| Abstract [eng] |
The Distinction between Main and Secondary Things: Problematic Aspects The thesis analyzes the historical origin of the Institute of Main and Secondary Things, the concept in modern law, the legal relationship and significance of the main and secondary things, and the most relevant problems arising in the law of Lithuania in relation of dividing the objects into the main and secondary ones. In the law of the chosen foreign countries, the dividing of things into the main and secondary ones is considered only to the extent that it is necessary to analyze and present the concept of the thing and compare it with the concept of it in the legal theory of Lithuania. The foreign legal systems governing similar legal relations are chosen for this purpose: Germany and France (because their civil codes have deep historical traditions), Greece and the state of Louisiana of the United States. The main attention is paid to the analysis of legal acts of the Republic of Lithuania and court practice. The thesis does not analyze the problems arising from the practice of foreign courts in relation of dividing the objects into main and secondary ones. The jurisprudence of foreign countries is analyzed to the extent that this thesis requires to describe the concepts of basic and secondary things. Since of the entry into force of the new Civil Code of the Republic of Lithuania, the doctrine of the substantive law is not developed in comparison with the doctrine of the law of obligations, therefore, even the institution of basic and secondary things is not sufficiently analyzed. Taking into account of the current issue of the Institute of Basic and Secondary Sciences and the aim of the work - to determine the legal significance of the main and secondary things for their interconnection and to present the most commonly encountered problems regarding of dividing the things into main and secondary, the thesis analyzes the concepts of the main and secondary things of Lithuania and the chosen foreign countries in the theoretical level, including the legally significant connection and related problems at the practical level, based on the practice of the Lithuanian courts. |
