-Saxon law were considered. It turned out that with each of the above institutions, compensation for losses have common features and insurmountable differences. At the same time, it is clear that, although foreign experience is a valuable resource for improving domestic legislation, it still requires adaptation when borrowing it. Compensation for losses can become a highly demanded contractual instrument in the Russian economic turnover. First, bringing the norms of the Civil Code of the Russian Federation in line with the compensatory function of compensation for losses, expansion potential at the level of compensation for compensated losses to the amount of losses actually incurred by the creditor. At the same time, the parties should be able to agree on a maximum limit for compensation for damage. Secondly, in Art. 406.1 of the Civil Code of the Russian Federation proposes to introduce more detailed rules on the transfer of the right of claim against a third party, whose actions lead to losses for the creditor, to the debtor: you should either indicate the subrogation of the claim, or suggest the courts, by analogy, apply the rules on subrogation in insurance. Thirdly, it is necessary to regulate in more detail the method of calculating recoverable losses in the event of occurrence or the amount of losses influenced by the creditor himself. If he was in bad faith guilty of the occurrence of circumstances, as a result of which the losses incurred, then the debtor must be released from the obligation to compensate them. Should be proportionally reduced.