The article considers the concept of “indemnity” that is rather new to national civil law. The analogy of this concept that was borrowed from the foreign law system is reflected in the article 4061 of the Civil Code of the Russian Federation “Compensation of losses which occur due the circumstances stated in the contract”. In particular, the given Article of the Code establishes that the parties to the obligations acting jointly as members of the business activities may through their mutual agreement provide for the obligation of one party to compensate for material losses of the other party which were caused by the circumstances listed in the contract, but unrelated to violation of obligations by the party (losses caused by impossibility of fulfilment of obligations, submission of claims by third parties or bodies of state power against a party or third party which was indicated in the contract, etc.). The agreement between the parties shall determine the amount of losses to be compensated for as well as the procedure for such calculation and compensation. The author concludes that the notion “indemnity” and compensation of losses which are not associated with the violations of obligations, should not be confused since they are not identical legal factors.
indemnity, obligation, business relations.
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