Damages Recovery Claims Regulation in Civil Codeof RF and in Principles of European Contractand Tort Law

Abstract

the monetization of another person’s negative property consequences and the assignmentof its financial results to the complicit party. In the present paper the evolution ofthe said legal institution is reviewed. At the dawn of our civilization the liability manifesteda response to a non-compliance with prescriptions of law and represented a fine to bepaid in a multiple amount of the loss. As our society progressed, we started classifyingthe monetary repressions into civil and criminal liability, into liability acting as a responseto personal affronts and liability for failure to perform contractual or non-contractualproperty obligations. At the same time penalty failed to restore one’s financial positionin some cases and, conversely, allowed for abuse of rights. Another way of legal protectionbecame widely adopted — damages for losses. The concept of loss of profit wasalso accepted into widespread professional use as an important component of damages.The Russian Civil Code provided for the development of the said instrument, as it wasdefined as “future losses for the restoration of the violated right”. Unfortunately, at thepresent time it does not find a widespread application among litigants. Judges also failto comprehend such a broad understanding of possible damages. The comparison betweenthe traditional and modern concepts regarding this issue found its reflection in thecorresponding chapter. The structure of gross domestic product (GDP) with prevailingservices sector is the economic parameter of the post-industrial society and its fundamentalattribute. The civil liability of service producers is of a much stricter nature. Forinstance, they are forced to pay damages for a rightful unilateral repudiation of the contract,no matter customers are citizens or not, whereas the legal tradition prescribes topay damages only if the party acted in breach of law. In the present work the author drawsa conclusion on the increasing importance of damages and their new role.
For citation: Monastyrsky Yu. E. (2021) Damages Recovery Claims Regulation in Civil Code of RF and in Principles of European Contract and Tort Law. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 87–108 (in Russian) DOI: 10.17323/2072-8166.2021.2.87.108