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Davtyan-Davydova D.N. The Subjects of the Obligation of Reparation of Damage Caused by Defects of Goods, Works and Services

DOI: https://doi.org/10.15688/lc.jvolsu.2018.1.7

Darya N. Davtyan-Davydova, Senior Lecturer, Department of Civil and International Private Law, Volgograd State University, Base Department of the Southern Scientific Center of the Russian Academy of Sciences, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.


Introduction: the article is devoted to the identification of problems related to the constituent entities in the obligation to compensate for harm caused by the shortcomings of goods, works and services. Which generally follows from the provisions of paragraph 3 of Chapter 59 of the Civil code of the Russian Federation. Thus on the one hand the subject structure in a certain way depends on another, civil legal relationship preceding it; on the other quite possible discrepancy of a circle of participants of the initial civil legal relationship and the special tort obligation. The purpose of the study is to identify the subject composition of the obligation to compensate for harm caused by the shortcomings of goods, works and services. Applied in the aggregate methods of scientific knowledge, among which the main – methods of induction, deduction, analysis and comparative method. Results: as a rule, the parties to the obligation to compensate are the cause of harm and the victim. However, with regard to the obligation arising from the injury caused by defects in goods, works and services, this constituent entity has some fundamental features.
Summary: the existence of a contractual relationship remains a prerequisite for the creation of an obligation. The obligation to compensate is constructed here in such a way that the debtor may be the manufacturer of the goods not bound by contractual obligations with the buyer, and the creditor may be the person who uses the goods but does not acquire them. Special kind of interaction of such subjects of the considered tort obligation as the producer and the seller (in case of causing harm owing to shortcomings of goods), nevertheless does not give the bases to qualify it on model of the obligation with plurality of persons, at least for the reason that any uniform obligation General for both these persons, in this case is absent, and there is only legally fixed alternative in the form of a potential opportunity for the injured party independently to define to whom to address the claims.

Key words: obligation, the consumer, the goods, work or service, buyer, seller, debtor, creditor, delicate undertaking, harm, a civil relationship, defects, damages, contractual obligations.

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