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Art. 1083 of the Civil Code of the Russian Federation. Accounting for the guilt of the victim and property status of the person who caused the harm

In Art. 1083 of the Civil Code of the Russian Federation, conditions are provided under which the size is excluded or reduced damages to the victim. They suggest taking into account the guilt of the victim and the property condition of the subject whose actions caused damage. Further consider this article in detail. st 1083 gk rf

Art. 1083 GK

Paragraph one of the said norm states that damage that arose on the intent of the victim is not subject to compensation. P. 2, Art. 1083 of the Civil Code of the Russian Federation establishes that if gross negligence of the victim contributed to an increase in size or directly to the occurrence of harm, the amount of compensation is reduced. Moreover, the degree of guilt of the victim himself and the person who caused the damage matters. According to paragraph 3 of Art. 1083 of the Civil Code of the Russian Federation, the body considering the case, has the right to reduce the amount of damage caused by a person, taking into account his property condition. The exception is when the damage arose as a result of the intentional actions of the subject.

Additionally

Paragraph 2 of Art. 1083 of the Civil Code of the Russian Federation also establishes that with gross negligence of the victim and the absence of fault of the entity that caused the damage, in cases where the liability of the latter arises regardless of the presence of fault, the amount of compensation must be reduced or it may be refused. Legislation, however, provides for an exception. So, compensation cannot be refused in case of damage to the life / health of the subject. The fault of the victim is not taken into account when compensating for additional costs, damage associated with the death of the breadwinner, as well as the cost of burial. 2 tbsp 1083 gk rf

Art. 1083 of the Civil Code of the Russian Federation with comments

The occurrence of harm due to the intentional actions of the victim logically excludes the imposition of the obligation to compensate him to another subject. For example, if a person decides to commit suicide, throws himself under a train, there are no grounds for prosecuting the owner of the vehicle and imposing reimbursement to him. It should be noted that in civil law intent is not divided into direct and indirect. An action will be considered intentional if the subject understands that it is unlawful. The person is aware of the likelihood of adverse effects and desires this or does not care about them. When applying Art. 1083 of the Civil Code of the Russian Federation, the judicial practice assumes that the subject does not show any care and discretion. st 1083 rk rk with comments

The fault of the victim

In some cases, the occurrence of harm is caused not only by the actions of the causer, but also by the victim himself. For example, health damage was caused to a pedestrian who was crossing the road in the wrong place. In some cases, the fault of the victim increases the harm. The circumstances in which this occurs are, of course, taken into account in the norms. In such situations, wine is considered mixed. If available, the amount of compensation is subject to reduction. This is stated in para. 1 paragraph of the second art. 1083 of the Civil Code of the Russian Federation.

Manifestation of negligence

When applying the rule on reducing the amount of compensation, it is necessary to take into account several nuances. First of all, in accordance with Art. 1083 of the Civil Code of the Russian Federation, not all mixed wines can be taken into account, but only that which is expressed by the gross negligence on the part of the victim. In this case, the subject understands the unlawfulness of his own actions, but does not imply negative consequences. Accordingly, the person did not want their advance.However, with caution, the subject would be aware of the consequences and could prevent them. Carelessness can be simple or gross. In the latter case, there is a manifest indiscretion of the citizen. That it has legal significance in the application of the provisions of Art. 1083 of the Civil Code of the Russian Federation. The form of guilt of the person who caused the harm is not taken into account. In case of gross negligence of the victim, the amount of compensation shall be reduced. This is not a right, but an obligation of the judicial authority to hear the dispute. The article under review also provides that the amount of compensation is reduced in accordance with the degree of fault of the victim and the person who caused the damage. n 2 st 1083 gk rf

Special cases

In some situations, a citizen who has caused harm is obliged to compensate for it, even if the damage arose not through his fault. Such a rule, for example, applies to owners source of high danger. In the considered norm, it is established that the amount of compensation should be reduced or should be refused if:

  1. Damage has been caused and it has been established that the entity that caused it is liable regardless of its fault.
  2. The victim acted with gross negligence.
  3. In a specific situation, there is no fault of the perpetrator.

The decision on the refusal or reduction of the amount of compensation is carried out individually in each case, taking into account the relevant circumstances of the case. The commented norm also indicates an exception. In the event of damage to the life / health of the victim, compensation cannot be refused. However, in this case, the amount of compensation should be reduced subject to the above conditions. Article 1083 of the Civil Code of the Russian Federation

Additional expenses

The victim’s wine does not have legal value in the compensation of a certain category of costs. These include, in particular:

  1. Additional expenses. This may be the cost of prosthetics, treatment, care and so on.
  2. Burial expenses.

In addition, the victim's guilt will not be taken into account when imputing compensation for harm caused as a result of the death of the breadwinner. These rules indicate that the court cannot refuse to compensate or reduce its size, even if gross negligence of the injured person is revealed. Meanwhile, if the subject acted intentionally, then his guilt will be taken into account. Accordingly, the damage is not indemnified.

Property condition of the causer

In accordance with the general rule, the subject, as a result of the actions of which the harm arose, is obliged to provide its full compensation. However, taking into account a number of circumstances, the court may reduce its size. This is allowed if:

  1. The causer of damage is a citizen, not a legal entity.
  2. The property condition of the subject indicates that full compensation for the harm that has arisen will put him in an extremely difficult financial situation. n 3 st 1083 gk rf

One-sided commitment

In some cases, the considered norm is used upon presentation by the entities of counterclaims for damages. This is not consistent with legal provisions. The obligation provided for in the commented article is recognized as tort. It is always one-sided. If such an obligation arises, only one participant has the right to demand compensation for harm. He in this case is the victim. The causer of damage, respectively, acts as a debtor.


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