| Abstract [eng] |
The thesis presents the investigation of the judicial practice of the Supreme Court of Lithuanian Republic while trying the cases regarding employee’s liability, as well as comprehensive and thoroughgoing analysis and evaluation of this judicial practice. Special attention is dedicated to the newest (up to March, 2016) judicial practice of the Supreme Court of Lithuanian Republic. The thesis contains three parts. The first part presents the reveal of the significance of the judicial practice of the Supreme Court of Lithuanian Republic while trying the cases regarding employee’s liability, its impact on legal system. The second part presents the analysis of legal problems, related to separation of material liability and other legal institutes – civil liability, unjust enrichment. It also presents the analysis of the judicial practice of the Supreme Court of Lithuanian Republic regarding this theme, as well as critical approach towards cassation court’s elucidations of the specific legal issues raised in the court cases. The last (third) part of the thesis, which takes the biggest part of it, presents comprehensive analysis of the legal problems being solved in the Supreme Court of Lithuanian Republic while trying the cases regarding employee’s liability. This part contains three themes: first, the analysis of the judicial practice of the Supreme Court of Lithuanian Republic, which reveals the legal problems of identification of compulsory requirements of employee’s liability (damage; illegal activity; causal relationship, guiltiness, labour relationship and work activities), as well as of appropriate application of rules of law. Second theme is dedicated to the types of employee’s liability (limited and unlimited) and the analysis of the judicial practice of the Supreme Court of Lithuanian Republic while trying the cases, in which such legal issues have been raised. Third theme presents the analysis of the judicial practice of the Supreme Court of Lithuanian Republic while dealing with employees’ liability cases, in which the question of the burden of proof have been raised. Summarized conclusions and recommendations are presented in the end of the thesis. |
