Kreditoriaus interesų gynybos priemonės ir jų taikymas teismų praktikoje

Abstract

The code of civil law of the Republic of Lithuania provides for a number of measures for vindication of a creditor‘s interests – either to vindicate an infringed right or to turn to preventive measures in order to avoid infringement of the right or to prevent difficulties of its execution. Besides the manners of securing liabilities, which are universal measures for creditors to protect their interets in contractual legal relations, and which are directed to secure execution of liabilities or to compensate an improper execution of the latter, the sixth book of the code of civil law states special measures of vindication of a creditor‘s interests: actio Pauliana (CCL 6.66 – 6.67 cl.), indirect claims (6.68 cl.) and detention right (6.69 cl.). A creditor can use the measures to protect oneself from dishonest debtor‘s actions (actio Pauliana), from omission (indirect claims), as well as to prompt a debtor to execute liabilities (detention right). The special measures have limiting influence upon the freedom of dispossession and agreement conclusion, thus there are certain limitation assigned in their application. Usage of the aforementioned measures required implementaion of all lawful conditions.