| Abstract [eng] |
The master's thesis deals with the issue of qualification of digital content supply contracts by analysing the legal norms established in Directive (EU) 2019/770 on the supply of certain digital content and digital services, other European Union Directives, the Civil Code of the Republic of Lithuania, and other national legal acts of the Republic of Lithuania and of the other Member States of the EU. In order to resolve the issue of qualification of digital content contracts, the master’s thesis analyses the essence and purpose of contract law, the types of obligations created by a contract, which determine the classification of contracts. The thesis then seeks to identify the place of digital content contracts within this framework. In the light of the position of digital content contracts, the possible qualification of such contracts as one of the separate types of contracts (sale and purchase, exchange, service, work, lease) or as a sui generis contract is analysed. The paper presents the practice of other EU Member States in dealing with the issue of qualification. In the light of the conclusions reached in the other parts of the work, the work criticises the Lithuanian legislator for the chosen method of transposition of Directive (EU) 2019/770 on the provision of certain digital content and services, which does not resolve the issue of the qualification of digital content contracts and makes proposals. |
