Chukreev A.A. On the question of the grounds for contractual responsibility of a trustee

Abstract: This article is dedicated to the grounds for contractual responsibility of a trustee as one of the controversial issues within the doctrine of this legal institution. The subject of this research is the scientific concepts on the grounds for contractual responsibility of a trustee before the beneficiary or trustor, as well as the norms of the Civil Code of the Russian Federation that establish these grounds. Both, the normative acts that regulate the issues of fiduciary management, and court rulings are being reviewed. This responsibility represents a unique transitional form, which combines the elements of two types of responsibility: with and without infraction. The author makes a conclusion that the main flaw within the legal norms that establish these grounds for contractual responsibility of a trustee consists not in the definition of subjective conditions of implementing proper sanctions, but in the lack of the regulation of the responsibilities of a trustee and their due level of diligence.

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