AN ACTION FROM CONTRACT OR TORT REGARDING WARRANTIES AND REPRESENTATIONS: WHICH LEGAL SYSTEM HAS THE BEST REGULATION IN RESPECT TO THE USA, GERMANY AND RUSSIA

Bikbaev Ruslan

This article examines the system of responsibility within the institution of warranties and representations in the law of the United States of America, the Federal Republic of Germany and the Russian Federation. The article provides a general analysis of contractual and tort liability in these jurisdictions, as well as a more detailed comparison on the example of the selected institution. Thus, depending on the jurisdiction, liability (tort or contractual) may differ for the commission of the same acts, which, of course, has a number of consequences when bringing the causer of harm to justice, as well as when proving the harm itself. It also analyzes a fairly young institution in the law of Russia, is considered in comparison with the legal systems that have developed over the years. In conclusion, general recommendations are given for improving responsibility within the framework of the institution of assurance about circumstances in the Russian Federation.

Keywords:warranties and representations, tort liability, contractual liability, Russian Federation, USA, Germany