| Abstract [eng] |
The duty of cooperation of parties is pointed in the law of different countries. This duty is raised from the principle of good faith. That is why this work starts with analysis of how the principle of good faith is described in different countries, including Lithuania. Because the principle of cooperation of parties is not widely described in the legal doctrine, author of this work analyses Lithuanian case – law on this subject. It is tried to detect and describe what impact to the solution of the argument of countries in the court this principle has. The subject of this paper is quite fresh – only few authors have written works on it. This work is different from those mentioned before, because it has wider content. This paper not only describes the theoretical problems of principle of cooperation of parties, but also deals with its application in Lithuanian law and main features of this application. This work is made from three parts. In the first part it is described, what is the meaning of the principle of the cooperation of parties in different countries (Germany, France, Netherlands, Italy, England and the USA). In the second part it is analyzed, what is the meaning of the principle mentioned before in Lithuanian legal acts and legal doctrine. The third part deals with application of the principle of cooperation of parties to obligation in Lithuanian case law. It is analyzed, what impact it has to the solution of cases connected with different sorts of contracts. It is also described what are the results of the violation of this principle. The main methods used in this work are: comparative, logical, systematic, historical, teleological. |
