| Abstract [eng] |
The thesis provides the analysis of laws, regulations and the case law concerning the elimination of the results of the illegal constructions as well as the analysis of the civil legal consequences of the illegal construction. Thesis focuses on the conformity of laws and regulations with fundamental legal principles such as proportionality and bona fide. Thesis also puts emphasis on the conformity of the interpretation concerning remedies for illegal constructions with the latter principles. The analysis is followed by the conclusion that there is the incompatibility between laws, regulations and the interpretation concerning remedies for illegal constructions and the fundamental legal principles. The issues of the protection of bona fide purchaser and other bona fide holders of other rights in rem, such as mortgage creditor, are also analyze in the thesis. The discussion is followed by the conclusion that Article 4.96 of Civil Code of the Republic of Lithuania that the grants protection for bona fide purchaser should be applied on the basis of analogy to the bona fide purchaser of the illegal construction. Such conclusion is reinforced by the analysis of the legal protection entrenched in the European Convention on Human Rights and the interpretation of it by the European Court of Human Rights. However, despite such conclusion the discussion in the thesis reveals that in case the decision of demolition is passed, the issue of public tort liability has to be analyzed. |
