Civil legal significance of natural loss of goods, damage and destruction of things

Abstract

The author shows the natural loss, damage and destruction of things, and also describes period of transportability of goods. In the article, the author defines the possibilities of contractual regulation of division the risks of natural loss, damage and destruction of things between the parties. The author comes to the conclusion that the natural loss, damage and destruction of a thing are processes caused by the natural features of a thing or caused by an external influence on a thing, as a result of which the existence of a thing as an object of law disappears or its economic purpose changes. Based on the classification of legal facts, natural loss is an event that reduces the number of things, while maintaining their quality. The author defines property damage as a deterioration in the quality of things. Based on the theory of legal facts, damage can be the result of both natural factors or the result of illegal human actions. Its legal consequences depend on the causes of damage. The author considers the destruction of a thing as a complete loss of its useful properties. The expiration date in the article is defined as a scientifically and technologically determined period, after which the thing becomes unusable and may constitute a danger to life and health. It is concluded that based on the functional purpose of the expiration date, it is not subject to extension in respect of goods already put into circulation, and it is not allowed to reduce this period under the agreement.