On the Issue of Attributing Usable Remnants of a Wheeled Vehicles to Unjustly Acquired or Saved Property (Unjust Enrichment)
https://doi.org/10.30764/1819-2785-2023-3-104-109
Abstract
The article discusses the topic of fullness of compensation for the real damage in the case of the “total loss” of wheeled vehicles. At present, when considering tort disputes, the courts often reduce the amount of damage by the value of the “usable remnants” if the vehicle was significantly damaged. The authors believe that such a reduction often leads to a situation where a certain amount of damage is insufficient to restore the violated rights of car owners, since the amount of compensation in such cases is not enough to do up the vehicle or purchase a vehicle similar to the “destroyed” one. The article presents a technical perspective on the problem.
About the Authors
I. N. Novoseletskii
The Russian Federal Centre of Forensic Science of the Ministry of Justice of the Russian Federation
Russian Federation
Russian Federation
Novoseletskii Igor’ Nikolaevich – Chief Researcher of the Department of Scientific and Support for the Conduct of Examinations
Moscow 109028
S. V. Fedotov
The Russian Federal Centre of Forensic Science of the Ministry of Justice of the Russian Federation
Russian Federation
Russian Federation
Fedotov Sergei Viktorovich – Head of the Department of Forensic Vehicle Commodity Examinations
Moscow 109028
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Review
For citations:
Novoseletskii I.N., Fedotov S.V. On the Issue of Attributing Usable Remnants of a Wheeled Vehicles to Unjustly Acquired or Saved Property (Unjust Enrichment). Theory and Practice of Forensic Science. 2023;18(3):104–109. (In Russ.) https://doi.org/10.30764/1819-2785-2023-3-104-109
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