Today, law is the key coordinator of public relations not only in the Russian Federation, but throughout the world. This means that almost all sectors of human activity are affected by this category. This fact is quite positive, because the effect of law allows not only to coordinate legal relations, but also to modernize them.
Of great importance in this matter is the civil law industry. It is most closely related to the daily life of the population of our country. One of the aspects that are regulated by the industry is the obligation relationship. They have their own specifics, as well as a number of rather interesting points.
An example is Art. 393 of the Civil Code of the Russian Federation, in which the obligation of the debtor to compensate for the losses caused by it is fixed. At first glance, the legal structure of such an institution is quite simple. But this is far from the case. In the presented article there are many hidden aspects that we will try to analyze further.
Concept of obligations
In Art. 393 of the Civil Code refers to the fundamental component of civil law - the obligation. As we understand it, 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 committing them in favor of the opposite.
In this case, the action may manifest itself in the form of work, transfer of property, provision of any services, etc. Moreover, the actual implementation of one of the presented categories is mandatory, because one of the parties is entitled to demand fulfillment of the obligation.
Loss profile
Another significant category presented in Art. 393 of the Civil Code, are losses. In various branches of modern science, this phenomenon is characterized in its own way. With regard to civil law directly, in an industry context, loss is real damage that has monetary value.
This negative factor arises due to a certain legal fact - an offense. The definition is fundamental not only for the practical development of civil law, but also the scope of application of its provisions in practice.
The provisions of Article 393 of the Civil Code of the Russian Federation
The legal norm presented in the article has an extensive sphere of influence. That is, its provisions extend to several similar relationships. The article is inscribed in chapter 25 and consists of six main points, each of which has its own legal meaning.
- According to paragraph 1 of Art. 393 of the Civil Code of the Russian Federation, the debtor, in the event of failure to fulfill its obligations or to fulfill them improperly, must compensate all losses incurred.
- In paragraph 2 of Art. 393 of the Civil Code of the Russian Federation refers to the essence of the mechanism for damages and the actual determination of this category.
- Paragraphs 3 and 4 indicate the rules for calculating losses and the actual circumstances of reality, which are taken into account when qualifying them.
- Clause 5 speaks of damages with the need for a high degree of certainty in their establishment.
- Paragraph 6 states that the creditor may demand the cessation of the implementation of any actions if the debtor is obliged not to carry them out. Along with this, the creditor has the right to claim compensation for losses caused to him by the debtor.
Thus, we examined the key provisions of the article of the Civil Code of the Russian Federation. In order to more fully understand the features of the institution of damages, it is necessary to analyze Art. 393 of the Civil Code of the Russian Federation with comments.
Clarification of paragraph 1
At the beginning of the legal provision of Art. 393 indicates the existence of the need for the debtor to compensate for the losses caused by failure to fulfill its obligations. However, the indicated legal construction can be applied only in the presence of certain aspects, namely:
- firstly, infliction of losses should occur only within the framework of the existing obligation between specific parties;
- secondly, there must be a connection between the actions of the debtor and the emerging negative phenomena;
- thirdly, it is necessary that the behavior of the debtor be unlawful.
Only in the presence of the presented moments can the construction of the debtor's obligation to indemnify be applied. It is worth noting that in the absence of a legal relationship between the parties, non-contractual liability will be applied, which is provided for in Chapter 59 of the Civil Code of the Russian Federation.
Item 2
To understand the features of losses, it is necessary to analyze the provisions of Art. 393 of the Civil Code of the Russian Federation with comments, or rather, paragraph 2 of this rule. This part of the article states that the determination 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 damages is given in article 15 of the Code. The provisions of this rule establish the exclusive right of a person to demand compensation for losses caused to him by any actions or non-fulfillment of obligations. This article also describes the category presented.
Commentary to paragraph 3
The provisions of the norms presented in the article fix certain rules for calculating the amount of losses. According to paragraph 3 of Art. 393, the court may take into account the prices that were on the day the judgment in the case is made. But in this case, we need to talk about the fact that the item presented is dispositive in nature. After all, the economic sphere of the state has always been characterized by high dynamics of change. Therefore, the legislator implies the possibility, but not the obligation of the court to calculate losses, taking into account existing prices for goods and services.
This factor allows you to most accurately satisfy all existing requirements of the creditor in the event of a change in the economic condition of the state. However, as already indicated, price accounting is purely nominal and can only be used by court order.
Features p. 4 of article 393 of the Civil Code of the Russian Federation
The provisions of the norm affect various legal institutions of civil law. For example, the rules for determining and accounting for lost profits are enshrined in the provisions of Art. 393 of the Civil Code of the Russian Federation. According to paragraph 4, the assessment of this type of loss occurs through a preliminary analysis of all measures that the creditor has taken to obtain a positive result. In other words, the amount of invested forces and funds to secure the obligation is taken into account. That is, the amount of benefit that was lost should be proportional to the costs that the creditor could incur in the event of normal fulfillment of the obligation stipulated by the parties.
For law enforcement practice, the presented calculation mechanism plays an important role. Similar institutions for reimbursement of lost profits can be found not only in national but also in international law today.
Commentary to paragraph 5
The last parts of Article 393 are relatively new to 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 damages.
Thus, according to Art. 393 of the Civil Code of the Russian Federation (Chapter 25), namely paragraph 5 of this rule, the amount of negative factors subject to immediate compensation should be established as reliably as possible. In other words, the creditor should not demand the excess from the negligent debtor. If it is reliably impossible to establish the amount of losses, this aspect does not give the court the right to refuse to satisfy all the claims of the creditor.
The same norm indicates a way out of the situation. In this case, the court is obliged to assess the amount of losses based on the existing circumstances of the case under consideration. In doing so, the provisions of the principle of proportionality of responsibility and justice must be taken into account. Other court actions will be unlawful. They can be easily challenged and canceled in the manner prescribed by law. The main thing is to understand the aspects of the illegality of the decision.
Features of clause 6
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 losses caused by the active illegal 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.
Compensation for losses in this case occurs on the basis of all the same active actions that were implemented contrary to the obligation of non-fulfillment. In this case, the creditor in such a situation may require a complete cessation of the implementation of certain activities. This aspect significantly expands the provisions of the norm and the possibility of its application in the process of coordinating legal relations.
Conclusion
So, the article examined the provisions of Art. 393 of the Civil Code of the Russian Federation (indemnification) with comments. It is worth noting that the institution existing in the presented norm is of great importance for legal activities of a practical nature. Therefore, its theoretical development is necessary for the modernization of the implementation mechanism, as well as industry legislation that governs the institution of damages.