Abstract [eng] |
In the beginning of the present master’s thesis the reasons for the need of interpretation of the Civil Code provisions are briefly discussed. Further in the paper, the principles of the interpretation of the Civil Code provisions are analyzed from a theoretical point of view. The relations of these principles with the methods of law interpretation known in the theory of law reveals the content of the principles of interpretation of the Civil Code provisions. The primary focus of the paper is on the analysis of the application in practice of the principles of the interpretation of the Civil Code provision. The principal part of the paper is constituted of the research on the case-law of the Supreme Court of Lithuania, but the paper is not limited to this research, several judgments of case-law of the Court of Appeal of Lithuania and County courts are also analyzed. In analyzing the judgments of case-law, the application of principles of the interpretation of the Civil Code provisions is analyzed in order to find out whether or not the courts always properly apply these principles of interpretation, it is also assessed what importance these principles have on the interpretation of provisions. Other methods of interpretation of law, not directly indicated in the Civil Code, however nonetheless important, are also analyzed in the master’s thesis; the content, the application in case-law, and the importance to the interpretation of the Civil Code provisions of these methods are briefly discussed. |