On February 19, 2026, our firm hosted “Private Thursday,” organized by the Civil Law Club and dedicated to compensation for losses as a form of warranty obligation in Russian law.
The event brought together leading experts in civil law to discuss complex and controversial aspects of this institution, which raises many questions in practice.
Among other things, the following issues were addressed at the meeting:
Nature and relationship with other institutions
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Is compensation for losses a form of warranty obligation, or is it an independent institution?
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How does compensation for losses relate to representations and warranties and insurance?
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Can insurance provisions be applied by analogy to compensation for losses?
Recovery of losses
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Does the amount of compensation depend on the creditor's fault?
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Is it possible to apply the loss mitigation regime in insurance to loss compensation by analogy?
Assignment of rights
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Is it possible to assign a claim under a loss compensation agreement? What risks arise in this case?
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Do losses follow the object for which they are compensated?
Restrictions
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What are the limits of permissible risk redistribution?
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Is it possible to compensate for losses for unlawful risk?
Subject composition
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Is it possible to agree on Article 406.1 of the Civil Code of the Russian Federation in transactions between individuals (in addition to corporate transactions)?
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In what cases would this be justified?
The following individuals participated in the discussion: Anna Arkhipova, Sergey Budylin, Andrey Egorov, Alyona Kucher, Mikhail Tserkovnikov, and Alexander Yagelnitsky.
Based on the results of the discussion, it can be concluded that despite ten years of practical application, there are still many unresolved issues in the functioning of loss compensation, which necessitates further development of this institution in Russian law.
We thank all participants for their active discussion and look forward to seeing you at the next events of the Civil Law Club!
