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Civil Liability Concept Transition in Post-Industrial Countries

In: Post-Industrial Society

Author

Listed:
  • Yuri Monastyrsky

    (Moscow State Institute of International Relations (MGIMO University))

Abstract

Liability is a key concept in civil law science. As society progressed, monetary penalizations turned into civil and criminal liability. Another method of legal protection became widely adopted—reimbursement of losses. The concept of “loss of profit” was also accepted into widespread professional use as an important component of damages. The Russian Civil Code provided for the development of this concept, which was defined as “future losses for the restoration of the violated right”. Unfortunately, at the present time, this application has not been widespread among litigants. Judges also fail to comprehend such a broad understanding of possible damages. The comparison between the traditional and modern concepts regarding this issue is reflected. For service producers in the post-industrial society, civil liability is of a much stricter nature. For instance, are forced to pay damages for a rightful unilateral avoidance of the contract, whereas the legal tradition prescribes payment for damages only if the party acted in breach of law. In the chapter, the author draws a conclusion on the increasing importance of indemnification of damages and their new role.

Suggested Citation

  • Yuri Monastyrsky, 2020. "Civil Liability Concept Transition in Post-Industrial Countries," Springer Books, in: Julia Kovalchuk (ed.), Post-Industrial Society, chapter 0, pages 149-159, Springer.
    • Handle: RePEc:spr:sprchp:978-3-030-59739-9_13
    DOI: 10.1007/978-3-030-59739-9_13
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