Grounds for excluding compensation for damage caused as a result of the shortcomings of the goods, works and services
Автор: Davtyan-Davydova Darya Nikolaevna
Журнал: Legal Concept @legal-concept
Рубрика: Вопросы частноправового регулирования: история и современность
Статья в выпуске: 3 (32), 2016 года.
Бесплатный доступ
The article is devoted to the grounds precluding compensation for damage caused as a result of the shortcomings of the goods, works and services. The author uses legislator’s legal construction “exemption” leaving some ambiguity in the understanding of the nature of this institution. The article provides a brief analysis of the reasons precluding compensation for damage caused as a result of the shortcomings of the goods, works and services. The author also discloses “special” grounds for exemption of the seller or manufacturer of the goods, services or works from civil liability. The article deals with concepts such as “force majeure”, “reckless actions of the victim”, and substantiates the relevance of their research. The article presents the different scientific points of view, with respect to the question - how “violation of the rules of services benefits usage” should be characterized, since it is not clear about what results of services we imply, bearing in mind that any production material things are covered by the concept of “work”.
Consumer rights protection, grounds excluding compensation for damage, service, lack of goods, compensation for damage
Короткий адрес: https://sciup.org/14973693
IDR: 14973693 | DOI: 10.15688/jvolsu5.2016.3.14