| Abstract [eng] |
This paper reveals and analyses selected problematic aspects of the legal regulation of solidary civil liability and its application in Lithuanian case law. The work emphasizes the essence of solidary liability - the concept of jointness of debt, which implies that solidary civil liability is primarily intended to protect the interests of the creditor. Discussing the legal regulation of solidary liability in the Lithuanian Civil Code, including cases of presumption of solidary liability, the paper emphasizes that solidary liability is an aggravation of the debtor's legal position, and that solidary liability should therefore only be applied in exceptional cases. The analysis of solidary liability focuses on tort legal relations, i.e. it analyses in more detail one of the selected cases of the presumption of solidary liability, i.e., damage caused by the actions of several persons, and the problematic aspects related to it. Since causation is an essential condition of civil liability which determines the scope of the liability of multiple debtors, the rules for establishing causation are first discussed. Given that, in the case of objective complicity, unlike in the case of subjective complicity, the causal link between the individual acts is not presumed and requires a detailed assessment, the application of solidary liability to the individuals in such a case remains particularly problematic. An analysis of the case-law in the context of objective complicity also reveals the problem of the distinction between the forms of civil liability, whether solidary and several, and the legal validity of the liability of persons acting independently for damage. In analyzing individual selected problematic aspects in specific legal relations, the paper assesses the sufficiency and completeness of national regulation, the consistency and reasonableness of the practice of the Supreme Court of Lithuania in interpreting relevant norms. |
