| Abstract [eng] |
The essence of the civil liability is expressed by its goals. The paper deals with the functions of the civil liability, theirs constitutive elements, their manifestation in national and foreign countries doctrine and practise, problem issues. At the end of the research the author makes conclusion that the main functions of the civil liability is the compensation and the prevention though the last is of a secondary importance. The nature of the civil liability determines undisputable significance of the compensatory function in the loss indemnifying process. The essence of the compensatory function is expressing by the principle of the compensation of damages in full. To compensate damages in full – is return the aggrieved person in such property state that would be if there are not occurred damages. Together with above mentioned such principle means that from the person by whom the damage was caused can not be recover more than the aggrieved person has incurred losses because otherwise the aggrieved person shall be considered as in the position of the unjust enrichment. The author in the paper also describes how the compensatory function manifests itself in the Lithuanian legal system and which nature of such manifesting is mostly occurred in practise. In the paper is analysing and in the end is making by the author a conclusion that the principle of the compensation of damages in full cannot be absolute. The compensatory function fully cannot be expressed either in indemnifying non-pecuniary damage, in cases of the limited civil liability and when the necessity to apply the principles of justice, reasonableness and good faith is. The prevention manifests itself in two ways. First, if the violator known about imminent liability, he will make efforts in performing obligations, abiding laws. Second way is after applying sanction and indemnifying loss. Then the violator will make efforts not to break laws and contracts in the future. The second way is more effective tan the first. Besides, in the paper is investigated other case when the prevention is effective. Others functions of the civil liability is of lesser importance. The essence of punishment is to penalize the violator. Such function is not appropriate with the private law. However in common law system countries the punishment is recognized by awarding punitive damages. In the paper the authors seeks to find elements of punishment in the Lithuanian civil law. The goals like loss shifting (spreading) in broad sense and general deterrence in modern society take on more advantages, because allow to increase the effectiveness of the loss indemnifying process and to ensure better protection of victims’ rights. |
