| Abstract [eng] |
This master thesis provides analyzes of Compilation of the Property Balance Sheet and Its Impact on the Fulfillment of Spouses' Obligations in the Case of the Division of the Spouses' Property, examining both significant legal acts, doctrine, and case law interpretations. This topic is most revealed through the interests of creditors held by spouses. The main focus is on ensuring and protecting their interests. The Supreme Court of Lithuania has emphasized in its practice that the property held by spouses must be divided in such a way and in such parts that it does not violate the interests of creditors of spouses. The thesis analyzes the drawing up of a proper property balance sheet, the main aspects of drawing up, on the basis of which the court is guided, seeking to maintain a balance of interests of both spouses and creditors. The article discusses the protection of creditors' interests by determining the ownership of joint and personal property of spouses, the influence of the division of the remaining joint property of spouses on the performance of obligations of spouses, the importance of qualifying and delimiting the obligations of spouses, and the characteristics of obligations whose payment term has expired and obligations whose payment term has not yet expired. Cases of departure from the principle of equality of the shares are also analyzed, as well as the importance of joint liability of spouses for the protection of creditors' interests. The importance of publicizing the marriage contract concluded by spouses, i.e. registering it against creditors, is emphasized. The analysis of cases helps to clarify problematic aspects. Due to a detailed analysis of case law and legal acts, cases of violation of creditors' rights are revealed, as well as possible ways of protecting creditors' violated rights. |
