Causation as an Element of Civil Structure of Damages

Abstract

The article deals with the problem of causal nexus in the civil law. Based on analysis of respective regulations similar in their contents in both Russian and Belarusian civil law, the author comes to conclusion that casual nexus is both a condition of contractual liability and an element of civil structure of damages at the same time. Emphasizing the fact that neither legislation nor judicial enforcement require a researcher to make a strict separation between these aspects both in Belarus and Russia, the author argues that accentuation of one of the above aspects (namely, casual nexus as an element of civil structure of damages) does have its own significance.