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					                                        CIVIL LAW

     PROGRAMME OF ENTRANCE EXAMINATION FOR DOCTORAL STUDIES

               OF THE CIVIL AND COMMERCIAL LAW DEPARTMENT

       OF THE FACULTY OF LAW OF THE LAW UNIVERSITY OF LITHUANIA




                                    INTRODUCTION

    The Civil Law Programme of Entrance Examination for Doctoral Studies has been
compiled on the basis of the Civil Law Programme of the Bachelor’s Studies and the
Civil Law Specialization Programmes of the Master’s Studies, i.e. the Contract Law,
Conventional and Tortious Liability, of the Law University of Lithuania.

   Examination is taken in writing. Each examination paper contains 10 questions.
Each question of an examination paper is subject to individual evaluation. An examinee
has the right to make use of the Civil Code, other normative acts and case law
materials.

            CHAPTER I. COMMON CIVIL LAW RULES. BRANCH OF LAW

   Topic 1. CIVIL LAW OF THE REPUBLIC OF LITHUANIA AS A BRANCH OF LAW

   Civil law concept. Objective and subjective civil law. Scope of application of civil law.
Economic turnover and civil law. Interaction of public and private laws. Monism and
dualism in private law. Civil law in the dualistic law system. Relationship of civil and
commercial laws. The doctrine of economic law and civil law.

   Ideological principles, purposes and functions of civil law.

     Civil law and law of civil procedure. The separation of civil law from other branches
of law.

    General characteristics of relationships regulated by civil law. Civil law relationships
and their types – property relationships, personal relationships associated with property
relationships. Personal non-property relationships that are not associated with the
property relationships, as an object of civil law regulation. Peculiarities of these
relationships.

         Concept of the civil law regulation method. Basic features of the civil law
regulation method. Civil law norms and the civil law regulation method. Expression of
the civil law method in civil law norms. Significance of agreement in the legal regulation
mechanism of civil relationships.

   Concept of civil law principles. Interaction of civil law principles and the civil law regulation
method. Constitutional principles of civil law. The Civil law regulation principles. Principles of
exercise of civil rights and functions. Principles of interpretation of civil law norms

    Civil law relationships. Civil law relationship elements. Basis of origin of civil law
relationships. Interests and subjective civil rights. Subjective civil rights and their types.




                          Topic 2. REVIEW OF FOREIGN CIVIL LAW

    Review of foreign civil law systems.

   Global system of civil law families. Significance of the Roman private law for the
development of civil law in the states of Europe and other continents. General
characteristic of foreign civil law sources.

    Description of the key institutions of foreign civil law (persons, objects, limitation of
actions, property law, law of obligations, succession, contracts).

     Position of Lithuanian civil law within the global system of civil law families. Stages of
historic development of Lithuanian civil law and review thereof. Lithuanian civil law of the
1918-1940 period. Lithuanian civil law of the 1940-1990 period. Development of
Lithuanian civil law after 1990. The main features of the development of the 20th century
civil law doctrine and impact thereof on the development of Lithuanian civil law.

          Topic 3. SOURCES OF CIVIL LAW OF THE REPUBLIC OF LITHUANIA

    Concept and types of a source of law. The Constitution and civil rights of the
Republic of Lithuania are the key sources of civil law. Types of civil rights . Position of
the Civil Code within the civil law source system.

    Normative acts of the Government and other state institutions as sources of civil law.

   Worldwide and regional unification and harmonisation of civil law. International
contracts and conventions, the EU legislation as sources of civil law.
   Application of foreign civil rights in Lithuania. Application of standards of traditions
and morals.

   Principles of application of civil rights . Loopholes in civil laws and ways of filling
them. Significance of court practice.

    Systemisation of civil rights . Promulgation of civil rights .

                               Topic 4. CIVIL LAW SYSTEM

    Concept of a civil law system and a civil legislation system. Elements of a civil law
system and interaction thereof. Structure of a civil legislation system. Norms, institutions
and subdivisions of civil law.

     Pandect and institutional civil law systems. Comprehensive nature of the pandect
civil law. Dualism in civil law.

    The main features of the modern civil law system of Lithuania and its development
trends. Integration and differentiation of legal regulation of civil relationships in the Civil
Code of the Republic of Lithuania.

                           Topic 5. OBJECTS OF CIVIL RIGHTS

    Concept of civil rights and an object of civil rights . Objects of civil rights and
objects of civil turnover. Comparison of the concepts of objects of civil rights and an
object of civil law.

    Conception of things as objects of civil rights . Meaning of terms thing and property
in civil rights . Identification of things as objects of civil rights . Accounting and registers
of things. Types of things. Consumable and non-consumable, defined by individual and
generic features, divisible and indivisible, movable and immovable, of limited and
unlimited turnover. The principal thing and its accessory. Fruits and proceeds from
things.

    Money as an object of civil rights .

    Securities, conception thereof, distinctive features. Separation of securities from
money and negotiable financial papers. Requisites of securities. Tangible and intangible
securities. Types of securities. Investment securities, credit securities, commodity
securities. Issue of securities. Turnover of securities. Supervision of the issue and
turnover of securities.

    Rights of property and obligations as output objects of civil rights .

    Results of economic activity as objects of civil rights .
    Results of intellectual activity as objects of civil rights . Scientific, art and literary
works, patents for inventions, industrial specimens and other results of intellectual
activity.

   Types and definition of personal intangibles protected by civil legal norms.
Peculiarities of personal intangibles and non-property interests as objects of civil rights .
Limitation of transfer of personal non-property interests to other persons.

                                   Topic 6. TIME-LIMITS

    Conception of a time-limit, scope of application and legal significance of time-limits.
Classification criteria and types of time-limits. Acquisitionary and resolutory time-limits,
time-limits of exercise of rights.

    Time-limits calculation procedure. Determining the commencement and expiration of
a time-limit.

                                 Topic 7. PRESCRIPTION

    Conception and functions of prescription. Significance of expiration of the time-limit
of prescription for material and procedural legal relationships. Concept and conditions of
application of prescription. Prescription and acquisitive prescription.

    Types of time-limits of prescriptions. General and special time-limits of prescription.

    Commencement of prescription. Subjective and objective circumstances initiating
the prescription. General and special causes of termination of prescription. Suspension
and restoration of prescription.

            Topic 8. THE EXERCISE AND PROTECTION OF CIVIL RIGHTS

    Concept of the exercise of civil rights. Subjective civil rights as an element of civil
relationship. Methods of exercising subjective civil rights in rem. Peculiarities of
exercising duties. Peculiarities of exercising personal non-property rights.

    Principles of the exercise of civil rights. Application of principles of good faith, justice
and reasonableness in the cause of the exercise of civil rights. Prohibition of the abuse
of one’s own rights. Conception of the abuse of rights. Sanctions for the abuse of right.

    Concept and meaning of the security and protection of civil rights. Civil rights
warranty system. The content of the right to defence of the infringed right. Methods of
protection of civil rights. Peculiarities of protection of honour and dignity and other
personal rights. Self-defence as a method of protection of civil rights.

                              CHAPTER II. TRANSACTIONS
                 Topic 9. CONCEPT AND FORM OF TRANSACTIONS

    Concept of a transaction. Functions of a transaction in the mechanism of legal
regulation of civil relationships. Separation of a transaction from other legal facts
(incidents, legal acts, infringements of the law). Elements of a transaction.

    Contents of a transaction – conditions of a transaction. Objectives and motives of a
transaction and legal significance thereof. Interaction of the contents of a transaction
and the contents of legal relationship.

    Form of transaction. Verbal, ordinary written, notarial transaction forms. The right of
the subjects of a transaction to choose a transaction form. Conclusive actions. Silence –
an exceptional will expression form. Public expression of a transaction subject’s will.
Signing and registration of transactions. Legal significance of registration of transaction.

   Types of transactions. Practical significance of transaction               classification.
Peculiarities of unilateral transactions. Conditional transactions.

                              Topic 10. INVALID TRANSACTIONS

    Concept and conditions of validity of transactions. General and special conditions of
the validity of transactions. Concept of invalidity of transactions. Separation of invalidity
of a transaction from cancellation of a transaction. Void and voidable transactions.

    Consequences of invalidity of a transaction. Restitution. Cases where restitution is
not applicable. Guarantees and protection of third persons’ bona fide rights and
interests. Compensation of damage. Consequences of partial nullity of a transaction.

    Review and classification of the grounds for nullity of transactions. Cancellation of
the grounds for nullity of transactions by validating a transaction.

   Transactions contradicting the imperative norms of the law, the public order or good
morals.

    Nullity of transactions contradicting the competence of a legal entity. Nullity of
transactions concluded by a legal entity exceeding its competence.

    Transactions concluded on behalf of a legal entity that is not registered under a
statutory procedure or has no licence to go into certain business.

   Transactions concluded by legally incompetent natural persons. Transactions
concluded by natural persons invested with limited or incomplete competence.

   Quasi and sham contracts.

   Nullity of transactions concluded by persons the state of which at the time of
conclusion of a transaction prevented them from making sense of their actions.
    Transactions concluded by mistake.

     Fraudulently concluded transactions. Transactions concluded by violence, economic
pressure or real threatening. Transactions concluded by malicious agreement of a
representative of one party with the other transacting party. Transactions concluded due
to tough circumstances arisen.

    Nullity of a transaction concluded by a representative exceeding his/her powers.

    Nullity of transactions concluded by violating a statutory transaction form.

    Transactions concluded in order to harm the creditor interests.

                                     CHAPTER III. PERSONS

                              Topic 11. NATURAL PERSONS

    Concept and elements of legal subjectivity of natural persons.

    Passive capacity of natural persons. Concept and contents of passive capacity. Ban
on limitation of passive capacity. Passive capacity and civil legal relationship. Beginning
and end of passive capacity. Acts of birth and death of natural persons. Recognizing a
natural person as a missing one and declaring a natural person deceased.
Consequences of appearance of a person declared deceased.

     Passive capacity of natural persons resident in the Republic of Lithuania that are not
citizens of the Republic of Lithuania.

   Concept of active capacity. Interaction of active and passive capacity. Active
capacity of natural persons, occurrence of active capacity. Partial and full active
capacity. Limitation of active capacity of a natural person and recognizing a natural
person as incapable. Grounds and procedure of restoring active capacity.

   Concept and types of civil status acts. Registered and unregistered civil status acts.
Procedure of registration of civil status acts. Place of residence of a natural person.

   Guardianship and care. Functions of guardianship and care. Establishing
guardianship and care. Legal status, rights and obligations, and responsibility of a
guardian and caretaker. Cancellation and expiration of guardianship and care.

                Topic 12. GENERAL INFORMATION ABOUT LEGAL ENTITIES

    Concept of a legal entity. Basic conceptions of the nature of a legal entity. Features
of a legal entity. Legal entities’ civil liability for obligations. Legal entities of limited and
unlimited civil liability. Civil liability of a legal entity’s founder for obligations of a legal
entity.
    Types of legal entities. Private and public legal entities.

    Establishment of legal entities.

   Incorporators of a legal entity. Name and registered office of a legal entity.
Documents of incorporation of a legal entity. Assets of a legal entity. Commencement
and duration of business activities of a legal entity. Registration of legal entities.

    Concept of passive and active capacity of legal entities, occurrence of passive and
active capacity. Contents of passive capacity of a legal entity. Peculiarities of passive
capacity of public legal entities. Realization of passive and active capacity of a legal
entity.

    Bodies and representatives of a legal entity. Subsidiaries and agencies of a legal
entity. Distinctive features of a subsidiary and agency.

    Reorganization and liquidation of a legal entity.

    Reformation of a legal entity.

                              Topic 13. PRIVATE LEGAL ENTITIES

   Incorporation and incorporators of private legal entities. Passive capacity of private
legal entities, limitation and licensing of passive capacity. Types of private legal entities.

  Enterprises as legal entities. Types of enterprises. Associations of enterprises,
consortia, cartels. Review of legislation regulating organization of enterprises.

   Unlimited liability enterprises, peculiarities of legal regulation of organization thereof.
Concept of an individual (personal) enterprise. Method of incorporation and
incorporation documents of an individual (personal) enterprise. Rights, duties and
liability of an owner of an individual (personal) enterprise. Reorganization, liquidation
and bankruptcy of an individual (personal) enterprise. Concept and types of
partnerships. Distinctive features of a partnership. Incorporation documents of a
partnership. Rights, duties and liability of a partnership member. Internal and external
relationships of a partnership. Peculiarities of the legal status of a commanditer.
Reorganization, liquidation and bankruptcy of a partnership.

   Limited liability enterprises. Joint-stock companies as legal entities. Distinctive
features of a joint-stock company. Types of joint-stock companies. Formation and
registration of joint-stock companies. Methods of formation of joint-stock companies.
Peculiarities of formation of public companies. Founders and shareholders of a joint-
stock company. Property and personal rights and obligations of shareholders. Company
management bodies. Company auditing and inspection. Reorganization and liquidation
of a company. Bankruptcy of a joint-stock company.

   Credit institutions as legal entities. Types of banks. Peculiarities of legal regulation of
establishing and managing commercial banks. Competence of a commercial bank.
Peculiarities of the legal status of the Bank of Lithuania. The central credit union and
credit unions.
  Insurance companies. Peculiarities of legal regulation of organization of insurance
companies. Supervision of activities of insurance companies.

  Investment companies. Peculiarities of legal regulation of organization of investment
companies. Supervision of activities of investment companies.

  Cooperatives and cooperative societies. Peculiarities of the legal status of
cooperative and agricultural societies. House owner’s, house-building and garage-
building societies.

  Peculiarities of state authority and local self-government institutions.

                            Topic 14. PUBLIC LEGAL ENTITIES

  Concept and purpose of public legal entities. Types of public legal entities. Passive
and active capacity of public legal entities.

  Peculiarities of the state and local self-governments as legal entities.

   The state and local self-government institutions as legal entities, their passive and
active capacity. Establishment and registration, reorganization and liquidation of the
state and local self-government institutions. Functions and liability of a founder.

  Associations. Public institutions. Foundations.

  Public organizations, political parties and organizations and trade-unions as legal
entities (formation, registration, passive and active capacity).

                               Topic 15. REPRESENTATION

   Concept of representation. Purpose of representation. Separation of representation
from similar legal phenomena. Types of representation. Basics of representation and
occurrence of authority.

   Concept and types of authorization. Form of authorization, its essential conditions.
Expiry of authorization. Transfer of authority. Conclusion of transactions on behalf of
other person, without authorization or in excess of authority.

  Rights, obligations and liability of the parties to legal relationship of representation.
Peculiarities of civil legal relationships created by the representative’s transactions.

  Review of individual types of representation. Consumer (extra-occupational)
representation. Commercial representation. Procuracy. Trade agent and mediator.
                                CHAPTER IV. MATERIAL LAW

                   Topic 16. GENERAL ISSUES OF MATERIAL LAW

    Concept of material law. Things and property rights as objects of civil rights. Position
of material law in the system of civil law.

   Types of property rights. Description of individual types of property rights.

    Property right encumbrances creating rights in rem. Determination and realization of
servitude in accordance with the laws of the Republic of Lithuania. Mortgage. Pledging
of movable property and property rights. Other property right encumbrances.




                                    Topic 17. POSSESSION

    Possession as an independent object of civil legal regulation. Lawful and unlawful
possession. Legal title of lawful possession. Lawful possession without legal title. Bona
fide and mala fide unlawful possession.

   Bases of occurrence and expiry of lawful possession. Realization and protection of
possession.

                                 Topic 18. OWNERSHIP RIGHT

   Definition of ownership right. Scientific and practical interpretation of ownership and
ownership right terms. The main features of development of the ownership right
doctrine.

   Objective ownership right and subjective ownership rights. Significance of the
ownership right institution. Types and forms of ownership right.

   Subjects and objects of ownership right.

   Contents of ownership right.

   Primary and derivative causes of acquisition of ownership right.

    Ownership right termination causes. Consumption and destruction of a thing as the
ownership termination cause. Transactions as an ownership right termination cause.
Nationalisation, confiscation and other causes of forced termination of ownership right.
    Exercise of ownership right. Peculiarities of exercising a public ownership right.
State and local self-administration institutions exercising state and communal ownership
rights. Transfer of state (self-government) property to state (self-government) institutions
by creating a trust. Transfer of state (self-government) property into the ownership of
natural and legal persons under a contract of use or lease contract. Investment of state
(self-government) property. Privatisation of state (self-government) property. State
property privatisation transactions.

    Concept and types of co-ownership right. Subjects and objects of co-ownership
right. Peculiarities of exercising a co-ownership right. Occurrence, change and expiry of
co-ownership right.

    Security and protection of ownership right. Obligatory and material methods of
ownership protection. Protection of ownership right (action of replevin). Protection of
interests of a bona fide unlawful owner. Protection of property rights from infringements
not related to the loss of ownership (negatory claim).

                  CHAPTER V. GENERAL PROVISIONS OF OBLIGATIONS

                                Topic 19. LAW OF OBLIGATIONS

    Definition of obligation. Parties under obligation. Creditor. Debtor. Features
characteristic of legal obligation relationship: dynamicity of obligation, definiteness of the
contents of an obligation (binding on the parties), protection of subjective rights of the
parties under obligation; expediency of an obligation. Difference between legal
obligation relationships and legal property relationships.

    Concept and system of the law of obligations.

    Causes of occurrence of obligations.

    Parties under obligation.

   Regressive obligations. Peculiarities of occurrence of a regressive obligation.
Regredent (creditor). Regresand (debtor).

    Types of obligations. Classification of obligations according to the contents of
obligations; according to the definiteness of the object of obligation, according to the
method of exercising the subjective rights and obligations of the parties under obligation,
according to the number of subjects (plurality of persons under obligation), according to
the causes of occurrence. Partial, joint and several, subsidiary liability. Contractual and
non-contractual obligations. Multi-person obligations. Plurality of debtors and creditors.
Divisible and indivisible obligations. Alternative obligations. Conditional obligations.
Fixed-date liabilities. Pecuniary liabilities. Obligations of positive and negative contents.

    Change of persons under obligation. Methods of change of persons under
obligation. Cession of claim. Transfer of debt.
                         Topic 20. FULFILMENT OF OBLIGATIONS

    Definition and stages of fulfilment of an obligation: organizational, material, legal and
technical.

    Principles of fulfilment of an obligation. Principles of proper fulfilment of an
obligation.

    Principle of real performance of obligations. Principle of thrifty performance of
obligations. Principle of cooperation of parties under obligation. Imperativeness of the
principles of fulfilment of obligations. Application of principles of justice, rationality and
honesty while determining bilateral rights and obligations in liability relations.

    Obligation performance subjects. Creditor, debtor, third person. Methods of
replacement of obligation performance subjects. Performance of an obligation for the
benefit of a third person. Performance of a third person’s obligation.

    Determination of obligation performance sequence. Fulfilment of monetary obligation
by repaying debt into a deposit account.

                Topic 21. SECURITY OF FULFILMENT OF OBLIGATIONS

    Definition and methods of security of fulfilment of obligations.

    Concept and types of forfeit. Material difference between a fine and penalty. Legal
forfeit and contractual forfeit. A form of an agreement on forfeit.

   Reduction of forfeit (fines, penalties).

   Definition of pledge. Pledge and mortgage. Legal pledge and contractual pledge.
Contract of pledge. Parties to a contract of pledge. Creditor (pledgee). Debtor (pledger).
The moment of formation of the right to pledge with respect to the pledgee. The object
and contents of the contract of pledge. Classification of the property in pledge.
Peculiarities of pledging immovable and movable property. Obligations of the pledgee.
Additional causes of expiry of an obligation of pledge.

   Conception of surety. Difference between a contract of surety and a contract of
pledge. The form and contents of a contract of surety. Rights and obligation of a surety.
The causes of release of a surety from responsibility to the creditor. Expiry of surety.

  Concept and meaning of a guarantee. The form and contents of a contract of
guarantee. Parties to a contract of guarantee. Responsibility of a guarantor. Expiry of
guarantee. The right of recourse to the debtor granted to the guarantor that has fulfilled
an obligation for the debtor.
  Significance of earnest money. Earnest money and advance payment. Concept, form
and contents of an agreement for earnest money. Parties to an agreement for earnest
money. Responsibility of the parties.

  Other methods of security of obligations.

                            Topic 22. EXPIRY OF OBLIGATIONS

     Definition of the cause of expiry of obligations. Characteristic of individual causes of
expiry of an obligation. Expiry of obligations by performance thereof. Finalising
performance of obligations. Expiry of an obligation by expiration of a resolutory time-
limit. Expiry of an obligation by agreement between the parties. Expiry of an obligation
by matching of the parties. Expiry of an obligation due to impossibility of fulfilment
thereof. Expiry of an obligation due to death of a natural person or liquidation of a legal
entity.

   Set-off. Set-off procedure. Impossibility of set-off.

   Release of a debtor from performance of obligations.

   Innovation. Its concept and essence. The effect of innovation on additional rights.

   Restitution. Its application causes and method. The effect of restitution on third
persons.

            CHAPTER VI. OBLIGATIONS ARISING DUE TO OTHER CAUSES

             Topic 23. MANAGEMENT OF OTHER PERSON’S BUSINESS

   Obligations of a person managing other person's business. Management of business
against other person’s will. Compensation of costs. Legal consequences of a transaction
concluded on behalf of, and for the interests of, other person.

       Topic 24. UNGROUNDED ENRICHMENT OR ACQUISITION OF PROPERTY.
                                 GAMBLING AND BETS

    Concept of an obligation arising due to ungrounded acquisition or saving of property.
Subjects of an obligation. Rights and obligations of the parties under obligation. Subject-
matter of an obligation. Unreasonably acquired or saved property that cannot be
claimed.

   Lottery and other games based on risk and chance. Bets.

                              CHAPTER VII. CONTRACT LAW
              Topic 25. POSITION OF CONTRACTS IN THE CIVIL LAW

    Historical sources of contract law. Significance of the Roman Law for the modern
contract law. Principles of the contract law. A contract in the continental and Anglo-
American law systems. Imperative legal norms and a contract. Vertical and horizontal
hierarchy of legal norms regulating contractual relationships. International contracts,
agreements, conventions as sources of the contract law. Court practice as a source of
the contract law. International customs. Contracts as a means of international trade and
international economic cooperation. Harmonization and unification of the contract law.

              Topic 26. GENERAL PROVISIONS OF THE CONTRACT LAW

    Concept, elements and types of a contract. Bilateral and unilateral, payable and
gratuitous, consensual and real, contracts of successive performance and of
instantaneous performance. Commercial contracts.

   Concept and peculiarities of consumer contracts.

   Concept and peculiarities of conclusion of a public contract.

   Concept and legal force of peace treaty.

   Pre-contractual relationships, their significance. Preliminary contracts, their form,
contents and legal value.

    Contract conclusion stages. Definition of an offer and acceptance. Validity,
revocation and termination of an offer. Public offer. Acceptance, its forms and the term.
Revocation of acceptance.

   Validity of contracts. Validity of a contract to the third parties. Form of contracts.
Significance of registration.

   Contents of contracts, types of conditions. Contract price.

    A contract execution procedure. Legal consequences of non-performance of
contracts. Conditions releasing from responsibility for non-performance of contracts.
Circumstances of Force Majeure.

   Termination of contracts. Legal effects of contract termination. Restitution. Absolute
and relative nullity of a contract.

   Protection of creditor interests (actio Pauliana). Cases of dishonesty presumption.
An oblique action. Right of retention.
     Peculiarities of concluding contracts with a foreign counter-agent.

     Issues of the contents and form of a contract in the legal systems of certain states
 and in the international law.

                                  CHAPTER VIII. CIVIL LIABILITY



         Topic 27. CONCEPT, PURPOSE, TYPES AND FORMS OF CIVIL LIABILITY
     Concept of civil liability, its difference from other types of liability. Purpose of civil
liability.

      Legislation regulating civil liability. Legal source development trends. Forms of civil
 liability: an obligation to compensate damage and losses, an obligation to pay forfeit.

     Types and sanctions of civil liability.

     Contractual and tortious liability. Partial and joint and several liability. General and
 subsidiary liability. Limited and absolute liability. Non-application of civil liability and
 release from civil liability. Direct and regress liability.

     Civil liability and other damage compensation methods. Insurance of civil liability.

                    Topic 27. CONDITIONS (CAUSES) OF CIVIL LIABILITY

     Damage and losses. Their types. Property and non-pecuniary damage, its features.
 Criteria of determining the amount of non-pecuniary damage. Expenses and lost
 income. The loss reduction doctrine.

     Illegal actions. The unlawful act and fault ratio issue.

     Causal relationship between an unlawful act and damage (losses). The main
 theories of the causal relationship. Essential practical provisions of determining the
 causal relationship.

    Fault, its peculiarities in civil liability. Forms of fault: deliberation, carelessness.
 Types, criteria of separation and significance of carelessness.

     Liability without fault. Risk as a liability condition.

     Release from civil liability. Non-application of civil liability.
                             Topic 29. CONTRACTUAL LIABILITY

   Causes of occurrence of contractual liability.

   Liability for third party acts.

   Forfeit and loss ratio.

    The effect of the creditor’s fault on the reduction of the debtor’s liability or absolute
release of the debtor from liability.

   Consequences of the debtor’s default. Consequences of the debtor’s delay in
payment. Consequences of the creditor’s default.

                               Topic 30. TORTIOUS LIABILITY

   Concept, features and particularity of non-contractual liability for damage.
Classification of liability for damage.

    Subjects of obligations arising from infliction of damage. Legal status of a person
that has inflicted damage. Liability for damage inflicted jointly by several persons.

   Contents of an obligation resulting from infliction of damage. Definability of the rights
and obligations of the subjects of obligation. Obligation of the creditor and debtor to
cooperate and act thriftily.

   Exceptional cases of responsibility for inflicting damage.

                       ____________________________________




Dr. Egidijus Baranauskas                                      Doc.Dr.Vytautas Pakalniškis




APPROVED

By the Department of Civil and Commercial Law

on 15 June 2002

Minutes No 15
Supplemented and amended
on 30 August 2006




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   26. 26. Norkūnas A. Fault as a Cause of Civil Liability. Jurisprudence, 2002, Vol.
       28(20). 112-119.
   27. 27. V. Pakalniškis. Possession and Protection of Possession in the Civil Code of
       the Republic of Lithuania // Jurisprudence. ISSN 1392-6195. Vilnius: LUL, 2004,
       No. 54 (46), p.29-45.
   28. 28. V. Pakalniškis. The Property Law Doctrine and the Civil Code of the Republic
       of Lithuania.// Jurisprudence. ISSN 1392-6195. Vilnius: LUL, 2004, No. 50 (42);
       55–65.
  29. 29. V. Pakalniškis. The Property Law Doctrine and the Civil Code of the Republic
      of Lithuania.// Jurisprudence. ISSN 1392-6195. Vilnius: LUL, 2002, No. 28(20),
      p.69-79
  30. 30. V. Pakalniškis. Property in the System of              Civil Right Objects.//
      Jurisprudence. ISSN 1392-6195. Vilnius: MRU, 2005, No. 71(63), p.76-85.
  31. 31. Legal Issues of Security of Performance of Obligations. Thematic Collection
      of Articles. Prof., Dr. P. V. Rasimavičius. - Vilnius: Law University of Lithuania,
      2001. - 73 p.
  32. 32. Zweigert K., Kötz H. Introduction to Comparative Law. - Vilnius: Eugrimas,
      2001. – 504 p.
  33. 33. Sklovsky K.I. Property in Civil Law. - Moscow: Business, 2000. - 512 p.

Normative:

  1. 1. 1.    Constitution of the Republic of Lithuania. Vilnius, 1999.
  2. 2. 2.    Civil Code of the Republic of Lithuania // The Gazette. 2000. No. 74.
  3. 3. 3.    Law of the Republic of Lithuania On the Legal Status of Foreigners // The
      Gazette. 1998. No. 115; 1999. No. 89; 2001. No. 55..
  4. 4. 4.    Law on Individual Enterprises of the Republic of Lithuania // The Gazette,
      2003. No. 112-4991.
  5. 5. 5.    Law on Partnerships of the Republic of Lithuania // The Gazette. 1990.
      No. 31. 2003. No. 112.
  6. 6. 6.     Law on Agricultural Companies of the Republic of Lithuania // The
      Gazette. 1991. No. 13.
  7. 7. 7.    Law on Companies of the Republic of Lithuania // The Gazette. 2000. No.
      64. 2003. No.123.
  8. 8. 8.     Law of State and Self-Administration Enterprises of the Republic of
      Lithuania // The Gazette. 1994. No. 102; 2004. No. 4.
  9. 9. 9.    Law on Cooperative Societies (Cooperatives) of the Republic of Lithuania
      // The Gazette. 1993. No. 20.
  10. 10. 10. Law on Collective Investment Subjects of the Republic of Lithuania //
      The Gazette. 2003. No. 74.
  11. 11. 11. Insurance Law of the Republic of Lithuania // The Gazette. 2003. No. 94-
      4246.
  12. 12. 12. Law on Credit Unions of the Republic of Lithuania // The Gazette. 1995.
      No. 26.
  13. 13. 13. Law on Banks of the Republic of Lithuania // The Gazette. 2004. No. 54.
  14. 14. 14. Company Bankruptcy Law of the Republic of Lithuania // The Gazette.
      2001 No. 31.
  15. 15. 15. Company Restructure Law of the Republic of Lithuania // The Gazette.
      2001 No. 31.
  16. 16. 16. Law on Associations of the Republic of Lithuania // The Gazette. 2004.
      No. 25.
  17. 17. 17. Lithuanian Bank Law of the Republic of Lithuania // The Gazette. 1994.
      No. 99, 2001. No. 28.
  18. 18. 18. Law on Commercial banks of the Republic of Lithuania // The Gazette.
      1995. No. 2..
  19. 19. 19. Law on Public Institutions of the Republic of Lithuania // The Gazette.
      1996. No. 68; 2004. No. 25.
  20. 20. 20. Law on Budgetary Institutions of the Republic of Lithuania // The
      Gazette. 1995. No.104; 2000. No. 83.
21. 21. 21. Trade-Union Law of the Republic of Lithuania // The Gazette. 1991. No.
    34.
22. 22. 22. Law on Political Parties of the Republic of Lithuania // The Gazette. 1990
    No. 29; 2004. No. 7.
23. 23. 23. Law on Charity and Relief Funds of the Republic of Lithuania // The
    Gazette. 1996. No. 32; 2004. No. 7.
24. 24. 24. Law on Associations of Apartment House Owners of the Republic of
    Lithuania // The Gazette. 1995. No.20; 2000. No. 56.
25. 25. 25. Law on Gardeners Associations of the Republic of Lithuania // The
    Gazette. 2004. No. 4.
26. 26. 26. Law of Religious Communities and Societies of the Republic of Lithuania
    // The Gazette. 1995. No. 89; 2000. No. 40.
27. 27. 27. Land Law of the Republic of Lithuania // The Gazette. 1994. No. 34;
    1995. No. 53; 1996. No. 100; 1997. No. 66; 1999. No. 64; 2000. No. 42.
28. 28. Law on Possession, Use and Disposal of the State and Self-Administration
    Property of the Republic of Lithuania // The Gazette. 1998. No. 54; 1999. No. 55;
    2000. No. 47.
29. 29. 29. Copyright and Contiguous Rights Law of the Republic of Lithuania // The
    Gazette. 1999. No. 50; 2000. No. 66; 2003. No. 28.
30. 30. Patent Law of the Republic of Lithuania // The Gazette. 1994, No. 8; No. 89; .
31. 31. Design Law of the Republic of Lithuania // The Gazette . 2002. No. 112.
32. 32. Law on Legal Protection of Topographies of Semiconductor Products of the
    Republic of Lithuania // The Gazette. 1998. No. 59.
33. 33. Trademark Law of the Republic of Lithuania // The Gazette. 2000. No. 92.
34. 34. Plant Species Protection Law of the Republic of Lithuania // The Gazette.
    2001. No. 104.
35. 35. Law on Protection of Intellectual Property in Imported and Exported Goods of
    the Republic of Lithuania // The Gazette. 2000. No. 113. .
36. 36. 36. Law on Protection of Consumer Rights of the Republic of Lithuania //
    The Gazette. 1994. No. 94; 2000. No. 85.
37. 37. 37. Law on Restoration of Citizens’ Rights of Ownership of Survivor Realty
    of the Republic of Lithuania // The Gazette. 1997. No. 65, 66.
38. 38. 38. Bern Convention on Protection of Works of Literature and Art // The
    Gazette. 1995. No. 40.
39. 39. 39. International Rome Convention on Protection of Performers, Phonogram
    Manufacturers and Broadcaster // The Gazette. 1999. No. 11.
40. 40. 40. Geneva Convention on Phonogram Manufacturers Copyright Protection
    // The Gazette. 1999. No. 82.
41. 41. 41. World Intellectual Property Organization Performance and Phonogram
    Treaty // The Gazette. 2000. No. 95.
42. 42. 42. World Intellectual Property Organization Copyright Agreement // The
    Gazette. 2001. No. 32.
43. 43. 43. Paris Convention on Protection of Industrial Property // The Gazette.
    1996. No.76.
44. 44. 44. Madrid Protocol of International Signs Registration Agreement // The
    Gazette. 1997. No.105.
45. 45. 45. Patent Cooperation Treaty (PCT) // The Gazette. 1996. No. 75.
46. 46. 46. International Convention on Protection of New Plant Species // The
    Gazette. 2002. No. 109.
47. 47. 47. World Trade Organization Agreement on Trade Related Aspects of
    Intellectual Property Rights // The Gazette. 2001. No. 46.
   48. 48. 48. Memorandum of Understanding of Protection of Geographic References
       of the Republic of Lithuania and the United States of Mexico // The Gazette.
       2001. No. 46.
   49. 49. 49. United Nations Convention on International Contracts of Sale of Goods //
       The Gazette. 1995. No.102.
   50. 50. 50. Convention on the Contract for the International Carriage of Goods by
       Road // The Gazette. 1998. No.107.
   51. 51. European Council Convention on Protection of Human Rights and Basic
       Freedoms. International Agreements and Documents on the Issues of Civil
       Society / Compiled by Saulius Katuoka. Vilnius, 2000.


Note: The list of normative acts specifies only a serial number of The Gazette in which a
respective act or its new wording was published for the first time.

Court practice:

   1. 1. 2.    Website of the Supreme Court of Lithuania at http://www.lat.litlex.lt/
   2. 2. 3.    Lithuanian court judgements are published on the Internet at
       http://www.bylos.lt/bylos/
   3. 3. 4.    Lithuanian Court Practice. Civil Law and Civil Procedure. V., 1991-1998.

				
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