| Abstract [eng] |
The Master's thesis analyses the issues related to the application of civil liability of property valuators as manifested in the practice of the Lithuanian Court of Appeal. In order to identify the existing problems and to propose criteria for the examination of identical cases, the thesis begins with an analysis of the profession of property appraisers, examining the features of the regulated professions, the professional requirements for property appraisers, and the specifics of the application of professional civil liability. The application of contractual and tortious civil liability in the professional activities of property valuers is then analyzed. After examining the specifics of the profession of property valuers, a detailed analysis of the institution of causation is carried out, identifying the theories of causation used in case law, the stages of causation, and the tests used in them. The detailed analysis of the profession of property valuers and the institute of causation examines the faulty practice of the Court of Appeal of Lithuania, which, by failing to take into account the specific nature of the profession of property valuers and by wrongfully selecting the conditio sine qua non test for the establishment of an actual causal relation, wrongly eliminates the liability of the property valuer in situations of objective joint liability. The application of the subjective and objective criteria is proposed as a solution to the problem by discussing the content of these criteria. The issue of applying joint and several liability in situations of multiple causation is also briefly discussed. |
