Davtyan-Davydova D.N. Grounds for Excluding Compensation for Damage Caused as a Result of the Shortcomings of the Goods, Works and Services

DOI: https://doi.org/10.15688/jvolsu5.2016.3.14

Darya Nikolaevna Davtyan-Davydova
Assistant Professor, Department of Civil and International Private Law,
Volgograd State University, Base Department of the Southern Scientific Center
of the Russian Academy of Sciences
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Abstract. 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”.

Key words: consumer rights protection, grounds excluding compensation for damage, service, lack of goods, compensation for damage.

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