| Abstract [eng] |
Development of Lithuanian Court Practice in Cases on Material Liability Practice developments of Lithuanian courts dealing the cases for material liability are analysed in the thesis. The conception of material liability and legal regulatory developments are discussed, because legal regulation changes and not only expanded circle of material liability subjects is noticed but also the conditions, under which the liability in question is applied and interpreted. While analysing the compensation for damage caused to employees features, the attention is paid to compensation mechanism that is carried out in two steps. Particular attention is paid to courts practice analysis setting the occupational disease moment, because it is noticed that in practice difficulties are encountered properly qualifying the occupational disease moment which means a lot to start a compensation payment. The procedural side how employees shall be guaranteed the right to get compensation for health damage is discussed. Attention is paid to incoming payments on the basis of voluntary insurance problems, indicating that case law in the discussed issue is not unanimous. In the thesis the peculiarities of non-pecuniary damage compensation are analysed, as non-pecuniary damage is always repayed in personal injury cases. The most recent Lithuania Supreme Court practice is analysed. It gives employees more and more options to redress and establish opportunity to seek redress directly to a harmful person(employee), if the employer is liquidated in bankcruptcy procedure prescribed by law. Law practice that complies with the European Court of Human Rights jurisprudence enables the injured workers‘ family members to continue the process when employees, whose interests were damaged, during the trial die. Further more, cases of material liability, analysing the exception from general rule, that employees‘ responsibility is limited, are discussed. In this part of thesis attention is paid to peculiarities of individual and group employees material liability contracts. Also the cases that are important to liability coverage and provide the possibility during the trial to modify full liability contract are analysed, taking into account the true will of the parties, that was not properly expressed while making a contract. And finally, problems of non-pecuniary damages are discussed, detailing employer‘s goodwill violation cases. |
