| Abstract [eng] |
This thesis deals with consequences of invalidity of a transaction and determination of the starting point of its invalidity. The analysis is based on the provisions of First Book, Part II, Chapter IV “Invalid transactions” of Civil Code of Republic of Lithuania, however systematic analysis of other books of the Civil Code is also carried. Regulation in Lithuania is compared with the provisions of Italian and Spanish civil Codes concerning the institute of invalidity of a transaction. An overview of relevant case law of the Supreme Lithuanian courts is made. In particularly, this thesis reveals the concept of invalidity of the transaction. Altogether, it tests the hypothesis that the invalidity of the transaction differs depending on the separation of null and voidable transactions. Separate structural part of the work is devoted for the question of determining the starting point of invalidity of the transaction. The consequences of invalidity of the transaction are divided into those which arise towards the parties to the transaction, and those that arise towards third persons. Restitution is analyzed as a general consequence of the invalidity of the transaction. Attention is also paid to the possible additional consequences: damages, non-pecuniary damages, responcibility applied according to the public law, etc. Consequences of invalid transactions towards the third persons are assessed concidering whether these persons acted in good or bad faith. |
