Civilinės teisės principų turinio atskleidimas Lietuvos Respublikos teismų praktikoje ; Elaboration of the content of civil law principles in the case-law of the republic of lithuania

Abstract

The 1.2 article of the Lithuanian Civil Code establishes the principles of the regulation of legal civil relations. Only the bare names of these principles are being presented in this article, while their content is revealed through the other articles of the Civil Code or through the judicial practice. The importance of the principles keeps growing, since these seem to constitute certain basis which is equally to be relied upon as by legislation, so by judges (that deal with the case) or by the subjects of legal civil relations themselves. It follows that in the present work the principles of civil law are revealed through the judicial practice (i.m. what content and interpretation of the mentioned principles the court establishes in its litigations and judgments). In the first part of the present work, general interpretation of the principles of civil law is presented, and, at the same time, in respect of that, the definition of a principle is clarified. There are analyzed as well the functions of the principles of civil law, these are essential in future while explaining the content of the principles themselves. The correlation between the regulation principles of civil law and enforcement principles of civil law is analyzed in the same part of the work; afterwards the author consequently passes on to some principles of European Union that caused enormous impact on the Lithuanian civil law, as they have been extrapolated within the harmonization of our provisions. Each of the principles of civil law is analyzed in the second part of the present work; the analysis suggested is pursuant to the position of the academics and to the rules formulated by the judiciary. Finally, in the last part of the present work the possibility of limiting of the principles of civil law and the ways of doing that are indicated. It is essential to highlight the fact that nobody can abuse of the attributed principles since in this case they can turn against that kind of person and his rights will be limited with the help of the mentioned principles.