Turtinės žalos kategorizavimo problemos Lietuvos deliktų teisėje lyginamuoju aspektu

Abstract

The article deals with issue of categorization of material damage in Lithuanian Tort Law with the reference to the materials of research project conducted by the European Centre of Tort and Insurance Law (ECTIL) with the purpose to determine what categories of material damage could be identified in doctrine and practice of Lithuanian tort law. The first part of the article examines significance and relevance of discerning categories of material damage that emanates from tort. Categorization of material damage could be very helpful for the purposes of deciding on the damage compensation issues, such as identification of burden of proof, victims, compensation methods and other related issues. In addition, categories of material damage are important for coherent case law and legal practice. The second part analyzes the key criteria for distinguishing these categories. The third part of the article reveals how categories of material damage arising from torts are reflected in Lithuanian legislation and case law, as well as Lithuanian doctrine. The research of Lithuanian Civil Code and case-law of Lithuanian Supreme Court disclosed that two major categories of material damage are discerned, but from comparative perspective they are not identified and applied adequately. Lithuanian Civil Code distinguishes two major categories of material damages arising from tort: direct damage and loss of revenue. The latter category in court practice and legal doctrine is usually considered as indirect damage. In legal doctrine of other European countries such categories as primary and consequential damage; positive damage and loss of profit or damnum emergens and lucrum cessans, are more common.