Problematic Aspects of Restitution as a Consequence of Invalid Transactions
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Abstract
The article deals with the law of restitutions concentrating on restitution in legal disputes concerning invalid transactions. The origins and definition of restitution are being analysed, as well as a broad spectrum of doctrinal opinions in regard to the legal essence of restitution.
Actuality of the topic is preconditioned by the adoption of the new Civil Code of the Republic of Lithuania and its novelties in the field of restitution. There is a need to establish a relation between the norms regulating restitution and the norms regulating unjust enrichment. Lithuanian courts are facing a substantial increase in number of complex legal cases concerning invalid transactions where court decisions affect not only the parties to a transaction annulled but also rights and obligations of many other participants of the civil transactions.
Systemic, comparative, historic and other scientific methods have been used for the analysis of the topic, the theoretical part of the article has been complemented with the case material.
Actuality of the topic is preconditioned by the adoption of the new Civil Code of the Republic of Lithuania and its novelties in the field of restitution. There is a need to establish a relation between the norms regulating restitution and the norms regulating unjust enrichment. Lithuanian courts are facing a substantial increase in number of complex legal cases concerning invalid transactions where court decisions affect not only the parties to a transaction annulled but also rights and obligations of many other participants of the civil transactions.
Systemic, comparative, historic and other scientific methods have been used for the analysis of the topic, the theoretical part of the article has been complemented with the case material.
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Section
Articles
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