| Abstract [eng] |
In pursuance of analysing the topic of the final project responsibility of head of company, institution or organization under labour and civil law, the aim has been set – to reveal what liabilities the head of a company, institution and organisation has in accordance with labour and civil law. In order to accomplish the aim of the final master thesis and to fulfil the research objectives, the thesis is divided into three major structural parts. Part one deals with an analysis of a legal status of the head of a company, institution and organisation. In addition to this, the situation of legal status stipulated by different legal regulatory acts and in the practice of Lithuanian courts is provided here. This part reveals legal status of the heads of various types of legal entities. It is essential to reveal legal status of the head of a legal entity in order to identify what liabilities the head incurs in case of damage caused to a legal entity by his or her unlawful conduct. After it has been established that the heads of legal entities are to be regarded as the subjects of both labour and civil law relations, civil and material (under labour law) liabilities are analysed in part two of the thesis. This section contains a comparison of the head’s liabilities, i.e. it presents similarities and differences between civil and material liabilities, reveals the cases when the head incurs material liability and when – civil liability as a result of his or her unlawful conduct. Furthermore, the conduct of the head which can give rise to either civil or material liabilities is also analysed in part two. Structural part three of the thesis contains an analysis addressing the problems which are encountered when determining the type of the head’s liabilities for his or her unlawful conduct. Recommendations of legal science scholars about how to eliminate the problems faced when determining the head’s liabilities are also provided in this part. Taking everything into consideration, the following conclusions of this final master thesis could be drawn: legal status of the heads of legal entities is not expressly laid down in legal regulatory acts. Since there is no express legal framework of the head’s status, the heads of some types of legal entities may be regarded as the subjects of both labour and civil law relations, thus such situation causes problems when it comes to determining the type of the head’s liabilities in cases of damage suffered by a legal entity which resulted from his or her unlawful conduct. It is suggested to change legal framework with reference to the head’s legal status and liabilities. |
