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Main Issues Regarding Modernisation of Tort Law in Latvia

Mg.iur . Jānis Kubilis PhD Student ( University of Latvia ) Attorney at Magnusson Law Firm. Main Issues Regarding Modernisation of Tort Law in Latvia. 19 May 2014. Content. What is tort law? Why modernisation is important? What stands in the way? Some particular issues Conclusions.

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Main Issues Regarding Modernisation of Tort Law in Latvia

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  1. Mg.iur. Jānis Kubilis PhDStudent (UniversityofLatvia) AttorneyatMagnussonLawFirm Main Issues Regarding Modernisation of Tort Law in Latvia 19 May 2014

  2. Content • What is tort law? • Why modernisation is important? • What stands in the way? • Some particular issues • Conclusions

  3. TortLaw • A civil wrong, other than breach ofcontract, 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)

  4. TortLaw II • 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 non-pecuniary 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

  5. NecessityforModernisation • 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

  6. Obstaclesto Modernisation • Legal traditions • Legislative procedure • Lexspecialisin specific areas • Unwillingness to change • Case law and doctrine • Polemics on new concepts

  7. Particularissues • Preconditions of civil liability • Strict liability and fault-based liability • Terminology • Causation and foreseeability of damage • Concept of fault • Concept of misconduct

  8. Particularissues II • Pecuniary and non-pecuniary damage • Policy approach • Determining the amount • Joint and several liability for damage • Shifting the onus probandi • Personal injury and wrongful death claims • Professional liability

  9. Conclusions • 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 causedetal. • Modernisation involves dealing with issues of nationaltort law and harmonisation oftort law at EU level

  10. Thank you for your attention!

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