| Abstract [eng] |
In the master thesis are analyzed the basics of transactions related to the will or expression of the will invalidity, also the consequences provided in the Law. In recognition of nugatory transaction, in every case are intersected two different interests protected by civil rights/law; the first interest is a person`s as the owner of the property interest, and civil turnover`s, as the participants in the mass. So, the rules regulating the institution of nugatory transactions and restitution must provide such regulation that protects these values in parallel. The thesis reveals and examines the Civil Code of the Republic of Lithuania, mostly the Chapter IV, in which are established the basis of transactions invalidity on perverse will and problematic aspects of restitution related to the nature of restitution, pecuniary equivalent, also the intersection of the assets acquired with no reason and unjustified enrichment, the conscientious third parties rights, the application and vindication and situation, where its application is generally not available. Besides, in this work is discussed significance, purpose and importance of the Institute in the system of Civil law. To sum everything up, in the thesis is raised the question whether the circumstances which must be proven in order to invalidate the transaction on the will and if the expression its vices/defects in the concretization of Law could help to reduce the number of nugatory transactions. Moreover, there is revealed another question if the restitution institute properly defend the rights if the sides/parties, the third parties and if it does provide the stability, validity and legal certainty of civil legal relations in respect of acquired rights. |
