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Strict civil legal liability in civil law of the Russian Federation on the example of responsibility for inflicted moral distress
Author(s) -
Шлеинов Артемий Александрович
Publication year - 2020
Publication title -
ûridičeskie issledovaniâ
Language(s) - English
Resource type - Journals
ISSN - 2409-7136
DOI - 10.25136/2409-7136.2020.3.32595
Subject(s) - law , legal liability , civil law (civil law) , political science , delict , strict liability , private law , public law , liability , black letter law
The subject of this research is the examination of such civil law institution of the Russian Federation as the “no-fault liability”. Since the question of strict liability in the current doctrine of civil law is quite critical, the author views this problem through the prism of one of the paramount means of protection of the subjective civil law, namely through the prism of responsibility for inflicted moral distress, tracing its evolution throughout the entire history and considering the legislation and case law. The novelty consists in indicating the possibility of bringing to strict civil legal liability for inflicting moral distress. The author demonstrates the presence of strict legal liability within the civil law of the Russian Federation on the example of current Russian legislation. The article provides the doctrinal and legislative examples that prove this point of view. The novelty also consists in determination of presence of the principle of “strict liability: in the Russian civil law, as well as modeling of situations that this principle could be implemented in. The research results are valuable for future development of the Russian legal doctrine and case law.

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