Specialūs kreditoriaus interesų gynimo būdai

Abstract

Specific defence of interests of a creditor, as a distinct legal institute, as yet has lacked any systematic analysis, therefore many practical questions regarding due application of the said remedies arise. The target of this final paper is thorough and systematic analysis of all three specific defences of creditor’s interests, including the analysis of application requirements, the nature and essence, the aims of the said remedies, also including comparative analysis of the similar remedies established in other countries in order to reveal the nature of the specific defences of creditor’s interests, to provide with practical advice and proposals regarding more efficient application of the said remedies in practice. Summarizing the studied judicial practice of the Supreme Court of Lithuania and the Appeal Court of Lithuania, relevant laws, scientific articles, monographs, official commentaries to laws, internet resources and the legal regulation of the other countries on these issues, the specific defences of creditor’s interests (actio Pauliana, oblique action, right of retention) provided in the Civil Code are important creditor’s additional remedies to defend his interests and the efficient application of such remedies ensures the defence of violated interests.