| Abstract [eng] |
Suspension of Contract Performance and Elimination of Defects in Contract Performance as Remedies to Protect Rights In today's market economy, contractual legal relationships are particularly relevant, multi-faceted, intertwined, often having, in their content, several elements of individual contracts, on the basis of which the parties to a contract seek to derive appropriate benefits in each particular case However, due to certain incidents or actions, not every contract is executed and thus the parties do not always achieve the contracted result, which raises the natural question what kind of remedies are available to the contractor in the event of failure or improper performance of the contract. One of these are suspension of contract performance and elimination of defects in contract performance, therefore, their legal regulation and interpretation in case law and application in contractual relations between the parties become particularly relevant. Nevertheless, both the suspension of performance of the contract and the elimination of the defects of the contract in the Lithuanian Civil Code are regulated quite declaratively, in the Lithuanian legal doctrine these remedies have not received much attention from scientists either. In the case-law, the application and interpretation of these remedies also raise some doubts, e.g. the suspension of the performance of a contract is in principle interpreted in the general context of the suspension of obligations, which is not entirely consistent with the legal nature of the suspension of the performance of a contract. Meanwhile, the elimination of contract defects as a remedy is rarely applied and interpreted. In this context, this work will seek to reveal the essence of these two independent remedies, purify doctrine at comparative and national level to define the concept of them, to determine the scope of these remedies and the conditions for their application, to evaluate and analyze the application of these remedies in practice and to determine the mutual relationship, explaining the reasons leading to the choice of one or another remedy, taking into account legal regulation, and practical applicability and real and effective protection of the rights of the parties to the contract by these remedies. |
