Nuosavybės teisės gynimo daiktiniai ir prievoliniai būdai

Abstract

In work are analyzed the material and the obligatory legal ways of protection of the property right, feature of their application being based on rules of law, judiciary practice of Lithuania to the doctrine of the right. More attention it is given ways of protection of the property right of absolute character which are directed on removal of obstacles of realization of the property right. Work is based on the analysis of judiciary practice on a considered theme. The author describes specificity of application the material and the obligatory ways of protection of the property right, discusses the basic distinctions between them. In work features and conditions of satisfaction the “rei vindicatio” and the “actio negatoria” are analyzed and described. Also are described the basic conditions of application of the restitution (restitutio in integrum) and feature of elimination of possible breaches of law of the property in the future. The hypothesis of research is confirmed: the material and the obligatory ways of protection of the property right provide complex protection of the property rights which is shown that protection of the property right provide the material measures having absolute character, and for protection against the infringements which have been not connected directly with the property right, are applied the obligatory ways of protection.