Kalte kaip civilinės atsakomybės pagrindas.
Good faith is established in the Lithuanian law as one of the fundamental principles of law. In the present article fault is analysed as a bad faith and its relationship with unlawful actions is shown. In the new Civil Code unlawful actions may be identified with fault. The author presents arguments that fault should be treated as an independent basis for liability. Issues of the presumption of innocence of a person in applying civil liability are examined. The author discusses the concept of fault in the Civil law and the groundless treatment of fault as a mental relationship between a person and the actions performed by him. The article also presents analysis of notarial actions, activity of banks in the aspect of fault, and the relevant judicial practice of the Lithuanian courts of today.
- Straipsniai / Articles