Civil law. Part II. Features of compensation for harm caused to the life or health of a citizen, and harm caused by defects in goods, works or services (the most important)

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Civil law. Part II. Features of compensation for harm caused to the life or health of a citizen, and harm caused by defects in goods, works or services (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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105. FEATURES OF COMPENSATION FOR HARM CAUSED TO THE LIFE OR HEALTH OF A CITIZEN, AND HARM CAUSED BY DEFICIENCY OF GOODS, WORKS OR SERVICES

Features of compensation for harm to life and health:

a) in the performance of contractual obligations, the performance of duties of military service or police service, compensation for harm to life or health is carried out according to the rules of Ch. 59 of the Civil Code, unless the law or the contract provides for a higher amount of liability;

b) damage to health is compensated by the lost earnings of the injured, as well as compensation for additional expenses incurred in connection with this (prosthetics, sanatorium treatment, etc.);

at) pensions and allowances are not counted towards compensation for harm; the amount of compensation for harm may be increased by law or contract;

d) the amount of compensation for lost earnings is determined as a percentage of the average monthly. earnings before injury. The composition of the lost earnings includes all types of remuneration of the victim for labor and for gr. - legal contracts in amounts accrued before taxes. The average monthly earnings are calculated by dividing the total amount of the victim's earnings for 12 months. work prior to the damage to health, by 12. Damage to the health of a minor (under 14 years of age) is compensated for by compensation for the costs incurred for its restoration. Minors who have lost their ability to work as a result of harm are also compensated for their loss in the amount based on the subsistence minimum in the Russian Federation;

d) persons entitled to compensation for harm in connection with the death of the breadwinner, the harm is compensated in the amount of that share of the earnings of the deceased, cat. they received during his lifetime. The amount of compensation is not subject to further recalculation, except for the cases specified in the law. The amount of compensation may be increased by law or contract. Burial expenses are reimbursed by the person responsible for the damage to the person who incurred these expenses, cat. is an independent benefit;

f) compensation for harm caused to life or health is made monthly and is subject to indexation.

Features of compensation for damage caused by defects in goods, works or services:

a) subject to compensation by the seller or manufacturer (at the choice of the victim), the person who performed the work (service), regardless of his fault and whether the victim was in a contractual relationship with him or not. Damage caused due to unreliable, insufficient information, as well as in case of failure to provide the latter about the work (service) to the customer, is subject to compensation by the performer of the work (service);

b) decree. the rules apply only in cases of the acquisition of goods and the performance of work (services) in the consumer. purposes;

at) damage is subject to compensation only if it occurred during the established shelf life or service life of the goods or work (service), and if they are not established - within 10 years from the date of production of the goods (service);

d) the seller (manufacturer) of the goods and the performer of the work (service) shall be released from liability if he proves that the harm was caused by force majeure or violation by the consumer of the rules for using or storing the goods or the result of the work (service).

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