Sandorių pripažinimas negaliojančiais ir sąžiningo įgijėjo interesų apsauga.
The article deals with a phenomenon quite widely observed in the reality and judicial practise of the recent years where property is alienated by a person not entitled to do so to the third parties acting in good faith. Consequences of such transactions in case they are deemed to be invalid and the contents of the principle „bona fides” („good faith”) are being analysed. The effort is made to establish a relation between the action for vindication and action to declare a transaction invalid, i.e. between the means of protecting one’s rights under the norms of law of property and law of obligations. The author has chosen the general scientific dialectic, historic, comparative and logic methods as a basis for the research being conducted. Although the problem in question has deep roots in the history of humanity, its theoretical aspects have not been discussed enough in Lithuanian legal literature. Therefore it is extremely important to have a broad theoretical background and thorough analysis of the basic principles enabling the courts to be able to find a uniform problem solving model.
- Articles / Straipsniai