Cases

The procedural interpretation of damage

The litigation, whose subject matter were the damages for the improper completion of the promissory note – incompliantly with the promissory note clause, unexpectedly engendered a new legal dilemma.
In accordance with the large body of theoretical literature the damage may take two forms: loss, as a result of the detrimental occurrence (damnum emergens) and unobtained benefits (lucrum cessans). The actual loss may decrease the assets of the aggrieved party, or increase his liabilities. That is how we have interpreted the damage so far.
As it has turned out, the procedural construction of damage deviated from the meaning which was well-established by the doctrine of law. As far as the settlement is concerned, from the hearsay we have learnt that the increase of liabilities may not be defined as the loss. Thus, maybe in the instant case, the emphasis is placed upon the procedural meaning of the loss.
Therefore we look forward to the justification of the judgment with eager anticipation.

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