Article 15 of the civil code. Damages

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2018-03-26 07:36:20

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The Legislation provides for different methods of restoration of the violated rights of subjects. As one of them acts as direct damages. We next consider the norm, where it is installed. 15 of the civil code

St. 15 of the civil code

The damages caused to a person due to the violation of his rights carried out in full if the contract or the law provides for a smaller amount of compensation. As such losses are costs that the entity will have to make or already made to restore their financial situation. Unearned income that the person would have received under normal conditions of turnover if his rights had not been violated, also recognized as losses. St. 15 the civil code also provides for the possibility of the victim to claim compensation for lost profits. It is income which the offender received as a result of their illegal actions.

St. 15 of the civil code with comments

In the normal notion of property losses associated with the offense and is regarded as one of the categories of legal liability. Meanwhile, consider that quite common, and a different interpretation of the loss. Often under them understand the negative implications for the economic status of the person. They are expressed in the need to perform certain costs or to preserve the material of the sphere in an unmodified form, while it should expand. The imputation of the duty to compensate losses in such cases cannot be regarded as a form of accountability. In part 1 of article 15 of the civil code establishes the possibility to claim full compensation. As a General rule, the recovery of losses in a larger amount would lead to unjust enrichment. Meanwhile, it has many exceptions. They are installed both in one and in the other direction. For example, allowed payment of a penalty in excess of the losses. article 15 of GK of the Russian Federation

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A Smaller amount of recovery under the contract

Article 15 of the civil code includes the possibility of establishing legislation or agreement of compensation is smaller than the loss incurred by the victim. The formulation of the constraints associated with collecting, quite common in law. For example, under the agreement on compensated provision of services the customer may withdraw from them, subject to reimbursement of the costs actually incurred by the contractor. In case of loss or shortage of cargo, the carrier must compensate the cost of lost or missing volume.

The Restriction that as set out in article 15 of the civil code, specifies 717 the norm. It is determined that in addition to the payment to the contractor part provided in the agreement value in proportion to the amount of work executed before receipt of the notification of refusal of the customer, the latter shall compensate for the loss resulting from the termination of the contractual relationship. The recovery is carried out within the difference between the price for the service and part of the already paid amount. This rule does not provide exceptions to the General order of payment and does not relieve the plaintiff's obligation to prove the presence of losses. It only limits the amount of penalty, if actual damages above the statutory limit. free legal advice

Legal limits

The Most common the procedure established in 401 OK (item 4). In accordance with the signed advance agreement limiting or eliminating liability for the assumption of intentional violations of the obligation is considered to be negligible. After the infringement of rights, the intent of including, in practice, it is possible limitation of liability. For example, this is achieved through a settlement agreement. Limitation of liability takes place when you establish the exceptional of the penalty.

Relevant agreement may be concluded both before and after the occurrence of loss. In the law or the contract may establish the compensation of losses in a smaller size, but they may not provide the ability to collect a greater amount than the costs incurred, or to point out the inadmissibility of compensation.

Real damage

Paragraph 2 of article 15 of the civil code divides losses into two categories. One of them acts as real damage. It is expressed primarily in the cost incurred by the victim in recovering his rights. In this case, article 15 of the civil code refers to different situations. They are connected with the termination, but the possibility of reinstatement, and continuation of its existence, but the deformed shape. For example, the subject has acquired the subject of inadequate quality. Respectively, assumed or incurred the cost of correcting the defects.  article 15 of the civil code with commentaries

Important

Court practice on cases on compensation of loss is quite extensive. In the public domain there are many examples of claims, resolution of disputes. The subject can start the process. However, in some cases it is advisable to contact a lawyer. At the first meeting, usually given free legal advice. It will be explained the main issues of the proceedings. In particular, the claimant should be taken into account that the needcosts that will be collected, their estimated value should be justified by calculations and other documents. For example, it may be the costing of remedies, the agreement establishing the amount of liability to the infringer of obligations, and so on.

Lost property

This is another form of expression of the actual damage under article 15 of the civil code. As assets are primarily material objects. Damage is expressed in disappearance (destruction) of things. This, in turn, leads to a reduction in the property sphere. In addition, the actual damage under article 15 of the civil code should be considered a termination of rights if they cannot be restored. Compensation of losses in these situations is expressed in a monetary sum. loss of article 15 of GK of the Russian Federation

Example

The Association filed the suit demanding to oblige the company to transfer 2 flat in nature, under the contract of participation. In considering the statements defendant claims were accepted. However, the subject was referred to the impossibility of fulfilling the adopted obligations, because the house, in which were apartments that were inhabited. In accordance with the situation the plaintiff changed the subject of the application and required to compensate for losses in the form of the cost of housing. The first instance court the claim was satisfied. The defendant was the amount recovered, amounting to estimated cost of apartments on the date of signing the contract.

The plaintiff, challenging the decision, pointed out that compensation for inflation does not allow to buy two equivalent housing. Accordingly, the obstruction to restore them their rights. The ruling of the appellate court, changes were made to the solution. In particular, in favour of the applicant was charged a sum sufficient for the purchase of apartments, of similar quality to those that were to be transferred to him under the contract. the court was guided, first and foremost, article 15 of the civil code. In determining the size of damages was applied the advanced rule 393 of the rules (p. 3).  article 15 of the civil code damages

Lost profits

Loss of profit is reflected in the fact alleged (conceivable) the completion of property sphere of the victim, which would have occurred in the normal course of events, in case if his right was not violated. According to experts, the provision of the second paragraph of this rule applicable in a limited number of cases. In practice, quite difficult, and in many situations it is impossible to prove the profit violator of the law and to justify its size.

Specifics of consideration of cases

In trial of cases in which conflict arises from tax or other financial and administrative relations, it is necessary to note that the provisions of civil legislation applicable to them only provided that the corresponding option is installed norms. Litigation based on the fact that organizations and citizens in accordance with the rules of the comment on article 15, the right to claim compensation for damages arising in connection with the unjustified imposition of economic sanctions on, customs agencies, regulatory bodies for pricing, and other institutions of state power.

Compensation as a measure of protection

The Collection can be performed in order to ensure the protection of any subjective rights (exclusive, property, liability). It does not matter the presence/absence of the instructions about this in the special rules. Compensation acts as a universal method of protection of the interests of the victim. This is reflected in the fact that losses can be recovered simultaneously with the imputation of the penalty and interest on borrowed money and so on. In some cases, the compensation is performed together with application and other statutory sanctions. This provision refutes the widespread opinion that the inadmissibility of the use of two or more punishments for a violation. direct damages

Conclusion

In practical terms, the recovery of compensation is a matter quite time-consuming. This is caused not so much by the complexity of the substantive provisions applied to such cases as the presence of evaluative categories in which you need to understand. The burden of proving the existence of damage rests on the applicant. He needs to confirm not only the fact of its occurrence, but also a material right to compensation, the lack of impediment to foreclosure, the losses and so on.

Free legal advice will reveal only the tip of the iceberg in such cases. But if the subject is really ready to go all the way in restoring their rights, it is advisable to use the services of a lawyer. A lawyer will not only help to understand the situation, make the claim, but explain the possible scenarios. Special attention will be paid to the calculations. The amount of recovery of damages must be proportionate to the violation. This does not mean that the subject can claim compensation only specific actual damages. He is entitled to rely on a greater amount, if this option is defined in the contract or the law.


Article in other languages:

AR: https://tostpost.com/ar/the-law/11969-15.html

BE: https://tostpost.com/be/zakon/21412-artykul-15-gk-rf-pakrycce-strat.html

DE: https://tostpost.com/de/das-gesetz/21422-artikel-15-des-b-rgerlichen-gesetzbuches-schadensersatz.html

ES: https://tostpost.com/es/la-ley/21441-el-art-culo-15-del-c-digo-civil-indemnizaci-n-de-da-os-y-perjuicios.html

HI: https://tostpost.com/hi/the-law/11979-15.html

JA: https://tostpost.com/ja/the-law/11980-15.html

KK: https://tostpost.com/kk/za/21404-15-bap-rf-ak-shy-yndardy-teu.html

PL: https://tostpost.com/pl/prawo/21369-artyku-15-kodeksu-cywilnego-federacji-rosyjskiej-odszkodowania.html

PT: https://tostpost.com/pt/a-lei/21370-artigo-15-gk-rf-indemniza-o.html

TR: https://tostpost.com/tr/hukuk/21414-madde-15-meden-tazminat.html

UK: https://tostpost.com/uk/zakon/21395-stattya-15-ck-rf-v-dshkoduvannya-zbitk-v.html

ZH: https://tostpost.com/zh/the-law/12723-15.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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