| Abstract [eng] |
The present Master’s thesis contains specific features of spousal responsibility as per property obligations, specific bases of appearance of spousal obligations, discussion on types of spousal obligations, analysis of possibility to alter regulation of the legitimate spousal responsibility as per property obligations by way of spousal agreement. The thesis does highlight the issues being faced by courts of law in litigations arose among spouses and third persons. The topicality of the theme of the Master’s thesis is presupposed by inequality of practice being applied of Lithuanian courts of law, indeterminacy of legal regulation, and lack of the relevant comprehensive research literature. Most of claims related to spousal responsibility as per property obligations appear because of joint spousal obligations that arise due to unavailability of will of one of the spouses. A spouse, who did not participate in conclusion of a transaction has no possibility to influence material conditions and terms of the transaction, scope of legal consequences in case of failure to fulfil the transaction, and quite limited possibilities to make claim against such transaction. The other spouse must fulfil obligation arisen in the result of such transaction only because of the fact of a benefit received for the use of such benefit in the family interests. The concepts of ‘family interest’, ‘family need’ are very indistinct, containing no clear content, therefore the interests of a spouse who did not participate in conclusion of a transaction are often violated. The Thesis does provides a reasoned disclosure of situation when according to the valid legal regulation and existing practice of courts of law the interests of a creditor do prevail facing the interests of spouses. The author does look over the balance of interests of creditors and spouses in the level both legislation and law enforcement, and does propose some ways of solution of existing problems corresponding to principles of equality of parties and legal certainty. |
