To date, the right is the keycoordinator of public relations not only on the territory of the Russian Federation, but also all over the world. This means that almost all branches of human activity are affected by this category. This fact is quite positive, because the operation of the law allows not only to coordinate legal relations, but also to modernize them.
Great importance in this matter is played by the industrycivil law. It is most closely connected with the daily life of the population of our country. One of the aspects that are regulated by the industry is the legal relationship. They have their own specifics, as well as a number of quite interesting moments.
An example is Art.393 of the Civil Code of the Russian Federation, which fixes the obligation of the debtor to reimburse the losses caused to them. At first glance, the legal design of such an institution is quite simple. But this is far from the case. In this article there are many hidden aspects that we will try to disassemble further.
In Art.393 of the Civil Code of the Russian Federation refers to the fundamental component of the civilization - the obligation. As we understand, this concept is characterized by a legal relationship in which two parties participate. The peculiarity of the category is manifested in the fact that one of the parties undertakes to commit actions of a certain kind or to refrain from doing them in favor of the opposite.
In this case, the action can be manifested inform of work, transfer of property, provision of any services, etc. At the same time, the actual implementation of one of the presented categories is mandatory, because one of the parties is entitled to demand fulfillment of the obligation.
Another significant category presented in theArt. 393 of the Civil Code of the Russian Federation, are losses. In different branches of modern science, this phenomenon is characterized in its own way. As for civil law itself, in the industrial context, a loss is a real damage that has a monetary expression.
The legal norm presented in the article hasa vast sphere of influence. That is, its provisions extend their effect to several similar legal relationships. The article is written in chapter 25 and consists of six main points, each of which has its legal significance.
Thus, we examined the key provisions of the article of the Civil Code of the Russian Federation. To more fully understand the features of the institution of compensation for damages, it is necessary to analyze Art. 393 Civil Code of the Russian Federation with commentaries.
At the beginning of the legal provision of Art.393 indicated the need for the debtor to reimburse the losses caused by default of its obligations. However, this legal design can be applied only in the presence of certain aspects, namely:
If there are presented moments, you canapply the design of the debtor's obligation to pay damages. It should be noted that in the absence of legal relations between the parties, non-contractual liability will be applied, which is envisaged in chapter 59 of the Civil Code of the Russian Federation.
To understand the peculiarities of losses,it is necessary to analyze the provisions of Art. 393 Civil Code of the Russian Federation with comments, to be more exact, paragraph 2 of this standard. This part of the article states that the definitions of all negative consequences should be carried out in accordance with the provisions of the Civil Code.
It should be noted that the principle of reparationlosses is given in Article 15 of the Code. Provisions of this rule fix the exclusive right of a person to demand compensation for losses caused by any actions or non-performance of obligations. This article also provides a description of the category presented.
The provisions of the rule presented in the articlefix certain rules for calculating the amount of losses. According to paragraph 3 of Art. 393, the court can take into account the prices that were on the day of the decision in the case. But in this case, we need to talk about the fact that the presented item is dispositive in its essence. After all, the economic sphere of the state has always been highly dynamic. Therefore, the legislator implies the possibility, but not the duty of the court to calculate the losses taking into account the existing prices for goods and services.
This factor allows the most accuratesatisfy all the existing requirements of the creditor in the event of a change in the economic state of the state. However, as already mentioned, price accounting is purely nominal and can only be used by a court decision.
The provisions of the rule affect various legalinstitutes of civil law. For example, the rules for determining and recording loss of profits are fixed in the provisions of Art. 393 Civil Code of the Russian Federation. According to paragraph 4, the assessment of this type of loss occurs by a preliminary analysis of all measures that the creditor has taken to obtain a positive result. In other words, the number of invested forces and funds for ensuring the obligation is taken into account. That is, the size of the benefit that was lost should be proportional to the costs that the creditor could incur in the event of a normal fulfillment of the obligation provided by the parties.
For law enforcement practice, thethe settlement mechanism plays an important role. Such institutions for the compensation of lost profits can be found not only in national, but also in international legislation to date.
The last parts of article 393 are relativelynew for the Civil Code, because they appeared in 2015. Their introduction was due to the need to clarify certain aspects of civil-law activities and the process of resolving disputes in the field of compensation for damages.
Thus, according to Art.393 of the Civil Code of the Russian Federation (Chapter 25), namely paragraph 5 of this standard, the size of the negative factors to be immediately recovered must be established as accurately as possible. In other words, the creditor should not demand excess, from the negligent debtor. If it is impossible to establish the amount of losses, this aspect does not entitle the court to refuse to satisfy all creditor claims.
In the same rule, a way out of the situation is indicated.In this case, the court is obliged to estimate the amount of losses based on the existing circumstances of the case in question. In this case, it is necessary to take into account the provisions of the principle of proportionality of responsibility and justice. Other actions of the court will be illegal. They can easily be challenged and canceled in the manner prescribed by law. The main thing is to understand aspects of the unlawfulness of the decision.
Starting with Part 1 of Art.393 of the Civil Code of the Russian Federation and ending with paragraph 5, the process of compensation for damages caused by the unlawful actions of the debtor was considered. A completely different design is provided for in paragraph 6 of Art. 363 of the Civil Code of the Russian Federation.
Reimbursement of damages in this case occurs onthe basis of all the same active actions that were implemented in spite of the obligation to do so. At the same time, a creditor in such a situation may demand a complete cessation of the implementation of a particular activity. This aspect significantly expands the provisions of the norm and the possibility of its application in the process of coordinating legal relations.
So, in the article the provisions of Art.393 of the Civil Code of the Russian Federation (compensation for damages) with comments. It is worth noting that the institution existing in the presented norm is of great importance for legal practice of a practical nature. Therefore, its theoretical development is necessary to modernize the implementation mechanism, as well as sectoral legislation that regulates the institution of compensation for damages.
