Sutartis trečio asmens naudai: lyginamoji analizė

Abstract

Magistro baigiamajame darbe, remiantis Lietuvos bei užsienio valstybių teisės aktais bei teisine literatūra, apžvelgiamas sutarčių trečiojo asmens naudai istorinis vystymasis Lietuvoje bei kitų valstybių praktikoje, sutarties trečiojo asmens naudai samprata bei elementai, kurie atskleidžia šios sutarties ypatumus bei sutartis, kurios savo prigimtimi yra pripažįstamos sutartimis trečiojo asmens naudai.

The final paper to obtain the Master’s degree deals with the historical formation of contracts of third parties in law practice in Lithuania and in other countries, to the conception and the elements of contract of third parties on the basis of legal reference and interpretation of law acts in Lithuania and foreign countries, contracts which by their nature belong to contract of third parties. The final paper to obtain the Master’s degree deals with issues related to contract of third parties. It consists of four parts. In the first part author summarizes the historical formation of contract of third parties in law practice in Lithuania and in other countries. The second part is devoted to the conception of contract of third parties and its place in civil law in different countries. The third part discusses the elements of contract of third parties by establishing the particularity of these contracts and underlining their differences in comparison with other types of contracts. The author attempts to summarize the juridical facts, which are necessary for third party to become a creditor. This part also analyses the situation of the claim when the third party has an ability to gain it from the contract or from law acts. Next in this part the role of creditor in the contract of third parties is analyzed. The fourth part of final paper is devoted to the contracts which by their nature belong to contract of third parties. The purpose of final paper to obtain the Master’s degree is to propose the juridical analysis of contract of third parties. Therefore the core of this final paper is composed of essential problems of contract of third parties in Lithuania civil law doctrine. The author endeavors to estimate the particularity of the of third parties usage in Lithuania and foreign countries which have more experience in application of the contracts of third parties. In conclusion, majority contracts are compacting only participants of contracts and the contracts of third parties aren’t used very often. However, there is the large practice demand of acknowledgment of contracts performance to third parties in juridical actuality.