Tariamojo ir apsimestinio sandorių kvalifikavimo ypatumai, tokių sandorių negaliojimo teisinės pasekmės

Abstract

The work named „The peculiarities of qualification of assumed and simulated transactions. The consequences of such transactions“is divided into five main parts: introduction, three chapters and finding. In the introduction the author shows main problems and points out the main aims of the work. What is more the author is talking about the methods used in his work which helped him to find out the peculiarity of assumed and simulated transactions and what is more to show the main consequences of such transactions. In the first part of the work the author analyse the main reasons for the person to make assumed, not real contract or other transaction, made it only „for show“ or simulated transaction to shade another, the real one. What is more in the work is analysed the Lithuanian court practice on that matter. With a help of such practice the author shows the main peculiarity of qualification of the assumed and simulated transactions. While analysing assumed and simulated transactions the author gives particular criterion which helps to separate assumed and simulated transactions from each other. Assumed and simulated transaction consequences to the parts of such transaction and the consequences to the third party of mentioned transactions in detail is analysed in the second and third part of the work. To explain the main consequences of assumed and simulated transaction, the author analyse practice of Lithuanian courts and gives his conclusions. With this work the author makes conclusion that the main consequence of assumed and simulated transaction is not only restitution, the return of property to the owner or person to possession, but also one of the backlash consequence of such invalidity of transaction is the fact itself that transaction is not valid. What is more the consequence of simulated transaction is usage of the instruction of that transaction that the parts of the transaction had in mind. Thought assumed and simulated transactions are not valid it is scarcely surprising, that the consequences arise either to the person which are not in the obligatory relations with the both parts of the transaction. When there is such situation the problem of the restitution, arose.