| Abstract [eng] |
Modern justice systems recognize that protection of rights and rightful expectations of subjective contracting parties is guaranteed by putting into practice purposeful cooperation between those parties. Therefore one of the most important objectives of contract law is the possibility to maintain contract relationship. The institute of contract modification is a rather effective mean while meeting those objectives. Namely this institute is the main object of research in the master work. First of all, the conception of the institute is explained considering the context of two essential contract law principles- freedom of contract and pacta sunt servanda. The modification of contract and its influence to the relationship between contracting parties is shown by analyzing the detailed function of the institute and its relation with other means of law and rights protection. On the basis of systematic investigation of sources of law, the possible ways and forms of contract modification are presented as well as the comprehensive research of the possibilities and problems which may occur while putting such institute into practice. While investigating the above-mentioned points, the analysis of legal regulations of the institute of contract modification is presented, together with the possible ways and conditions to apply it in Lithuania, taking into consideration three most often situations occurring in real practice, where the role of the institute of contract modification would be particularly significant in order to keep contract alive. |
