Teisminės komercinių sutarčių turinio kontrolės ribos

Abstract

In doctoral thesis “The limits of judicial commercial contracts content control” the author analyses the grounds of judicial control of commercial contract content executed in order to ensure the balance of parties’ rights and obligations, as well, the criteria limiting such control, defined in legislation, case law, soft law and other documents. The author analyses the conception of commercial contractual relations, as well, the conception of businessman and weaker party of commercial contractual relation, different approaches towards such judicial control defined in contract law theories. The research includes three instruments of commercial contractual content control used in cases of ensuring the balance of interests chosen by the author – reduction of penalties, gross disparity and unfair contract terms control. After the conclusion that some of the national Lithuanian legislation and rules defined in case law can violate the principles of legal certainty and predictability, the author provides several suggestions for the improvement.