| Abstract [eng] |
The master thesis analysis damage as a condition of civil liability: the topic of problematic aspects, examining both significant legal acts, both the interpretations given by the Supreme Court of Lithuania in its case law, both the conclusions formulated in scientific works. The purpose of the compensation institute is of full indemnity, aiming to restore the injured party to the position they would have been in if the defendant's unlawful actions had not occurred. Damage in a general sense is the loss of property or injury to a person, expenses incurred (direct losses), as well as unearned income. The thesis analyzes in detail the concept of damage, damages as direct losses (loss of property or injury, expenses incurred) and damages as compensation for unearned income and the determination of the amount of damage. It also examines types of damage - property and non-pecuniary damage, their elements are presented, which helps identify damage quantification problems. The topic of the master thesis clearly distinguishes the criteria for assessing unearned income, the thesis aims to analyze the specifics of each of these criteria and their application as widely as possible. Due to a detailed analysis of the case law of the Supreme Court of Lithuania and legal acts reveals the most common problems that arise when assessing the amount of damage. The work clearly distinguishes between the legal acts and doctrine of the Republic of Lithuania, both the practice of the Court of Cassation, both additional sources that provide information on the topic of the master's thesis. |
