Abstract
This article examines the theoretical and practical aspects of the application of the doctrine of “mitigation” (the creditor’s duty to mitigate losses) in English law, instruments of international private law unification, and the civil legislation of the Republic of Kazakhstan. The author analyzes the three core rules of mitigation developed in English case law, as well as the standards of reasonableness of the creditor’s conduct established in judicial practice. A comparative legal analysis is conducted of the incorporation of this doctrine in the model instruments of European contract law (DCFR, PECL, PICC) and in Article 364 of the Civil Code of the Republic of Kazakhstan. Particular attention is paid to issues of law enforcement: the inconsistency of Kazakhstani judicial practice, the absence of an official interpretation of the relevant provision, and the insufficient development of the mitigation mechanism in legal doctrine are identified. Based on the results of the study, the necessity of reforming Article 364 of the Civil Code of the Republic of Kazakhstan is substantiated in order to implement elements of the mitigation rule, including the recognition of the creditor’s right to recover reasonable expenses incurred in mitigating losses and the elimination of confusion between this doctrine and the concept of contributory fault.