Revisiting the Real Scope of the Obligation to Compensate for Harm to Health: The Way to Individualization of Tort Liability?

The paper is devoted to the problem of determining real scope tort liability for harm caused health in context mutual influence relevant legal design and alternative compensation forms, as well an attempt reconsider detected imbalances from standpoint existing, traditional innovative theoretical concepts. It established that modern legislation practice leads inconsistent use recourse quasi-recourse rights claims purpose holding liable a direct causer physical (or) expanding such liability, which requires justification conceptual principles adopted approach, allowing narrow all cases this kind single system. noted relations concerning provide extensive ground discussing individualizing educational preventive not related means protecting violated right moral harm, by conditional nature list losses costs provided paragraph 1 Article 1085 Civil Code Russian Federation, existence ways assess implemented special types insurance lack unified system consequences causing damage other factors. author proposes mechanism objectification norms civil law corresponding doctrinal decision applicable combination with current regulation compensation, constructions third parties regardless fault. Implementation proposal also departure restrictive method amount be compensated based on social security make necessary amendments Section 2 Chapter 59 Federation.