|PDF:||Author(s):||Konoplyannikova T. V.,|
|Number of journal:||3(60)||Date:||August 2022|
The institution of non-contractual liability, enshrined in the Civil Code of the Russian Federation, has long been known to the Russian legal system. The sphere of consumer rights protection also has a long history since the emergence of direct regulatory consolidation of the foundations of data protection. The significance of this area is that due to the dishonesty of sellers and those entities that implement the process of selling, creating and selling goods, works and services, the rights and interests of the consumer are violated. The study of the institution of non-contractual liability leads to the existing legislative gaps in the implementation of legal norms. One of the topical and controversial is the question of the possibility of applying the rules of competition of claims by the injured consumer, in case of violation of contractual legal relations. The paper attempts to show the relationship between contractual and tort liability, i.e. when a tort also arises as a result of a breach of a contractual relationship. An understanding of the competition of contractual and tort claims is presented, some problems of recognizing and denying the competition of claims that can be put forward by the consumer in a contractual and (or) non-contractual manner are highlighted. As part of the study, the consumer’s ability to protect his rights in the event of the sale of a product, work or service of inadequate quality to him, applying the rules on competition of contractual and tort claims, is considered. The issue of the occurrence of tort liability in contractual legal relations, i.e. when a tort arises in the breach of obligations of a contractual legal relationship is considered. The study of the topic involved the use of various methods: analysis, synthesis, as well as the logical method.
tort liability, contractual liability, compensation for harm, tort, competition of claims, consumer, protection of rights, shortcomings, legal relationship, harm, contract, product, work, service
Konoplyannikova T. V. Some reflections on tort liability in the framework of a contractual relationship. Business. Education. Law, 2022, no. 3, pp. 252—256. DOI: 10.25683/VOLBI.2022.60.346.