| Abstract [eng] |
Civil Code of the Republic of Lithuania, which came into force in 2001, provided an enterprise as an asset complex among other objects of civil turnover. However, a complex regulation of transactions, that have an enterprise as their object, insufficient amount of existing doctrine and case law regarding this issue, the diversity in perception of the term „enterprise“ are some of the reasons, causing the rare application of this institute in practice. The aim of the thesis is to determine specific nature and features of an enterprise as an object of the civil turnover, the peculiarities of transactions that have an enterprise as their object, which are directly stated in Civil Code. First part of the thesis is aimed at analysing and determining the tendency of using the term „enterprise“ in national law and how the term „enterprise“ is perceived in other countries. Also, the features of asset complex are disclosed, the elements, which constitute the enterprise and their main issues are analysed, the validity of immovable object status is studied. The concept of business transfer and the ways of transferring business are discussed briefly, comparing the transactions of asset deal and share deal in the second part of the thesis, considering a possibility to determine share deal as an asset deal in practice, seeking to point the causes determining the choice of these transactions. The third part of thesis examines the lease of enterprise and the mortgage of enterprise and their pecularities, the issues that arise in regulation of the lease of enterprise, the validity and benefit of the regulation of mortgage of enterprise which came into force in 2012. |
