| Abstract [eng] |
Summary Thesis of this work is performance of the contract under changed circumstances. Thesis is started by analyzing performance of contract under changed sircumstances, its historical roots which is old Roman maxim Contractus qui habent tractum succesivum et dependentiam de futurum, rebus sic stantibus intelligentur. It analyzes one of the main law principles pacta sunt servanda along with rebus sic stantibus, where principles come from, why do they exist, what is the relationship between them? Are they are at rivalry or do they help and complement each other? Thesis showed that the answer is latter. To fully analyze theme of this thesis one must understand how analogical law norms are treated in the most influential, the biggest old Europe countries with the most powerful law roots. What view does these countries have towards sanctity of the contract and what possibilities towards change of contract under changed circumstances do these countries offer? Analysis showed that these countries embodies different and unique views towards the subject of thesis, German law school being the most modern one. The second chapter of this work analyzes the main criteria to apply law of doctrine of changed circumstances, what is the relation of the main criteria with each other, other law norms, and even the outside world. Findings of such analysis shows the importance of each criteria, why are they needed and included in the official law norm text and how each criteria helps to separate whole legal doctrine from other law norms and principles. The last chapter of thesis analyses the separate parts of the Lithuanian civil code norm 6.204 third part, along with some problematic civil process questions. Thesis tries to answer various difficult questions – can the court use legal doctrine of changed circumstances without clear application from one the parties? Is the duty to inform other party soon after sircumstances has changed is imperative and do party lose the right to expedite its right towards use of this law doctrine if it failed to communicate changed circumstances fast enough? Thesis reaches conclusion that not reporting changed sircumstances at fast pace, usually, will not take away the right towards the use of this doctrine. Work shows that negotiation between the parties is a must and answers why it is so and how it's beneficial for everyone. In Lithuania exists law principle called favour contractus which implies that courts need to give the priority towards saving the contract, but this work shows that favour contractus principle is not absolute, that is why thesis tries to find the balance between this principle and right to terminate the contract, balance with the public interest. |
