| Abstract [eng] |
Civil Liability for Damage Caused by Animals Summary Court practice reveals that proper assessment of circumstances of damage caused by animals as well as evaluation of the level of liability of their owners is quite troublesome. The thesis is devoted to an analysis of legal doctrine, legal acts and jurisprudence on pre-conditions for application of civil liability for damage caused by animals in order to reveal problems that occur in practice. The thesis covers conceptual issues of tort liability, its functions and pre-conditions for its application in the context of damage caused by animals; peculiarities of tort liability for damage caused by wild animals in traffic accidents as well for damage to health and property of persons caused by domestic animals are revealed. Jurisprudence of the Lithuanian courts on damage caused by wild animals Liability for damage caused by animals is tort liability. Paragraph 4 of the article 6.245 of the Civil Code of the Republic of Lithuania defines tort liability as a pecuniary obligation which is not related with contractual relations, except in cases where it is established by laws that delictual liability shall also result from damage related with contractual relations. Civil liability for damage caused by animals is being regulated by Article 6.267 (Chapter XXII, third section) of the Civil Code of the Republic of Lithuania, the Law of the Republic of Lithuania on Wild Fauna, the Law of the Republic of Lithuania on the Care, Keeping and Use of Animals, Law of the Republic of Lithuania on Hunting as well as other laws and by-laws. Jurisprudence of the courts of the Republic of Lithuania as well as legal doctrine are also important for the analysis of the theme. The Civil Code of the Republic of Lithuania foresees the following pre-conditions of civil liability 1) unlawful actions (Article 6.246 of the Civil Code of the Republic of Lithuania); 2) damage and damages (Article 6.249 of the Civil Code of the Republic of Lithuania); 3) Causation (Article 6.247 of the Civil Code of the Republic of Lithuania); 4) fault (Article 6.248 of the Civil Code of the Republic of Lithuania). Jurisprudence of the Lithuanian courts on damage caused by wild animals in traffic accidents has substantially changed after the judgement of the Supreme Court of the Republic of Lithuania passed on March 24, 2009. For many years requirements to compensate damage caused by wild animals in traffic accidents used to be left unsatisfied. The aforementioned judgement of the Supreme Court of Lithuania has formed judicial practice that damage should be compensated in full. The judgement has been based on an analogy of law, i.e. on Article 6.267, paragraph 1 of the Civil Code of the Republic of Lithuania. A new version of the Law of the Republic of Lithuania on Wild Fauna has entered into effect on July 10, 2010. Article 22, paragraph 2, point 6 of the law establishes that damage caused in traffic accidents by wild animals that are a property of the state is to be compensated in cases when unlawful actions (inaction) and fault of the state as well as a causal link between them and are proved and the damage has not occurred due to force majeure, actions of the aggrieved party or other actions foreseen in Article 6.253 of the Civil Code. The damage is to be compensated following the order established by Article 6.253 of the Civil Code. Civil liability for damage to health and property of persons caused by domestic animals in being regulated by Paragraph 1, Article 6.267 of the Civil Code of the Republic of Lithuania, the Law of the Republic of Lithuania on the Care, Keeping and Use of Animals, the rules on keeping and use of domestic animals passed by municipalities of Lithuania, other laws and by-laws. |
