| Abstract [eng] |
SUMMARY This Master’s thesis presents fault as the basis of a marriage breach. The thesis concentrates on the conception of fault; this conception is revealed by making comparison of conception of fault in family law and in civil law. The author analyses what kind of fault conception (objective or subjective) is consolidated in the family law by the legislator. This is done by choosing the datum-line as the fault conception consolidated in the civil law. The breach of marriage due to the fault of a spouse is also analyzed as a sanction for the guilty spouse concerning the breach of the marriage which is a kind of a contract. The work seeks to reveal the presumptionable and dispresumptionable cases of fault; the work deals with the thorough analysis not only of legitimate attitudes, but also Lithuanian Law practice as well. The thesis researches the cases of the fault of both spouses, and also provides the juridical outcome of such a statement. Moreover, the thesis analyses the case of bringing a lawsuit against a spouse if a spouse appeals to his fault as a basis to break the marriage according to the Article 3.60 of the Lithuanian Civil Code. However, attention is paid to the rights of the parties to terminate their argument due to the breach of the marriage in common agreement. The Master’s Thesis provides analysis of specific legal outcome of marriage breach namely because of the marriage breach due to the fault of a spouse: if confession of the fault has any influence on the division of common united property of spouses, adjudgement of separate maintenance, what are the in interest outcome, if the guilty spouse has to return another spouse the gained presents, what are the possibilities of appliance of marriage contract, and what kind of damage compensation can an innocent spouse demand. |
