Summary. A set-off as a ground for discharge of obligations and its application in court practice. The law of set–off provides another example of haw our modern legal thinking is still unconsciously dominated by Roman law. Both in modern and in Roman law are the rules relating to compensatio or set-off – from purely dogmatic point of view probably the most interesting manner of terminating an obligation. The law of set-off is based on tradition reaching back to Roman law. Nowadays, it should be noted that set-off is very considerable practical significance, on both a national and international level, it covers an enormous range of situations. The law of set-off is used in private and in public law too. Though, the law of set-off is used in many cases, but set-off has not traditionally been a topic to which a large amount of scholarly attention has been devoted. Because of this vacancy we decided to write this topic - A set-off as a ground for discharge of obligations and its application in court practice. Purpose of this topic was: • Determinate the background institution of set-off; • Discuss the articles 6.130 – 6.140 of our civil code; • Determinate how the law of set-off is used in our courts practice. • Discuss problematical aspects the institution of set-off; • Show different regimes concerning the effect of set-off. The law of the set-off was regulated in 1964 civil code, but this regulation was incomplete. Our new civil code became operative in 2001. This civil code... [toliau žr. visą tekstą] / Summary. A set-off as a ground for discharge of obligations and its application in court practice. The law of set–off provides another example of haw our modern legal thinking is still unconsciously dominated by Roman law. Both in modern and in Roman law are the rules relating to compensatio or set-off – from purely dogmatic point of view probably the most interesting manner of terminating an obligation. The law of set-off is based on tradition reaching back to Roman law. Nowadays, it should be noted that set-off is very considerable practical significance, on both a national and international level, it covers an enormous range of situations. The law of set-off is used in private and in public law too. Though, the law of set-off is used in many cases, but set-off has not traditionally been a topic to which a large amount of scholarly attention has been devoted. Because of this vacancy we decided to write this topic - A set-off as a ground for discharge of obligations and its application in court practice. Purpose of this topic was: • Determinate the background institution of set-off; • Discuss the articles 6.130 – 6.140 of our civil code; • Determinate how the law of set-off is used in our courts practice. • Discuss problematical aspects the institution of set-off; • Show different regimes concerning the effect of set-off. The law of the set-off was regulated in 1964 civil code, but this regulation was incomplete. Our new civil code became operative in 2001. This civil code... [to full text]
| Identifer | oai:union.ndltd.org:LABT_ETD/oai:elaba.lt:LT-eLABa-0001:E.02~2008~D_20110709_152154-48476 |
| Date | 09 July 2011 |
| Creators | Budrys, Renaldas |
| Contributors | Laužikas, Egidijus, Vilnius University |
| Publisher | Lithuanian Academic Libraries Network (LABT), Vilnius University |
| Source Sets | Lithuanian ETD submission system |
| Language | Lithuanian |
| Detected Language | English |
| Type | Master thesis |
| Format | application/pdf |
| Source | http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20110709_152154-48476 |
| Rights | Unrestricted |
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