Abstract [eng] |
This master’s thesis reveals the issue of Obtaining of Control by Bank or other Credit Institution Towards the Debtor when Concluding Credit Agreement. The main purposes of the analysis are: first of all, to estimate that credit agreement can be viewed as providing any control for banks or other credit institutions, which enables the deciding authority to the Debtor, also meaning the concentration, about which the Competition Council of the Republic of Lithuania must be informed. Secondly, to estimate that the credit agreements could be viewed as invalid and not creating any legal consequences, despite the fact that concentration, about which the Competition Council of the Republic of Lithuania had to be informed, was executed during the conclusion of the credit agreements. The research is conducted by analysing the regulation of the Law on Competition of the Republic of Lithuania, as well as the acts of the law of the European Union, and explications provided by the law doctrine of Lithuania and foreign countries in the amount of questions about the concept of the concentration and control and validity of contracts concluded without the permission of the Competition Council of the Republic of Lithuania or other authorised institution. It all let to propose particular evaluation of application of the above mentioned provisions in the particular instance of the credit agreements validation of concluded between the debtors and the banks or other credit institutions, which is the object of this master’s analysis. |