Kai kurie daiktinės ir prievolinės teisės santykio probleminiai aspektai.
This article discusses some problematic issues of the relation between material (real) law and the law of obligation, analyses the interaction between these two laws and discusses consequences of such interplay. The main purpose of this paper is to indicate some problematic issues of the interplay between material law and the law of obligations, also to point out guidelines for separating material law institute from the law of obligations and to emphasize the need for such distinction. The first part of this article looks at material law using obligatory categories and tries to ground the statement that material legal relationships are influenced by obligatory relationships. The conclusion is made that material legal relationship is embodied only with the help of obligations. The second part of the article describes the main forms of the interaction between material law and the law of obligation. Three types of the interplay between them are indicated: first, material (real) law can originate as a consequence of obligatory relationship; second, some material (real) legal relationships can determine appropriate obligations; and third, material (real) relationships are able to transform into new obligations in a case of tort against someone’s material right. The third part of the article reveals that obligatory law not always serves as the reassurance of material circulation. The discussion is initiated to prove that in some cases, rules of material law can be used to safeguard the stability of obligatory relationship. However, the conclusion is made that the theory of civil law and judicial practice in Lithuania commonly accepts the hierarchy of material law against obligatory law. The fourth part of this article is dedicated to discuss problems of an approach of material law and the law of obligations. In the light of this aspect, a problem of "right to right" is emphasized. [...]
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