Tort law at Russia
Tort law in the Russian Federation is primarily governed by the Civil Code of the Russian Federation (CC RF), which outlines the principles of civil liability for damages arising from unlawful acts.
⚖️ General Principles of Tort Liability
Under Article 1064 of the Civil Code, a person who causes harm to another's life, health, or property is obligated to compensate for the damage, unless they can prove that the harm was caused by circumstances excluding their liability. This establishes a general fault-based liability framework.
🧭 Key Features of Russian Tort Law
Russian tort law is characterized by two distinctive features:
Reversal of the Burden of Proof: In certain cases, the burden of proof regarding fault may shift to the defendant. This means that the defendant must prove that they were not at fault for the harm caused.
General Clause of Strict Liability: Russian law includes provisions for strict liability, where a person may be held liable for damages regardless of fault, particularly in cases involving hazardous activities or ownership of dangerous objects.
💰 Types of Recoverable Damages
The Civil Code allows for the recovery of:
Actual Losses (Damnum Emergens): The direct loss suffered by the claimant.
Lost Profit (Lucrum Cessans): The benefit the claimant could have reasonably expected under normal circumstances.
Moral Harm: Compensation for non-pecuniary damage, such as emotional distress or damage to reputation.
These categories ensure comprehensive compensation for both material and non-material harm.
⏳ Statute of Limitations
The statute of limitations for tort claims in Russia is generally three years from the date the claimant became aware of the damage and the identity of the responsible party. However, claims become time-barred after ten years from the date the damage occurred.
🧑⚖️ Vicarious Liability
Under Article 1068 of the Civil Code, an employer is liable for damages caused by the actions of its employees during the course of employment. This principle extends to legal entities, holding them accountable for the actions of their representatives.
🏥 Medical Liability
Medical professionals in Russia are subject to civil liability for malpractice. Victims can seek compensation for damages resulting from medical errors, provided they can establish the elements of tort liability, including fault and causation.
🐾 Animal and Environmental Liability
Under Article 1079 of the Civil Code, the owner of an animal is strictly liable for damages caused by the animal, even if it escapes from their care. Additionally, individuals or entities causing environmental harm may be held liable for damages resulting from violations of environmental protection laws.
🌍 International Elements in Tort Law
For torts with a foreign element, the applicable law is generally determined by the law of the country in which the liable party acted. However, parties may choose a different law to govern the tort, provided this choice does not affect the rights of third parties and is made after the occurrence of the tort.
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