| Abstract [eng] |
The aim of the research carried out in this doctoral dissertation is to provide a consistent analysis of legislative provisions regulating time limits in substantive law, the case law on their interpretation and application in Lithuanian courts, identify the existing shortcomings in legal regulation or practical application of legislative provisions, propose ways for their improvement. The research unfolds the substance and significance of the factor of time, defines the term of a time limit. The types of time limits (substantive, procedural, time limits for procedures), their different nature and purpose, common features and major differences are discussed. The issue of flawed concepts used in legislative provisions regulating time limits is addressed. The purpose, type, classifications (it is most appropriate to classify time limits according to their purpose – time limits for the occurrence of civil rights and obligations, for the exercise of civil rights and civil remedies), legal significance and legal consequences of the expiry of various time limits is discussed. The main time limits used in substantive law (time limits for the occurrence of rights and obligations, for the validity of rights, extinctive time limits, time limits for the performance of obligations, warranty time limits, time limits to submit claims), gaps and shortcomings in legal regulation, major aspects pertaining to the interpretation and application of legislative provisions whereby time limits are laid down, the purpose and attributes differentiating various substantive time limits are analysed thoroughly. The issue of delimitation of fixed-term and conditional obligations, the presumption of determining the time limit for the debtor's benefit and exceptions to its application, the concept of a reasonable time limit in the science of law and case law, the rules for calculating time limits are explored. |
