| Abstract [eng] |
This work is matrimonial property under the liability obligations. Issue in an interesting and sensitive topic, because it includes relationship between spouses, as well as a new civil entity and third parties - creditors' interests. The family is considered to be public, and thus they are more protected the interests of mandatory rules. The paper deals with matrimonial and personal obligations, and their overall regulatory approach. Here it is important to note that the comparison of contractual law and legal system differences, as well as the advantages and disadvantages, but it should be noted that the contractual property regime strongly influenced by the mandatory norms of the law. In other parts of the working spouses discussed personal and general obligations of the factors influencing the differences and the reasons why the obligation as one individual, while others are shared. The investigation can be concluded that personal liability shall be incurred under the time (before marriage) and the basis for the acquisition of (private), and total obligations as a result of the marriage (occurrence of torque) and the total household needs. However, in the context of this institution was not all that simple. Civil liabilities are two types - contract and tort. According to the nature of the obligation will depend on the type of liability. If the obligation of a personal nature, and it will be a personal responsibility, and place of spouse's personal property, and his spouse from of common equity. If the obligation of a general nature, in which case it is necessary to have. In this case, may be jointly and severally, and partial, since it depends on how it will be because of partial liability cases, spouses are liable in the proportions in which they belong, and at the joint and several creditor can choose what and how the property will be responsible for such obligations. However, only the law and the contract provides for what may be joint and several liability, such as obligations arising from the needs of the family, family housing, and other cases provided by law. However, case law and legal doctrine in this place are very diverse and fragmented, and analyzed the work of many court decisions have not always been characterized by consistency and logic. This effect was even in the Lithuanian Supreme Court rulings that conflict with one another. Also, the civil liability of the topic was discussed in private and public assets resulting from liability, as well as adjustable unlimited liability for the legal liability of the person influence the participants, as well as other features of the civil liability of the Institute. The last part of this work has been discussing the possibility of a spouse to receive compensation for the decrease in total assets of one spouse's personal obligations, as well as in other cases provided by law.Quite a varied and interesting case law has shown that the relevance of the topic with the civil law. |
