| Abstract [eng] |
Lost profit is a sort of damage recognized in Lithuania which ensures the guarantee of the constitutional individual‘s right for the award of damage. Despite the fact that in the Lithuanian legal acts this sort of damage is called „lost proceeds“ (direct translation from lithuanian), in this graduation dissertation it is suggested to change this concept to „lost profit“ as it is called in international legal acts. The person who prosecutes a claim for the lost profit has to keep in mind that the court which examines the issue will consider these circumstances: whether the profit were predicted in advance, whether this prediction was reasonable during normal operations and whether the profit was lost as a result of unlawful actions. The prediction is based not only on diligent duty performing but also on good faith and co-operation because while considering the opportunity of the damages award both the debtor‘s and the aggrieved part‘s actions are important. It is also relevant for considering the causation: in case if debtor‘s actions were not the reason of the lost profit or the lost profit was conditioned by both parties actions, these events might be a ground for non-application of civil liability or completely or in part release form civil liability as it is regulated in the Article 6.253 of the civil code of the Republic of Lithuania. It should be noted that for the lost profit is applicable ius impossibilitum est non iuris (law provides only possible in reality things) rule: the damage which has incurred must be justified on real, proven and necessary proceeds which would be received if any interests of the aggrieved party were not offended. According to the established case law of the Republic of Lithuania not all the benefit the aggrieved were supposed to get but only the amount that would increased the aggrieved person‘s property, i. e. only disposable income derived from the proceeds after deduction of necessary expenses, is recognized as the lost profit. |
