| Abstract [eng] |
The thesis examines the concept of public order and good morals in modern contract law. The aim of the analysis is to explore the content of public order and good morals developed in Lithuanian and foreign legal doctrine as well as judicial practice. Emphasizing the value nature of these concepts, theoretical peculiarities, interrelation, and relation with contract law are revealed using legal doctrine. Alternative concepts of these categories are compared, along with various positions of Lithuanian and foreign legal scholars. Practical aspects of public order and good morals are revealed through an analysis of judicial practice, which allows for a comparison of the content of good morals and public order developed by the courts and legal doctrine. The first part begins with the search for definitions in legal doctrine. The concept of public order is discussed by distinguishing the categories of national and international public order. The criteria of good morals are examined, and the relationship between moral norms and ethics, religious dogmas, legal norms, and principles is analyzed. The analysis concludes with an overview of the interrelation between the concepts of public order and good morals, and their relationship with the contract law. The second part moves onto the content of public order and good morals based on the analysis of specific cases. Analysis of the Lithuanian Supreme Court's practice allows for the identification of the main criteria applied when deciding on the nullity of a contract contradicting public order or good morals. The relationship between public order and good morals and other grounds for invalidity as well as legal consequences are summarized. The third part involves a comparative analysis of the content of public order and good morals in jurisdictions of France and Sweden. Attention is given to the relevance of such analysis due to these countries' belonging to different legal system traditions. |
