| Abstract [eng] |
The objective of this master thesis is to identify what exactly influences the complexity to delimitate and qualify the purchase and sale and turnkey contracts properly. It was established that these types of contracts have a number of similar features, but the main issue is the unequal practice of interpreting and applying the legal norms leading to the adoption of different decisions in seemingly similar dispute situations. Considering this, it was suggested to define the relevant legal norms more clearly; it would be considered as a preventive phenomenon for disputes arising in the future. The possibilities of delimitation of purchase and sale and turnkey contracts have been determined by dividing the contract and qualifying it as a mixed contract. Considering the court practice and legal doctrine, it can be concluded that such delimitation of contracts must be considered as one of the most correct ways to qualify the contract properly, when the characteristics of both contracts are equally dominant in the contract. Therefore, it was proposed to apply the rule of contract fragmentation in practice to a greater extent. The application of this rule would not only ensure the will of both parties to the contract, but would also help develop the institute of mixed contracts on a practical and theoretical level. In addition, the master thesis analysed the rights and obligations of the parties to the purchase and sale contract and turnkey contract and the ways of defending the violated rights in the context of limitation. It was found that the correct delimitation of contracts is extremely important, because if it is not done properly, the legal consequences arise for the parties to the contract that, if incorrectly determined, would deny the principles of fairness and legitimate expectations of the parties. After having compared the practices applied by foreign countries in the delimitation of contracts, it was established that the principles of delimitation and the institute of mixed contracts are applied in a very similar way as in Lithuania. Surely, each country has its own subtleties of contract delimitation that could be partially considered. |
