A feature by Gleb Sudarev, Junior Associate at Petrol Chilikov, titled “Reciprocity of Damage Causes and Conditions” published in issue 8/2021 of the journal, reviews a ruling of the Civil Cases Division of the Russian Supreme Court of the Russian Federation.
In the ruling in question, the Court considered the liability of the owner of a source of increased hazard for the withdrawal of such source from the owner’s possession due to unlawful acts by third parties. According to Sudarev, this ruling and several other decisions of supreme courts ease the causation requirements and allow tort liability to be imposed on the persons that created the conditions for damage inflicted on other persons.
The article also describes several approaches to determining the owner of a source of increased hazard, as that owner is treated as a liable party in terms of fault for the withdrawal of such source from the owner’s possession due to unlawful acts of third parties under Article 1079(2) of the Civil Code of the Russian Federation.
You may purchase and read the publication here.