| Abstract [eng] |
Summary This paper describes and analysis application of civil liability for the personal injuries suffered in case - aw of the Republic of Lithuania. The issue is considered in different aspects. The first section of the paper investigates the possibility of contractual liability for personal injuries. The author believes the liability for damaged personal health should be of tortious character. Investigation is also carried out as to the role of civil liability in the complex of damage compensation systems, and it is contemplated on the most effective manner to use in case of personal injury, whether civil liability or other systems. The second section of the paper investigates the way the Supreme Court of Lithuania and other courts construe the conditions specified by laws regarding civil liability for personal injury, position taken by court is further compared to the doctrine, and most relevant cases to the topic in question are analysed, followed by personal position taken by the author on that taken by courts and the opinio juris. The key function of civil liability is to compensate, meaning, that individual liable for damage, shall be obliged to compensate the same so that the injured party take the position he / she enjoyed prior to the damage incurred (Latin, restitutio in integrum). No doubt, restitutio in integrum will, in certain cases of personal injury, be impossible due to objective circumstances, as it is not always possible to restore the damaged health to the level prior to personal injury. Considerable attention is given to the issue of compensation of non - pecuniary damage, as it still is a comparatively new matter in Lithuanian legal system, though it is likely that on the long run, the number of cases where non - pecuniary damage is awarded will increase, and so will the amounts awarded. The third section of the master’s paper is dedicated to special instances in civil laws, i.e. professional liability and liability without fault. The author believes the key aspects of these issues include doctors’ professional liability and that of owners of increased risk source, as these are just the subjects who are mostly liable for personal injury and the application of the cases in aspect in question comes rather often in the case - law. |
