| Abstract [eng] |
Responsibility of the Head of a Legal Person This master thesis provides analysis of the peculiarities of the liability of the head of a legal person, by paying special attention to the jurisprudence of the Court of Cassation, to the prevailing opinions of scholars in the doctrine of law and also to the legislation governing the liability of the head of a legal person. The object of the work is examined through the prism of the dual status of the head of a legal person: in reviewing responsibilities, the head of a legal entity is assessed from two perspectives - the manager as an employee and the manager as a management body. The thesis analyzes a broad understanding of the category of a manager of a legal entity, which sets the boundaries where the later concept will be used in the context of this work. Analyzing the object of the paper, it is shown that the head of a legal entity can be the subject of different types of responsibilities. The paper reviews the changes in the legal regulation of the status of the head of a legal entity, that allows to conclude, that the head of a legal person can be assessed in two ways - as an employee and as a management body, with the following peculiarities of legal responsibility. Therefore, the head of a legal person is analyzed as a subject of liability under labour law, assessing the peculiarities of the applicable conditions of this liability. Attention is also paid to the head of a legal person as a subject of civil liability, therefore the conditions of civil liability are analyzed. The conditions of the types of liability are assessed from a practical point of view, based on the rules of legal interpretation formed by the Supreme Court of Lithuania. Finally, the jurisprudence of the Court of Cassation is assessed from the aspect of delimitation the civil and labour law liability, the paper reviews the changes in the practice formed by the courts in the context of this issue. |
