Issues Regarding Modernisation of Tort Law in Latvia

January 15, 2018 | Author: Anonymous | Category: Social Science, Law, Tort Law
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Mg.iur. Jānis Kubilis PhD Student (University of Latvia) Attorney at Magnusson Law Firm

19 May 2014

 What is tort law?  Why modernisation is important?

 What stands in the way?  Some particular issues  Conclusions



A civil wrong, other than breach of contract, for which a remedy may be obtained in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another Black's Law Dictionary



A body of rights and obligations concerning legal relations arising out of a tort (civil liability for a tort)



Functions of Tort Law  Compensation  Deterrence et al.



Basic norm in Civil Code of Latvia  Every tort, that is, every wrongful act per se, as a

result of which harm has been caused (also nonpecuniary damage), shall give the victim the right to claim satisfaction from the infringer, insofar as he or she may be held liable for such act

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New torts – legal framework needs to be adjusted Discrepancies within the existing legal system Harmonisation within EU – sharing the concepts, experience More extensive and efficient protection of the victims

 Legal traditions  Legislative procedure  Lex specialis in specific areas  Unwillingness to change

 Case law and doctrine  Polemics on new concepts

Preconditions of civil liability Strict liability and fault-based liability Terminology  Causation and foreseeability of damage  Concept of fault  Concept of misconduct   



Pecuniary and non-pecuniary damage  Policy approach  Determining the amount

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Joint and several liability for damage Shifting the onus probandi Personal injury and wrongful death claims Professional liability





Civil liability is intended to provide the person who has suffered damage an effective remedy and to prevent the risk of damage in advance or to deter etc. Enhanced legal framework may serve to ensure:    



safe environment around us minimization of foreseeable risks liability insurance an efficient protection of the victim in case damage is caused et al.

Modernisation involves dealing with issues of national tort law and harmonisation of tort law at EU level

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