Period of Limitations for Moral Damage

In Russian law, by virtue of the interpretation of paragraph 2 of Article 208 of the Civil Code, the statute of limitations does not apply to claims for compensation for moral damage in case of violation of personal non-property rights. The author examines the predecessor rules and notes that a rule similar to the current paragraph 2 of Article 208 appeared in the 1960s codifications, which did not know the institution of compensation for moral damage. Then, this rule was transferred with some changes to the 1990s codifications, which introduced such compensation. The author questions whether the introduction of a rule very close to that of the 1960s codifications meants that the statute of limitations did not apply to claims for compensation for moral damage. The author questions the arguments put forward in favor of not applying the statute of limitations to such claims, and draws attention to the negative consequences of its non-application.

Authors

Publication Details

Journal
Zakon
Published
2025-05-01
DOI
https://doi.org/10.37239/0869-4400-2025-22-5-18-27
Primary Topic
War, Ethics, and Justification
Type
article
Field-Weighted Citation Impact
0.00
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article

Period of Limitations for Moral Damage

Alexander A. Yagelnitskiy
Zakon
War, Ethics, and Justification
article

Period of Limitations for Moral Damage

Alexander A. Yagelnitskiy
article en

Abstract

In Russian law, by virtue of the interpretation of paragraph 2 of Article 208 of the Civil Code, the statute of limitations does not apply to claims for compensation for moral damage in case of violation of personal non-property rights. The author examines the predecessor rules and notes that a rule similar to the current paragraph 2 of Article 208 appeared in the 1960s codifications, which did not know the institution of compensation for moral damage. Then, this rule was transferred with some changes to the 1990s codifications, which introduced such compensation. The author questions whether the introduction of a rule very close to that of the 1960s codifications meants that the statute of limitations did not apply to claims for compensation for moral damage. The author questions the arguments put forward in favor of not applying the statute of limitations to such claims, and draws attention to the negative consequences of its non-application.

ZakonVol. 22(5)
Openalex Percentile: Top 87%
War, Ethics, and Justification
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Period of Limitations for Moral Damage — Alexander A. Yagelnitskiy · Zakon (2025) | TGRS Research Map | TGRS