| Abstract [eng] |
This master thesis deals with the institute of unilateral termination of contract for the fundamental breach (Art. 6.217 of CC). Not only does the author analyse the general problems but also evaluates specific problems of application of this institute in the context of COVID-19 pandemic phenomena (COVID-19 disease, quarantine regime restrictions). The focus is made on the latter aspect. For this purpose, both Lithuanian, foreign law doctrine and most relevant positions of the Supreme Court of Lithuania are analysed. In the first part of the master‘s thesis, the author analyses the impact of phenomena of COVID-19 pandemic on the performance of contractual relations. An assessment of nature, character and impact of phenomena of COVID-19 pandemic, led to the conclusion that these phenomena could potentially be considered as force majeure. In this part the author seeked to refute the hypothesis that the creditor should not be granted the right to unilaterally terminate the contract under Art. 6.217 of CC, if the breach was determined by the phenomena of COVID-19 pandemics. This conclusion is also eflected in other parts of the work. In the second part of the thesis, the author examines the concept of fundamental breach of the contract, also separate types of fundamental breaches, while the third part examines the criteria of fundamental breach of contract. The content of these criteria before the COVID-19 pandemic is first analysed and then it is discussed how these criteria should (could) be addressed in the presence of the COVID-19 pandemic. In general, it shall be concluded that these phenomena may affect the assessment of these criteria. The fourth and fifth parts of the master‘s thesis deal with the unilateral termination of contract and its scope. It was concluded that Lithuanian contract law recognizes partial termination of a contract, but in a certain case (e.g., when the parts of a mixed contract are interrelated and have no independent economic significance), the creditor will not be entitled to terminate the contract in part. |
