| Abstract [eng] |
The master’s thesis analyzes the nature of professional civil liability and problematics of its application, which are revealed through significant legal acts, doctrine and interpretations provided in the Lithuanian case law. Due to the broad scope of the topic, the issues of applying professional civil liability are revealed through the application of the duty of care as a necessary element of fault and unlawful acts in professional liability in the three professions that require the most professionalism: doctors, lawyers and notaries, although professional civil liability itself is not limited to these professions alone. The thesis examines the types of professional civil liability, reveals their differences and problematic aspects, introduces with peculiarities of the application of liability in foreign countries and Lithuania. The thesis examines the legal norms regulating professional civil liability in Lithuania and introduces the doctrine on this topic. The author of the work analyzes the problems of applying the duty of care and the standard of careful, attentive and qualified professional conduct in the Lithuanian case law, which are characterized by an ambiguous interpretation of the duty of care and the standard of professional conduct. The author concludes the professions of doctors, lawyers and notaries are subjects to a very high standard of professional care in Lithuania. However, the author believes, the unreasonable exaltation of this standard does not force professional to behave more professionally. Therefore, in the conclusions, the author of the work raises the question of the preparation of comprehensive methodological recommendations on the duty of professional care, which could be used not only by courts in their decision-making process, but also by professionals themselves to assess their own behavior. |
