TITLE

ŽALOS ATLYGINIMO FUNKCIJOS PAŽEIDUS FIZINIO ASMENS NETURTINES TEISES

AUTHOR(S)
Pukšmys, Tomas
PUB. DATE
March 2013
SOURCE
Bridges / Tiltai;2013, Vol. 62 Issue 1, p39
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article deals with the functions of civil liability in cases of breaching personal non-property rights. The analysis of civil liability in Lithuanian and German law reveals that in both countries damages are awarded on the basis on the principle of compensation and prohibition of unjust enrichment, but in Germany law damages for the violation of personal non-property rights are also awarded taking into consideration the preventive function. The main aim of this paper is to determine whether there are conditions, need and basis for the application of the preventive function in Lithuanian law. In the first part of this article it is analyzed the factors that determine the application of the preventive function, i.e. the change of civil relations; the need for effective legal protection and the aim to ensure the legitimate behavior of the subjects of civil law. The second part explains the relationship between the compensatory, punitive and preventive functions. The last part of the article analyzes the demand of the preventive function and the purposes of civil liability in Lithuanian law in terms of awarding to reward non-pecuniary damages for the violation of personal non-property rights.
ACCESSION #
87902753

 

Related Articles

  • Research paper shopped around. Barnsley, Paul // Windspeaker;Nov2005, Vol. 23 Issue 8, p22 

    This article informs that Connie Larochelle, a citizen of the Haisla First Nation near Terrace, British Columbia has spent the last several years doing research for a master's thesis on a topic that will be of interest to most First Nations communities. Her thesis is titled "Framework for...

  • Copyrights and Trademarks and Patents! Oh, My! DiBernardo, Ian G.; Latza, William D. // Best's Review;Aug2006, Vol. 107 Issue 4, p78 

    The article stresses the need for insurance companies to understand the uses, benefits and risks of intellectual property rights to protect their own business and to avoid infringing on competitors' rights. Copyright protection is available only to original expression, not to the ideas or facts...

  • Revizuire întemeiată pe dispoziÅ£iile art. 322 pct. 9 C. pr. civ. Neîndeplinirea cerinÅ£elor legale.  // Romanian Case Law Review / Revista Romana de Jurisprudenta;2012, Issue 1, p52 

    The analysis of Art.322 section 9 Code of Civil Procedure suggests that several cumulative conditions must be met for the admission of this reason: the infringement of rights or fundamental freedoms to be ascertained by the European Court of Human Rights; the violation should be due to a court...

  • DEVELOPMENTS IN INTELLECTUAL PROPERTY LAW. Brown, Christopher A. // Indiana Law Review;2010, Vol. 43 Issue 3, p837 

    The article discusses the development of the intellectual property law in Indiana. The federal courts and the U.S. Patent and Trademark Office (PTO) have further expounded upon the boundaries of patentable subject matter and the Supreme Court is set to revisit the issue of intellectual property...

  • TECHNOLOGICAL LANDSCAPE.  // Turkey Country Profile;1/1/2012, p62 

    The article offers information on the technological condition of Turkey in 2010. It states that Turkey will be introducing advanced technologies to implement radical changes in the country's public service sector. It indicates a strong information and communication technologies market but scored...

  • The Rand experiment: don't prevaricate—participate. Schneider, Marius // Journal of Intellectual Property Law & Practice;May2012, Vol. 7 Issue 5, p301 

    The author reflects on the article "Measuring the scope and impact of IPR infringement in the EU," which describes a methodology for evaluating the scope, scale, and impact of intellectual property rights (IPR) infringements within the European Union (EU). Conducted by Rand, this pilot project...

  • Secondary liability for IP infringement: converging patterns and approaches in comparative case law. Barazza, Stefano // Journal of Intellectual Property Law & Practice;Dec2012, Vol. 7 Issue 12, p879 

    Stefano Barazza is a lawyer at Studio Legale Barazza, in Italy.The infringement of intellectual property rights is the result of a chain of actions, which usually involve the use of goods or services provided by third parties. This article aims to explore how different jurisdictions dealt with...

  • NOVEL REMEDIES FOR INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT ONLINE. Kiškis, Mindaugas // Jurisprudencija;2013, Vol. 20 Issue 4, p1443 

    The paper explores the failure of traditional civil remedies, as well as newer "three strikes" and Internet filtering remedies, to tackle intellectual property rights infringement on the Internet. Although the "three strikes" and Internet filtering/blocking measures were introduced in response...

  • Who owns IPR?  // Human Capital;Aug2011, Vol. 15 Issue 3, p91 

    The article discusses management and protection of intellectual property rights (IPR) in India. It explains that an author of a work under the Copyright Act 1957 is the owner of the copyright and has the sole and exclusive right over such work but employer is the first owner of the copyright in...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics