The problem of recovery of compensation for reputational damage caused to legal entities

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To date, one of the most controversial and problematic issues arising in connection with the protection of the business reputation of legal entities is the admissibility of compensation for intangible (reputational) damage caused as a result of defamation. In the article we propose to analyze the content of this concept - "reputational harm", the norms of civil legislation regulating the use of such a new method of protecting the business reputation of organizations of various organizational forms as "compensation for non-material harm"are investigated. The practice of the constitutional Court of the Russian Federation is considered and compared with the practice of the European court of human rights. The position of the Supreme Court of the Russian Federation on the stated problem is considered. We make our proposals as to what circumstances should be established and proved in cases of compensation for non-material damage. Considered three criteria for the existence of the business reputation of a legal entity. The consequences of diminishing the business reputation of a legal entity are highlighted.

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Business reputation, legal entity, reputational harm, moral harm, intangible harm, protection

Короткий адрес: https://sciup.org/170185639

IDR: 170185639   |   DOI: 10.24411/2500-1000-2019-11727

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