| Abstract [eng] |
The peculiarities of conclusion and performance of the sale contracts of claim right are discussed in the present paper. In the first part of this paper the legal nature and definition of claim right, as a specific object of civil rights and civil turnover, are discussed. Considering that the essential element of the sale contracts is the transfer of title, in this part of work the possibility for the claim right to be considered as an object of property law is also analyzed and according to this analysis, it is determined whether there is a possibility to sell claim rights under the sale contract or not. After drawing a conclusion that claim right, regarding to the newest conception of the property law in the doctrine of Lithuania, is considered to be an object of the property law, further in the present paper theoretical and practical problems concerning usage of different forms of assignment are deliberated. In the third part of this work the relation between assignment of claim right (cessio) and sale contract of claim right is considered. The author takes the view that they are not different types of contracts, there as cessio in the Lithuanian law doctrine and in the laws of Lithuania is not considered as separate type of contract, but is considered as the constituent part of the sale contract of the claim right. In consideration of hereinabove mentioned view, a conclusion is drown that repayable assignment of the claim right should be concluded as a sale contract of the claim right in accordance with article 6.425 of the civil code of Lithuania. Next to the mentioned analysis, in this part of work, there is also dealt with relation between sale contract of claim right and factoring. The view that they are completely different contracts regarding to their aims, parties and object, is taken, therefore they can not be considered as the alternative to each other, and in consequence they are applied to separate types of legal relationships. In consideration of the conclusions made in the previous parts of this paper, to be precise, that sale contract of the claim right are concluded according to the provisions stated in the civil code regulating the assignment of claim right and general sale contracts, in the forth part of this work practical and theoretical issues, concerning conclusion and performance of the sale contract of the claim right are analyzed. |
