Nuosavybės teisės doktrina ir Lietuvos Respublikos civilinis kodeksas

Abstract

The institute of private property in the present–day Lithuania's civil law has emerged under specific circumstances, i. e. while regaining the independence of Lithuania, implementing the reform of the legal system and economy, seeking to form private property and create the conditions for the free market economy.
The modern Western European doctrine of property law which underwent numerous changes in the beginning of the 20th century was the main and most important condition for the production of the new Civil Code. However, traditionally the new Civil Code was largely influenced by the Russian legal doctrine that had a direct impact on the Lithuanian law. Apart from that, after the second World War, the Lithuanian law and the doctrine of civil law were under the influence of socialist ideology. Therefore, the application of the doctrine of property law for the new Civil Code of Lithuania was affected by stereotypical regulations formed throughout the decades and due to this it was not sufficiently consistent.
Modern and traditional doctrine regulations intertwined within the framework of the norms of the Civil Code present certain difficulties while explaining their contents. Therefore, the present paper aims to disclose the historical and doctrinal conditions of the interpretation of the essence of property law and the norms regulating property relations. The key issue of this paper states that property law is an inalienable constitutional human right whose essence and contents cannot be disclosed by the so–called „triads” of the owner’s rights borrowed from the old civil code. The other issue is the unity of the property law and circulation objects which forms the effective legal mechanism of civil law circulation as well as the conditions to ensure the owner’s rights not only by traditional remedies determined by material law. The conclusion has been drawn that in order to disclose the contents of the norms of property law and their interpretation it is imperative to rely not only on the Constitution of the Republic of Lithuania or other acts but also on the Convention of Human Rights and the protection of the core rights and their application as well as on the modern doctrine of property law which treats the contents of property law and the concept of its object much wider than it is conventional for the Lithuanian law doctrine.