SOLUTIONS OF THE CONCURRENCE BETWEEN DELICTUAL AND CONTRACTUAL LIABILITY
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Abstract
The main focus of this article is to examine issues common to legal systems and doctrine, where concurrence between breach of contract and delict is recognised, to identify certain general trends and to make some general conclusions. A number of approaches have evolved in doctrine and different legal systems for determing whether between parties to a contract a delictual action is available as an alternative
or cumulatively to a contractual action. There are the following competing legal categories: Gesetzeskonkurrenz, which means, that one rule excludes the application of the other by operation of law. According to Anspruchskonkurrenz (concurring claims) the distinct bases can be relied on by the claimant and are not seen as affecting each other. Anspruchsnormenkonkurrenz (concurring claim norms) describes a theoretical variation where it is taken that only one claim exists although the particular claim may be supported through consideration of more than one basis. This paper tries to achieve analysis of the possible solution of the concurrence in Lithuania. Although it is declared
in Lithuanian legal doctrine and practise that concurrence between contractual and delictual liability in Lithuania is not available, analysis of practise reveals that concurrence situations occur, but they are settled in legal doctrine and foreign practise not applicable way giving priority for delictual liability.
or cumulatively to a contractual action. There are the following competing legal categories: Gesetzeskonkurrenz, which means, that one rule excludes the application of the other by operation of law. According to Anspruchskonkurrenz (concurring claims) the distinct bases can be relied on by the claimant and are not seen as affecting each other. Anspruchsnormenkonkurrenz (concurring claim norms) describes a theoretical variation where it is taken that only one claim exists although the particular claim may be supported through consideration of more than one basis. This paper tries to achieve analysis of the possible solution of the concurrence in Lithuania. Although it is declared
in Lithuanian legal doctrine and practise that concurrence between contractual and delictual liability in Lithuania is not available, analysis of practise reveals that concurrence situations occur, but they are settled in legal doctrine and foreign practise not applicable way giving priority for delictual liability.
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Please see Copyright and Licence Agreement for further details.
