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This article discusses some problematic issues of the relation between material real law and the law of obligation, analyses the interaction between these two laws and discusses consequences of such interplay.
The main purpose of this paper is to indicate some problematic issues of the interplay between material law and the law of obligations, also to point out guidelines for separating material law institute from the law of obligations and to emphasize the need for such distinction. The first part of this article looks at material law using obligatory categories and tries to ground the statement that material legal relationships are influenced by obligatory relationships.
The conclusion is made that material legal relationship is embodied only with the help of obligations. The second part of the article describes the main forms of the interaction between material law and the law of obligation.
Three types of the interplay between them are indicated: The third part of the article reveals that obligatory law not always serves as the reassurance of material circulation. Daiktinw discussion is initiated to prove that in some cases, rules of material law can be used to safeguard the stability of obligatory relationship.
However, the conclusion is made that the theory of civil law and judicial practice in Lithuania commonly accepts the hierarchy of material law against tise law. The fourth part of this article is dedicated to discuss problems of an approach of material law and the law of obligations.
In the light of this aspect, a problem of “right to right” is emphasized. The conclusion is made that the legal construction of “right to right” is not legally correct and should be avoided in theoretical and practical fields of civil law. Further, it is emphasized that a distinction between material real law and the law of obligations has not lost its importance, and it is necessary to take into consideration different legal regulation of material real and obligatory teeise.
This aspect is also highlighted in judicial practice of Lithuania’s Supreme Court. The fifth, the last part of the article, analyses a practical example of distinguishing material law from obligatory law.
As an example, legal regulation of rent in the Lithuanian Civil Code was presented and analyzed. The author is trying trying to present a practical example how easily a rent as the institution of obligatory law, can be confused with a rent emphyteusis as daiktin law.
KAI KURIE DAIKTINĖS IR PRIEVOLINĖS TEISĖS SANTYKIO PROBLEMINIAI ASPEKTAI.
To avoid such of confusion in qualifying legal relationship of rent, some guidelines are pointed out. Some conclusions have been diktine. English Copyright of Jurisprudencija is the property of Mykolas Romeris University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder’s express written permission. However, users may print, download, or email articles for individual use.
EBSCOhost | | KAI KURIE DAIKTINĖS IR PRIEVOLINĖS TEISĖS SANTYKIO PROBLEMINIAI ASPEKTAI.
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