| Abstract [eng] |
The key objective of this master thesis is to examine contractual and non-contractual (delictual) liability ratio. According to modern legal and social trends, the differences between contract and tort are disappearing, however, it is clear that relation between contractual and non-contractual liabilities will undoubtedly remain important since both civil liability types are established by law. Therefore modern law recognizes that in order to recover damages, legal claim needs to be based on only one type of civil liability rules. Proper civil liability unbundling provides correct application of the law as well as implementation of the fundamental human rights. In this master thesis there are discussed basic differences between contractual and non-contractual liabilities, the conceptual problems and the way courts should solve them by applying the law in practice. The first part of this thesis investigates main differences between both civil liability types. Some of these differences are discussed in more detail while focusing on their validity and applicability in practice. The first section also contains a comparison of differences in doctrine and case law positions in question. The second part discusses competition of contractual and non-contractual liability laws, explains the possible solutions and their applicability in courts of the Republic of Lithuania. The third chapter attempts to define main conceptual problems encountered in courts practice, and is therefore dedicated to the analysis of special cases of civil liability that shares tendency of creating a relationship of trust between the professional who provides services to the client, the manager and the company as well as the negotiating parties seeking to conclude the main contract. |
