On Some Issues of Judicial Practice on Termination of Obligations by Offset

Abstract

This article discusses a number of topical issues related to such a way of termination of obligations as offset. These issues are considered in connection with the analysis of correspondent court practice the resolution of the Plenum of the Supreme Court of the Russian Federation No. 6 "Upon some questions of application of norms of Civil Code of Russian Federation upon termination of obligations" dated June 11, 2020. In particular, the issue of conditions of offset, moment of offset, etc. The work uses general scientific and special research methods, including the method of analysis and synthesis, generalization, formal-logical, systematic, comparative, etc. As a result of the analysis carried out in the work, it was concluded that there are sufficient grounds for applying, on the basis of existing legislation and materials of judicial practice, the presumption of causing moral harm to the victim in the event of any violation of his rights. Regarding the possibility of singular and universal succession with respect to the claim for compensation for moral damage, it is concluded that such succession is possible not only in relation to compensation for moral damage established by a court decision that has entered into force, but also by an out-of-court agreement on compensation for moral damage caused to the victim.