Deliktinės ir sutartinės civilinės atsakomybės pagrindų konkurencija

Abstract

The concurrence between the grounds of tortious and contractual liability, i.e. situations when the same factual circumstances may be qualified either as a breach of contract or tort, is analysed in this doctoral dissertation. The purpose of the research is to justify the possibility of the overlapping between breach of contract and tort and to offer the solution of the concurrence situation in national civil law. The doctoral dissertation provides the concept of the concurrence between the grounds of tortious and contractual liability, a thorough analysis of its origins is provided, i.e. validity and sufficiency of criteria of division between traditional contractual obligations and general duty of care are assessed, the overlapping of these obligations is determined, as well as causes for such overlapping. The doctoral dissertation also identifies the differences of tortious and contractual liability. It is analysed if the dualism of civil liability is justified by mutual exclusivity ratio. The validity assessment criteria are identified on the basis of research results. The doctoral dissertation presents the solutions of the concurrence suggested by the legal doctrine and applied in foreign countries, identifies their advantages, drawbacks, the reasons for the choice. These reasons are an important ground for systematic, linguistic analysis of the Civil Code and the Code of Civil procedure of Lithuania and enable to identify which solution could be applicable in national civil law.