| Abstract [eng] |
Intuitu Personae Obligations: Concept, Significance, Peculiarities of Emergence, Execution and Expiration. The aim of the master's thesis is to analyze the concept and peculiarities of intuitu personae obligations, comparing it to the overall concept of the obligation, also the basics of emergence, execution and expiration of intuitu personae obligations, distinguishing certain peculiarities, which are determined by the purely personal nature of this kind of obligations. The subject of emergence, execution and expiration of intuitu personae obligations is not widely analyzed by the law scientists. Certain aspects of emergence, execution and expiration of intuitu personae obligations are analyzed by the foreign authors – E. A. Farnsworth, P. Richards, E. Suter, J. L. Baudoin ir P. G. Jobin, E. M. Storme, W. H. Rogers, P. R. Wood, O. Lando etc. Some aspects of these obligations are analyzed by the Lithuanian scientists – V. Mikelėnas, V. Mizaras, J. Usonienė and R. Volodko. It should be noted that the court practice on aspects of execution and expiration of intuitu personae obligations is insufficient. Except the court practice on inheritance of obligation to compensate for non-pecuniary damage. In the latter case the practice of Lithuanian Supreme Court is not the only what is significant in this case. The practice of the Constitutional Court of Lithuania is significant either. The Constitutional Court of Lithuania caused confusion when it was said, that right to compensation for non-pecuniary damage, which is intuitu personae, may be transferred to other person. This act of Constitutional Court of Lithuania caused a lot of questions, but no one, except R. Volodko, tried to find the answers to it. Despite already thirteen years are passed. It is important to find out if the act of Constitutional Court of Lithuania means that the right to compensation for non-pecuniary damage begins to lose its nature of intuitu personae, or maybe the obligation to compensate for non-pecuniary damage is not an intuitive personae obligation. |
