| Abstract [eng] |
After the restoration of Lithuanian independence, the emergence of private ownership, communal land tenure breakup, emerged and began to develop a servitude Law Institute, which is necessary in order to implement the owner‘s rights under normal cost, even against the will of another owner. The economic value of this Law Institute is also very important. Without servitude is often not possible, for example, to install plumbing or drainage ditch dug in a strange land. In this situation, there is a need to regulate these relations with rules of law and to set the servitudes. Because of the economic relevance of this relationship, not only the legal regulation becomes important, but also very important is the application of the law and interpretation in order to specify the relations between involved subjects‘ rights and responsibilities, with the associated risks in order to minimize adverse impacts. The research subject of this thesis is the legal regulation of the determining the servitude and its features. In this master thesis there is analyzed the legislation regulating determining the servitude. The main act which regulates the determining the servitude is the Civil Code of the Republic of Lithuania, which establishes the concept of servitude, the content, types, determining methods, the end of servitude. Depending on the method of determining the servitude or content, there are analyzed other laws, such as the Land Law of the Republic of Lithuania, the Land Reforms Law of the Republic of Lithuania, the Law of Energy of the Republic of Lithuania and others. So, particular attention is paid to the Lithuanian national legislative analysis, which highlights and underlines state‘s approach to the restriction of property rights, also reveals the characteristics of this Institute of Law, the legal dispute resolution. Interested society and individuals in order to protect their legitimate rights and interests, very often – public interest, apply to the courts. Therefore, problematic of determining the servitude issue commonly reflected in case law, which is also widely analyzed and evaluated. The aim of this work is systematically to examine and evaluate in the Lithuanian legislation and case law subjected the framework and ways of determining the servitude and associated theoretical and practical problems. |
