Compelling Circumstances as a Basis of Liability of the Power Supply Organization on the Principle of Guilt

Abstract

In the article, the authors distinguish between “force majeure” and “force majeure” caused by an obstacle beyond human control and having an objective character. Special attention is paid to the failure of the voltage of electric energy as an insurmountable circumstance. The correlation of the concept of “break in the supply of energy” with the concept of “voltage dips” is shown. It is proved that the voltage dips in the supply of electric energy are random and unpredictable events, the occurrence of which can not be completely avoided. On the basis of the conducted research the conclusion is made: the insurmountability of other uncontrollable circumstances is not an unconditional basis for the release of the power supply organization from responsibility. It is offered: to establish responsibility of the power supplying organization for failures (differences) of tension, in the presence of fault, by introduction of additions in point 2 of article 547 of the Civil code of the Russian Federation.