As far as recovery of the lost profit is concerned, especially the issues of determining its amount and finding out causal relationship between the infringement and the damages, the case law is contradictory and unstable. Regardless of amendments to Article 393 of the Civil Code of the RF and its interpretation provided by the Supreme Court of the RF, aimed at facilitation of the lost profit recovery, certain courts still raise unreasonably high the standard of proof of the claimant’s non-earned income and calculation of its amount. The article presents an analysis of recent years’ case law, which reflects the new approach to the lost profit recovery as well as previously traditional judges’ position on this type of disputes. The authors come to a conclusion that requirement of absolute credibility in proving the lost profit neither complies with the official Supreme Court’s position nor contributes to stability of the civil commerce.
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