| Abstract [eng] |
Peculiarities of Long-Term Contracts SUMMARY This work contains to analyse a long-term contract peculiarities. Fast pace and growth todays’ society progressively perceives contracts’ benefits and choose to use more often, however, taking into account into different contracts types, it is necessary to ensure that all of them are to be regulated and enshrined in law. Often between countries come disagreements for contract enforcement, change or termination, that is why it is important to contact the court in order to act to resolve any dispute correctly, so accredited solution be proportionate both sides interests. Long term contract institute uniqueness excels that even today there are not any created united long-term contract definition nor in Lithuanian, nor in foreign law systems. This institute concept is rather wide and based on Lithuanian, or other states’ court practice, it is clear that for such contract it is inherent testability, higher confidence level between contract countries, and of course, even though a contract can be even for 99 years of life, however there is no such a long-term contract which would be valid for life. Likewise, during this contract and after setting circumstances amendment it is very important the proof of the question. In pursuance of this contract, countries must follow honesty, intelligence and justice principles, as well as it is important to (lot. pacta sunt servanda) principle. It is noted that this contracts’ peculiarities decide control and change, with reference to Lithuanian Republic Civil Code 6.204 article. According to this article, in the presence of peculiarities change within worse situation, contract country can ask the other country for change or termination, however until there will be accepted decision, the country in a worse situation is unable to arbitrarily terminate the contract management. For an Agreement change is it crucial to set what situation is able to be considered essential/primary, so long term contract could be changed. It is wrong to think, that such events as worldwide pandemic or economic crisis are able to be understood and assessed as essential/primary circumstance to change this agreement. Discussed long term agreements’ concept, execution, change, also it is important to mention possible termination options. In Lithuanian Republic Civil code it is anchored possibility unilaterally, without recourse to court to terminate only long term non termination agreement, but long term termination agreement termination is possible when in violation with essential/primary contract, which could be anchored in contract or provided for contract; or contract termination in the presence of circumstances change, which is not able to be changed back into their primary state. However, as much as in Lithuanian and foreign countries law systems it is discussed, that contract termination as law defense measure has to be applied as the last measure. |
