| Abstract [eng] |
The work analyzes Lithuanian court decisions related to legal qualification of secondary things: accessories and essential parts of a thing. The most attention is paid to the decisions of Supreme Court of Lithuania, but to illustrate the problems, examples from the decisions of Court of Appeal of Lithuania and regional courts are given. The work begins by analyzing the definition of a thing in Lithuanian civil law in order to limit the scope of work to objects that can be said to exist in a material world. In order to understand and properly apply legal norms related to secondary objects, the purpose and essence of these norms are formulated, the attention is drawn to the connection between the institutes of accession and secondary objects and possibility to apply principles of accession law to problems related with secondary objects. After the review and comparison of legal regulation related to secondary objects in Lithuania and in other countries, the attention is focused to the arguments related to attributes of secondary objects given in the decisions of Lithuanian courts. A lot of attention is given to the analysis of legal relationship between a plot of land and buildings/constructions which are built on it. A conclusion is made that a plot of land should be viewed as a principal thing. Attention is drawn to the problem of qualifying parts of an apartment building as certain types of secondary objects. After comparing legal regulation in Lithuania and in other countries and reviewing decisions of Lithuanian courts, a conclusion is made that legal regulation in Lithuania allows to apply criteria known in other countries to determine wether one thing is a part of another thing. Attention is drawn to the possibility to apply part 2 of article 4 of Lithuanian Civil Code to situations where a movable thing is connected to the immovable thing. The main difference of legal regulation in Lithuania and in other analyzed countries (Estonia and Germany) related to accessories is that in those countries immovable things cannot be qualified as accessories. A plot of land holds a particular weight when deciding on the legal status of immovable things connected with it and a recommendation is made to apply principles of preservation of value and third party (publicity) protection in difficult situations. |
