| Abstract [eng] |
Since application of civil liability is a very sensitive area it is important to ensure the consensus of its application and the balance of interests of the aggrieved party and the person who is liable for damage. Liability without fault is a part of civil liability institute. The existence of liability without fault (strict liability) norms has always been negotiable since the application of civil liability on an innocent person is quite controversial and hard to justify morally. Therefore, the conception and the grounding of strict liability is introduced in the first part of the paper. Later in the paper the category of liability arising from a possession of a potentially hazardous object, which is provided in Article 6.270 of Civil code of the Republic of Lithuania, is being analysed. Since liability according to this Article is applied without fault it is very important to define the boundaries and particularity of its application. First of all, the principles of the definition of the unit of potentially hazardous objects are reviewed. This part is quite important since the boundaries of strict liability depend on the above mentioned principles. In case of the determination of potentially hazardous objects in legal acts the application of this kind of liability becomes clear. On the other hand, the legislator faces the risk to simply forget particular dangerous objects. When the development of the conception of potentially hazardous object is left for the case-law the application of the liability without fault might become unpredictable. Further in the paper the problems regarding the keeper of the potentially hazardous object, the conditions of liability and the basis of exemption form liability are developed. The main part of the paper consists of the analysis of the case-law of the Republic of Lithuania regarding the application of the liability without fault. Mostly, the case-law of Lithuanian Supreme Court as well as several judgments of Lithuanian Appeal Court are being analysed. The book concluded by B.A. Koch and H. Koziol is very valuable comparatively since it provides comprehensive information about the regulation and practice of strict liability category in different countries. |
