LawRegulatory Compliance

Responsibility for violation of obligations and compensation for damages

The notion of "liability for breach of obligations" implies compensation for losses due to non-performance of obligations arising from a contract signed by two parties to the transaction. Anyone who violated the terms and did not fulfill the obligations under the contract is obliged to compensate the losses incurred by the injured party. The main condition is compensation of direct losses. Indirect losses are not reimbursed.

The fact of violations must be proven so that responsibility for violation of obligations arises. Such facts can be:

  • Retention of other people's means.
  • Non-return of money and other funds and evasion of return.
  • Delay in payment of debts.
  • If the creditor's funds are not returned.
  • Performance of obligations under the contract of the wrong quality or not fulfilled obligations.

Indemnification of losses

What is meant by losses? Loss of certain benefits or direct losses due to unfulfilled contract terms.

The injured party is the one who spent and as a result received the expenses, or his rights were violated with subsequent losses, as a result of which real damage occurred or the opportunity to receive income was lost. The calculation of losses often depends on the prices for which they are counted: on the day of the occurrence or the day of the victim's appeal to the court.

Losses are compensated in full - this principle in disputes may be limited. In accordance with the law, liability for breach of contractual obligations may be limited. For example, there is no compensation for lost profits from the electricity supply contract. Only if this is stipulated by the contract, the lost profit can be compensated.

Penalty and compensation for damages caused are liability measures, but if the forfeit was paid, then it is included in the final determination of damages. Responsibility for violation of obligations can provide only one punishment. There are other types of penalties that can be recovered:

  • Exclusive;
  • Penalty;
  • Alternative.

If the debtor did not begin to fulfill the terms of the contract and took no action, then in kind it should not return anything. Failure to comply with the terms of the contract does not relieve the responsibility of the guilty party when the damage occurs due to negligence or intent.

If someone instead of the other receives money and will use them, he must also reimburse the losses incurred together with the bank interest. Interest on the use of funds will be credited to the total amount of damages.

The proof of the absence of guilt lies with the party accused of non-performance of the contract. If it is proved that all measures were taken, caution and caution was present in all actions, then a person can be found innocent.

Responsibility of entrepreneurs for failure to fulfill the contract

For entrepreneurs, the law establishes a more strict liability for breach of obligations. All violations in the performance of contracts are subject to unconditional refund. The only evidence of a lack of guilt that can be taken into account is the circumstances of force majeure. Such circumstances can not be considered the absence of necessary goods or a sufficient amount of money. Participants in a dispute can not reach an agreement by law to eliminate or limit liability for breach of obligations. In other words, if the trial has started, it will not be possible to reach a peaceful settlement.

Parties can agree on what prices will be taken in order to compensate for losses. The court can independently determine the procedure for determining damages, and rules can also be applied in accordance with other laws or acts. In addition, a bank interest may be charged for the use of money in the event that their return was not made on time or was intentionally held by the guilty party.

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