| Abstract [eng] |
A Lease Agreement: Assessment of Assessment of Court Practice. Summary This thesis looks at some of the most acute issues pertaining to residential and non-residential lease agreements. The focal points are aimed at the object of the lease agreement and related particularity, as well as rights and obligations of the parties, and the right to unilaterally terminate the agreement. Furthermore, it aims answering questions regarding the essential breaches of residential and non-residential lease agreements, their impact on agreement termination, and termination of an agreement without court participation. The thesis defines the subject of a residential lease agreement, its particularity pertaining to a natural person, and a natural person as a weaker party to the agreement, as well as a party having more guarantees in respect to legal entities; as well as particularity of a residential lease agreement in comparison to a non-residential lease agreement. Economic advantage of both kinds of lease agreements as well as their occurrence in the society determines the relevance of the chosen topic. The thesis draws attention to case-law of Lithuanian courts applying general and special legal norms as well as importance of precedents in the Lithuanian legal system. It provides the analysis of measures to be possibly undertaken by a lessee to protect its rights against the third parties and the situations that allow for reimbursement of costs incurred due to renovation of premises. The state supplied additional guarantees for leasing residential premises are considered. It also analyses the importance for defining the validity term and rent as well as slippage. It also underlines rights and obligations of a sub-lessee of premises as well as peculiarities of execution and maturity. The thesis is summarized by conclusions, which should help understanding the key differences pertaining to drafting, execution, and termination of residential and non-residential lease agreements, the occurrence of which in society is continuously increasing. |
