| Abstract [eng] |
The Civil Code of the Republic of Lithuania (hereafter – CC), Principles of European Tort Law (hereafter – PETL) and DCFR includes provisions regulating tort law. CC is statute law, its rules are compulsory. PETL and DCFR are soft law. Despite this, Lithuanian courts refer to PETL. PETL and DCFR are also significant in expanding the knowledge of tort law. Wrongfulness in CC is understood according to the French tort law tradition, i. e. wrongfulness is law-related. Wrongfulness in PETL is defined as it is in countries following the German tort law tradition. PETL also indicates certain criteria that are considered when deciding whether the interest is legally prohibited. DCFR follows the English tort law tradition and provides for particular delicts, but courts are allowed to state that a particular right or an interest is prohibited according to certain criteria that are enacted in DCFR. Fault in CC is defined as a violation of a standard of conduct. Fault is presumed and it is objective according to CC. PETL provides for the same definition of fault and indicates certain criteria of fault, but it is not presumed according to PETL. PETL also includes a general norm of strict liability and regulates vicarious liability which includes cases where the fault of a person who has to compensate the damage is considered. DCFR defines two forms of objective fault (intention and negligence). DCFR does not distinguish between strict liability and vicarious liability. CC, PETL and DCFR provide for a flexible conception of causation and acknowledge a two-step approach of causation. CC and PETL accept solidary liability when the damage has been caused by several debtors who acted together; otherwise, liability is proportional. DCFR only accepts solidary liability in co-debtors cases. CK acknowledges pecuniary and non-pecuniary damage. Pecuniary damage is categorized into personal injury and property damage. PETL also acknowledges pecuniary and non-pecuniary damage, but pecuniary damage is categorized into personal injury, death cases and property damage. Although DCFR acknowledges pecuniary and non-pecuniary damage, but this categorization is not significant in the document. All documents provide for certain rules regulating damage. DCFR is the most detailed and modern in such cases. |
