| Abstract [eng] |
The first part of this article analyses preconditions of implementation of the institution of administration of property of other persons into Lithuanian civil law system and reveals its links with other civil law institutions as well as main qualification issues. The second part of this article is dedicated to practice problems which may arise when this institution is applied, especially to problems related with the regulation of the right to provide administration services, administrator’s right to invest, and protection guarantees provided for the beneficiary are analysed. Introduction of the institution of administration of property of other persons was influenced by Canada’s province Quebec experience in the field of private law codification process. Administration of another’s property while has some significant limited property right features can not be considered as ius in re aliena in a strict sense but according to the fact that administrator, while uses, posseses and disposes property which is owned by other person, acts like representative of the latter, rules of representation are applicable in the sphere of administration of property of other persons and should be qualified as sui generis institution of legal representation. When rules of trust are applied, right to administer another’s property could be qualified as concurrent right and this fact allows to explain the introduction of this institution into the book four of Lithuanian Civil Code. Main problems related with regulation of the investment of property which is administered and with regulation of the right to provide administrative services could be solved by taking the Civil Code of Qeubec as a good example and amending accordingly rules of Lithuanian Civil Code, applying rules of representation and using creative interpretation of existing rules, which becomes extremely important in the view of grounds of establishment of the administration and protection guarantees provided for the beneficiary. |
