| Abstract [eng] |
Indirect damage Summary Global development of civil law has greatly modified the understanding of indirect damage and its regulation in national legal systems since Roman law times. The content of the obligation has become economic and, consequently, the creditor’s call has been attached to the debtor’s property. The understanding of the creditor’s interest has changed as well and this led to a principle of full damage refund, which is also applied in the case of indirect damage. Refund of indirect damage is a civil sanction which aims at restoration of the circumstances that would have appeared in the case when indirect damage had not been done. In other words, the main function of indirect damage is restitutio in integrum (full restitution). The understanding and legal regulations of indirect damage in Lithuania conforms with the doctrine and global civil law development. Lithuania follows the legal traditions of continental law countries. In Lithuania indirect damage is understood as not received income which would have been received if a debtor had not performed the illegal actions. Not received income appears as a result of a direct damage and has to satisfy the criteria of sufficient probability. Indirect damage is a form of civil liability as well as one of the conditions for the civil liability to appear and it basically performs the compensatory function. Indirect damage is distinguished from the other forms of damage by its object, violated interest of the creditor and the relation between an illegal action and damage as its consequence. Indirect damage is always material although it can also emerge as the result of a non-material damage. The major problems in considering legal regulations and practice in Lithuania emerge from the courts’ misinterpretation and failure to interpret (in terms of broadening and narrowing) and apply the legal norms, regulating the notion and refund of indirect damage. Moreover, it must be stated that in some areas, such as damage to health or damage emerging from damage to property, the main principles and functions of indirect damage fail to be carried out in Lithuania. |
