| Abstract [eng] |
Moment of Acquisition of Ownership Right. The acquisition of the moment of the ownership right is important, because at the moment of the acquisition owner gets all the owner rights and obligations, protection of the ownership rights and can defence violated rights. Master’s thesis analyzes the conditions to acquire ownership rights, signification of the moment of acquisition of the ownership right. Separate analysis of diferent bases of the acquisition of the ownership right and determination of the moment of acquisition of the ownership right leads to findings why precisely this moment of acquisition of the ownership right was set by the legislator, what counterflow rights and obligations was combinated, whose interest was desired to protect. Also master thesis contains Lithianian case law, opinion of the legal academics, other states legal acts. Despite the fact, that Article 4.49 of the Civil Code of the Republic of Lithuania determine general role, that ownership rights acquire from the moment object is transmitted. But this rule of law is dispositive, that is why the law or contract can determine other moment of acquisition of the ownership right. The moment of acquisition of the ownership right in other than contractual bases is often different from general rule, set in the Article 4.49 of the Civil Code of the Republic of Lithuania. Legislator differentiate the moment of acquisition of the ownership right because of different value, charasterictics of the acquiring object in order to combine ownership rights with the public interest, economic interest. There is no consensus in legal doctrine and case law about the moment of acquisition of the arbitrarily constructed building or unfinished building ownership right. The moment of acquisition of the ownership right by the sale and purchase agreement and donation agreement are the same as determinated by the general rule. It is worth mentioning, that in donation agreements parties can not set other moment of acquisition of the ownership right because in donation agreements it is forbidden by the Civil Code of the Republic of Lithuania. On the other hand, by the consumer credit agreement, moment of acquisition of the ownership right is the money receipt moment. |
