Sandorių pripažinimo negaliojančiais daiktiniai teisiniai aspektai
Justitia |
Date Issued |
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2008 |
Straipsnyje aptariami galimi šios problemos sprendimo būdai įvairiose Europos teisinėse sistemose ir analizuojama Lietuvos teisės pozicija minėtu klausimu.
According to the Lithuanian Civil Code, annulment of juridical acts operates ab initio, i.e. takes effect retroactively. Restoration of the status quo ante requires that the parties to the annulled juridical act return to each other the property they received. Once the property is transferred to the third parties, the question is to know whether the latter may keep the property or whether they are obliged to return it to the initial owner - the party to the annulled juridical act. The article examines whether the principle of iusta causa traditionis developped by Roman jurists is still applied in modern law. The main question in this context is whether a valid title for the transfer of property is required and whether the annulment of underlying contract automatically annuls the transfer of property. The article examines the position of Lithuanian law in regard to the transfer of property and takes a comparative approach by presenting some of the solutions developed in other legal systems. Lithuanian law is analysed in the light of the principles of traditio and solo consensu, the principle of unity and the principle of separation, and the question is being raised whether Lithuanian law follows the principle of abstraction or the principle of causality. The article takes a view that under Lithuanian law the retroactive effect of the annulment in combination with the principle of Nemo plus juris reflect a causal system of the transfer of property. In this context, the protection granted to bona fide acquisitions may be considered as an alternative to the principle of abstraction.