The ratification of the Memel Territory Convention raised questions regarding the relationship between the central government and autonomous territorial institutions. The legal analysis of the institute of the governor of Memel Territory reveals some aspects of this relationship and some topicalities of the social and cultural life of the Territory. The article studies historical documents: legal acts, governors' correspondence with the representatives of central and local bodies, minutes of meetings with the head of the state, prominent pro memorias of governors that are stored in the Central State Archive of Lithuania.
The ratification of the Memel Territory Convention raised questions regarding the relationship between the central government and autonomous territorial institutions. The legal analysis of the institute of the governor of Memel Territory reveals some aspects of this relationship and some topicalities of the social and cultural life of the Territory. The article studies historical documents: legal acts, governors' correspondence with the representatives of central and local bodies, minutes of meetings with the head of the state, prominent pro memorias of governors that are stored in the Central State Archive of Lithuania.
Institute of Adoption of Inheritance in Comparative Aspect The Master's thesis provides an interpretation of the legal nature of the adoption of inheritance, significance of succession systems recognized in European countries for adoption of inheritance, focusing on systems of succession recognized in countries of continental law tradition (the systems of acceptance and renunciation of inheritance). It explains the impact of adoption of inheritance on the interests of the heirs and the deceased's creditors in the system of acceptance of inheritance and in the system of renunciation of inheritance. The comparative analysis method compares the norms of Institute of Adoption of Inheritance of the Civil Code of the Republic of Lithuania, which have an influence on the balance of the interests of the heir and the deceased's creditors in the process of adoption of inheritance, with the relevant legal norms of inheritance law established in the legislation of Latvia and Estonia. The following provisions of adoption of inheritance have been analyzed: methods of adoption of inheritance and the participation of deceased's creditors in the process of adoption of inheritance, the legal status of the beneficiaries of the compulsory portion of inheritance and legacies, the compatibility of the term for adoption of inheritance and the term for the claims of the deceased's creditors, the effect of renunciation of inheritance for the deceased's creditors and heir's creditors. It also provides insights, how by using good examples of established legal regulation of adoption of inheritance in Latvia and Estonia, it would be possible to ensure a better balance of the interests of the heirs and the deceased's creditors in the process of adoption of inheritance in Lithuania.
Institute of Adoption of Inheritance in Comparative Aspect The Master's thesis provides an interpretation of the legal nature of the adoption of inheritance, significance of succession systems recognized in European countries for adoption of inheritance, focusing on systems of succession recognized in countries of continental law tradition (the systems of acceptance and renunciation of inheritance). It explains the impact of adoption of inheritance on the interests of the heirs and the deceased's creditors in the system of acceptance of inheritance and in the system of renunciation of inheritance. The comparative analysis method compares the norms of Institute of Adoption of Inheritance of the Civil Code of the Republic of Lithuania, which have an influence on the balance of the interests of the heir and the deceased's creditors in the process of adoption of inheritance, with the relevant legal norms of inheritance law established in the legislation of Latvia and Estonia. The following provisions of adoption of inheritance have been analyzed: methods of adoption of inheritance and the participation of deceased's creditors in the process of adoption of inheritance, the legal status of the beneficiaries of the compulsory portion of inheritance and legacies, the compatibility of the term for adoption of inheritance and the term for the claims of the deceased's creditors, the effect of renunciation of inheritance for the deceased's creditors and heir's creditors. It also provides insights, how by using good examples of established legal regulation of adoption of inheritance in Latvia and Estonia, it would be possible to ensure a better balance of the interests of the heirs and the deceased's creditors in the process of adoption of inheritance in Lithuania.
Institute of Adoption of Inheritance in Comparative Aspect The Master's thesis provides an interpretation of the legal nature of the adoption of inheritance, significance of succession systems recognized in European countries for adoption of inheritance, focusing on systems of succession recognized in countries of continental law tradition (the systems of acceptance and renunciation of inheritance). It explains the impact of adoption of inheritance on the interests of the heirs and the deceased's creditors in the system of acceptance of inheritance and in the system of renunciation of inheritance. The comparative analysis method compares the norms of Institute of Adoption of Inheritance of the Civil Code of the Republic of Lithuania, which have an influence on the balance of the interests of the heir and the deceased's creditors in the process of adoption of inheritance, with the relevant legal norms of inheritance law established in the legislation of Latvia and Estonia. The following provisions of adoption of inheritance have been analyzed: methods of adoption of inheritance and the participation of deceased's creditors in the process of adoption of inheritance, the legal status of the beneficiaries of the compulsory portion of inheritance and legacies, the compatibility of the term for adoption of inheritance and the term for the claims of the deceased's creditors, the effect of renunciation of inheritance for the deceased's creditors and heir's creditors. It also provides insights, how by using good examples of established legal regulation of adoption of inheritance in Latvia and Estonia, it would be possible to ensure a better balance of the interests of the heirs and the deceased's creditors in the process of adoption of inheritance in Lithuania.
Institute of Adoption of Inheritance in Comparative Aspect The Master's thesis provides an interpretation of the legal nature of the adoption of inheritance, significance of succession systems recognized in European countries for adoption of inheritance, focusing on systems of succession recognized in countries of continental law tradition (the systems of acceptance and renunciation of inheritance). It explains the impact of adoption of inheritance on the interests of the heirs and the deceased's creditors in the system of acceptance of inheritance and in the system of renunciation of inheritance. The comparative analysis method compares the norms of Institute of Adoption of Inheritance of the Civil Code of the Republic of Lithuania, which have an influence on the balance of the interests of the heir and the deceased's creditors in the process of adoption of inheritance, with the relevant legal norms of inheritance law established in the legislation of Latvia and Estonia. The following provisions of adoption of inheritance have been analyzed: methods of adoption of inheritance and the participation of deceased's creditors in the process of adoption of inheritance, the legal status of the beneficiaries of the compulsory portion of inheritance and legacies, the compatibility of the term for adoption of inheritance and the term for the claims of the deceased's creditors, the effect of renunciation of inheritance for the deceased's creditors and heir's creditors. It also provides insights, how by using good examples of established legal regulation of adoption of inheritance in Latvia and Estonia, it would be possible to ensure a better balance of the interests of the heirs and the deceased's creditors in the process of adoption of inheritance in Lithuania.
The modernity theories of western-type societies are understood as a process, when a developing society approaches developed societies, reaching a certain level of economic growth, a certain level of public participation or a certain phase of democratic development, giving access for more individuals to the physical, social and economic mobility. In modern societies, the educational institution has become one of the key factors to ensure the stimulating and securing mobility of individuals. The modern world gives the education prominence in modern societies. Education has become a major means to climb up the ladder of social classes. Therefore, education has to be compulsory so that it prevents people from creating social groups that could turn into ones nonintegral, excluded from society. The aim of modern society is to provide equal opportunities to everyone to learn and meet the needs of the times. According to the modernity theory the Institution of Education should become the basis of social security protecting the individual from various social risks in the future. According to functionalists, each social element of a society as a whole, including the educational institution, contributes to the stability of society. [.]
The modernity theories of western-type societies are understood as a process, when a developing society approaches developed societies, reaching a certain level of economic growth, a certain level of public participation or a certain phase of democratic development, giving access for more individuals to the physical, social and economic mobility. In modern societies, the educational institution has become one of the key factors to ensure the stimulating and securing mobility of individuals. The modern world gives the education prominence in modern societies. Education has become a major means to climb up the ladder of social classes. Therefore, education has to be compulsory so that it prevents people from creating social groups that could turn into ones nonintegral, excluded from society. The aim of modern society is to provide equal opportunities to everyone to learn and meet the needs of the times. According to the modernity theory the Institution of Education should become the basis of social security protecting the individual from various social risks in the future. According to functionalists, each social element of a society as a whole, including the educational institution, contributes to the stability of society. [.]
The institute of administrative order is applicable in many states when less dangerous administrative violations are made. Until January 1, 2011, all administrative legal offences regadless of their gravity degree were investigate according a common procedure in Lithuania. Only after the alterations of the Code of Administrative Violations, adopted in November, 18, 2010, came into force and the institute of administrative order was established, the possibility to avoid the long process of investigation and examination in cases when less dangerous violations are made appeared. As a consequence of adoption of this institute, the workload of the courts and other institutions, authorized to investigate and examine administrative violations, was reduced; the costs are saved due to the shortage of the administrative violation case procedures. The essence of administrative order is that it is offered for the person within ten working days from the date the protocol of administrative violation is presented (in cases when the violation is recorded not in the presence of the person suspected in performance of administrative violation - from the date the administrative protocol together with the administrative order are sent) to pay half of the minimal fine (but not less than ten litas), established in one of the articles foreseeing liability for administrative violations in Chapter II of the Code, on voluantary basis. Administrative order may be issued not in all cases, only when all conditions applied to issuance of administrative order are satisfied. Anyhow, when applying this institute in practise a few problems arose: not all subject having competence to apply administrative order are capable to properly identify the monetary amount of administrative order in specific cases, when the sanction of article of the Code, where a particular violation is described, does not foresee minimal fine; it is not clear if a person who violated specific article and paid the fine indicated in the administrative order, is presumed as being punished by administrative liabilty; is it possible to apply administrative order in cases when a specific sanction of the article of the Code foresee the only sanction - the warning; is it possible to apply administrative order in cases when the alternative penalty foreseen in the particular santion is not only a fine or warning; by what means the subject issuing administrative order may receive the information about previous punishments of the person, and the information whether the person has paid the fine prescribed by the administrative order. All those problematic issues are discussed in the article. It is analyzed whether the aims of the legislative subjects and initiators of this norm where reached in practice. The authors of the article present proposals for improvement of legal regulation and solution of the above-mentioned problems. ; 2011 m. sausio 1 d., įsigaliojo Administracinių teisės pažeidimų kodekso (toliau – ir ATPK) pakeitimai, įtvirtinantys administracinio nurodymo institutą. Šio instituto įtraukimą į nacionalinę teisės sistemą sąlygojo keletas priežasčių, tai ir siekis bent iš dalies išspręsti nuolat eskaluojamą klausimą, dėl ypatingai didelio teismų darbo krūvio, ir noras pagreitinti administracinių teisės pažeidimų bylų procesą dėl mažiausiai pavojingų veikų, ir galimybė efektyviau surinkti į valstybės biudžetą lėšas, už paskirtas administracines nuobaudas. Straipsniu siekiama išanalizuoti administracinio nurodymo turinį, jo taikymo sąlygas. Atskleidžiami teisinio reguliavimo trūkumai, kurie susidarė įvedus šį institutą, tačiau nepakoregavus, nepapildžius iki tol galiojusio teisinio reguliavimo. Pasitelkiant konkrečias bylas, siekiama nustatyti, ar taikant administracinio nurodymo institutą praktikoje, pasiteisino įstatymų leidėjo, įstatymo iniciatorių ir rengėjų tikslai1, ar šis institutas, jo turinys, tinkamai suprastas ir aiškinamas tų subjektų, kuriems pagal kompetenciją priklauso jį taikyti. Pateikiami siūlymai dėl esamo teisinio reguliavimo tobulinimo.
This Master's thesis analyzes the dynamic interpretation and application of the institute of a preliminary agreement in Lithuanian court practice within recent decade. The author emphasizes the substantial problems concerning the preliminary agreement; introduces the evaluation of the positions made by the courts, versions of the solution of the problems. Obligatory elements and conditions of the content of the preliminary agreement are set in this thesis. It is emphasized that the parties of the preliminary agreement must specify the essential conditions of the main agreement, among which, undoubtedly, the object of the main agreement must be pointed out. Inconsistency of interpretation of the payment made pursuant to the preliminary agreement in the court practice is chronologically introduced and evaluated and conclusion is drawn that the transfer of money made pursuant to the preliminary agreement does not fail to meet the requirements of mandatory provisions of law. On the contrary, the seriousness of the intention of the party is indicated by the transfer of money. Moreover, it is emphasized that the set condition of the advance payment in the preliminary agreement cannot be the base to qualify it as the main agreement if the content of the agreement solely shows that the parties are in favour to conclude the preliminary agreement. In addition, the problematic issue concerning civil liability is analyzed. On the basis of the analysis of the court practice the author discloses the amount of damages which should be reimbursed in the breach of the preliminary agreement. It is emphasized, that they cover not only direct damages, but also monetary value of the lost opportunity. The number of methods to calculate this structure applied in the court practice does not only give a feeling of surprise but also creates the sense of uncertainty for the parties of the civil-juridical relationship. In connection to this it is suggested to establish a single method to calculate the amount of lost opportunity in the court practice. The author highlights the consistent following of the rule "the party of the preliminary agreement cannot be compelled to conclude the main agreement" in the court practice. However, this rule is forgotten in consideration of the preliminary agreement which is specified in the Article 6.401 of the Civil Code – in this case the courts ignore the principle of the freedom of the agreement (at least regarding the purchaser). In order to avoid further disagreements and obscurities the legislator is offered to unilaterally establish the statement that the preliminary agreement cannot be enforced in any case.
This Master's thesis analyzes the dynamic interpretation and application of the institute of a preliminary agreement in Lithuanian court practice within recent decade. The author emphasizes the substantial problems concerning the preliminary agreement; introduces the evaluation of the positions made by the courts, versions of the solution of the problems. Obligatory elements and conditions of the content of the preliminary agreement are set in this thesis. It is emphasized that the parties of the preliminary agreement must specify the essential conditions of the main agreement, among which, undoubtedly, the object of the main agreement must be pointed out. Inconsistency of interpretation of the payment made pursuant to the preliminary agreement in the court practice is chronologically introduced and evaluated and conclusion is drawn that the transfer of money made pursuant to the preliminary agreement does not fail to meet the requirements of mandatory provisions of law. On the contrary, the seriousness of the intention of the party is indicated by the transfer of money. Moreover, it is emphasized that the set condition of the advance payment in the preliminary agreement cannot be the base to qualify it as the main agreement if the content of the agreement solely shows that the parties are in favour to conclude the preliminary agreement. In addition, the problematic issue concerning civil liability is analyzed. On the basis of the analysis of the court practice the author discloses the amount of damages which should be reimbursed in the breach of the preliminary agreement. It is emphasized, that they cover not only direct damages, but also monetary value of the lost opportunity. The number of methods to calculate this structure applied in the court practice does not only give a feeling of surprise but also creates the sense of uncertainty for the parties of the civil-juridical relationship. In connection to this it is suggested to establish a single method to calculate the amount of lost opportunity in the court practice. The author highlights the consistent following of the rule "the party of the preliminary agreement cannot be compelled to conclude the main agreement" in the court practice. However, this rule is forgotten in consideration of the preliminary agreement which is specified in the Article 6.401 of the Civil Code – in this case the courts ignore the principle of the freedom of the agreement (at least regarding the purchaser). In order to avoid further disagreements and obscurities the legislator is offered to unilaterally establish the statement that the preliminary agreement cannot be enforced in any case.
This Master's thesis analyzes the dynamic interpretation and application of the institute of a preliminary agreement in Lithuanian court practice within recent decade. The author emphasizes the substantial problems concerning the preliminary agreement; introduces the evaluation of the positions made by the courts, versions of the solution of the problems. Obligatory elements and conditions of the content of the preliminary agreement are set in this thesis. It is emphasized that the parties of the preliminary agreement must specify the essential conditions of the main agreement, among which, undoubtedly, the object of the main agreement must be pointed out. Inconsistency of interpretation of the payment made pursuant to the preliminary agreement in the court practice is chronologically introduced and evaluated and conclusion is drawn that the transfer of money made pursuant to the preliminary agreement does not fail to meet the requirements of mandatory provisions of law. On the contrary, the seriousness of the intention of the party is indicated by the transfer of money. Moreover, it is emphasized that the set condition of the advance payment in the preliminary agreement cannot be the base to qualify it as the main agreement if the content of the agreement solely shows that the parties are in favour to conclude the preliminary agreement. In addition, the problematic issue concerning civil liability is analyzed. On the basis of the analysis of the court practice the author discloses the amount of damages which should be reimbursed in the breach of the preliminary agreement. It is emphasized, that they cover not only direct damages, but also monetary value of the lost opportunity. The number of methods to calculate this structure applied in the court practice does not only give a feeling of surprise but also creates the sense of uncertainty for the parties of the civil-juridical relationship. In connection to this it is suggested to establish a single method to calculate the amount of lost opportunity in the court practice. The author highlights the consistent following of the rule "the party of the preliminary agreement cannot be compelled to conclude the main agreement" in the court practice. However, this rule is forgotten in consideration of the preliminary agreement which is specified in the Article 6.401 of the Civil Code – in this case the courts ignore the principle of the freedom of the agreement (at least regarding the purchaser). In order to avoid further disagreements and obscurities the legislator is offered to unilaterally establish the statement that the preliminary agreement cannot be enforced in any case.
This Master's thesis analyzes the dynamic interpretation and application of the institute of a preliminary agreement in Lithuanian court practice within recent decade. The author emphasizes the substantial problems concerning the preliminary agreement; introduces the evaluation of the positions made by the courts, versions of the solution of the problems. Obligatory elements and conditions of the content of the preliminary agreement are set in this thesis. It is emphasized that the parties of the preliminary agreement must specify the essential conditions of the main agreement, among which, undoubtedly, the object of the main agreement must be pointed out. Inconsistency of interpretation of the payment made pursuant to the preliminary agreement in the court practice is chronologically introduced and evaluated and conclusion is drawn that the transfer of money made pursuant to the preliminary agreement does not fail to meet the requirements of mandatory provisions of law. On the contrary, the seriousness of the intention of the party is indicated by the transfer of money. Moreover, it is emphasized that the set condition of the advance payment in the preliminary agreement cannot be the base to qualify it as the main agreement if the content of the agreement solely shows that the parties are in favour to conclude the preliminary agreement. In addition, the problematic issue concerning civil liability is analyzed. On the basis of the analysis of the court practice the author discloses the amount of damages which should be reimbursed in the breach of the preliminary agreement. It is emphasized, that they cover not only direct damages, but also monetary value of the lost opportunity. The number of methods to calculate this structure applied in the court practice does not only give a feeling of surprise but also creates the sense of uncertainty for the parties of the civil-juridical relationship. In connection to this it is suggested to establish a single method to calculate the amount of lost opportunity in the court practice. The author highlights the consistent following of the rule "the party of the preliminary agreement cannot be compelled to conclude the main agreement" in the court practice. However, this rule is forgotten in consideration of the preliminary agreement which is specified in the Article 6.401 of the Civil Code – in this case the courts ignore the principle of the freedom of the agreement (at least regarding the purchaser). In order to avoid further disagreements and obscurities the legislator is offered to unilaterally establish the statement that the preliminary agreement cannot be enforced in any case.
The master's thesis studies the notion of an information and consultation institute, aspects on international and European regulation, and their influence on the development of the Lithuanian institute of information and consultation. Analyzes absence of regulation and implementation problems in the field of employee information and consultation issues. The paper provides suggestions for solving existing problems. Carried analysis has shown that in recent years, ensuring the rights of employees to information and consultation in Lithuania has been regulated in a more at the theoretical level, the role of employee representatives in the perspective of social dialogue development has been strengthened, but various initiatives and education need to promote more active establishment and functioning of these institutions. It is likely that in future employees' right to information and consultation will be more active and effective in ensuring the rights of these employees.
