Trečiųjų asmenų teisės į neturtinės žalos atlyginimą sutrikdžius nukentėjusiojo sveikatą arba atėmus gyvybę

Abstract

In the latter years Lithuanian court practice shows the growing number of lawsuits brought by the third persons claiming for non-pecuniary damages for their own pain and suffering sustained in cases of non-fatal (health injury) and non-fatal injury to their near relatives. The first court decision on this issue was accepted in 2005 by the Supreme Court of Lithuania, but taking into account that there is no clear legal rule concerning this question in the Civil Code, as well as considering the successive court decisions denying the right of the third person to claim for non-pecuniary damages in such cases, it is difficult to recognise legal authority of such a court decision. Nevertheless, in consideration European harmonisation process in tort law and the trend to expand the right of the third persons (near relatives of the victim) to claim for nonpecuniary damage in non-fatal and fatal injury cases, as well as a social need to ensure effective protection system of the Constitutional values such as health, life and family relations, the absence of adequate legal regulation recognizing and clearly determining the right of the third person (near relatives of the victim) to claim damages for their own pain and suffering sustained in non-fatal or fatal injury cases can not justified any more today. Furthermore, legal clearness is necessary for keeping the balance of different interests and for prevention of unfair claims as well as unjustified and intolerable pressure * Mykolas Romeris University, Law Faculty, Civil and Comercial Law Department, Doctoral Candidate. upon the defendant. However, taking into account the specific legal rules on tort law established in the Civil Code of Lithuania, as well as the current social and economical situation, the implementation of such a liberal system and broad legal regulation establishing the right of the third person to claim damages for non-pecuniary damages as it is provided in the European principles on Tort Law can not be implemented in Lithuania legal system today. Nevertheless, sufficiently effective legal decision on this issue can be made by the way of systematic interpretation and application of specific rules of the Civil Code regulating tort law as well as identifying the purposes of such rules through leading values of the contemporary society established in the Constitute of Lithuania. Accordingly, the right of the third party to claim for nonpecuniary damages shall be protected by article 6.283 of CC, if the pain and suffering of the third person in non-fatal or fatal injury cases can be considered as injury to health. Also, taking into account the satisfaction (or restoration of social justice and balance of interests) as the main purpose of rewarding non-pecuniary damages in such cases, a right of the third person to claim for non-pecuniary damages for their extremely deep pain and suffering shall be justified if damages was caused in gross negligence and intent. While deciding whether to award damages or not to the third person (near relative) specific case, it is also necessary to identify the factors determining the scope of civil liability, i.e. causation; fault of defendant; determined group of the third persons who have a right to claim for non-pecuniary damages, etc.