TIESIOGINĖS DARBUOTOJO DELIKTINĖS ATSAKOMYBĖS TAIKYMAS LIETUVOJE

Abstract

The article analises the direct delictual liability of an employee for the damages caused to a third person during the performance of his duties. The problems of limiting the victim‘s claims to the person who directly caused the damage and the removal of the employee‘s direct delictual liability are investigated. The analysis focuses primarily on the legal regulation of the indirect delictual liability of the employer, the reasons and objectives of this form of liability. The article further deals with the regulation of the employee‘s direct delictual liability in Lithuania and the case-law, legal doctrine, soft law measures, the works of foreign law scientists and the experience of European countries. The article examines practice of the Supreme Court of Lithuania, in which the direct delictual liability of an employee was commenced, but limited to specific cases. According to the study data, the article analises validity of the restriction of limiting the victim‘s claims to the person who directly caused the damage and the removal of the employee‘s inderect delictual liability and deals with the cases in which an employee may be a subject of direct delictual liability. Finally, the article presents conclusions and recommendations about applicable cases and restrictions of employee‘s direct delictual liability in Lithuania.