| Abstract [eng] |
Interaction issue of illicitness and culpability, as conditions of civil amenability, is pertinent to both Lithuanian and foreign civil law. Definitions of illicitness and culpability as set forth in Lithuanian civil code combined with the side-by-side existence of both presumption of honesty and conscience and presumption of culpability allows further identification of the above mentioned conditions of civil amenability. In her research study, author analyses interrelation of illicitness and culpability, as conditions of civil amenability, and examines main differences between these two notions. The descriptive part of this research study is dedicated to examination of important concepts and analysis of factors and phenomena. Furthermore, this research study provides definition and content analysis of the aforementioned conditions of civil amenability. During analysis of concept of culpability, subjective and objective perceptions of culpability are appraised, positive argumentation of objective explanation of culpability in the context of civil law is provided. In the course of the research of separate concepts, clauses and provisions of the civil law internationally are cross-referenced and examined. Questions are raised with regard to co-existence issue of presumption of culpability, as set forth in civil law, and universally recognized presumption of innocence. While evaluating the interaction of presumption of conscience and presumption of culpability, examination is performed on how do illicitness and culpability, as conditions of civil amenability interrelate. In her research study, author analyses the identification problem of the above-mentioned conditions of civil amenability and explains main differences between these two notions. Reasons, which are made the subject of the thorough analysis in this research study, stipulate the author’s opinion that the notion of illicitness actually encompasses the definition of culpability. The main conclusions are being drawn from considering bonus et diligence pater familias conduct in the aspects of illicitness and culpability. Illicitness is evaluated as responsibility and duty of acting conscientiously, honestly, in a circumspect manner and without carelessness meanwhile culpability is viewed as opportunity to act in accordance with the bonus pater familias conduct model. Illicitness is defined as objective non-conscientiousness in a broad sense while culpability is defined as objective non-conscientiousness in a narrow sense, accordingly. |
