| Abstract [eng] |
This master‘s thesis analyzes solidary civil liability and its problematic aspects, choosing the complexity of legal regulation and its practical application as the main object of analysis. The difficulties arising from the application of solidary civil liability in tortious relations are highlighted and how its scope of application is modified by incorrectly identifying fault, unlawful actions and causality, creating inconsistent case law. The different interpretation applied in case law allows for the creation of precedents where the institute of solidary civil liaility is not applied in cases where its existence is indisputable, thus modifying the concept of solidary civil liability. Considering the highlighted problems, possible changes are proposed in the practical application of this legal institution, which would provide legal clarity both to the parties of solidary civil liability and to the unification of case law. Contractual solidary liability creates systematic problems in terms of the internal relations of the parties, especially in cases of insolvent co-debtors, highlighting possible disproportionate burden sharing between co-debtors in cases of joint activities or suretyship. The flawed, inconsistent position of the case law in insolvency cases allows one of the co-debtors to gain a more favorable financial position in relation to the other, which allows one of the parties to abuse this responsibility. A comparative analysis with French and Italian jurisdictions highlights bothe the fundamental weaknesses and stregths of the Lithuanian legal system in the context of other jurisdictions. France‘s strict position, which foresees specific cases and avoids the presumption of solidary civil liability allows greater legal clarity by improving both the regulation of legal relations and case law. |
