Suchergebnisse

There are several categories of quangos: first, non-departmental public bodies, such as executive NDPBs, advisory NDPBs, tribunal NDPBs, independent monitoring boards, second, nationalised industries and public corporations, such as BBC, Bank of England, Royal Mail, Royal Mint, Commonwealth development Corporation, etc., third, national health service bodies, fourth, next step agencies, fifth, non-ministerial government departments, such as Ofwat, OFGEM, GEMA, OFCOM, (POSTCOMM, Office of Rail Regulator, etc. Even more groups of quangos exist, e.g. local public spending bodies and ad-hoc groups of experts. It must be noted that there is a huge number of quangos in the UK. It gives a good background for politicians to speculate upon it. Before the elections, the leaders of the parties often promise to save millions by cutting quangos. But they fail. This article does not intend to answer the question why they fail. It's only goal is to present the phenomenon of British quangos to the Lithuanian reader, to give the definition of quangos, to crystallise the reasons of their establishment, to give a classification of quangos and to analyse the problems of their accountability.

This thesis examines problematic issues and legal aspects of aircraft operating leasing, arising due to the absence of unified international regulation, diverse and limited legislation on aircraft operating leasing legal relationships in the European Union and the Republic of Lithuania, as well as established commercial practice in the aviation industry additionally formed by the soft law documents. It is discovered that these factors, together with the high value of a commercial aircraft, impacts on the essence of the aircraft leasing as an international commercial transaction, explains the inevitable imbalance in the parties' rights and obligations and different legal effects in case of non-performance. In accordance with the Cape Town Convention on International Interests in Mobile Equipment and the Protocol on Matters Specific to Aircraft Equipment, this thesis describes the main legal instruments and measures available to protect the interests of creditors (owner or lessor) on an international level along with limits to such instruments and measures arising due to the discretion of the contracting states. On the basis of specific aircraft leasing agreements and judgments of England and New York State courts, this work analyses contractual clauses of events of default along with events and (or) conditions that typically constitute events of default. In addition, common disputes arising under the aircraft leasing contracts and consequences of a breach of a contract are described, together with reasons behind contract parties typically choosing either English or New York State law and jurisdiction.

This thesis examines problematic issues and legal aspects of aircraft operating leasing, arising due to the absence of unified international regulation, diverse and limited legislation on aircraft operating leasing legal relationships in the European Union and the Republic of Lithuania, as well as established commercial practice in the aviation industry additionally formed by the soft law documents. It is discovered that these factors, together with the high value of a commercial aircraft, impacts on the essence of the aircraft leasing as an international commercial transaction, explains the inevitable imbalance in the parties' rights and obligations and different legal effects in case of non-performance. In accordance with the Cape Town Convention on International Interests in Mobile Equipment and the Protocol on Matters Specific to Aircraft Equipment, this thesis describes the main legal instruments and measures available to protect the interests of creditors (owner or lessor) on an international level along with limits to such instruments and measures arising due to the discretion of the contracting states. On the basis of specific aircraft leasing agreements and judgments of England and New York State courts, this work analyses contractual clauses of events of default along with events and (or) conditions that typically constitute events of default. In addition, common disputes arising under the aircraft leasing contracts and consequences of a breach of a contract are described, together with reasons behind contract parties typically choosing either English or New York State law and jurisdiction.

This thesis examines problematic issues and legal aspects of aircraft operating leasing, arising due to the absence of unified international regulation, diverse and limited legislation on aircraft operating leasing legal relationships in the European Union and the Republic of Lithuania, as well as established commercial practice in the aviation industry additionally formed by the soft law documents. It is discovered that these factors, together with the high value of a commercial aircraft, impacts on the essence of the aircraft leasing as an international commercial transaction, explains the inevitable imbalance in the parties' rights and obligations and different legal effects in case of non-performance. In accordance with the Cape Town Convention on International Interests in Mobile Equipment and the Protocol on Matters Specific to Aircraft Equipment, this thesis describes the main legal instruments and measures available to protect the interests of creditors (owner or lessor) on an international level along with limits to such instruments and measures arising due to the discretion of the contracting states. On the basis of specific aircraft leasing agreements and judgments of England and New York State courts, this work analyses contractual clauses of events of default along with events and (or) conditions that typically constitute events of default. In addition, common disputes arising under the aircraft leasing contracts and consequences of a breach of a contract are described, together with reasons behind contract parties typically choosing either English or New York State law and jurisdiction.

This thesis examines problematic issues and legal aspects of aircraft operating leasing, arising due to the absence of unified international regulation, diverse and limited legislation on aircraft operating leasing legal relationships in the European Union and the Republic of Lithuania, as well as established commercial practice in the aviation industry additionally formed by the soft law documents. It is discovered that these factors, together with the high value of a commercial aircraft, impacts on the essence of the aircraft leasing as an international commercial transaction, explains the inevitable imbalance in the parties' rights and obligations and different legal effects in case of non-performance. In accordance with the Cape Town Convention on International Interests in Mobile Equipment and the Protocol on Matters Specific to Aircraft Equipment, this thesis describes the main legal instruments and measures available to protect the interests of creditors (owner or lessor) on an international level along with limits to such instruments and measures arising due to the discretion of the contracting states. On the basis of specific aircraft leasing agreements and judgments of England and New York State courts, this work analyses contractual clauses of events of default along with events and (or) conditions that typically constitute events of default. In addition, common disputes arising under the aircraft leasing contracts and consequences of a breach of a contract are described, together with reasons behind contract parties typically choosing either English or New York State law and jurisdiction.

In this thesis there are analyzed aspects how changes person physical and legal entity status, after judicial conviction is entering into force in respect of the Republic of Lithuania, when person is designated by criminal penalty. Analyzing changes of single person`s legal status there were studied laws and regulations of the Republic of Lithuania that govern the enforcement of penalties. There were analyzed other literature about enforcement of penalties. There were investigated legislation, legal literature of Russia, Germany, Latvia, Sweden, England and international laws. Status of convicted person concludes person`s general legal position, special rights and obligations that are determined by legislation and court conviction. The specific situation of convicted person depends on general and special rights and obligations of the convict. Status of convicted person most depends on the type of criminal punishment. Persons, that are punished for the penalties that are unrelated with imprisonment in many cases provided in laws implement the same rights in the order as the persons who are not been convicted. Penalty of imprisonment has the greatest influence on a person's legal situation. As heavier is criminal punishment for person, the person has more limited individual rights and freedom, and there are emerging more legal duties. Convicted legal person may also use general and specific rights of the convicted person and shall exercise general and specific duties. But has no possibilities to influence their legal status at the penalty time. The convict at the penalty time can affect his legal situation in the cases when well-behaved convict shows initiative, works, learns he may be granted by incentive measures, which may improve the legal position of the convicted, but in cases when the convicted person violates the prohibitions or fails mandatory duties of convict can be imposed by disciplinary sanctions, which worsens the situation of convict person depriving or limiting possibilities to use the specific rights.

In this thesis there are analyzed aspects how changes person physical and legal entity status, after judicial conviction is entering into force in respect of the Republic of Lithuania, when person is designated by criminal penalty. Analyzing changes of single person`s legal status there were studied laws and regulations of the Republic of Lithuania that govern the enforcement of penalties. There were analyzed other literature about enforcement of penalties. There were investigated legislation, legal literature of Russia, Germany, Latvia, Sweden, England and international laws. Status of convicted person concludes person`s general legal position, special rights and obligations that are determined by legislation and court conviction. The specific situation of convicted person depends on general and special rights and obligations of the convict. Status of convicted person most depends on the type of criminal punishment. Persons, that are punished for the penalties that are unrelated with imprisonment in many cases provided in laws implement the same rights in the order as the persons who are not been convicted. Penalty of imprisonment has the greatest influence on a person's legal situation. As heavier is criminal punishment for person, the person has more limited individual rights and freedom, and there are emerging more legal duties. Convicted legal person may also use general and specific rights of the convicted person and shall exercise general and specific duties. But has no possibilities to influence their legal status at the penalty time. The convict at the penalty time can affect his legal situation in the cases when well-behaved convict shows initiative, works, learns he may be granted by incentive measures, which may improve the legal position of the convicted, but in cases when the convicted person violates the prohibitions or fails mandatory duties of convict can be imposed by disciplinary sanctions, which worsens the situation of convict person depriving or limiting possibilities to use the specific rights.

Every European country has its own system of tort law, but it should be considered that the main systems are French, German, English and Scandinavian, which are discussed in this paper. Lithuanian tort law system, which is mainly based on French approach, is also researched. In these days different fields of law are being harmonized, and tort law was not left aside. Separate questions already are harmonized in treaties and acts of European Union. Present harmonization is fragmentary, therefore insufficient in most scholars' view. In this paper, presuppositions of further harmonization and arguments for and against necessity of harmonisation of tort law are analysed and evaluations of different attitudes are given. Despite disagreements for demand of harmonized tort law, some significant projects of harmonisation of tort law have been implemented at scholarly level: a project of European Civil Code is almost finished, Principles of European Tort Law have been introduced, scholars also work on Trento Common Core Project. In this paper, the main attention is paid for the first two projects because the participants of these projects have prepared important documents, which include all the essential aspects of tort law, thus these documents could become a basis for harmonized European tort law. The legal rules of Principles of European Tort Law and European Civil Code are being compared with the legal systems of aforesaid states – England, Germany, France and, of course, Lithuania. The influence of the main legal systems of tort law for these projects is researched, the decisions of both projects, their advantages and disadvantages are dealt. All these aspects are revealed by analysing the main conceptions of conditions of liability (fault and unlawfulness, causation, damage) in different legal systems and in projects harmonizing tort law. At the end of the paper, specifics of practical implementation of the harmonizing projects is dealt.

Every European country has its own system of tort law, but it should be considered that the main systems are French, German, English and Scandinavian, which are discussed in this paper. Lithuanian tort law system, which is mainly based on French approach, is also researched. In these days different fields of law are being harmonized, and tort law was not left aside. Separate questions already are harmonized in treaties and acts of European Union. Present harmonization is fragmentary, therefore insufficient in most scholars' view. In this paper, presuppositions of further harmonization and arguments for and against necessity of harmonisation of tort law are analysed and evaluations of different attitudes are given. Despite disagreements for demand of harmonized tort law, some significant projects of harmonisation of tort law have been implemented at scholarly level: a project of European Civil Code is almost finished, Principles of European Tort Law have been introduced, scholars also work on Trento Common Core Project. In this paper, the main attention is paid for the first two projects because the participants of these projects have prepared important documents, which include all the essential aspects of tort law, thus these documents could become a basis for harmonized European tort law. The legal rules of Principles of European Tort Law and European Civil Code are being compared with the legal systems of aforesaid states – England, Germany, France and, of course, Lithuania. The influence of the main legal systems of tort law for these projects is researched, the decisions of both projects, their advantages and disadvantages are dealt. All these aspects are revealed by analysing the main conceptions of conditions of liability (fault and unlawfulness, causation, damage) in different legal systems and in projects harmonizing tort law. At the end of the paper, specifics of practical implementation of the harmonizing projects is dealt.

Every European country has its own system of tort law, but it should be considered that the main systems are French, German, English and Scandinavian, which are discussed in this paper. Lithuanian tort law system, which is mainly based on French approach, is also researched. In these days different fields of law are being harmonized, and tort law was not left aside. Separate questions already are harmonized in treaties and acts of European Union. Present harmonization is fragmentary, therefore insufficient in most scholars' view. In this paper, presuppositions of further harmonization and arguments for and against necessity of harmonisation of tort law are analysed and evaluations of different attitudes are given. Despite disagreements for demand of harmonized tort law, some significant projects of harmonisation of tort law have been implemented at scholarly level: a project of European Civil Code is almost finished, Principles of European Tort Law have been introduced, scholars also work on Trento Common Core Project. In this paper, the main attention is paid for the first two projects because the participants of these projects have prepared important documents, which include all the essential aspects of tort law, thus these documents could become a basis for harmonized European tort law. The legal rules of Principles of European Tort Law and European Civil Code are being compared with the legal systems of aforesaid states – England, Germany, France and, of course, Lithuania. The influence of the main legal systems of tort law for these projects is researched, the decisions of both projects, their advantages and disadvantages are dealt. All these aspects are revealed by analysing the main conceptions of conditions of liability (fault and unlawfulness, causation, damage) in different legal systems and in projects harmonizing tort law. At the end of the paper, specifics of practical implementation of the harmonizing projects is dealt.

Every European country has its own system of tort law, but it should be considered that the main systems are French, German, English and Scandinavian, which are discussed in this paper. Lithuanian tort law system, which is mainly based on French approach, is also researched. In these days different fields of law are being harmonized, and tort law was not left aside. Separate questions already are harmonized in treaties and acts of European Union. Present harmonization is fragmentary, therefore insufficient in most scholars' view. In this paper, presuppositions of further harmonization and arguments for and against necessity of harmonisation of tort law are analysed and evaluations of different attitudes are given. Despite disagreements for demand of harmonized tort law, some significant projects of harmonisation of tort law have been implemented at scholarly level: a project of European Civil Code is almost finished, Principles of European Tort Law have been introduced, scholars also work on Trento Common Core Project. In this paper, the main attention is paid for the first two projects because the participants of these projects have prepared important documents, which include all the essential aspects of tort law, thus these documents could become a basis for harmonized European tort law. The legal rules of Principles of European Tort Law and European Civil Code are being compared with the legal systems of aforesaid states – England, Germany, France and, of course, Lithuania. The influence of the main legal systems of tort law for these projects is researched, the decisions of both projects, their advantages and disadvantages are dealt. All these aspects are revealed by analysing the main conceptions of conditions of liability (fault and unlawfulness, causation, damage) in different legal systems and in projects harmonizing tort law. At the end of the paper, specifics of practical implementation of the harmonizing projects is dealt.

Quality as a Requirement for the Goods Sold SUMMARY The object of the academic master work is quality as a requirement for the goods sold. Considering the interaction between the national rules of law on the quality of goods and the rules of law established at the European Union level as well as those established at the international level, the object of the research involves analysis at three different levels of legal regulation. The purpose of the research, amongst others, is to mark the differences between the standard of quality imposed on consumer goods in contrast to that applied to other goods. The balance of rights and obligations can be achieved only if the legal regulation on the quality of goods is considered as a dynamic process. The research therefore embraces proposals for amendments on the legal regulation and discusses perspectives concerned. In the first section analysis is made on the definition of goods and their quality emphasizing the interaction between the economical and legal view on the quality of goods, answering the question which goods are under the obligation to meet quality requirements, finally discussing the grounds that influence the substance of quality standards. The second section deals with the balance of rights and obligations entitled or enforced to the buyer or the seller, the appliance of the party autonomy rule when settling the contract requirements on the quality of goods, the types of warranties as well as the problems of their practical implementation, the tests for quality of goods in comparison with those applied in England and the problems concerned. In the section emphasize is made on the relationship between the buyers right to examine the goods and the requirements of quality, the issue on disclaims of warranties and, finally the necessity to introduce a higher standard on consumer goods. In the third section the object of the academic work is considered in the aspect of quality as a continuing obligation of the seller. The emphasis is made on the relationship between the limitation period and the period imposed for legal and contractual warranty claims.

Quality as a Requirement for the Goods Sold SUMMARY The object of the academic master work is quality as a requirement for the goods sold. Considering the interaction between the national rules of law on the quality of goods and the rules of law established at the European Union level as well as those established at the international level, the object of the research involves analysis at three different levels of legal regulation. The purpose of the research, amongst others, is to mark the differences between the standard of quality imposed on consumer goods in contrast to that applied to other goods. The balance of rights and obligations can be achieved only if the legal regulation on the quality of goods is considered as a dynamic process. The research therefore embraces proposals for amendments on the legal regulation and discusses perspectives concerned. In the first section analysis is made on the definition of goods and their quality emphasizing the interaction between the economical and legal view on the quality of goods, answering the question which goods are under the obligation to meet quality requirements, finally discussing the grounds that influence the substance of quality standards. The second section deals with the balance of rights and obligations entitled or enforced to the buyer or the seller, the appliance of the party autonomy rule when settling the contract requirements on the quality of goods, the types of warranties as well as the problems of their practical implementation, the tests for quality of goods in comparison with those applied in England and the problems concerned. In the section emphasize is made on the relationship between the buyers right to examine the goods and the requirements of quality, the issue on disclaims of warranties and, finally the necessity to introduce a higher standard on consumer goods. In the third section the object of the academic work is considered in the aspect of quality as a continuing obligation of the seller. The emphasis is made on the relationship between the limitation period and the period imposed for legal and contractual warranty claims.

Quality as a Requirement for the Goods Sold SUMMARY The object of the academic master work is quality as a requirement for the goods sold. Considering the interaction between the national rules of law on the quality of goods and the rules of law established at the European Union level as well as those established at the international level, the object of the research involves analysis at three different levels of legal regulation. The purpose of the research, amongst others, is to mark the differences between the standard of quality imposed on consumer goods in contrast to that applied to other goods. The balance of rights and obligations can be achieved only if the legal regulation on the quality of goods is considered as a dynamic process. The research therefore embraces proposals for amendments on the legal regulation and discusses perspectives concerned. In the first section analysis is made on the definition of goods and their quality emphasizing the interaction between the economical and legal view on the quality of goods, answering the question which goods are under the obligation to meet quality requirements, finally discussing the grounds that influence the substance of quality standards. The second section deals with the balance of rights and obligations entitled or enforced to the buyer or the seller, the appliance of the party autonomy rule when settling the contract requirements on the quality of goods, the types of warranties as well as the problems of their practical implementation, the tests for quality of goods in comparison with those applied in England and the problems concerned. In the section emphasize is made on the relationship between the buyers right to examine the goods and the requirements of quality, the issue on disclaims of warranties and, finally the necessity to introduce a higher standard on consumer goods. In the third section the object of the academic work is considered in the aspect of quality as a continuing obligation of the seller. The emphasis is made on the relationship between the limitation period and the period imposed for legal and contractual warranty claims.

Quality as a Requirement for the Goods Sold SUMMARY The object of the academic master work is quality as a requirement for the goods sold. Considering the interaction between the national rules of law on the quality of goods and the rules of law established at the European Union level as well as those established at the international level, the object of the research involves analysis at three different levels of legal regulation. The purpose of the research, amongst others, is to mark the differences between the standard of quality imposed on consumer goods in contrast to that applied to other goods. The balance of rights and obligations can be achieved only if the legal regulation on the quality of goods is considered as a dynamic process. The research therefore embraces proposals for amendments on the legal regulation and discusses perspectives concerned. In the first section analysis is made on the definition of goods and their quality emphasizing the interaction between the economical and legal view on the quality of goods, answering the question which goods are under the obligation to meet quality requirements, finally discussing the grounds that influence the substance of quality standards. The second section deals with the balance of rights and obligations entitled or enforced to the buyer or the seller, the appliance of the party autonomy rule when settling the contract requirements on the quality of goods, the types of warranties as well as the problems of their practical implementation, the tests for quality of goods in comparison with those applied in England and the problems concerned. In the section emphasize is made on the relationship between the buyers right to examine the goods and the requirements of quality, the issue on disclaims of warranties and, finally the necessity to introduce a higher standard on consumer goods. In the third section the object of the academic work is considered in the aspect of quality as a continuing obligation of the seller. The emphasis is made on the relationship between the limitation period and the period imposed for legal and contractual warranty claims.