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Подробности Подробности Год версии 2011 Даты вступление в силу: 1 июля 2001 г. Принят: 18 июля 2000 г. Тип текста Законодательство, связанное с ИС Предмет Антимонопольное законодательство, Исполнение законов об ИС, Промышленная собственность Примечания Смотрите Книгу шестую – Обязательственное право.

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Основной(ые) текст(ы) Основной(ые) текст(ы) Литовский Lietuvos Respublikos civilinis kodeksas, patvirtintas 2000 m. liepos 18 d. įstatymu Nr. VIII-1864 (su paskutiniais pakeitimais, padarytais 2011 m. birželio 9 d. įstatymu Nr. XI-1442)         Английский Civil Code of the Republic of Lithuania, of July 18, 2000, Law No. VIII-1864 (as amended on April 12, 2011, No XI-1312)        

CIVIL CODE

OF THE REPUBLIC OF LITHUANIA

18 July 2000 No VIII-1864 Vilnius

(Last amended on 12 April 2011 No XI-1312)

BOOK ONE

GENERAL PROVISIONS

PART I

CIVIL LAWS AND THEIR APPLICATION

CHAPTER I

CIVIL LAWS AND THE RELATIONSHIPS THEY REGULATE

Article 1.1. Relationships regulated by the Civil Code of the Republic of Lithuania

1. The Civil Code of the Republic of Lithuania shall govern property relationships and personal non-property relationships related with the aforesaid relations, as well as family relationships. In the cases provided for by laws, other personal non-property relationships shall likewise be regulated by this Code.

2. The provisions established by this Code shall apply to property relationships based on the legal subordination of persons to state institutions and directly resultant from their exercise of functions of state power (realization of subordination), or from the performance of persons’ obligations established by laws towards the state, or from the infliction of administrative or criminal sanctions established by laws, including relationships in the field of taxation and other obligatory payments or dues to the state or to its institutions, also in the field of the state budget, as well as to any other relationships governed by the provisions of public law to the extent that these relationships are not regulated by the relevant laws, also in the cases when it is expressly prescribed by this Code.

3. Labour relationships shall be regulated by special laws. The provisions of this Code shall apply to labour relations to the extent that they are not regulated by special laws.

Article 1.2. Principles of legal regulation of civil relationships

1. Civil relationships shall be regulated in accordance with the principles of equality of their subjects’ rights, inviolability of property, freedom of contract, non-interference in private relations, legal certainty, proportionality, and legitimate expectations, prohibition to abuse a right, as well as the principles of comprehensive judicial protection of civil rights.

2. No civil rights may be limited, except in the cases established by laws, or on the basis of a court judgment made in accordance with laws, where such limitation is necessary to protect public order, the principles of good morals, likewise the health and life of people, property of persons, their rights and lawful interests.

Article 1.3. Sources of civil law

1. The sources of the Civil law shall be the Constitution of the Republic of Lithuania, the present Code, other laws and international treaties of the Republic of Lithuania.

2. In the eventuality of contradictions between the present Code and other laws, the provisions of this Code shall apply, except in cases where this Code gives priority to the provisions of other laws.

3. When implementing legal acts of the European Union, other laws may lay down the norms, regulating civil legal relationships, other than those laid down by this Code. In this case the Civil Code shall apply to the extent other laws do not specify otherwise.

4. Civil relationships may be regulated by the decisions of the Government and legal acts of other state institutions only in the cases and to the extent expressly indicated by laws. Where legal acts of the Government or those of the other state institutions contradict the provisions of the present Code or the norms of other laws, the provisions of the Civil Code, or those of the other laws shall prevail.

5. A court has the right to declare a legal act or a part thereof void if it contradicts the Civil Code or another law in those cases where the supervision of the conformity of this act to the Constitution or to other laws is not within the competence of the Constitutional Court. The court, having recognized such a legal act to be void, shall within 3 days send a copy of its judgement to the institution or the official that has passed the legal act concerned. The res judicata court judgement shall be published in “Valstybės žinios” (“The Official Gazette”).

Article 1.4. Customs

1. In the cases established by laws or agreed on in contracts, civil relationships shall be regulated by customs.

2. Customs may not be applied if they are contrary to the mandatory legal norms or to the principles of good faith, reasonableness and justice.

Article 1.5. Application of the criteria of justice, reasonableness and good faith

1. In exercise of their rights and performance of their duties, the subjects of civil relationships shall act according to the principles of justice, reasonableness and good faith.

2. In the cases when laws do not prevent subjects of civil legal relationships from determining their mutual rights and duties upon agreement between themselves, these subjects shall act in accordance with the principles of justice, reasonableness and good faith.

3. If laws or an agreement between the parties provide for certain issues to be decided by a court according to its discretion, the court shall act in accordance with the principles of justice, reasonableness and good faith.

4. In interpreting and applying laws, the court shall be guided by the principles of justice, reasonableness and good faith.

Article 1.6. Ignorance of laws or improper understanding thereof

Ignorance of laws or improper understanding thereof shall not exempt from the application of the sanctions established therein, and shall not justify the failure to comply with the requirements of laws, likewise improper compliance therewith.

Article 1.7. The effect of civil laws

1. Civil laws and the other legal acts regulating civil relationships shall enter into force only upon their publication within the procedure established by the laws.

2. Civil laws and other legal acts regulating civil relationships shall have no retroactive effect.

Article 1.8. Analogy of a statute and law

1. Civil relationships not regulated by the norms of the Civil law shall be governed by civil laws that regulate similar relationships (analogy of statute).

2. In absence of relevant civil laws regulating similar relationships, general principles of law shall be applied (analogy of law).

3. Special norms, i.e. those establishing exceptions to general rules, may not be applied by analogy.

Article 1.9. Principles of interpretation of the Civil Code provisions

1. In order to ensure the integrity of the present Code and the conformity of its separate structural parts, the provisions of this Code in the process of their application shall be interpreted by taking into account the structure and system of this Code.

2. The words and word combinations used in this Code shall be interpreted according to their general meaning, except in those cases where it is clear from the context that a word or word combination is used in a special – legal, technical or any other – meaning. In the cases of non-conformity between the general and the special meaning of a word, priority shall be given to the special meaning.

3. In determining the right meaning of an applicable norm, the purposes and tasks of the Civil Code and the norm concerned shall be taken into consideration.

CHAPTER II

PRIVATE INTERNATIONAL LAW

SECTION ONE

GENERAL PROVISIONS

Article 1.10. Application of foreign law

1. Foreign law shall apply to civil relationships where it is so provided for by the international treaties of the Republic of Lithuania, agreements between the parties or the laws of the Republic of Lithuania.

2. A reference to foreign law shall include all the provisions applicable to the facts of a case under that law. The application of a provision of foreign law may not be precluded solely because of the provision being attributed to public law.

3. A reference to an applicable foreign law means a reference to the national material law of the state concerned, but not a reference to the private international law of that state, except in cases provided for by this Code.

4. Where the legal system of the state to which the renvoi is made by the provisions of this Code comprises different legal systems based on the criteria of division into several territorial units, a reference to an applicable foreign law shall mean a reference to the legal system of the relevant territory determined in accordance with the criteria established in the law of that foreign state.

5. Where the legal system of the state to which renvoi is made by the provisions of this Code comprises several legal systems applied to different categories of persons, the applicable legal systems shall be determined in accordance with the criteria established in the law of that foreign state.

6. Where the criteria foreseen in paragraphs 4 and 5 of this Article may not be identified within the scope of the applicable foreign law, the law of the legal system to which the relevant case is most closely connected shall apply.

Article 1.11. Limitation of the application of foreign law

1. The provisions of foreign law shall not be applied where the application thereof might be inconsistent with the public order established by the Constitution of the Republic of Lithuania and other laws. In such instances, the civil laws of the Republic of Lithuania shall apply.

2. Mandatory provisions of laws of the Republic of Lithuania or those of any other state most closely related with a dispute shall be applicable regardless of the fact that another foreign law has been agreed upon by the parties. In deciding on these issues, the court shall take into consideration the nature of these provisions, their purpose and the consequences of application or non-application thereof.

3. In accordance with this Code, the applicable foreign law may not be given effect where, in the light of all attendant circumstances of the case, it becomes evident that the foreign law concerned is clearly not pertinent to the case or its part, with the case in question being more closely connected with the law of another state. This provision shall not apply where the applicable law is determined by the agreement of the parties.

Article 1.12. Determination of the content of foreign law

1. In the cases established by the international treaties of the Republic of Lithuania or by the laws of the Republic of Lithuania, the application, interpretation and determination of the content of foreign law shall be performed by the court ex officio (on its own initiative).

2. In the instances where the application of foreign law is established upon agreement between the parties, the burden of proof in relation to the content of the applicable foreign law in accordance with its official interpretation, practice of application and the law doctrine in the relevant foreign state, shall be imposed on the disputing party that refers to the foreign law. Upon request of the disputing party, the court may provide assistance in collecting information on the applicable foreign law.

3. If the court or the disputing party that refers to foreign law fails to perform the obligation indicated in paragraphs 1 and 2 of this Article, the law of the Republic of Lithuania shall apply.

4. In the exceptional cases where it is necessary to take immediate interim measures to protect the rights or the property of a person, the court may decide on the urgent questions by applying the law of the Republic of Lithuania pending the determination of the law applicable to the dispute and the content thereof.

Article 1.13. International treaties

1. Where the provisions established in the international treaties of the Republic of Lithuania are different from those determined by the present Code and other laws of the Republic of Lithuania, the provisions of the international treaties of the Republic of Lithuania shall apply.

2. The international treaties of the Republic of Lithuania shall apply to civil relationships directly, except in cases where an international treaty establishes that a special national legal act is necessary for its application.

3. The provisions of international treaties shall be applied and interpreted in accordance with their international character and the necessity to guarantee a unified interpretation and application thereof.

Article 1.14. Referring back and referring to the law of a third state (renvoi)

1. If the applicable foreign law refers back to the Lithuanian law, that reference shall be observed only in the instances provided for by this Code or the foreign law.2. If the applicable foreign law refers to the law of a third state, that reference shall be observed only in the instances provided for by this Code or the law of the third state.

3. If in the matters of determining the civil legal status of a person, the applicable foreign law refers back to the law of the Republic of Lithuania, such reference shall be observed.

4. Paragraphs 1, 2 and 3 of this Article shall not apply in the instances where the applicable law has been chosen by the parties to a transaction, likewise in determining the applicable law to the form of a transaction and to non-contractual obligations.

5. Where the provisions of this Chapter provide for the application of an international treaty (convention), the matters of renvoi, i.e. referring back and referring to the law of a third state, shall be decided in accordance with the provisions of the applicable international treaty (convention).

SECTION TWO

LAW APPLICABLE TO THE CIVIL LEGAL STATUS OF NATURAL PERSONS

Article 1.15. Civil capacity of foreign citizens and stateless persons

1. Foreign citizens in the Republic of Lithuania shall possess the same civil capacity as the citizens of the Republic of Lithuania. Exceptions to this rule may be established by the laws of the Republic of Lithuania.

2. The time of birth and death of foreign citizens shall be determined in accordance with the law of the state where was the domicile of the foreign citizens (Article 2.12 of this Code) at the moment of their birth or death.

3. Stateless persons shall possess the same civil capacity as the citizens of the Republic of Lithuania. Special exceptions to this rule may be established by the laws of the Republic of Lithuania.

4. The time of birth and death of stateless persons shall be determined in accordance with the law of the state where was the domicile of the stateless persons at the moment of their birth or death.

Article 1.16.Civil active capacity of foreign citizens and stateless persons

1. Civil active capacity of foreign citizens or stateless persons shall be governed by the laws of their state of domicile.

2. If such persons have no domicile or it cannot be determined with certainty, their legal active capacity shall be determined in accordance with the laws of the state within the territory of which these persons formed a relevant transaction.

3. If a person has residence in more than one state, the law of the state with which he is the most closely connected shall apply.

4. The ascertainment of incapacity or limited capacity of foreign citizens and stateless persons with permanent residence in the Republic of Lithuania shall be governed by the laws of the Republic of Lithuania.

5. A change of domicile shall not affect civil active capacity if that capacity was acquired prior to the change of domicile.

Article 1.17. Prohibition to invoke incapacity

1. A party to a transaction, who is incapable under the law of the state of his domicile may not invoke his incapacity if he was capable under the law of the state in which the transaction was formed, unless the other party was or should have been aware of the first party’s incapacity under the law of the state of the latter’s domicile.

2. Provisions of paragraph 1 of this Article shall not apply to family law and the law of succession, as well as to real rights.

Article 1.18. Declaration of foreign citizens and stateless persons to be missing or dead

Foreign citizens and stateless persons shall be acknowledged missing or declared dead in accordance with the law of the state of their last known domicile.

SECTION THREE

LAW APPLICABLE TO LEGAL PERSONS OR ANY OTHER ORGANISATIONS

Article 1.19. Civil capacity of foreign legal persons or any other organisations

1. Civil capacity of foreign legal persons or any other organisations shall be governed by the laws of the state where these persons or organizations are founded.

2. If the procedure of founding a foreign legal person or any other organisation has been violated, its civil capacity shall be determined by the law of the state of its actual functioning.

3. Irrespective of the state of foundation of a legal person or any other organisation, the civil capacity of its subdivisions shall be determined in accordance with the law of the Republic of Lithuania if the head office, principal place of business or other activity of the subdivision is located in the Republic of Lithuania.

4. Merger, association or transfer of the head office of legal persons or any other organizations, one of which is located in the Republic of Lithuania and the other in a foreign state, shall have effect on their civil capacity in the Republic of Lithuania only if implemented in conformity with the laws of both states concerned.

Article 1.20. Issues regulated in accordance with the applicable law

1.The following shall be regulated in accordance with the applicable law determined in Article 1.19 of this Code:

1) the legal nature (legal form and status) of a legal person or any other organization;

2) foundation, reorganization and liquidation of a legal person or any other organization;

3) the name of a legal person or any other organization;

4) the system and competence of the bodies of a legal person or any other organization;

5) civil liability of a legal person or any other organization;

6) the power to represent a legal person or any other organization;

7) legal effects of the violation of laws or incorporation documents;

2. Protection against infringement of the business name of a legal person or any other organization registered in the Republic of Lithuania shall be governed by the law of the Republic of Lithuania.

Article 1.21. Law applicable to the representative offices and branches of foreign legal persons or any other organizations

1. Representative offices and branches of foreign legal persons or any other organizations registered in the Republic of Lithuania shall be governed by the law of the Republic of Lithuania.

2. At least one of the persons acting on behalf of a representative office or a branch shall be bound to reside in the Republic of Lithuania. This provision shall not apply to representative offices or branches, established in the Republic of Lithuania, of the legal persons or other organizations of the member states of the European Union and the states of the European Economic Area.

3. The rights and obligations (competence) of the persons acting on behalf of a representative office or a branch registered in the Republic of Lithuania shall be determined by the law of the Republic of Lithuania.

Article 1.22. Law applicable to representatives of foreign legal persons or any other organizations and to their civil liability

1. If the business of a legal person or any other organization founded under foreign law is conducted in the Republic of Lithuania, the civil liability of the persons acting on behalf and in the interests of those legal persons or any other organizations shall be governed by the law of the Republic of Lithuania.

2. A legal person or any other organization may not claim for annulment or invalidity of a transaction formed by its body or any other representatives in excess of their competence (powers) if the law of the state where the domicile or the head office of the other party to the transaction is located does not provide for any restrictions on their representative powers, unless the other party knew or, taking into account its position and the relationship with the other party, should have known of such restrictions.

Article 1.23. Law applicable to the state and state institutions as well as to local governments and local government institutions as subjects to civil legal relationships

Civil capacity of the state and state institutions as well as those of local governments and local government institutions shall be governed by the law of the state concerned.

SECTION FOUR

LAW APPLICABLE TO FAMILY LEGAL RELATIONSHIPS

Article 1.24. Law applicable to a promise to marriage

1. A promise to marry and its legal effects shall be governed by the law of the state of domicile of the parties to the promise.

2. Where the parties to the promise of marriage are domiciled in different states, the promise of marriage and its legal effects shall be governed by the law of the place where the promise was made, or by the law of the state of domicile of one of the parties, or by the law of the state of citizenship of one of the parties, whichever law is most closely related with the dispute.

Article 1.25. Law applicable to the conditions to contract marriage

1. Matrimonial capacity and other conditions to contract marriage shall be governed by the law of the Republic of Lithuania.

2. Civil Registration Bureaus of the Republic of Lithuania shall have jurisdiction to perform the registration of marriage if either of the persons intending to marry is domiciled in the Republic of Lithuania or is a Lithuanian citizen at the time of solemnization of the marriage.

3. Matrimonial capacity and other conditions to contract marriage in respect of foreign citizens and stateless persons without Lithuanian domicile may be determined by the law of the state of domicile of both persons intending to marry if such marriage is recognized in the state of domicile of either of them.

4. A marriage validly performed abroad shall be recognized in the Republic of Lithuania, except in cases when both spouses domiciled in the Republic of Lithuania performed the marriage abroad with the purpose of evading grounds for nullity of their marriage under Lithuanian law.

Article 1.26. Law applicable to the procedure of contracting marriage

The procedure of contracting marriage shall be determined in accordance with the law of the state where the marriage is solemnized. Marriage shall also be recognized valid if the procedure of its contracting is in compliance with the requirements of the law of the state of domicile of either of the spouses or the law of the state of citizenship of either of them at the moment of solemnization of the marriage.

Article 1.27. Law applicable to personal relations between spouses

1. Personal relations between spouses shall be governed by the law of the state of their domicile.

2. Personal relations between the spouses domiciled in different states shall be governed by the law of the state of their last common domicile. Where the spouses have never had a common domicile, the law applicable to their personal relations shall be the law of the state to which the personal relations between the spouses are the most closely related. Where it is not possible to determine to the law of which state the personal relations between the spouses are the most closely related, the law of the state where the marriage was solemnized shall apply.

Article 1.28. Law applicable to matrimonial property relations between spouses

1. The matrimonial property legal regime shall be governed by the law of the state of domicile of the spouses. Where the spouses are domiciled in different states, the law of their common state of citizenship shall apply. Where the spouses have never had a common domicile and are citizens of different states, the law of the state where the marriage was solemnized shall apply.

2. The law applicable to contractual legal regime of matrimonial property shall be determined by the law of the state chosen by the spouses upon agreement. In this event, the spouses may choose the law of the state in which they are both domiciled or will be domiciled in future, or the law of the state in which the marriage was solemnized, or the law of the state a citizen of which is one of the spouses. The agreement of the spouses upon the applicable law shall be valid if it is in compliance with the requirements of the law of the chosen state or the law of the state in which the agreement is made.

3. The applicable law chosen upon agreement of the spouses may be invoked against third persons only if they knew or should have known of that fact, i.e. if the third party knew or should have known the chosen law that governed the matrimonial property regime when the legal relationship commenced.

4. The applicable law chosen upon agreement of the spouses may be used in resolving a dispute related to real rights in immovable property only in the event if the requirements of public registration of this property and of the real rights therein, as determined by the law of the state where the property is located, were complied with.

5. Any agreed change of matrimonial property legal regime shall be governed by the law of the state of domicile of the spouses at the time of the change. If the spouses were domiciled in different states at the time of change of the matrimonial property legal regime, the applicable law shall be the law of their last common domicile, or failing that, the law governing matrimonial property relationships between the spouses.

Article 1.29. Law applicable to separation and dissolution of marriage

1. Separation and dissolution of marriage shall be governed by the law of the spouses’ state of domicile.

2. If the spouses do not have their common domicile, the law of the state of their last common domicile shall apply, or failing that, the law of the state where the case is tried.

3. If the law of the state of common citizenship of the spouses does not permit dissolution of marriage or imposes special conditions for dissolution, the dissolution of marriage may be performed in accordance with the law of the Republic of Lithuania if one of the spouses is also a Lithuanian citizen or is domiciled in the Republic of Lithuania.

Article 1.30. Jurisdiction in the cases of annulment, dissolution of marriage and separation

The courts of the Republic of Lithuania shall have jurisdiction over actions of annulment, dissolution of marriage or separation in the cases provided for by the Code of Civil Procedure of the Republic of Lithuania.

Article 1.31. Law applicable to the ascertainment of the origin of a child (legitimation)

1. The origin of a child (ascertainment or contest of paternity or maternity) shall be established either in accordance with the law of the state the citizenship of which the child acquired at his birth, or with the law of the state which is recognized as the domicile of the child at the time of his birth, or with the law of the state in which one of the child’s parents is domiciled, or with the law of the state the citizen of which one of the parents was at the time of the child’s birth, whichever is more beneficial to the child.

2. The consequences of legitimation shall be governed by the law of the state of domicile of the child.

3. If a child or one of his parents is domiciled in the Republic of Lithuania, the questions of legitimation shall be decided by the courts or other state institutions of the Republic of Lithuania.

4. The parents’ (the father’s or the mother’s) legal active capacity in acknowledging paternity (maternity) shall be governed by the law of the state of his or her domicile at the time of the acknowledgement. The form of the acknowledgement of paternity (maternity) shall be governed by the law of the state in which it is made or by the law of the state of the child’s domicile.

5. The provisions of this Article shall also apply to the legitimation of a child born out of wedlock.

Article 1.32. Law applicable to relations between the parents and the child

1. Personal and property relationships between the parents and the child shall be governed by the law of the state of the child’s domicile.

2. If neither parent is domiciled in the state of the child’s domicile, while the child and the parents are citizens of the same state, the law of the state of their common citizenship shall apply.

Article 1.33. Law applicable to adoption relationship

1. Relationships of adoption shall be governed by the law of the state of the child’s domicile.

2. Where it becomes evident that the adoption performed according to the law of the state of the child’s (the adoptee’s) domicile will not be recognized in the state of domicile or citizenship of the adoptive parents (adoptive parent), the adoption may be performed pursuant to the law of the state of domicile or citizenship of the adopter (the adopters) if this will not prejudice the best interests of the child. If the recognition of adoption remains uncertain, the adoption shall not be allowed.

3. Relations between the adopted person (the adoptee) on the one side, and the adopting persons (the adopters) and the relatives of the latter on the other side shall be governed by the law of the state of the adopters’ (the adopter’s) domicile.

4. Cases related with adoption shall belong to the jurisdiction of the courts of the Republic of Lithuania if the child (the adoptee) or the adopting persons (adopting person) are domiciled in the Republic of Lithuania.

Article 1.34. Law applicable to protective measures in relation to minors, their guardianship and curatorship

Law applicable to protection of minors, their guardianship and curatorship shall be determined pursuant to the Hague Convention of 5 October 1961 concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Minors.

Article 1.35. Law applicable to guardianship and curatorship of family members who have reached majority

1. Guardianship and curatorship of family members who have reached majority shall be governed by the law of the state of such incapable persons’ domicile.

2. Cases related with guardianship or curatorship of persons who have reached majority shall belong to the jurisdiction of the courts of the Republic of Lithuania if the incapable person’s domicile or his property is located in the Republic of Lithuania.

Article 1.36. Law applicable to maintenance obligations (alimony relationships) within the family

Maintenance obligations (alimony) within the family shall be governed by the Hague Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations.

SECTION FIVE
LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS

Article 1.37. Law applicable to contractual obligations

1 Contractual obligations shall be governed by the law agreed by the parties. Such agreement of the parties may be expressed in the form of separate terms of the concluded contract or it may be determined in accordance with the factual circumstances of the case. The law of the state designated by the agreement of the contracting parties may be applied to the whole contract or only to a part or parts thereof.

2. The initially chosen law applicable to contractual obligations may be changed by the agreement of the parties at any time. A change of law shall be retroactive to the time the contract was concluded though such change may not adversely effect the rights of third persons and shall not prejudice the formal validity of the contract.

3. The choice of the law applicable to a contract as made by the agreement of the parties may not be the grounds for refusing to apply the mandatory legal norms of the Republic of Lithuania or those of any other state that cannot be changed or declined by the agreement of the parties.

4. If no law applicable to a contractual obligation is designated by the agreement of the contracting parties, the law of the state with which the contractual obligation is most closely connected shall apply. The contractual obligation shall be presumed to be the most closely connected with the state in the territory of which:

1) the party bound to perform the obligation most characteristic to the contract is domiciled or has its central administration. If the obligation is most closely connected with the law of the state where the business of the party to the obligation is located, the law of that state shall apply;

2) immovable property is located, if the subject matter of the contract is the right in the immovable property or the right to its use;

3) was the place of the principal business of a carrier at the time when the contract for carriage was made, if the state of the principal business of the carrier is also the same state where the cargo was loaded, or the head office of the sender is located, or the place the cargo was dispatched from.

5. Paragraph 4 of this Article shall not apply where it is impossible to determine the place of performance of the obligation most characteristic to the contract and the presumptions established in this paragraph may not be relied upon as it is evident from the circumstances of the case that the contract is most closely connected with another state.

6. A contract of insurance shall be governed by the law of the state where the domicile or the place of business of the insurer is located; a contract of insurance in respect to an immovable thing shall be governed by the law of the state in the territory of which the thing is located.

7. An arbitration agreement shall be governed by the law applicable to the principal contract, and in the case of invalidity of the principal contract, by the law of the place where the arbitration agreement was concluded, where it is impossible to identify the place of conclusion, the law of the state in which arbitration is situated shall apply.

8. Contracts concluded in a stock exchange or auction shall be governed by the law of the state in which the stock exchange or auction is located.

Article 1.38. Law applicable to the form of transaction

1. The form of transaction shall be governed by the provisions established in paragraph 1 of Article 1.37 of this Code.

2. If no applicable law is designated by the agreement of the parties, the form of transaction shall be governed by the laws of the place where the parties entered into that transaction. A contract made by the parties residing in different states shall also be considered valid if its form corresponds to the legal requirements in respect of the form of the relevant transaction established in the national law of at least one of those states.

3. The form of transactions regarding an immovable thing or the rights therein shall be governed by the law of the state in which the immovable thing is located.

4. The form of consumer contracts concluded in cases provided for in paragraph 1 of Article 1.39 of this Code shall be governed by the law of the place of the consumer’s domicile.

Article 1.39. Particularities of application of foreign law to consumer contracts

1. A consumer contract for the purposes of this Article as well as other Articles of this Code shall be a contract on the acquisition of goods or services concluded between a natural person (consumer) and a person who sells such goods or services (supplier) for the purposes not related with the consumer’s commercial or professional activities, i.e. for the satisfaction of the consumer’s personal, family or household needs.

2. The right of the contracting parties established in paragraph 1 of Article 1.37 of this Code to make a choice of the law applicable to a contractual obligation shall not result in depriving or restricting the consumer of the right to protect his interests by the remedies determined by the provisions of the law of the state of his domicile if:

1) the formation of the contract in the state of his domicile was preceded by a special offer or by advertising in that country;

2) the consumer was induced by the other contracting party to travel to a foreign state for the purpose of forming the contract;

3) the order was received by the other party or his agent from the consumer in the state of the latter’s domicile.

3. If the parties to a consumer contract have not made a choice of the applicable law, the law of the state in which the consumer is domiciled shall apply.

4. The provisions of this Article shall not apply to contracts for carriage, contracts for the supply of services where the services are to be supplied to the consumer exclusively in a country other than the Republic of Lithuania.

Article 1.40. Laws applicable to the form, time-limit of validity and content of a power of attorney

The form of a power of attorney shall be governed by the law of the state in the territory of which it is issued. The time-limit of validity of a power of attorney, where it is not indicated in the document itself, the powers (rights and obligations) of the agent, the bilateral liability of the principal and the agent, and their liability in respect of third persons shall be governed by the law of the state in which the agent acts.

Article 1.41. Law applicable to gift

1. Gifts shall be governed by the law of the state of the donor’s domicile or his business activities with the exception of contracts upon gifting of an immovable thing, as such contracts shall be governed by the law of the state where that immovable thing is located.

2. A gift cannot be declared invalid as to its form if the form corresponds to the requirements of the law of the state in which the act of gift was performed, or of the law of the state of the donor’s domicile or his place of business activities.

Article 1.42 Law applicable to the assignment of a claim and the assumption of debt

1. Relations connected with the assignability of a claim and the assumption of a debt shall be governed by the law chosen by the parties upon agreement.

2. The choice of law made by the parties in the assignment of a claim may not be applied against the debtor without his consent to the application of the chosen law.

3. In the event of the parties not having made a choice of the applicable law, relations connected with the assignability of a claim and the assumption of a debt shall be regulated by the law governing the principal obligation, the claim arising from which (the debt) is to be assigned (assumed).

4. The form of the assignment of a claim or the assumption of a debt shall be governed by the law applicable to the contract of assignment or assumption.

SECTION SIX

LAW APPLICABLE TO DELICTUAL OBLIGATIONS

Article 1.43. Law applicable to delictual obligations

1. Rights and obligations of the parties resulting from tort shall be governed, at the choice of the aggrieved party, either by the law of the state where the tortious act was committed or any other tortious circumstances occurred, or by the law of the state in which the damage occurred.

2. Where it is impossible to determine the place where the act was committed or other circumstances occurred, or the state in which the damage appeared, the law of the state most closely connected with the case upon reparation for damage shall apply.

3. After the incurrence of damage, the parties may agree that the law applicable to the reparation for damage shall be the law of the state where the case concerned is being heard.

4. If both parties are domiciled in the same state, the law of that state shall be applicable to the reparation for damage.

5. An obligation to make reparation for damage caused by defective products shall be governed by the law of the state where the damage was incurred if the aggrieved person is domiciled in the same state, or it is the place of business of the person liable for the damage, or the products of inferior quality were acquired there by the aggrieved person. If the state of domicile of the aggrieved person coincides with the state of the place of business of the person liable for the damage caused, or with the state in which the defective product was acquired, the law of the state of the aggrieved person’s domicile shall apply. Where it is impossible to determine the applicable law in accordance with the criteria indicated in this paragraph, the law of the state where the business of the person liable for the damage is located shall apply, except in cases when the claim of the plaintiff is based on the law of the state in which the damage was made.

6. Terms of civil liability, its extent, the person liable and the terms of release from civil liability shall be governed by the law applicable to the obligations resulting from the delictual obligations.

Article 1.44. Law applicable to claims resulting from a traffic accident

Claims resulting from a traffic accident shall be governed by the Hague Convention of 4 May 1971 on the Law Applicable to Traffic Accidents.

Article 1.45. Law applicable to claims resulting from infringement of personal non-property rights

1. Claims for reparation of damage resulting from infringement of personal non-property rights committed by the mass media shall be governed, depending on the choice of the aggrieved person, by the law of the state where the aggrieved person is domiciled, or has his place of business, or where the infringement occurred, or by the law of the state where the person who caused the damage is domiciled or has his place of business.

2. Response to the media (denial) shall be governed by the law of the state in which the publication appeared, or the radio or television program was broadcast.

Article 1.46. Law applicable to claims for reparation of damage resulting from an act of unfair competition

Claims for reparation of damage resulting from an act of unfair competition shall be governed by the law of the state in whose market the negative effects of unfair competition occurred. If the act of unfair competition has affected exclusively the interests of an individual person, the applicable law shall be that of the state where the place of business of the aggrieved person is located.

Article 1.47. Plurality of debtors

If damage is caused by several persons, the applicable law shall be determined for each of them in accordance with the provisions of Article 1.43 of this Code.

SECTION SEVEN

LAW APPLICABLE TO REAL RIGHTS

Article 1.48. Law applicable to ownership legal relations

1. The ownership right and other real rights in an immovable and movable thing shall be governed by the law of the state where the thing was situated at the moment of change of its legal status. Acknowledgement of a thing to be movable or immovable shall be governed by the law of the state in which the relevant thing is located.

2. Official registration of the ownership right and other real rights shall be governed by the law of the state where the thing is located at the time of its registration.

3. The ownership right and other real rights in a thing in transit (cargo) shall be governed by the law of the state of destination of this thing.

4. The ownership right to an immovable thing resulting from acquisitive prescription shall be governed by the law of the state where the thing is located.

Article 1.49. The right of the parties to choose the law applicable to a movable thing

1. The parties may choose upon their agreement the law of the state of dispatch or the state of destination of the thing, or the law regulating the underlying legal transaction as the law applicable to the arisal and termination of the rights to the movable property.

2. The choice of the applicable law may not affect the rights of third persons.

Article 1.50. Law applicable to encumbrance of the right in a movable thing

1.Where a movable thing over which encumbrance of right was validly established abroad is imported into the Republic of Lithuania, that encumbrance shall be acknowledged to be likewise valid in the Republic of Lithuania.

2. Retention of title over a movable thing validly established abroad shall remain valid after that thing has been transported into the Republic of Lithuania, though such retention may not affect the rights of third persons in good faith.

3. Retention of title over a movable thing in transit shall be governed by the law of the state of its place of destination.

Article 1.51. Law applicable to pledge

1. The pledge of rights, securities and claims shall be governed by the law chosen by the parties, though the choice of law may not affect the rights of third persons.

2. In the absence of the parties’ choice of law, the pledge of claims and securities shall be governed by the law of the state where the place of domicile or business of the secured creditor is located; the pledge of other rights shall be governed by the law applicable to such rights.

SECTION EIGHT

LAW APPLICABLE TO INTELLECTUAL PROPERTY RIGHTS

Article 1.52. Law applicable to contracts related to intellectual property rights

1. In the absence of the parties’ choice of applicable law (Article 1.37 of this Code), contracts related to intellectual property rights shall be governed by the law of the state where the party transferring the intellectual property rights or granting the use thereof has his domicile or the place of business.

2. Contracts between an employer and an employee regarding the rights to intellectual property created by the employee in the course of his employment shall be governed by the law applicable to employment contracts.

Article 1.53. Intellectual property rights and the law applicable to their protection

1. Intellectual property rights and their protection shall be governed by the law of the state where the protection of the intellectual property rights is sought.

2. In the event of infringement of intellectual property rights, the parties may agree after the occurrence of the damage that the applicable law shall be the law of the state where the court hearing the case concerned is located.

SECTION NINE

LAW APPLICABLE TO OTHER OBLIGATIONS

Article 1.54. Law applicable to obligations arising from the reception of a thing not due, or unjust enrichment

1. Claims resulting from an obligation performed without any legal grounds for such performance shall be governed by the law of the state pursuant to the laws of which the legal sources for the obligation are determinable.

2. Claims related with unjust enrichment resulting from unlawful actions shall be governed by the law of the state where such unlawful actions were performed.

3. Where reception of a thing not due or unjust enrichment occurs from the existing legal relationship between the parties, the law determining that legal relationship shall apply.

Article 1.55. Law applicable to unilateral transactions

Unilateral transactions shall be governed by the law of the state where they were formed.

Article 1.56. Law applicable to securities

1. Cheques and bills of exchange shall be governed by the provisions set forth in the Geneva Convention of March 19, 1931 on Conflicts of Law in Matters of Bank Cheques and the Geneva Convention of June 7, 1930 on Conflicts of Law in Matters Involving Bills of Exchange and Promissory Notes.

2. Other securities shall be governed by the law of the state where they are issued (drawn).

Article 1.57. Law applicable to the currency in which payments are to be made

1. Currency in which payments are to be made shall be determined by the law of the state where the payment must be made, unless the parties have chosen upon their agreement the currency in which the payments are to be made.

2. In all other cases, currency shall be regulated by the law of the state which issued the currency.

Article 1.58. Law applicable to obligations deriving from other grounds

Obligations deriving from management of affairs of another, likewise obligations deriving from other grounds not specified in this Chapter shall be governed by the law of the state where the grounds for the obligation occurred.

Article 1.59. Law applicable to prescription

Prescription shall be governed by the law applicable in determining the rights and obligations of the participants in the relevant civil legal relationship.

SECTION TEN

LAW APPLICABLE TO LEGAL RELATIONS OF SUCCESSION

Article 1.60. Capacity to make a will

The capacity of making, amending or revoking a will shall be governed by the law of the state of the testator’s domicile. Where a person has no domicile or it is impossible to be determined, the capacity of such person to make a will shall be governed by the law of the state were the will is made.

Article 1.61. Form of a will

1. The form of a will, its amendment or revocation shall be governed by the law of the state where these acts are performed.

2. A will as well as its amendment or revocation shall also be valid in regard of the form if the form of the indicated acts is in compliance with the requirements of the law of the state of the testator’s domicile, or those of the laws of the state whose citizen the testator was at the time when the relevant acts were performed, or the law of the state of the testator’s residence at the time when those acts were performed or at the time of his death. A will in respect of an immovable thing, as well as any amendment or revocation thereof shall be valid if the form of the acts concerned is in compliance with the requirements of the law of the state where the immovable thing is located.

Article 1.62. Law applicable to other legal relations of succession

1. Other legal relationships of succession, with the exception of those related with inheritance of immovable things, shall be governed by the law of the state of domicile of the testator at the time of his death. Relations of succession in respect of an immovable thing shall be governed by the law of the state where the immovable thing is located.

2. Where succession opens by the death of a citizen of the Republic of Lithuania, irrespective of the law applicable, his heirs residing in the Republic of Lithuania and in possession of the right to the mandatory share of succession shall inherit this part in accordance with the law of the Republic of Lithuania, except the immovable things.

3. Where in accordance with the law applicable to relations of succession a property cannot devolve to a foreign state, and where no other heir thereto is known and the property is located in Lithuania, that property shall be devolved to the ownership of the Republic of Lithuania.

PART II

TRANSACTIONS

CHAPTER III

CONCEPT AND FORM OF TRANSACTIONS

Article 1.63. Concept and types of transactions

1. Transactions are the actions of persons intended to create, modify or extinguish civil rights and duties.

2. Transactions may be unilateral, bilateral or multilateral.

3. A transaction shall be considered to be unilateral where the expression of the will of one party is a necessary and sufficient condition for its formation.

4. A unilateral transaction shall impose obligations exclusively on the person who forms it. Obligations on any other persons shall be imposed by a unilateral transaction only in the cases established by laws or by an agreement between the persons concerned.

5. Legal norms which regulate obligations and contracts shall apply to unilateral transactions to the extent that this does not prejudice laws and the essence of the unilateral transaction.

6. A transaction shall be considered to be bilateral where the concerted will of two parties is a necessary condition for its formation.

7. A transaction shall be considered to be multilateral where the concerted will of three or more parties is a necessary condition for its formation.

Article 1.64. Form of the expression of will

1. The free will of a person who enters into a transaction may be expressed verbally, in writing, by action or in any other manner of expressing will.

2. The will of a person may be implied subject to the special circumstances under which the transaction is formed.

3. Silence may be deemed to be an expression of will exclusively in the cases established by laws or agreed upon by the parties to the transaction.

Article 1.65. Expression of will by means of public notice

1. In the cases established by laws or a contract, a person – the declarant – may express his will by means of a public notice (public authorization, public annulment of authorization, etc.) in accordance with the procedure established by this Article.

2. A public notice shall be published in a newspaper that is issued in the last known place of residence or business either of the other party to the transaction or that of the declarant of will, also in the major dailies of the Republic of Lithuania in accordance with the procedure established by the Code of Civil Procedure in respect of the service of public notice of court summons. The court may, if necessary, establish any other procedure for the expression of a person’s will by means of public notice.

3. A declaration of will by public notice shall be presumed to have become known to the other party upon the lapse of 14 days counting from the date of the last public declaration. However, this presumption shall not apply if the person who declared his will by public notice failed to perform every possible action available to him for the ascertainment of the place of residence or business of the other party to the transaction.

4. A public declaration of will shall be published at the expense of the declarant of the will.

Article 1.66. Conditional transaction

1. A transaction may render the appearance, modification or extinguishment of rights and duties dependent upon the fulfillment or non-fulfillment of certain conditions.

2. A transaction shall be deemed to be concluded with a suspensive condition if the arising of rights and duties therefrom is conditioned by the parties upon an uncertain event.

3. A transaction shall be deemed to be concluded with a resolutory condition if the extinguishment of rights and duties arising therefrom is conditioned by the parties upon an uncertain event.

4. A transaction shall be null and void if the arising, modification or extinguishment of rights and duties is conditioned by the parties upon the fulfillment of an unlawful condition or a condition incompatible with the public order or good morals, or upon the performance of unlawful actions.

Article 1.67. Consequences of an unfair hindering or assistance in the appearance of a condition

1. Where the appearance of a condition is unfairly hindered by a party to whom the condition is disadvantageous, this condition shall be considered as having existed.

2. Where the appearance of a condition is unfairly facilitated by a party to whom the condition is advantageous, this condition shall be considered as not having existed.

Article 1.68. Other consequences of a conditional transaction
1.

If a condition had already been fulfilled at the time when the transaction was formed, such transaction shall be unconditional in the case of a suspensive condition, and null and void in the case of a resolutory condition.

2.

If non-fulfillment of the conditions was already certain at the time when the transaction was formed, such transaction shall be unconditional in the case of a suspensive condition, and null and void in the case of a resolutory condition.

3.

A transaction subject to a suspensive condition which is impossible objectively shall be null and void; a transaction subject to a resolutory condition which is objectively impossible shall be unconditional.

4.

A transaction subject to a suspensive condition shall be null and void if the condition is dependent solely upon the will of the debtor.

Article 1.69. Place of transaction forming

1. A unilateral transaction shall be deemed to have been formed in the place where the will of a party to the transaction is expressed (the place where an authorization is given or a will (a testament) is made, etc.)

2. A bilateral or multilateral transaction shall be deemed to have been formed in the place of residence or business of the offeror, unless laws or agreement of the parties provide for otherwise.

3. Where the receipt of the notice of acceptance by the offeror is not a necessary condition for the formation of a transaction, such transaction shall be deemed to have been formed in the place of residence or business of the acceptor, or the place in which the factual actions of the acceptor were performed.

Article 1.70. Procedure of forming transactions

1. Natural persons may form transactions themselves or through their agents. It shall not be allowed to enter into transaction through an agent if, dependent on the nature of the transaction, it may be formed only by the natural person himself; the same stands for any other transactions determined by laws.

2. Transactions on behalf of legal persons shall be formed by the bodies or agents indicated in their incorporation documents.

Article 1.71. Form of transactions

1. Transactions shall be made in writing (in the ordinary or notarial form) or their formation may be implied from the actions.

2. A transaction, in respect of which there is no specific form established by laws, shall be deemed to have been formed if the person demonstrates by his behaviour the will to form a transaction (a contract formed by actions).

Article 1.72. Verbal form of transactions

1. Where the written form is not required by laws or by an agreement of the parties as a necessary condition for the forming of a transaction, the transaction may be formed verbally.

2. Transactions resulting from the performance of a written contract may be formed verbally if this does not contradict laws or the contract.

Article 1.73. Written form of transactions

1.The following shall be made in the ordinary written form:

1.

transactions made by natural persons in the event where at the moment of their formation the value of the property upon which the transaction is made exceeds five thousand Litas, except such transactions which are performed at the time of their formation;

2.

transactions on the foundation of legal persons;

3.

contracts of purchase and sale of goods by instalments;

4.

insurance contracts;

5.

arbitration agreements;

6.

contracts of lease of a movable thing for a term of over one year;

7.

preliminary contracts;

8.

contracts of life annuity (contracts of rent);

9.

compromise agreements;

10.

other transactions whose mandatory ordinary written form is provided for by this Code or other laws.

2. Written transactions shall be made either by drawing up one document signed by all the parties or by the parties exchanging separate documents. Documents signed by the parties and transmitted by means of telegraph, facsimile communication or over any other means of communication terminal equipment shall be conferred the same power as having been made in the written form, providing the protection of the text is guaranteed and the signature can be identified.

3. The parties may agree to adopt additional requirements for the written form of the transaction (signatures of certain persons, affixation of a stamp on the document, assignment of a special form for the document, etc.) and establish the legal effects for non-compliance with such requirements. In the event of the parties failing to comply with the established requirements, the transaction shall not be considered formed, unless the parties agree otherwise.

Article 1.74. Notarised transactions

1.The following transactions shall be drawn up in the notarial form:

1) transactions on the transfer of the real rights in an immovable thing and transactions on the encumbrance of the real rights and of the immovable thing;

2) contracts of marriage (pre-nuptial and post-nuptian( �

3) other transactions which are to be notarised in accordance with the mandatory provisions of this Code.

Article 1.75. Legal registration of transactions

1. The law may establish mandatory legal registration of certain transactions. A transaction shall produce its effects between the parties even if it is not registered in the mandatory order. In such instances, the rights and duties of the parties produce their effects between them not from the moment of registration of the transaction but from the moment established by the law or agreement of the parties, except in cases where it is expressly determined by this Code that the rights and duties of the parties shall arise only from the moment of registration of the transaction concerned.

2. The parties to an unregistered transaction may not invoke the fact of transaction against third persons and argue their rights against third persons by relying on other means of proof.

3. If the same real rights or the same thing is acquired by several acquirers but only one of them registers that transaction, it shall be considered that the acquirer who has registered the transaction is vested with that thing or with the real rights in that thing. If none of the acquirers registers the transaction, it shall be considered that the acquirer who is the first to form that transaction is vested with the rights indicated above.

4. If several persons register their property rights or real rights in the same thing, the person who is the first to register that transaction shall be vested with these rights.

5. Damage caused to persons by unlawful acts of the officials of state institutions or other organisations effectuating mandatory legal registration of transactions shall be compensated by the state.

Article 1.76. Signing of transactions formed in writing

1. Transactions drawn up in writing must be signed by the contracting parties. Where a natural person, due to physical defect, illness or any other reason, cannot sign it himself, he may authorize another person to sign on his behalf. The signature of the latter must be witnessed by a notary; or the head or a deputy head of the enterprise, institution or organisation where the person concerned is employed or studies; or by the head physician or a deputy head physician of the in-patient medical institution where the person concerned undergoes treatment; or by the commander of the military unit or a deputy commander thereof if the transaction is made by a soldier; or by the master of a ship during the period of a long voyage; in addition, the reason for which the person entering into the transaction is unable to sign it himself must be indicated.

2. Where the transaction is made by employing telecommunication terminal equipment, in all cases there must be sufficient data for the ascertainment of the parties to the transaction. In the event of absence of such data, the parties, if a dispute arises, may not rely upon witnesses to prove the fact of transaction forming.

Article 1.77. Formation of transactions in the form other than established by the law

1. Transactions which are permitted by laws to be formed verbally, may also be made in the written or notarial form.

2. Transactions, the ordinary written form for which is mandatory, may also be formed in the notarial form.

CHAPTER IV

VOIDABILITY OF TRANSACTIONS

Article 1.78. Null and voidable transactions

1. If the nature of nullity is clearly indicated in the law, a transaction shall be presumed to be null, irrespective of the fact of existence of a court judgement upon its nullity. The parties may not ratify a transaction which is null and void.

2. Any transaction for the declaration of voidability of which a court judgement is necessary, shall be a voidable one.

3. A transaction may be deemed to be null and void only on the grounds established by laws.

4. An action for the voidability of a voidable transaction may be invoked only by the persons indicated in the laws.

5. A claim to apply the legal effects arising from a transaction that is null and void may be invoked by any interested person. Legal effects of a null and void transaction, also the fact of its nullity shall be stated by the court ex officio (on its own motion).

Article 1.79. Ratification of a voidable transaction

1. A party possessing the right to invoke voidability of a transaction may ratify it within the time-limit established by the other party or the laws. After ratifying the transaction, the party forfeits his right to claim for voidability of that transaction.

2. It shall be presumed that a transaction is ratified by the party if, after it became possible to be ratified or disputed by that party, any of the following events have taken place:

1) the transaction has been performed partly or in whole;

2) a demand has been made against the other party for the performance of the transaction;

3) a security for the performance of the obligation subject to ratification has been granted to the other party;

4) the rights acquired according to that transaction have been transferred to another person partly or in whole.

Article 1.80. Nullity of a transaction that does not correspond to the requirements of mandatory statutory provisions

1. Any transaction that fails to meet the requirements of mandatory statutory provisions shall be null and void.

2. When a transaction is null and void, each party shall be bound to restore to the other party everything he has received according to that transaction (restitution), and where it is impossible to restore in kind the received, the parties are bound to compensate the received to each other in money, unless the laws provide for other consequences of voidness of the transaction.

3. The rules of restitution are established by Book Six of this Code.

4. The property – object of the transaction that is annulled – may not be claimed from the third person in good faith, except in cases provided for in paragraphs 1, 2 and 3 of Article 4.96 of this Code.

Article 1.81. Nullity of a transaction contradicting public order and good morals

1. A transaction that is contrary to public order or norms of good morals shall be null and void.

2. If a transaction is annulled on the grounds established in paragraph 1 of this Article, the rules provided for in paragraph 2 of Article 1.80 of this Code shall not apply if both parties knew or should have known the transaction to be contrary to public order or good morals.

3. Unilateral or bilateral restitution may take place where its application is not contrary to the mandatory statutory provisions or good morals, i.e. where the purpose of the transaction contradicting public order or norms of good morals was not achieved, and the provisions of public law do not establish any property sanctions in regard to the parties to such transaction.

Article 1.82.Voidability of a transaction contradicting the legal passive capacity of a legal person by whom the transaction was formed

1.Transactions made by the governing bodies of a private legal person in breach of the competence conferred on them by their incorporation documents or contradicting the goals of that legal person may be declared void only in the cases where it is proved that the other party acted in bad faith, i.e. he knew or should have known that the transaction was contrary to the goals of the legal person concerned. In such cases, the fact of announcement of the incorporation documents of the legal person concerned shall not be a sufficient proof of the other party’s bad faith, therefore the legal person shall be bound to prove that the other party deliberately acted in bad faith (Article 2.74 and Articles from 2.83 to 2.85 of this Code).

2. Transactions formed by public legal persons that are contrary to the goals of their activities may be declared void.

3. An action for the declaration of voidness on the grounds established by this Article may be brought by the legal person, the founder (founders) or a participant (participants) thereof. The laws may also specify other persons entitled to bring such an action, or special requirements which have to be met by the persons bringing such an action (e.g., holding of a certain number of shares (deciding votes))

4. Transactions indicated above shall be governed by the rules prescribed in paragraph 2 of Article 1.80 of this Code.

Article 1.83. Legal effects of a transaction formed on behalf of a legal person that is not registered within the procedure established by laws or has no licence to be engaged in the activities that are prohibited without a licence

1. Where a transaction is made on behalf of a legal person that is not registered within the procedure established by laws, the natural person by whom such a transaction is made acquires the rights and assumes the duties arising from that transaction, providing there are no other grounds for declaring such transaction void.

2. Where transactions are made on behalf of a legal person prior to its registration, the persons by whom these transactions are made shall be solidary liable, unless the legal person, after it is registered, assumes the obligations resulting from those transactions (Article 2.61 of this Code).

Article 1.84. Voidability of a transaction formed by a natural incapable person

1. A transaction shall be voidable if formed by a minor under fourteen years of age, except in cases where the minor, within the limits imposed by his age and in accordance with this Code and other laws of the Republic of Lithuania, may enter into transactions alone to satisfy his ordinary and usual needs.

2. A transaction is likewise voidable if it is made by a natural person who within the procedure established by laws is recognised as legally incapable by reason of mental disease or imbecility.

3. In the cases established in paragraphs 1 and 2 of this Article, besides the consequences provided for in paragraph 2 of Article 1.80 of this Code, the legally capable party shall be obliged to compensate the expenses suffered by the other party, also any damage to the latter’s property or loss thereof if the capable party knew or should have known about the incapacity of that other party.

4. The voidness of such transaction may be invoked by statutory representatives of the incapable person, also a public prosecutor. A transaction, if it is beneficial to the incapable person, may be ratified by the statutory representative of the latter in accordance with the procedure established by laws.

Article 1.85. Voidability of a transaction made by a natural person who overindulges in strong drinks or narcotic substances

1. A transaction upon the transfer of property or a real right that is formed by a natural person whose legal active capacity is limited by reason of overindulgence in strong drinks or narcotic substances and without the consent of a curator, except small transactions to meet his ordinary and usual needs, can be declared voidable within the judicial procedure on the action of the curator or a prosecutor.

2. If a transaction indicated in the preceding paragraph of this Article is declared voidable, the provisions of paragraph 3 of Article 1.84 of this Code shall apply.

3. After a transaction has been formed, a curator may ratify the transaction formed by the protected person alone during the period of his limited capacity for which he required to be represented if such transaction is beneficial to the person with limited capacity.

Article 1.86. Nullity of a fictitious transaction

1. A transaction made for the sake of appearance without intention to create legal effects shall not produce its effects between the parties and shall be null and void.

2. The provisions established in paragraph 2 of Article 1.80 of this Code shall apply to the transactions specified above.

Article 1.87. Nullity of a simulated transaction

1. If a transaction is formed to cover up another transaction, i.e. if the parties’ intent to make a transaction is different from the simulated transaction, the rules applicable to the intended transaction shall apply.

2. If the rights or lawful interests of third persons are violated by a simulated transaction, the third persons in defence of their rights shall be able to plead simulation against the parties of the simulated transaction.

3. A simulated transaction cannot be used as a defence by the contracting parties against third persons who in good faith have acquired rights from the simulated transaction.

Article 1.88. Declaring voidable a transaction made by a minor from fourteen to eighteen years of age

1. A transaction made by a minor from fourteen to eighteen years of age, where the law does not allow him to act without the consent of his parents or curators, may be declared void within the judicial procedure on the action of such minor’s parents or curators, with the exception of transactions into which the minor may, within the limits imposed by his age, enter alone in accordance with this Code and other laws of the Republic of Lithuania.

2. If a transaction specified in paragraph 1 of this Article is declared void, the rules prescribed in paragraph 3 of Article 1.84 of this Code shall apply.

3. Statutory representatives of a minor can ratify a voidable transaction made without a proper consent, by giving their consent after the transaction has been formed, if such transaction is beneficial to the minor concerned.

Article 1.89. Declaring voidable a transaction formed by a natural person who was unable to understand the meaning of his own actions

1. A transaction formed by a capable natural person may be annulled within the judicial procedure on the action of the natural person concerned if, by reason of his state at the moment of the transaction forming, he was unable to comprehend the meaning of his acts or to control them.

2. Where the transaction specified in paragraph 1 of this Article is declared void, besides the consequences established in paragraph 2 of Article 1.80 of this Code, the following additional consequences arise: the other party shall be bound to compensate to the party who at the moment of the transaction forming was unable to comprehend his own actions or to control them the expenses suffered, also any damage to his property or loss thereof, if this another party was aware or should have been aware of the state of the first contracting party.

Article 1.90. Declaring voidable a transaction formed under the influence of a mistake

1. A transaction resulting from the consent given by an essential mistake may be declared void within the judicial procedure on the person’s whose consent is vitiated action for its voidness.

2. A mistake is an erroneous assumption of the essential facts of the transaction that existed at the moment of the transaction forming.

3. In the event of annulment of a transaction formed under the influence of an essential mistake, the provisions established in paragraph 2 of Article 1.80 of this Code shall apply. The party upon whose action the transaction is declared void may, in addition to the annulment, also claim from the other party compensation for the expenses incurred or the damage to his property or loss thereof if this party proves that the mistake was caused by the fault of the other party. Where it is not proved, the party on whose action the transaction is declared void shall be bound to compensate to the other party the expenses incurred as well as the damage to his property or loss thereof.

4. A mistake is essential where the error relates to the nature, object or any other essential conditions of the contract itself, or the civil legal status of the other contracting party or any other circumstances, and where a person of normal diligence and attentiveness would not have made the transaction in a similar situation or would have made it on essentially different terms if he had known the real state of events. A mistake is likewise essential if both contracting parties are mistaken, or an error of one party induced the other party to err without the former’s intention to deceive, or if one party was aware or should have been aware of the mistake committed by the other party and the requirement addressed to the mistaken party to perform the transaction would contradict to the principles of good faith, justice and reasonableness.

5. A mistake may not be considered essential if caused by gross negligence of the mistaken party, or induced by circumstances the risk of which was taken by the party upon himself or if, taking into account the concrete circumstances, the risk of mistake falls on that party in particular.

6. A mistake resulting from the expression or transmission of a party’s will shall be deemed to be a mistake committed by that party himself.

7. The mistaken party cannot claim for the annulment of a contract where his rights and interests may be adequately protected by invoking other remedies.

Article 1.91. Voidability of a transaction made by a party whose consent was obtained by fraud, extorted by duress, economic pressure or induced by real threatening, likewise of a transaction made by the malicious agreement of a agent of one party with the other party, or a transaction entered into because of abusive circumstances

1. A transaction may be declared voidable by a court on the action of the aggrieved party if it was entered into due to fraud, duress, economic pressure or real threatening, or if it was formed by a malicious agreement of the agent of one party with the other party, likewise if, by entering into the transaction by reason of abusive circumstances, one party assumes obligations under unfair conditions.

2. Where the voidability of a transaction is based on any of the grounds specified in paragraph 1 of this Article, the other party shall be bound to restore to the aggrieved party everything he has received according to that transaction, and where it is impossible to restore (in kind), it must be compensated in money. In addition, the guilty party shall be bound to compensate to the aggrieved person all the expenses incurred.

3. Where a transaction is declared voidable by reason of fraud, violence, economic pressure, real threatening or malicious agreement made between the agent of one party and the other party, the aggrieved party may, in addition to remedies provided for in the preceding paragraph of this Article, claim non-pecuniary damage caused by the actions indicated.

4. For the purposes of this Article, the notion “real threatening” means unjustifiable or unlawful actions of the other party or a third person directed towards the person, property or reputation of the other contracting party, or that of his parents, children, spouse, grandparents, grandchildren or any other close relatives; the threatening actions must be of such nature as to impress a reasonable person and to cause him fear that the person, property or reputation of the persons concerned may be exposed to damage and there is no other reasonable alternative except to enter into the transaction. Threatening shall also be deemed to be real where one party or a third person threatens to enforce measures of economic pressure against the other contracting party that is economically weaker or is in essence economically dependent in order to compel him to form a transaction under exceptionally economically disadvantageous conditions. In determining the occurrence of real threatening, the court shall take into account the age, economic and financial position, and the gender of the party towards whom the threat was directed, the nature of the threat, and any other conditions significant for the case.

5. In addition to the forms specified in the preceding paragraph of this Article, fraud may result from the silence of a party, i.e. from concealment of such circumstances being aware of which the other contracting party would not have formed the transaction and which, within the principles of reasonableness, justice and good faith, had to be disclosed to the other party; fraud may also result from active actions by which it is desired to mislead the other contracting party concerning the effect of the transaction, essential terms thereof, civil legal capacity of the person who enters into the transaction, and any other essential circumstances.

6. If a third person, but not the other party to the transaction is guilty of fraud, duress or threatening, the transaction shall be declared voidable only in the cases where that other party was aware or should have been aware of those facts.

7. The fact of declaring voidable a transaction formed under the influence of fraud may not be invoked against third persons in good faith, except in cases established by this Code.

Article 1.92. Voidability of a transaction formed by an agent outside the authority conferred on him

A transaction made by a agent outside the limitations of the authority conferred on him by laws or a contract, may be declared voidable upon the action of the principal, unless such transaction is ratified by the principal (Article 2.133 of this Code).

Article 1.93. Voidability of a transaction resulting from the lack of requisites of its form established by laws

1. A transaction not made in the form required by laws for this particular case shall be void only in the case when such consequence is expressly indicated in the laws.

2. Where any dispute arises upon the fact of forming or performance of a transaction which fails to meet the necessary requirements for its ordinary written form, the parties lose the right to use testimony of witnesses as evidence to prove the facts indicated above; in the cases expressly prescribed by the law, non-observance of the ordinary written form obligatory to a concrete kind of transactions shall cause the nullity of such transaction.

3. Non-observance of the notarial form required by the law as a necessary condition of a transaction shall result in the nullity of the transaction in any case.

4. Where one party in the whole or partly performs his obligations arising from a transaction that must be notarized while the other party avoids the notarization thereof, the court may, on the action of the party who has performed his obligations, declare such transaction valid. In such event, a subsequent notarization of the transaction is not required.

5. Where nullity of a transaction results from the lack of necessary requisites of its form as established by laws, the consequences provided for in paragraph 2 of Article 1.80 of this Code shall arise.

6. The provisions established in paragraph 2 of this Article may not be applied by a court if they contradict the principles of good faith, justice and reasonableness, in particular where:

1) there exists other written evidence, even though indirect, that proves the forming of the transaction;

2) written evidence to prove the fact of transaction forming has been lost not through the fault of the party;

3) taking into consideration the circumstances in which the transaction was formed, it was objectively impossible to form that transaction in writing;

4) taking into consideration the interrelations between the parties, the nature of the transaction, and other circumstances of importance to the proceedings, prohibition to invoke testimonies of witnesses would contradict to the principles of good faith, justice and reasonableness.

Article 1.94. Legal effects of non-observance of the requirement to perform legal registration of a transaction

Non-observance of the requirement established by laws to perform legal registration of a transaction shall not result in nullity of the unregistered transaction, except in the cases prescribed by this Code.

Article 1.95. Time from which the effect of annulment arises

1. A transaction which has been annulled shall be deemed to be null and void ab initio (from the moment of its forming).

2. Where from the content of a transaction follows that it is impossible to declare such transaction void ab initio, it may be declared void only for the future, i.e. from the time when the judgement acquires the authority of the final judgement (res judicata).

Article 1.96. Consequences of partial nullity of a transaction

Partial nullity of a transaction shall not import the nullity of the entire transaction where it can be supposed that the contracting parties would have entered into that transaction even without the part affected by nullity having been included.

PART III

OBJECTS OF CIVIL RIGHTS

CHAPTER V

CONCEPT AND KINDS OF OBJECTS OF CIVIL RIGHTS

Article 1.97. Kinds of objects of civil rights

1. Objects of civil rights shall be things, money and securities, other property and property rights, results of intellectual activities, information, actions and results thereof, as well as any other material and non-material values.

2. Things and property the turnover of which is restricted may be considered to be objects of civil rights only in the cases established by laws. Things which are withdrawn from civil use or the turnover of which is restricted must be imperatively indicated in the laws. Otherwise, the civil turnover of things or property shall not be considered restricted.

Article 1.98. Things as object of civil rights

1. Things as object of civil rights shall be divided into movables and immovables.

2. Land and other things which are connected with land and which cannot be moved from one place to another without change of their purpose and essential reduction of their value are immovables (buildings, equipment, perennial plants and other things which, according to their purpose and nature, are deemed to be immovable).

3. Ships and aircraft, the mandatory legal registration for which is established by laws, are also considered to be immovables. Any other property may also be attributed to immovables by the laws.

4. Things which can be moved from one place to another without a change of their purpose and considerable reduction of their value are considered to be movables, unless otherwise provided for by laws.

Article 1.99. Kinds of things as objects of civil rights

1. Things as objects of civil rights shall be divided into things determined by their individual features and things determined by their specific properties.

2. Things also are divided into divisible and undivisible, consumptable and unconsumptable, principals and accessories.

Article 1.100. Money

1. Money, as an object of civil rights, shall be bank-notes issued by the Bank of the Republic of Lithuania, coins and means in accounts, also bank-notes issued by other foreign states, Treasury notes, as well as coins and means in accounts, serving as lawful means of settlement.

Article 1.101. Securities

1. A security, as an object of civil rights, is a document certifying the obligation of its issuer to the holder of this document. A security can confirm the right of the person in possession of the document (holder) to receive from the issuer interest, dividends, part of an enterprise upon its liquidation, or the funds lent to the issuer (shares, bonds, etc.); the right or duty to acquire or alienate for payment or gratuitously other securities (the right to sign, future transactions, options, convertible bonds, etc.); the right to some income or payment duty subsequent to a change of prices on the security market (index, etc.). A security is also a document by which a direct order is issued to a bank to pay a certain sum of money (cheques) or which certifies a duty to pay a certain sum of money to the person whose name is indicated in the document (bill of exchange); or which proves the right of ownership to merchandise (mercantile securities): likewise a document which certifies the right or duty to acquire or alienate mercantile securities (derivative mercantile securities). Uncertified securities are issued in the cases established by laws and indicated (consolidated) in a special security register.

2. The laws may also provide for other types of securities. For the purposes of protecting the rights of investors, as well as for supervising and regulating the capital market, the laws may provide for a different definition of securities (investment) to be employed in the laws which regulate these relationships. Unless provided for otherwise, the provisions of this Code and the definition of securities shall apply to investment (investment securities) if the documents certifying the investment possess the features specified in paragraphs 1 and 3 of this Article.

3. The right certified by a security may be alienated to another person only in that event if the security itself is alienated, unless otherwise provided for by the laws. Securities may be alienated in accordance with the laws, the ordinary practice or by custom freely and unrestrictedly. Securities shall be alienated by transfer, though it ought to be certified by means of making an inscription of transfer of the security – an endorsement.

4. Securities may be underlying or derivative. Underlying securities confirm their holders’ rights and duties specified in paragraph 1 of this Article, with the exception of the right or duty to acquire or alienate for payment or gratuitously other securities, as well as the right to receive certain income or an duty to pay a certain sum of money subsequent to a change of prices on the security market. The securities which certify these exclusive rights or duties are called derivative securities.

5. Securities are divided into registered, bearer or order securities. They also divided into monetary, investment and mercantile securities.

6. A monetary security grants the right to receive a certain sum of money indicated therein (cheque, bill of exchange, bond).

7. An investment security concedes the right to participate in the management of the enterprise, certifies possession of the enterprise capital and entitles to receive a part of its profits (shares and certificates of shares, etc.), except in cases provided for by laws.

8. A mercantile security grants the right of ownership of merchandise, also the right to receive merchandise (bill of lading, way-bill, etc.).

9. Securities must contain the requisites provided for by laws. The absence of obligatory requisites of a security shall render it null, except in cases established by laws.

10. Upon the issue of uncertified securities, where the laws do not provide for otherwise, it shall be presumed pursuant to this Code that the holder of the securities has entrusted the accountant with their keep upon the contract of deposit. The rights, obligations and liability of the keeper shall be determined in accordance with the provisions of Book Six of this Code applicable to the contract of deposit. Where accountancy is managed by several persons on different levels, it shall be presumed that the person who handles the accounts of the security owner has transferred the keep of the securities concerned to another person under the contract of deposit. Such securities shall be alienated by the relevant entries in the security register.

Article 1.102. A share

1. A share is a security certifying the right of its holder (shareholder) to participate in the management of a stock company and, where the laws do not provide for otherwise, to receive a part of the stock company profits in the form of dividend and a part of the remaining property of the stock company in case of its liquidation, as well as certifying other rights established by laws.

2. Shares may be of the following classes: registered or bearer, ordinary or preference, certificates or uncertificated.

Article 1.103. A bond

A bond is a security certifying its holder’s right to receive from the person who issues the bond the nominal value of the bond, annual interest or any other equivalent, or other property rights within the time-limits prescribed in it.

Article 1.104. A cheque

A cheque, as a security, is an unconditional order drawn up in a certain manner that is addressed by the drawer to a bank to pay a certain sum in money to the holder of the cheque.

Article 1.105. A bill of exchange

1. A bill of exchange, as a security, is an unconditional order in writing addressed by one drawer to another by which the first person pledges himself or entrusts another person to pay directly or indirectly a certain sum of money to the person whose name is indorsed therein.

2. A bill of exchange may be of two forms: an order bill (draft bill) or a single bill (sole bill).

3. By using an order bill (draft bill) its drawer entrusts another person to pay to the person whose name is indorsed in the bill the sum indicated therein.

4. By using a single bill (sole bill) its drawer pledges himself to pay the sum indicated therein.

Article 1.106. A bill of lading

1. A bill of lading, as a security, is a document certifying the fact of conclusion of a contract and its holder’s right to receive from the carrier the goods specified therein (cargo) and the right to dispose of the goods (cargo) received.

2. A bill of lading may be bearer, order or straight. If a bill of lading is drawn up in several copies, after the shipment is delivered under any of the copies of the bill of lading presented first, the other copies thereof shall lose their legal power.

Article 1.107. A bank certificate

1. A bank certificate is a written bank document containing a statement on the monetary contribution and granting the depositor the right to receive that contribution and interests subject to the time-limits stated therein.

2. A bank certificate may be inscribed, transferable or non-transferable.

Article 1.108. A state debt obligation

1. A state debt obligation is a security payable to the bearer which certifies that its holder has lent a certain sum in money to the state and grants its holder the right to receive the sum indicated therein and interests established thereby during the period of the possession of this security.

Article 1.109. A plot of land and other resources

A land plot indicated in kind and registered within the procedure established by laws, also the indicated areas of the entrails of the earth, as well as waters, forests, objects of flora and fauna may be objects of civil rights.

Article 1.110. Enterprises and other property complexes

1. An enterprise, as a complex of assets, property and non-property rights belonging to the person who is engaged in business (seeking profit), as well as debts and other duties thereof, may be the object of civil rights. An enterprise is considered to be an immovable thing.

2. A property complex, as the object of civil rights, is the totality of things joined by a common economic purpose.

Article 1.111. Results of intellectual activities

Works of science, literature and art, invention patents, industrial samples and other results of intellectual activities expressed in any objective form (manuscripts, technical drawings, models, etc.) shall be deemed to be objects of civil rights. Invention patents and other results of intellectual activity shall become objects of civil rights from the moment of their recognition as such made within the procedure established by laws.

Article 1.112. Property rights

1. Real rights, rights arising from obligations, also rights arising from the results of intellectual activities shall be objects of civil rights.

2. Property rights may be transferred and inherited.

Article 1.113. Actions and their results

Various actions and their results (transportation of goods, repairing of things, services, etc.) shall be objects of civil rights.

Article 1.114. Personal non-property rights and values

1. Personal non-property rights and values, i.e. name, life, health, inviolability of body, honour, dignity, the private life of an individual, the author’s name, professional reputation, business name, trade marks of goods (services) and other values with which the arising of certain legal effects is linked by the laws shall be objects protected by the Civil law.

2. Personal non-property rights may be transferred or inherited only in the cases established by laws or where this does not contradict the nature of these values and principles of good morals or is not restricted by laws.

Article 1.115. Personal non-property rights

1. Objects protected by the Civil law are personal non-property rights, i.e. the rights that have no economic content and are inseparably related with their holder.

2. Personal non-property rights may be related with property rights, or they may not be related with the aforesaid rights.

Article 1.116. Commercial (industrial) and professional secret

1. Information shall be considered to be a commercial (industrial) secret if a real or potential commercial value thereof manifests itself in what is not known to third persons and cannot be freely accessible because of the reasonable efforts of the owner of such information, or of any other person entrusted with that information by the owner, to preserve its confidentiality. The information that cannot be considered commercial (industrial) secret shall be determined by laws.

2. Forms of protecting the information containing a commercial (industrial) secret are established by this Code.

3. Persons who unlawfully acquire information considered to be a commercial (industrial) secret shall be bound to compensate for the damages caused. Workers who in breach of the labour contract disclose a commercial (industrial) secret, as well as a party of any other contract who in breach of that contract discloses a commercial secret shall also be bound to compensate damages resulting from the disclosure of the commercial (industrial) secret. In this event, the damages suffered by the holder of the secret include the investment expenses incurred for its creation, development and use, as well as the incomes of which he (the holder) has been deprived. Incomes received from unlawful use of a commercial (industrial) secret shall be considered unjust enrichment.

4. A person who discloses a commercial (industrial) secret may be released from liability if he proves that the disclosure of that secret is justified by the interests of public safety.

5. Information shall be considered to be a professional secret if, according to the laws or upon an agreement, it must be safeguarded by persons of certain professions (advocators, doctors, auditors, etc.). This information is received by the indicated persons in performance of their duties provided for by laws or contracts. The cases when the information received in exercise of professional rights and in performance of professional duties shall not be considered professional secret are established by laws. Damage resulting from unlawful disclosure of a professional secret shall be compensated upon general grounds established by this Code.

PART IV

TIME-LIMITS

CHAPTER VI

GENERAL PROVISIONS

Article 1.117. Definition of a time-limit

1. A time-limit is a period of time determined by laws or a transaction or established by a judicial authority and fixed by a calendar date or by the termination of a period expressed in years, months, weeks, days or hours.

2. A time-limit may also be defined by indicating an event that must inevitably occur.

3. Time-limits may be restoratory, acquisitionary or resolutory.

4. A restoratory time-limit is a period which may be restored by the court after its expiration, providing it was exceeded due to substantial reasons.

5. An acquisitionary time-limit is a period after the expiration of which a certain civil right or duty is acquired.

6. A resolutory time-limit is a period after the expiration of which a certain civil right or duty expires. The resolutory time-limits may not be restored by a court or arbitration.

Article 1.118. Commencement of a time-limit

1. The moment from which a time-limit begins shall be 0 hours 00 minutes of the next day that follows the calendar date or the event by which its beginning is defined, unless law provide for otherwise.

2. A fixed time-limit that is expressed in hours shall begin from the moment defined by laws or one or both parties.

Article 1.119. Expiration of a time-limit expressed in years and months

1. A time-limit expressed in years shall expire at midnight on the corresponding day and month of the last year of the time-limit indicated as the dies ad quem (the day on which the time-limit expires).

2. A time-limit expressed in months shall expire at midnight on the corresponding day of the last month of the time-limit indicated as the dies ad quem.

3. In the event where in the time-limit expressed in years or months there is no corresponding day in the last month, the day of maturity shall be the last day of the relevant month.

Article 1.120. Expiration of a time-limit expressed in weeks

A time-limit expressed in weeks shall expire at midnight on the corresponding day of the week indicated as the dies ad quem.

Article 1.121. Inclusion of official holidays and weekends

1. Official holidays and weekends shall be included when calculating a time limit.

2. In the event where the day on which a time-limit expires is a day of an official holiday or a weekend, the time-limit shall be extended to include the first working day thereafter.

Article 1.122. Performance of actions on the dies ad quem

1. An action for the performance of which a time-limit is fixed shall have to be performed before midnight of the dies ad quem. Where an act has to be performed in an institution, it must be performed before the end of the normal office or business hours of that organisation on the dies ad quem.

2. Any applications and information in writing delivered to the post office or telegraph, or transmitted by other means of communication before midnight of the dies ad quem shall be considered to have been performed on time.

Article 1.123. Legal significance of a time-limit

1. If arising of a duty is made dependent upon the expiration of a certain time-limit, the performance of the duty may not be demanded before the expiry of that time-limit.

2. If certain legal effects of a transaction are made dependent upon the maturity of a time-limit, a transaction or obligation shall terminate with the expiry of the time-limit.

3. It shall be presumed that a time-limit takes effect in favour of a debtor except in the cases where:

1)

the debtor is put on bankruptcy proceedings;

2)

the debtor destroys the security provided for the performance of an obligation;

3)

the debtor fails to provide a security of performance of an obligation he was bound to provide.

CHAPTER VII

PRESCRIPTION

Article 1.124. Concept of prescription

Prescription is a time period established by laws during which a person can defend his violated right by bringing an action.

Article 1.125. Time limits of prescription

1. General prescription comprises a period of ten years.

2. In respect of concrete kinds of claims, abridged prescription shall be established by this Code and other laws of the Republic of Lithuania.

3. Abridged one-month prescription shall apply to claims arising from the results of tender.

4. Abridged three-month prescription shall apply in respect of claims for declaring voidable the decisions of the bodies of a legal person.

5. Abridged six-month prescription shall apply in respect of:

1) claims arising from the exaction of penalties;

2) claims arising from shortage in the goods sold.

6. Abridged six-month prescription shall apply with respect to claims arising from the relationships between communication enterprises and their clients regarding dispatches sent within the territory of Lithuania, or abridged one-month prescription when the dispatches were sent abroad.

7. Abridged one-year prescription shall be applied with respect to claims arising from the legal relationships of insurance.

8. Abridged three-year prescription shall be applied with respect to claims for the compensation of damage, including claims for the compensation of damage caused by defective production.

9. Abridged five-year prescription shall be applied with respect to claims for the recovery of interest and any other periodical payments.

10. Claims arising from defects of the work performed shall be prescribed in the abridged prescription established in Book Six of this Code.

11. Claims, arising from contracts for transportation of goods, passengers or baggage shall be prescribed in the abridged prescription established by the codes (laws) regulating separate types of transport.

12. Any agreement of the parties with an intention to modify legal regulation of prescription, i.e. to modify the time-limit and the calculation thereof, shall be prohibited.

Article 1.126. Application of prescription

1. A claim to protect a violated right shall be accepted by the court irrespective of the expiry of prescription.

2. The expiration of prescription shall be effected by the court exclusively if invoked by a party to the dispute.

3. Prescription may not be renounced in advance.

Article 1.127. Commencement of prescription

1. Prescription shall start its run from the day on which the right to bring an action may be enforced. The right to bring an action arises from the day on which a person becomes aware or should have become aware of the violation of his right. Exceptions to this rule shall be established by this Code and other laws of the Republic of Lithuania.

2. Where there is a time-limit established for the performance of an obligation, prescription of a claim arising from such obligation shall start its run upon the expiry of the time-limit allotted for the performance of that obligation.

3. Where a time-limit for the performance of an obligation is not established, prescription shall run from the moment when a claim to perform the obligation is brought.

4. Prescription of claims arising from regressive obligation shall start its run from the moment when the principal obligation is performed.

5. In the event of a continuous infringement, i.e. it happens every day (a person fails to perform the actions he is bound to perform, or performs the actions he has no right to perform, or does not discontinue another violation), prescription for actions brought upon activity or inactivity that occurred on a concrete day shall start its run from that every day.

Article 1.128. Prescription of claims arising from an obligation upon subrogation

Substitution of persons in an obligation shall not affect the course of prescription – the time-limit and the procedure of its calculation, unless laws provide for otherwise.

Article 1.129. Suspension of prescription

1. Prescription shall be suspended if:

1) an extraordinary event that cannot be prevented in certain circumstances (force majeure) hinders to bring an action;

2) the Government of the Republic of Lithuania establishes a postponement of the performance of obligations (moratorium);

3) the plaintiff or defendant serves in a unit of the armed forces of the Republic of Lithuania where martial law is imposed;

4) no guardian or curator is appointed to a legally incapable person or to a person whose legal active capacity is limited;

5) the parties to an obligation are spouses;

6) the parties to an obligation are a guardian and the person under guardianship, or a curator and the person under curatorship;

7) the parties to an obligation are parents and their minor children;

8) the effect of the law or any other legal act regulating relationships of the dispute is suspended;

2. The run of prescription shall be suspended only in the event when the circumstances indicated in paragraph 1 of this Article occured or continued to exist during the last six months of the prescription; where the time-limit of the prescription does not exceed six months, the run of the prescription shall be suspended if the circumstances indicated in paragraph 1 of this Article occured or continued to exist during the whole period of the time-limit of the prescription.

3. Suspended prescription resumes its run from the day when the circumstance which conditioned such suspension ceases to exist. In that event, the remaining part of the time-limit shall be prolonged by six months; if the time-limit of prescription is shorter than six months, it shall be prolonged by the whole duration of the time-limit.

Article 1.130. Interruption of prescription

1. Prescription shall be interrupted by bringing an action within the procedure established by laws.

2. Prescription shall also be interrupted by actions of a debtor by which the debtor acknowledges his obligation to the creditor.

3. An interrupted time-limit of prescription shall be resumed from the moment when the cause of such interruption ceases to exist. An interruption of prescription resulting from bringing an action shall be resumed from the time when the judgement thereon acquires the authority of the final judgement (res judicata), provided that an identical claim can be forwarded from the disputed legal relationship. The period that expired before the interruption shall not be included into the new time-limit of prescription.

4. No interruption in the time-limit of prescription shall occur where the suit is discontinued by the court due to the fault of the plaintiff. Refusal to accept the complaint or its withdrawal by the plaintiff shall likewise have no effect of interrupting prescription.

5. If an action brought in criminal proceedings is discontinued, prescription commenced before this action was brought shall continue its run from the day when the verdict by which the action was discontinued becomes finally binding.

Article 1.131. Legal effects of the expiration of a time-limit of prescription

1. The expiration of a time-limit of prescription prior to the date of bringing an action shall serve as valid grounds for dismissal of the claim.

2. If the court acknowledges the time-limit of prescription as expired due to important reasons, the violated right must be protected and the expired time-limit restored.

3. Questions of the ownership of property, for revindication of which prescription has expired, shall be regulated by the provisions of Book Four of this Code.

Article 1.132. Suspension, interruption and restoration of abridged prescription

The provisions regulating suspension, interruption and restoration of prescription (Articles 1.129 to 1.131 of this Code) shall likewise be applied in respect of abridged prescription except in cases where laws provide for otherwise.

Article 1.133. Consequences arising when a debtor performs an obligation after the expiration of a time-limit of prescription

Where a debtor performs his obligation after the expiration of the time-limit of prescription, he shall have not right to claim restitution even if at the time of the performance of his obligation he did not know that the time-limit of prescription had expired.

Article 1.134. Claims not subject to prescription

1. The following claims shall not be prescribed:

1) claims arising from the violation of personal non-property rights, except in cases established by laws;

2) claims of depositors for repayment of their accounts deposited in a bank or any other credit institution;

3) other claims in cases established by other laws.

Article 1.135. Application of prescription with respect to accessory claims

Expiration of prescription with respect to the principal claim shall have the same effect likewise on the accessory claims (penalty, pledge, suretyship, etc.), even though the prescription of the latter may not have expired.

PART V

EXERCISE AND PROTECTION OF CIVIL RIGHTS

CHAPTER VIII

PRINCIPLES OF EXERCISE OF CIVIL RIGHTS AND THE WAYS OF THEIR PROTECTION

Article 1.136. Grounds for the arisal of civil rights and duties

1. Civil rights and duties shall arise on the grounds established by this Code and other laws, also from actions performed by natural persons and organizations which, though not determined by laws, create civil rights and duties within the general principles and the meaning of the civil laws.

2. Pursuant to paragraph 1 of this Article, civil rights and duties shall arise:

1) from contracts and other transactions provided for by this Code and other laws, likewise from such transactions which might not be stipulated by the laws but not at variance with these laws;

2) from court judgements;

3) from administrative acts that cause civil legal effects;

4) as a result of creating intellectual property;

5) on the grounds damage, as well as on the grounds of the reception of property not due or of unjust enrichment;

6) on the grounds of events or actions (active or passive) to which the arising of civil legal effects is linked by laws.

Article 1.137. Enjoyment and exercise of civil rights and performance of civil duties

1. Persons shall freely enjoy their civil rights at their own discretion, including the right to protection.

2. Persons, while exercising their rights and performing their duties, must obey laws, respect rules of public welfare and principles of good morals, good faith, reasonableness and justice.

3. A person shall be forbidden to abuse his own right, i.e. there being no legal ground, no civil rights may be exercised in a manner or by means intended to violate other persons’ rights and interests protected by laws; or to restrict other persons in their rights and interests protected by laws; or with the intent of doing damage to other persons; or where this would be contrary to the purpose of the subjective right. Abuse of a right that causes injury to other persons shall be the grounds for the implementation of civil liability. A court may refuse to protect the subjective right of which the person abuses.

4. The exercise of civil rights may not be used in bad faith and with the intent of unlawfully limiting competition or in abuse of the dominating position in the market.

5. Civil rights shall be protected by the laws, except in cases when the exercise of these rights is inconsistent with their purpose, public order, good usages (bonus mores) or the principles of public morals.

6. A renouncement of exercise of a subjective civil right shall not abolish the civil subjective right, except in cases established by laws.

Article 1.138. Protection of civil rights

1. Civil rights shall be protected by the court acting within its competence and according to the procedure established by laws. The ways of protecting civil rights are the following:

1) acknowledgement of rights;

2) restoration of the situation that existed before the right was violated;

3) prevention of unlawful actions or prohibition to perform actions that pose reasonable threat of the occurrence of damage (preventive action);

4) ad judgement to perform an obligation in kind;

5) interruption or modification of a legal relationship;

6) recovery of pecuniary or non-pecuniary damage from the person who infringes the law and, in cases established by the law or contract, recovery of a penalty (fine, interest);

7) declaration as voidable of unlawful acts of the state or those of the institutions of local governments or the officials thereof in the cases established in paragraph 4 Article 1.3 of this Code;

8) other ways provided by laws.

Article 1.139. Self-defense

1. Self-defense may be exercised for the purposes of protecting one’s civil rights only in the events established by this Code.

2. Methods and means of self-defense must correspond to the nature of the unlawful act and cannot exceed the limits of self-defense that exist in every concrete event.

3. In exercising self-defense, the rights and freedoms of individuals must be respected, as well as the requirements of laws must be observed.

BOOK TWO

PERSONS

PART I

NATURAL PERSONS

CHAPTER I

PASSIVE AND ACTIVE CIVIL CAPACITY OF NATURAL PERSONS

SECTION ONE

PASSIVE CAPACITY

Article 2.1. The concept of passive civil capacity of natural persons

Every natural person shall have the full enjoyment of civil rights (passive civil capacity)

Article 2.2. Beginning and end of passive civil capacity of natural persons
1.

Passive civil capacity of a natural person shall begin at the moment of his birth and end at the moment of his death.

2.

The beginning of rights prescribed by law to a conceived but yet unborn baby shall depend on the act of its birth.

3.

In the event of the impossibility to establish whether a baby was born alive or dead it shall be presumed that it was born alive.

4.

Where certain ensuing legal consequences depend on the fact which of natural persons died at an earlier date and where it is impossible to establish the moment of the act of death of them each, it shall be presumed that the said natural persons died at the same time.

Article 2.3. Acts of birth and death of natural persons
1.

The first independent breath shall be considered to be the act of birth of a natural person.

2.

Full and irreversible stoppage of blood circulation or stoppage of all brain functions shall be considered to be the act of death of a natural person.

3.

Criteria for stating the acts of birth or death shall be prescribed by law.

Article 2.4 Content of the passive civil capacity of natural persons
1.

According to law, natural persons shall be entitled to property as the object of private ownership and shall enjoy the right to engage in commercial activities, establish enterprises or other legal entities, inherit property and bequeath it, choose a sphere of activities and residence, to have invention or industrial sample rights as well as other property and individual non-property rights, which are protected by the civil law.

2.

Natural persons who, in accordance with the procedure established by the law, are engaged in commercial activities shall be deemed to be entrepreneurs.

3.

Every person engaged in business or practising of his profession shall have to administer his property and everything related to his undertaking or practising of his profession as well as to safeguard documents and other information about his property, undertaking or practising of his profession in the manner, which would enable every person, having a legal interest, at any time, to receive comprehensive information about the property rights and obligations of the person in question.

SECTION TWO

ACTIVE CAPACITY

Article 2.5. Active civil capacity of natural persons
1.

On attaining full age, i.e. when a natural person is eighteen years of age, he, by his acts, shall have full exercise of all his civil rights and shall assume civil obligations.

2.

Where the law provides for the possibility of a natural person to enter into marriage before he is eighteen, the person, who has not yet come of the given age, shall acquire full active civil capacity at the moment of entering into marriage. If at a later date this marriage is dissolved or nullity of marriage is declared for reasons not related to the age of the parties to marriage a minor shall not loose his full active civil capacity.

Article 2.6. Prohibition to impose restrictions on the passive or active civil capacity of Natural Persons on the Grounds which are not Prescribed by Law.
1.

Restrictions on the passive or active civil capacity may not be imposed on anyone in any other manner except by express provision of law.

2.

Transactions, acts of public or municipality institutions or officials, which impose restrictions on the passive or active civil capacity, are deemed to be null and void except in cases where the said transactions and acts are prescribed by law.

Article 2.7. Active civil capacity of minors under fourteen years of age
1.

Contracts on behalf and in the name of minor’s under fourteen years of age name shall be concluded by their parents or guardians.

2.

Upon entering into contracts and enforcing them parents and guardians shall have to act exceptionally in the interest of minors. Rights and obligations of parents and guardians in administering the property of minors are laid down in the provisions of Book three of the given Code.

3.

Minors under fourteen years of age shall enjoy the right to enter alone into contracts to meet their ordinary and usual needs, conclude contracts aiming at gratuitous personal gain, as well as conclude contracts related to the use of their own earnings or money provided by their legal representatives or other persons if the said contracts fail to have a prescribed notarial or any other specific form.

4.

Liability of legal representatives for contractual obligations of minors, who are under fourteen years of age, shall be prescribed by law if they fail to prove that they are not at fault for the breach of the said obligations.

5.

Where a contract concluded by a minor under fourteen years of age is not recognised to be null and void and where the said person becomes legally capable, the other party to the contract may apply in writing to the party to the contract, who has become legally capable, and request the approval of the contract within the time limits, which may not be shorter than one month, determined in the application. Where the person fails to notify about his refusal to approve the contract within the proposed time limits, he shall be deemed to have approved the contract.

Article 2.8. Active civil capacity of minors over fourteen and under eighteen years of age

1.

Minors over fourteen and under eighteen years of age shall enter into contracts with the consent of parents or guardians. The form of consent shall have to correspond to the form of the contract concluded. Contracts concluded without the consent of legal representatives shall be deemed valid if the consent of the legal representative is given after the contract has been concluded.

2.

Minors over fourteen but under eighteen years of age, apart from the rights laid down in paragraph 3 of Article 2.7, shall have the right to dispose of their income and property acquired for that income, implement copyright to their works, inventions, industrial design as well as the right to enter into contracts alone to meet their ordinary and usual needs.

3.

Where there are sufficient grounds, the court may be called upon to rule on an application filed by child care institutions or other interested persons to impose restrictions on or divest minors, who are over fourteen but under eighteen years of age, of the right to dispose independently of their income and property.

4.

The right of minors over fourteen but under eighteen years of age to make deposits in credit institutions and dispose of them shall be prescribed by law.

5.

Minors over fourteen but under eighteen years of age shall alone be liable for their contractual obligations.

Article 2.9. Emancipation of minors
1.

Where a minor is sixteen years of age the court may emancipate him after he or his guardian , parents, institutions of guardianship or he himself has filed a declaration to that effect with the court if there are sufficient grounds to believe that he may exercise all civil rights and discharge his obligations alone. In all cases a minor has to give his consent to be emancipated.

2.

The court may annul minor’s emancipation on the request of parents or child care institutions in the event that exercising his rights and discharging his obligations a minor causes damage to his own or other persons’ rights or lawful interests.

SECTION THREE

DECLARATION OF INCAPACITY OR LIMITATION OF CAPACITY OF A NATURAL PERSON

Article 2.10. Declaration of incapacity of a natural person
1.

Natural person who as a result of mental illness or imbecility is not able to understand the meaning of his actions or control them may be declared incapable. The incapable person shall be placed under guardianship.

2.

Contracts on behalf and in the name of the person, who was declared incapable, shall be concluded by his guardian. Rights and obligations of a guardian are laid down in the provisions of Book Three of the given Code.

3.

Where a person who was declared incapable gets over his illness or the state of his health improves considerably the court shall recognise his capacity. After the court judgement becomes res judicta, guardianship to the said person shall be revoked.

4.

The spouse of the person, parents, adult children, care institution or a public prosecutor shall have the right to request the declaration of person’s incapacity by filing a declaration to the given effect. They shall also have the right to apply to the court requesting the declaration of person’s capacity.

Article 2.11. Limitation of active civil capacity of natural persons
1.

Where natural persons abuse alcoholic beverages, drugs, narcotic or toxic substances the court may impose restrictions on their civil capacity. After person’s capacity has been imposed limitations , he shall be placed under guardianship. Rights and obligations of a guardian are laid down in the provisions of Book three of the given Code.

2.

Upon imposition of a limitation on a person’s capacity he may enter into contracts related to the disposition of his property, receive his salary, pension or any other income and dispose of it only with the consent of his guardian , with the exception of contracts, which he concludes to meet his ordinary and usual needs. Person whose capacity has been imposed limitations may not without the consent of his guardian curator:

1)

borrow and lend money, when the sum exceeds two average monthly wages (without deductions);

2)

extend a guarantee or offer a surety to other person;

3)

conclude contracts of alienation or encumbrance of rights to his property ;

4)

conclude an arbitration agreement;

5)

file a statement of claim related to that part of his active civil capacity where his active capacity is limited;

6)

come into inheritance or disclaim an inheritance;

7)

conclude a contract for the construction of a construction works (apartment) or major repairs;

8)

conclude a contract of tenancy or a loan-for-use contract;

3.

The court may request the consent of the guardian curator to conclude other contracts, which are not laid down in paragraph 2 of the given Article.

4.

Where the reasons for which person’s capacity was imposed limitations are no more valid the court shall lift the limitations on person’s capacity. After the court judgement has come into force, guardianship to a person under which he has been placed shall be annulled.

5.

A person of full age who has limited capacity shall be alone liable for his contractual and non-contractual obligations.

6.

A request to impose limitations on person’s civil capacity may be filed by the spouse of the said person, his parents, adult children, institution of guardianship or the public prosecutor. The person whose capacity was imposed limitations shall also have the right to apply to the court requesting to lift the limitations on his capacity.

7.

Provisions of the articles of Part VII of Book Three of the given Code are applied mutatis mutandis to relations, arising in the exercise and protection of the property and non-property rights of an incapable natural person or a natural person of limited capacity.

Article 2.111. The Register of Legally Incapacitated Persons and Persons of Limited Capacity

1. The Register of Legally Incapacitated Persons and Persons of Limited Capacity shall record persons who are declared in accordance with the procedure laid down by the court to be legally incapacitated or whose civil capacity is limited, minors from 14 years of age to 18 years of age in the cases provided for in paragraph 3 of Article 2.8 of this Code, guardians and curators of such persons; the data of the court decisions, adopted in respect of them, concerning the establishment and revocation of legal capacity or limitation of legal capacity. The Register of Legally Incapacitated Persons and Persons of Limited Capacity shall be a non-public state register.

2. The leading Register management body shall be the Ministry of Justice of the Republic of Lithuania, the Register management body shall be the Central Mortgage Office. The data of the Register of Legally Incapacitated Persons and Persons of Limited Capacity shall be managed in accordance with the procedure laid down by the regulations of the Register of Legally Incapacitated Persons and Persons of Limited Capacity.

3. The data of the Register of Legally Incapacitated Persons and Persons of Limited Capacity shall be provided in accordance with the procedure laid down by the regulations of the Register of Legally Incapacitated Persons and Persons of Limited Capacity to the data recipients who have the statutory right to receive such data for the direct performance of their functions.

SECTION FOUR

DOMICILE AND RESIDENCE OF A NATURAL PERSON

Article 2.12. Domicile of a Natural Person

Being an expression of person’s relationship with the state or part of its territory, domicile of a natural person shall be that state or its part, in which he permanently or ordinarily resides, regarding that state or its part to be the seat of his personal, social and economic interests.

1.

A natural person is deemed to be domiciled in the Republic of Lithuania when of his own will he establishes and maintains the only or principal residence with the intention to make it a seat of his personal, social and economic interests. This intention, inter alia, may manifest itself by person’s actual presence on the territory of the Republic of Lithuania as well as the establishment of personal or business relations between him and the persons of the Republic of Lithuania or by some other criteria.

2.

A natural person may have only one domicile. A person called to a temporary or revocable public office shall retain his domicile.

3.

Domicile of a natural person shall be deemed unchanged until he changes it to another domicile.

4.

Domicile of a married person shall not depend on the domicile of his spouse, although the domicile of one of the spouses is the fact, which has to be taken into consideration in establishing the domicile of the other spouse.

Article 2.13. Domicile of Legally Incapable Natural Persons
1.

Domicile of legally incapable natural person shall be deemed to be the domicile of his guardian if the guardian and his ward reside in the same state.

2.

Where a legally incapable person resides in a different from his guardian state and the said state is the seat of personal, social and economic interests of the legally incapable person he shall be deemed to be domiciled in that state.

Article 2.14. Domicile of Juvenile Natural Persons

1.Domicile of minor natural persons shall be deemed to be the domicile of their parents or guardians (foster parents).

2.Where parents of a minor natural person fail to have a common domicile, the domicile of a minor shall be deemed to be the domicile of one of his parents with whom the minor resides most of the time, unless the court has established the domicile of a minor with one of his parents.

Article 2.15. Right of the Parties to the Contract to Choose Domicile

The parties to a contract shall enjoy the right to choose, in writing, domicile with the view to the performance of the contract and the exercise of the rights arising from the said contract.

Article 2.16. Place of Residence of a Natural Person

1.The residence of a person shall be the place where he ordinarily resides.

2.Where a person has more than one residence, the seat of his principal establishment (where the person has property or a major part of property, where he has his job or where he lives the longest) shall be deemed to be his principal residence. In such case person’s principal residence shall be taken into consideration in establishing his domicile.

3.A person, whose domicile cannot be determined with certainty in accordance with the criteria laid down in Article 2.12 of the given Code, shall be deemed to be domiciled at the place of his residence. This rule shall, too, be applied to refugees from the state, which was their domicile unless they were domiciled in the Republic of Lithuania in accordance with the provisions of Article 2.12 of the given Code.

Article 2.17. Criteria for the Establishment of Residence
1.

Length and continuity of actual residence at the place, data on person’s residence in public registers as well as his own public statements about his residence shall be taken into account in determining residence of a natural person.

2.

A person whose residence is unknown or cannot be determined with certainty shall be deemed to live at the place of his last known residence.

3.

A natural person must notify, in writing, the other party to the contract as well as his creditors or debtors about the change of residence. Where a person fails to perform this obligation the other party to the contract and creditors shall have the right to send notifications and perform other acts at the place of his last known residence.

SECTION FIVE

ACTS OF CIVIL STATUS

Article 2.18. State Registration of Acts of Civil Status

The state conducts mandatory registration of the following acts of civil status:

1)

birth of a person;

2)

death of a person;

3)

entering into marriage;

4)

dissolution of marriage

5)

adoption;

6)

recognition and establishment of parenthood;

7)

change of the first name and surname;

8)

change of designation of sex of a person;

9)

partnership.

Article 2.19. The Order of Registration of Acts of Civil Status
1.

Acts of civil status, except partnership, shall be registered in the registry offices by making respective entries into the register of civil status and issuing to the person the certificate of a respective entry of the act.

2.

The procedure of registration of acts of civil status, alterations of the acts of civil status, rectification and reconstitution of acts is established in Book Three of the given Code.

PART TWO

ENJOYMENT AND EXERCISE OF SPECIFIC CIVIL RIGHTS OF NATURAL PERSONS

Article 2.20. Right to a Name
1.

Every natural person shall enjoy the right to a name. Right to a name includes a right to a surname, name (names) and pseudonym. It shall be prohibited to gain rights and assume obligations under the cover of other person’s name.

2.

A natural person shall have the right to use his full or abbreviated name (names) and request other persons not to use and not to act in his name without his authorisation.

3.

The basis and the procedure for the change of name and surname shall be provided by law.

4.

Having changed his surname or name a natural person must inform his debtors and creditors thereof. Where the person fails to perform this obligation he shall run the risk of negative consequences ensuing after his failure to notify about the change of his name or surname.

Article 2.21. Protection of the Right to a Name
1.

A natural person whose right to a name has been infringed as a result of other person’s unlawful acts in his name or some other mode of unlawful appropriation of his name or he is prevented from using it, shall have the right to apply to court and request to oblige the guilty person to discontinue the said acts and redress the property and non-pecuniary damage incurred on him by such unlawful acts.

2.

After the death of a natural person such claim may be presented by his spouse, parents or children.

Article 2.22. Right to an Image
1.

Photograph (or its part) or some other image of a natural person may be reproduced, sold, demonstrated, published and the person may be photographed only with his consent. Such consent after natural person’s death may be given by his spouse, parents or children.

2.

Where such acts are related to person’s public activities, his official post, request of law enforcement agencies or where a person is photographed in public places, consent of a person shall not be required. Person’s photograph (or its part) produced under the said circumstances, however, may not be demonstrated, reproduced or sold if those acts were to abase person’s honour, dignity or damage his professional reputation.

3.

Natural person whose right to image has been infringed enjoys the right to request the court to oblige the discontinuance of the said acts and redressing of the property and non-pecuniary damage. After person’s death, such claim may be presented by his spouse, children and parents.

Article 2.23. Right to Privacy and Secrecy
1.

Privacy of natural person shall be inviolable. Information on person’s private life may be made public only with his consent. After person’s death the said consent may be given by person’s spouse, children and parents.

2.

Unlawful invasion of person’s dwelling or other private premises as well as fenced private territory, keeping his private life under observation, unlawful search of the person or his property, intentional interception of person’s telephone, post or other private communications as well as violation of the confidentiality of his personal notes and information, publication of the data on the state of his health in violation of the procedure prescribed by laws and other unlawful acts shall be deemed to violate person’s private life.

3.

Establishment of a file on another person’s private life in violation of law shall be prohibited. A person may not be denied access to the information contained in the file except as otherwise provided by the law. Dissemination of the collected information on the person’s private life shall be prohibited unless, taking into consideration person’s official post and his status in the society, dissemination of the said information is in line with the lawful and well-grounded public interest to be aware of the said information.

4.

Public announcement of facts of private life, however truthful they may be, as well as making private correspondence public in violation of the procedure prescribed in paragraphs 1 and 3 of the given Article as well as invasion of person’s dwelling without his consent except as otherwise provided by the law, keeping his private life under observation or gathering of information about him in violation of law as well as other unlawful acts, infringing the right to privacy shall form the basis for bringing an action for repairing the property and non-pecuniary damage incurred by the said acts.

5.

Where the said acts are committed on the basis of reasoned judgement of the court, restrictions imposed on the publication and collecting of information about the person which are laid down in the provisions of paragraphs 1 and 3 of the given Article shall not be applied.

Article 2.24. Protection of Honour and Dignity
1.

A person shall have the right to demand refutation in judicial proceedings of the publicised data, which abase his honour and dignity and which are erroneous as well as redress of the property and non-pecuniary damage incurred by the public announcement of the said data. After person’s death this right shall pass on to his spouse, parents and children if the public announcement of erroneous data about the deceased person abases their honour and dignity as well. The data, which was made public, shall be presumed to be erroneous as long as the person who publicised them proves the opposite.

2.

Where erroneous data were publicised by a mass medium (press, television, radio etc.) the person about whom the data was publicised shall have the right to file a refutation and demand the given mass medium to publish the said refutation free of charge or make it public in some other way. The mass medium shall have to publish the refutation or make it public in some other way in the course of two weeks from its receipt. Mass medium shall have the right to refuse to publish the refutation or make it public only in such cases where the content of the refutation contradicts good morals.

3.

The request to redress the property or non-property non-pecuniary damage shall be investigated by the court irrespective of the fact whether the person who has disseminated such data refuted them or not.

4.

Where a mass medium refuses to publish the refutation or make it public in some other way or fails to do it in the term provided in paragraph 2 of the given Article, the person gains the right to apply to court in accordance with the procedure established in paragraph 1 of the given Article. The court shall establish the procedure and the term for the refutation of the data, which were erroneous or abased other person’s reputation.

5.

The mass medium, which publicised erroneous data abasing person’s reputation shall have to redress property and non-pecuniary damage incurred on the person only in those cases, when it knew or had to know that the data were erroneous as well as in those cases when the data were made public by its employees or the data was made public anonymously and the mass medium refuses to name the person who supplied the said data.

6.

The person who made a public announcement of erroneous data shall be exempted from civil liability in cases when the publicised data is related to a public person and his state or public activities and the person who made them public proves that his actions were in good faith and meant to introduce the person and his activities to the public.

7.

Where the court judgement, which obliges the refutation of erroneous data abasing person’s honour and dignity, is not executed , the court may issue an order to recover a fine from the defendant for each day of default. The amount of the fine shall be established by the court. It shall be recovered for the benefit of the defendant irrespective of the redress for the inflicted damage.

8.

Provisions of the given article shall, too, be applied to protect the tarnished professional reputation of a legal person.

9.

Provisions of the given article shall not be applied to those participants of judicial proceedings who are not held responsible for the speeches delivered at court hearings or data made public in judicial documents.

Article 2.25. Right to the Inviolability and Integrity of the Person
1.

A natural person shall be inviolable. No natural person may be made to undergo scientific or medical test or examination against his will and without his free consent (in cases of person’s incapability – without consent of his legal representative). Such consent shall be given in writing.

2.

Intervention into a human body, removal of parts of his body or organs shall be possible only with his consent. Consent to a surgical operation shall be given in writing. Where a person is incapable his guardian shall give his consent, in the event of castration, sterilisation, abortion, operation, removal of organs of an incapable person, however, authorisation of the court shall be necessary. Such consent shall not be necessary in emergency cases when person’s life is endangered and has to be saved while the person himself is unable to express his will.

3.

A natural person may determine, in writing, the nature of his funeral and the disposal of his body after his death.

4.

The procedure for the donation and transplantation of human tissues and organs is established in a separate law.

5.

Human body, its parts or organs and tissues may not become subjects of commercial contracts. Such contracts shall be deemed null and void.

6.

The person whose right to the inviolability of and integrity of his person has been infringed shall enjoy the right to request the guilty persons to redress property and non-pecuniary damage incurred on him.

Article 2.26. Prohibition to Restrict the Freedom of a Natural Person
1.

Freedom of a natural person shall be inviolable. A capable person may be placed under any supervision or imposed any restrictions only after his consent has been given as well as in other cases prescribed by law.

2.

Where a person’s life is endangered or he has to be hospitalised to protect the public interests person’s consent to the medical care shall not be required.

3.

Psychiatric examination of a person may be conducted only with his consent or after the authorisation of the court has been granted. Consent to conduct psychiatric examination of an incapable person may be given by his guardian or by the court. Where a person’s life is seriously endangered urgent psychiatric care may be taken without person’s consent.

4.

A person may be confined in a psychiatric institution only with his consent and after the authorisation of the court has been granted. Where a person is seriously ill with a mental disease and where there is a real danger that his actions may cause considerable damage to his or other people’s health or life and property, the person may be hospitalised in a compulsory manner for the period not exceeding two days. Compulsory hospitalisation may be extended only after the authorisation of the court in accordance with the procedure prescribed by law has been granted. Where a person is incapable, his guardian may give his consent to the said person’s compulsory hospitalisation for the period not exceeding two days. Compulsory hospitalisation of an incapable person may be extended only after the authorisation of the court following the procedure prescribed by law has been granted.

5.

Persons who unlawfully imposed restrictions on the freedom of a natural person shall have to redress property and non-pecuniary damage incurred on the said person.

Article 2.27. Right to the Change of the Designation of Sex
1.

An unmarried natural person of full age enjoys the right to the change of designation of sex in cases when it is feasible from the medical point of view. The application to the given effect shall have to be made in writing.

2.

The conditions and the procedure for the change of designation of sex shall be prescribed by law.

CHAPTER THREE

RECOGNITION OF PERSON’S ABSENCE OR DECLARATORY JUDGEMENT OF DEATH

Article 2.28 Recognition of person’s absence
1.

Where for the period of one year in person’s domicile there is no information about his whereabouts the court may recognise the person to be an absentee.

2.

Where there is no possibility to establish the day when the last data about an absentee have been received, the first of January of the following year shall be deemed to be the beginning of person’s absence.

Article 2.29. Protection of the Property of an Absentee
1.

After application of the interested persons or the public prosecutor has been filed, the court shall appoint a temporary administrator of absentee’s property. Absentee’s spouse, close relatives or person’s who are motivated to preserve his property may be appointed temporary administrators. The temporary administrator must take the inventory of the property and take measures to safeguard it. The court shall establish the amount of remuneration for the administrator’s services with the exception of cases where the temporary administrator is person’s spouse or a close relative. They shall fulfil the said functions free of charge.

2.

Temporary administrator shall administer the property, shall maintain the persons whom the absentee is obliged to maintain and shall pay the absentee’s debts. Temporary administrator shall have to obtain the authorisation of the court to dispose of the property, mortgage it or restrict the right to property in some other manner.

3.

Where the absentee’s property is an enterprise the court shall appoint its administrator. The administrator shall act in his owner’s name.

4.

Where the court gives a judgement that the person is recognised an absentee, a permanent administrator to his property shall be appointed by the court judgement.

5.

A person may be appointed an administrator to the property only with his consent.

Article 2.30. Revocation of the Judgement to Recognise the Person an Absentee
1.

In the event that an absentee returns or his whereabouts become known the court shall revoke its judgement to recognise the person an absentee and the administration to his property.

2.

Revenues received by the administrator from the property of the absentee shall be recovered by the owner of the property who has returned and who has to reimburse the property administrator for all expenses related to the administration thereof.

Article 2.31. Declaratory Judgement of Death
1.

In the event that no information on person’s whereabouts is obtained in his domicile for a period of three years and where he disappeared under such circumstances, which posed a mortal threat or give the grounds to suspect that he was killed in an accident, and no information about the person has been obtained for a period of six months, a declaratory judgement of natural person’s death may be pronounced. The beginning of the said term is established in accordance with the rules laid down in paragraph 2 of Article 2.28 of the given Code.

2.

A soldier or other person who disappeared as a result of military actions may in judicial proceedings be declared dead but not earlier than two years as of the day of the end of military actions.

3.

A declaratory judgement of death may be pronounced for a person irrespective of the fact whether he was or was not recognised an absentee.

4.

The date of death for a person for whom a declaratory judgement of death was pronounced shall be deemed the day when the court judgement becomes res judicata . Where a declaratory judgement of death is pronounced for a person who disappeared under such circumstances, which posed mortal threat or give grounds to suspect that he was killed in an accident the court may consider the alleged day of the accident to be the date of his death.

5.

Specific location pointed out in the court judgement shall be considered to be the location of such person’s death. Where it is impossible to establish a specific location of person’s death the last known location of his whereabouts is deemed to be the location of his death.

6.

From the point of view of person’s civil rights and obligations, pronouncement of a declaratory judgement of his death shall equal the act of person’s death.

Article 2.32. Consequences of the Return of a Person who was Declared Dead
1.

Where a person who was declared dead returns or his whereabouts become known the court revokes its judgement to declare the person dead.

2.

The person who has returned shall not have the right to request the recovery of his property, which has been inherited after a declaratory judgement of death was pronounced. However, in cases where a person was absent for serious reasons he shall enjoy the right, irrespective of the time of his return, to request the recovery of his property which is in possession of his heirs.

3.

A person who has returned shall also enjoy the right to request either the recovery of his property, which was gratuitously received by the third persons, or its value. He shall have, however, to compensate the person, who, in good faith, was in possession of his property, for all losses related to the recovery of the said property or its value.

PART II

LEGAL PERSONS

CHAPTER IV

GENERAL PROVISIONS

Article 2.33. Concept of a Legal Person
1.

A legal person shall be an enterprise or an organisation which has its business name, which may in its name gain and enjoy rights and assume obligations as well as act as a defendant and as a plaintiff in courts.

2.

Provisions of the PART II of the given book shall be applied to individual juridical forms of legal persons except as otherwise provided by the provisions of the given Code.

3.

Incorporation, management, reorganization, restructuring, and liquidation of legal persons specified in the Law on Enterprises and Facilities of Strategic Importance to National Security and Other Enterprises Important to Ensuring National Security shall be regulated by this Code to the extent the Law on Enterprises and Facilities of Strategic Importance to National Security and Other Enterprises Important to Ensuring National Security does not provide otherwise.

Article 2.34. Public and Private Persons
1.

Legal persons shall be divided into public and private persons.

2.

Public legal persons shall be legal persons established by the state or municipalities, their institutions or other non-profit-seeking persons whose goal is to meet public interests (state and municipality enterprises, state or municipality institutions, public institutions, religious communities, etc.).

3.

Private legal persons shall be legal persons, which aim at meeting private interests.

4.

Chapter VII of the given book shall be applied to the public legal persons in a subsidiary manner.

5.

Chapter IX of the given book shall not be applied to the public legal persons.

Article 2.35. State and Municipalities
1.

The state and municipalities shall be legal persons.

2.

State and municipality institutions the existence whereof is prescribed by the Constitution of the Republic of Lithuania shall be legal persons in the cases prescribed by law.

3.

With the exception of Articles 2.36, 2.74, 2.76, 2.80, 2.84, 2.85 Provisions of the Part II of the given book shall not be applied to the state and municipalities.

4.

State and municipality institutions specified in paragraph 2 of the given Article shall file with the register of legal persons documents and data, laid down in Articles 2.46 and 2.66 of the given Code.

Article 2.36. Participation of the State and Municipalities in Civil Relations.
1.

State, municipalities and their institutions shall be subjects of civil relations subject to the same grounds as other participants thereof.

2.

The state and municipalities shall gain civil rights, assume civil duties and implement them through respective public and municipality administration institutions.

Article 2.37. Religious Communities and Associations
1.

Traditional religious communities and associations shall be legal persons. Other religious communities and associations gain the rights of a legal person in accordance with the procedure established in Chapter V of the given book as well as in other laws.

2.

Structural units of religious communities and associations, which pursuant to the regulations of communities and associations, statutes or other norms fulfil the requirements provided in Article 2.33 of the given Code, shall be legal persons. These structural units shall file documents, testifying to their compliance with the requirements specified in the given paragraph, with the register of legal persons.

3.

Religious communities and associations and their structural units, which enjoy the rights of a legal person, shall act pursuant to their regulations, statutes and other norms inasmuch as they do not infringe the laws, and only Chapters IV and VI , Articles 2.84, 2.85 shall be applied to the said legal persons as well as Chapter V but only inasmuch as it fails to contradict the provisions of paragraph I of the given Article.

Article 2.38. Trade Unions
1.

Where the requirements of paragraph 2 of the given Article are fulfilled trade unions shall be considered to be legal persons.

2.

A trade union shall be formed when it has no less than 20 founders or when the founders would account for no less than one tenth of all employees in an enterprise, an institution or an organisation (while one tenth of all employees would account for no less than three employees) and if the general meeting of the trade union approves its statute and elects its managing bodies.

3.

Citizens of the Republic of Lithuania or natural persons domiciled in the Republic of Lithuania who are not younger than fourteen years of age and are employed on the basis of labour contracts or some other basis may be founders of a trade union.

4.

Provisions of Chapter V of the given book shall be applied to trade unions inasmuch as they fail to contradict the provisions of paragraph 1 of the given Article. Trade unions shall file documents testifying to their compliance with the requirements laid down in paragraph 2 of the given Article with the register of legal persons.

Article 2.39. Business Name of a Legal Person
1.

A legal person shall possess its business name enabling to distinguish it from other legal persons.

2.

Business name of a legal person shall be its property, which, however, may not be sold or conveyed in any other manner to become the property of the other person separately from the legal person.

3.

Business name of a legal person may not contradict the public order or good morals or mislead the society as to its incorporator, co-owner, registered office, purpose of activities, juridical form, identity of the legal person or similarity to business names of other legal persons, business names of foreign enterprises, institutions and organisations, as well as trademarks and service marks which are familiar to the Lithuanian society. Business name of a legal person may not mislead by its identity or similarity to the recognised well-known trademarks and service marks which were submitted for registration, and were registered prior to the said legal person.

4.

Where provisions of paragraph 3 of Article 2.46 of the given Code must be applied, business name of a legal person shall not be registered separately and shall be protected as of the day on which an application for the registration of a legal person is filed with the register of legal persons or a legal act has been adopted.

5.

Regulations of the register of legal persons may establish additional requirements for the business name of legal persons.

Article 2.40. Composition of the Business Name of Legal Person
1.

Business name of a legal person is composed of words or word-combinations used in their figurative or direct meaning.

2.

Business name of a legal person shall be composed by taking into consideration the norms of standard Lithuanian and shall not be composed of a generic word (or words) denoting directly the sort of objects or services of activity or a single toponym or of some other word which fails to possess a distinctive feature.

3.

Business name of a legal person may be composed only of letters, which may not be understood as words and numerals or their combinations only in cases when such business name is customary in the society. Where the consent has been given, business name of a legal person which is related to a foreign legal person or other organisation may be composed in such manner which would make the said name identical or similar to the business name of a foreign legal person or other organisation.

Article 2.41. Business Name of a Legal Person which is in the Process of Incorporation
1.

Incorporators of a legal person may apply to the register of natural persons and request to make a temporary entry of the business name of a legal person, which is in the process of incorporation, in the register of legal persons.

2.

Business name of a legal person, which is in the process of incorporation, shall be subject to the same rules as the business name of a legal person with the exception of paragraph 4 of Article 2.39 and Article 2.42 of the given Code.

3.

Entry of a business name of a legal person, which is in the process of incorporation shall be made in the register of legal persons for the period of six months and upon its expiry shall be deleted without prior notification thereof to the founders of the legal person.

Article 2.42. Right to the Business Name of a Legal Person
1.

It shall be prohibited to gain rights and assume obligations by using other legal person’s business name as a cover or to use other legal person’s business name without the latter’s consent.

2.

Where legal person’s right to a business name has been infringed by other person’s unlawful use of the said person’s business name or where the other person has or uses a business name, which fails to meet the requirements laid down in Article 2.39 of the given Code, the legal person shall have the right to apply to the court and request the court to oblige the legal person to discontinue the said unlawful acts or alter the business name and to redress the property and non-pecuniary damage incurred by the said acts, while in the event that provisions of paragraph 1 of the given Article have been infringed – to request the person to return everything he has acquired by using other person’s name as a cover or using the said name without the latter’s consent.

Article 2.43. Alteration of the Business Name of a Legal Person
1.

Prior to the alteration of the business name a legal person shall have, one time, to make a public announcement thereof or notify, in writing, all creditors of the legal person.

2.

Where a legal person fails to discharge its obligation stipulated in paragraph 1 of the given Article he shall have to suffer the ensuing negative consequences related to its failure to notify about the alteration of its business name.

3.

The business name of a legal person shall be altered alongside with the alteration of incorporation documents, which are filed with the Register of legal persons only after the requirements of paragraph 1 of the given Article have been fulfilled.

4.

A legal person shall have the right to apply to the Register of legal persons and request to make a temporary entry in the Register of legal persons of the planned new business name. In such cases the provisions of Article 2.41 of the given Code shall be applied mutatis mutandis

Article 2.44. Information Supplied in the Documents of a Legal Person
1.

Documents of a legal person used in his business relations with other subjects (business letters, invoices, trade documents etc.) shall have to supply the following information:

1)

business name of a legal person;

2)

juridical form of a legal person;

3)

head office of a legal person;

4)

code of a legal person;

5)

Register which stores and safeguards the data on the given legal person.

2.

Where a legal person has declared bankruptcy or is liquidated the information thereof must be indicated in the documents specified in paragraph 1 of the given Article.

3.

Where a legal person has to pay value-added tax, the payer’s code shall have to be indicated in the documents specified in paragraph 1 of the given Article.

4.

Where the assets of a legal person are mentioned in the documents specified in paragraph 1 of the given Article, authorised capital and the amount of paid-in authorised capital shall have to be indicated as well.

Article 2.45. Member of the Legal Person
1.

A member of a legal person (shareholder, member, part-owner etc.) shall be the person, which enjoys the right of ownership to the property of a legal person, or the person, who, irrespective of his failure to maintain the right of ownership to the property of a legal person, acquires the obligatory rights and duties related to the legal person.

Article 2.46. Documents of Incorporation of a Legal Person
1.

Legal persons shall act in accordance with the documents of their incorporation: articles of incorporation, incorporation contract or in cases provided by law – general regulations. According to the provisions of the given Code articles of incorporation shall have equal status with the regulations, statutes and other incorporation documents of legal persons.

2.

Provisions of incorporation documents shall be valid inasmuch as they do not contravene the mandatory provisions of laws.

3.

Public legal persons may act in accordance with the law or, where the law provides for it, in accordance with the legal act on the incorporation of a public legal person adopted by the state or municipalities if the said act does not provide for the obligation of a public legal person to act in accordance with the statutes approved by the state or municipality institutions.

4.

Where incorporation documents of a legal person are not filed with the Register of legal persons within six months after they have been drafted and where other laws fail to provide for a different time limit, they shall be deemed void.

5.

Identity of signatures of natural persons who have signed the incorporation documents of a legal person shall have to be approved by a notary with the exception of derogations provided by the law.

Article 2.47. Articles of Incorporation of a Legal Person
1.

Articles of incorporation and in the event that a legal person fails to have articles of incorporation – incorporation contract or general regulations, where a legal person acts in accordance with the general regulations, or a legal act, where a legal person acts in accordance with the legal act, shall have to supply the following information:

1)

business name of a legal person;

2)

juridical form of a legal person;

3)

repealed;

4)

goals of activities of a legal person;

5)

competence of the general meeting of members of a legal person and the procedure for its convening;

6)

bodies of a legal person and the procedure for their formation and dissolution or, where the bodies are not formed and the legal person exercises its rights through a member of a legal person – member of a legal person;

7)

the procedure for the alteration of the incorporation documents of a legal person;

8)

where the term of activities of a legal person is restricted, the term of its activities;

9)

other provisions laid down in the laws, the incorporator or a member of a legal person.

2.

Goals of the activities of public legal persons shall have to be defined in a clear and comprehensive manner including the field and form thereof.

3.

It shall not be necessary to indicate the procedure for convening a general meeting of the members of a legal person and the competence of a general meeting, the procedure for setting up and dissolving other bodies of a legal person and their competence, the procedure for making changes in the documents of incorporation, if such procedure is identical to the procedure provided for by the law and where the given fact is indicated in the articles of incorporation.

Article 2.48. Property of legal persons
1.

Property of legal persons shall be administered, used and disposed of on the basis of the ownership right or the right of trust.

2.

Property, which is administered, used and disposed of on the basis of the right of trust shall be owned by the incorporator of a legal person or its member on the basis of the ownership right.

Article 2.49. Registered Office of a Legal Person
1.

Registered office of a legal person shall be the seat of its principal managing body. Registered office of a legal person shall be defined by indicating the address of the premises in which the head office is located.

2.

Where the registered office of a legal person indicated in the register of legal persons or the contract and the seat of its principal managing body fail to coincide, the third parties shall enjoy the right to consider the seat of its principal managing body to be the registered office of a legal person.

3.

All correspondence with a legal person shall be deemed appropriate where the address of the registered office is used as well as where due regard of paragraph 2 of the given article is taken except as otherwise provided by a legal person.

4.

A decision regarding the registered office of a legal person shall be taken by incorporators. A decision to change the registered office a legal person shall be taken in accordance with the procedure laid down by the incorporation documents of a legal person, unless laws regulating activities of individual legal persons provide otherwise.

Article 2.50. Contractual Liability of Legal Persons
1.

A legal person shall be liable for his obligations by his property, which it owns on the basis of the ownership right or right of trust

2.

A legal person shall not be liable for the obligations of its member and the latter shall not be liable for the obligations of the legal person with the exception of cases provided by the law and incorporation documents of a legal person.

3.

Where a legal person fails to perform his obligations due to acts in bad faith of a member of the legal person, the member of a legal person shall, in a subsidiary manner, be liable for the obligations of a legal person by his property.

4.

Legal persons shall be divided into persons of limited and unlimited civil liability. Where the property of a legal person of unlimited civil liability is not sufficient to discharge its obligations, a member of a legal person shall be liable for the said obligations. Personal (individual) enterprise and commercial partnership shall be legal persons of unlimited civil liability.

Article 2.51. Term of the Activities of a Legal Person
1.

A legal person may be incorporated for a fixed or open-ended term. Date as well as presence or absence of certain conditions may be considered to be the term.

2.

Where documents of incorporation of a legal person fail to indicate that the legal person has been incorporated for a fixed period of time such legal person shall be considered incorporated for an open-ended term.

Article 2.52. Financial Year of a Legal Person
1.

Financial year of a legal person shall be the calendar year.

2.

Any other period of twelve months may be considered to be the financial year of a legal person.

3.

Where the financial year is changed, the end of the financial year shall be considered to be the end of the new financial year if the period from the beginning of the financial year to the end of the new financial year is not longer than eighteen months. Where such period is longer than eighteen months, transitional financial year shall be set and its beginning shall be the end of the previous financial year whereas the end of it – the beginning of the new financial year.

4.

Upon the incorporation of a legal person, the first financial year of a legal person shall be the period from the day of its incorporation to the end of the financial year. With the expiry of the term of a legal person the period from the beginning of the financial year to the day of the expiry of the term of a natural person shall be considered to be the last financial year.

5.

Financial year of a legal person may not be altered more frequently than one time in five years. Where a legal person changes its financial year for a financial year coinciding with the calendar year, the given provision shall not be applied.

Article 2.53. Branch Office of a Legal Person
1.

Branch office of a legal person shall be its structural unit, which has its registered office and performs all or part of legal person’s the functions.

2.

Branch office of a legal person shall not be a legal person. The legal person shall be liable for the obligations of the branch office and the branch office shall be liable for the obligations of the legal person.

Article 2.54. Regulations of the Branch Office of a Legal Person
1.

Branch office of a legal person shall act in accordance with the regulations approved by a legal person. They must contain the following information:

1)

business name of the branch office;

2)

repealed

3)

goals of activities of the branch office;

4)

managing body of the branch office and its competence;

5)

term of the activities of the branch office (where it is fixed

6)

other provisions established by the law or a legal person.

2.

Regulations of the branch office of a legal person shall also provide information specified in subparagraphs 1, 2, 4 and 5 of paragraph 1 of Article 2.44 of the given Code on the founder of the branch office and on the managing body of a legal person, which enjoys the right to form or dissolve managing bodies of the branch office and make decisions on the legal status of the branch office.

Article 2.55. Regulation of Branch Offices
1.

Provisions of PART II of the given book shall be applied to the branch offices and their activities inasmuch as they do not contradict the essence of a branch office and by taking due regard of peculiar provisions laid down in the given Article.

2.

Documents of the branch office listed in Article 2.44 of the given Code shall also contain analogous information about the legal person, with the exception of information specified in paragraph 3 of Article 2.44 of the given Code in cases, where a foreign legal person or other organisation is the founder of the branch office.

3.

Upon the registration of a branch office a foreign legal person or other organisation must to notify the Register of legal persons about the alterations in the legal person’s documents and data which were filed with the Register, and the legal status of a legal person or other organisation, must present a set of annual financial statements of a legal person, other organisation or branch office, if a set of annual financial statements of a foreign legal person or other organisation is compiled in accordance with the requirements other than those applied in the European Union, and financial reporting is mandatory under laws of the Republic of Lithuania which are applied to a foreign legal person or other organisation.

Article 2.56. Representative Office of a Legal Person
1.

Representative office of a legal person shall be a unit of a legal person, which shall have its registered office enjoy the right to perform all operations specified in paragraph 2 of the given Article.

2.

Representative office of a legal person shall have the right to represent the interests of a legal person and safeguard them, to enter into contracts as well as perform other operations in legal person’s name, to conduct import and export operations exclusively between foreign legal persons and other organisations, which have established the branch office or related enterprises, institutions or organisations and the branch office.

3.

Representative office of a legal person shall not be a legal person.

Article 2.57. Regulations of a Representative Office of a Legal Person

1.Representative office of a legal person shall act pursuant to the regulations approved by a legal person which have to indicate:

1)

business name of a representative office;

2)

registered office of a representative office;

3)

goals of activities of a representative office;

4)

managing body of a representative office and its competence;

5)

period of activities of a representative office where it is limited;

6)

other provisions established by the law or a legal person.

2.Regulations of the representative office of a legal person shall also include information specified in Article 2.24 of the given Code about its founder and about the managing body which has the right to form and dissolve managing bodies and make decisions on the legal status of a representative office.

Article 2.58. Regulation of the Representative Office of a Legal Person
1.

Provisions of Part II of the given book shall be applied to representative offices inasmuch as they do not contradict the essence of a representative office and by taking due regard of peculiar provisions laid down in the given Article.

2.

Documents of a representative office listed in Article 2.44 of the given Code must also contain similar information about a legal person, with the exception of information specified in paragraph 3 of Article 2.44 of the given Code in cases, where the founder of a representative office is a foreign legal person or other organisation.

3.

Upon registration of a representative office a foreign legal person or other organisation must notify the Register of legal persons about the alterations of legal person's documents and data filed with the Register as well as about the legal status of a legal person.

CHAPTER V

INCORPORATION OF A LEGAL PERSON

Article 2.59. Procedure for the Incorporation of a Legal Person

Legal persons shall be incorporated pursuant to the procedure established by the law and the given Code.

Article 2.60. Incorporators of a Legal Person
1.

Incorporator of a legal person shall be a person who has concluded a contract for the incorporation of a legal person. Upon passing a respective law or, where it is provided for by the law, other legal act, the state, or, where it is provided by the law, a municipality, public or local self-government institutions upon passing a respective legal act, which forms the basis for the

2.

Natural and legal persons may be incorporators of a legal person.

3.

The law may provide for cases, where for the purpose of protection of public order or where retaliatory action is taken, a foreign legal person, other organisation or a foreigner may not be an incorporator or a member of legal persons.

Article 2.61. Contracts Concluded Prior to the Incorporation of a Legal Person
1.

A special managing body of a legal person or some other body defined in the incorporation document shall have the right to approve contracts, which in a legal person’s name were concluded by other persons prior to the incorporation of a legal person. When such contract is concluded it should be indicated that it is concluded in a legal person’s name and in its interests. Where such reference fails to be included the person who has concluded the contract and the legal person, whose managing body or some other body defined in the incorporation document approved the contract concluded in its interest, shall have solidarity obligation to discharge their contractual obligations.

2.

Where such contract fails to be approved by the body of the legal person which was incorporated at a later date all obligations arising from the contract shall have to be discharged by the person who has concluded the said contract. Where such contract has been entered into by some persons and where a legal persons fails to approve it all persons shall have the solidarity obligation to discharge obligations arising from the said contract.

Article 2.62. Register of Legal Persons
1.

Legal person shall have to be registered with the Register of legal persons.

2.

Register of legal persons shall file legal persons and store data thereof. Register of legal persons shall be the principal register of the state.

3.

Register of legal persons must be supplied with all data prescribed by the law on legal persons themselves and their activities (principle of disclosure).

4.

A head institution for the administration of the Register of legal persons and an institution for the administration of the Register (registrar of the Register) shall be defined by the law .

Article 2.63. Moment of Incorporation of a Legal Person
1.

A legal person shall be deemed incorporated as of the moment of its registration with the Register of legal persons.

2.

In cases prescribed by the law or laws, other legal act which formed the basis for the incorporation of public legal person may establish that a legal person is deemed incorporated after the act forming the basis for the incorporation has entered into force. In such cases the said legal act must contain the data laid down in Article 2.66 of the given Code and the said legal act has to be published and produced to the Register of legal persons.

Article 2.64. Registration of Legal Persons
1.

A legal person shall be registered with the Register of legal persons after documents listed in paragraph 2 of the given Article have been produced except as otherwise provided by other laws in relation to cases established by the provisions of the given Code.

2.

The following documents shall have to be produced to the Register of legal persons for the registration of a legal person:

1)

application of the established form for the registration of a legal person;

2)

incorporation documents of a legal person;

3)

licence, where issuance of a licence prior to the incorporation of a legal person is provided for by the law;

4)

documents verifying the authenticity of documents which are produced to the Register and the compliance of incorporation documents with the provisions of laws as well as documents verifying the fact that a legal person may be registered because contractual obligations assumed in the incorporation contract have been fulfilled and the circumstances prescribed by the law and incorporation documents have emerged;

5)

repealed

6)

other documents prescribed by the law.

3.

A legal person must be registered within 3 working days from the day on which all documents listed in Paragraph 2 of the given Article are produced and a registration fee is paid.

4.

Regulations of the Register of legal persons shall establish the procedure for the registration of legal persons.

5.

A fee shall be paid for registration of legal persons, their representative offices and branch offices, registration of alterations of their data, information and incorporation documents. A rate of the fee shall be fixed by the Government.

6.

A legal person may be removed from the Register only on the expiry of the term of a legal person.

Article 2.65. Code of a Legal Person

Upon registration of a legal person, the registrar of the Register shall give a legal person a code of a legal person and shall issue an extract from the Register of legal persons.

Article 2.66. Data of the Register of Legal Persons
1.

Register of legal persons shall have to include:

1)

business name of a legal person;

2)

juridical form of a legal person;

3)

code of a legal person;

4)

registered office of a legal person;

5)

bodies of a legal person;

6)

members of managing bodies of a legal person (name, surname, personal code, place of residence);

7)

members of managing bodies of a legal person and members of a legal person having the right to conclude contracts in the legal person’s name, limits of authority;

8)

branch offices and representative offices of a legal person (names, codes, registered offices, members of managing bodies of branch offices and representative offices);

9)

restrictions on the activities of a legal person;

10)

legal status of a legal person;

11)

expiry of the term of a legal person;

12)

dates of alterations in the data filed with the register and dates of the alteration of documents;

13)

a financial year of a legal person;

14)

other data prescribed by the law.

2.

Where legal persons the members whereof are liable for contractual obligations of a legal person are registered, additional information on a member, a natural person, of a legal person shall be furnished: name, surname, personal code, residence or business name of a legal person, juridical form, code and registered office.

3.

Where the data, listed in paragraphs 1 and 2 of the given Article has been altered and where incorporation documents or other data listed in paragraphs 1 and 2 of the given Article has been altered, a legal person must file an application of the established form requesting the registration of the alterations with the Register of legal persons within thirty days as of the day the alterations have been made. Documents listed in point 4 paragraph 2 of Article 2.64 of the given Code and full text of the altered document, where the document has been altered, must be produced together with the application requesting the registration of the alterations.

4.

A set of annual financial statements (a set of consolidated financial statements) and an annual report (a consolidated annual report) of an enterprise shall be produced to the Register of legal persons every year within thirty days from the day of their approval, except as otherwise provided for by the law.

5.

Alterations in the data listed in points 5-7 and 11 of paragraph 1 of the given Article as well as alterations of documents shall enter into force only upon their registration with the Register of legal persons with the exception of derogations provided by the law.

Article 2.67. Persons Responsible for the Production of Documents of a Legal Person and the Data of the Register to the Registrar of the Register
1.

Managing body of a legal person shall be responsible for the timely production of documents of a natural person, data and other requested information to the Register of legal persons except as otherwise provided by the law or incorporation documents.

Article 2.68. Refusal to Register

1. The registrar may refuse to register a legal person or the alterations in the data and documents of a legal person only in cases where:

1)

the application to register a legal person (alterations of data and documents to be registered with the register, removal of data) fails to conform to the established form or not all documents specified in Articles 2.63 and 2.64 are produced;

2)

the term specified in paragraph 4 of Article 2.46 of the given Code has expired;

3)

data and documents produced to the Register are not in conformity with one another, are vague or misleading;

4)

form or content of the documents fail to conform to the requirements provided for by law.

2. Where obstacles for the registration of the produced documents and data arise, the registrar shall set a time limit for the elimination of defects. Where the defects are not eliminated within the established time limit and corrected documents are not produced to the registrar, the registrar makes a motivated decision to refuse the registration of a legal person (alterations in data or documents).

3. Decision to refuse registration of a legal person (data to be registered in the register or alterations in documents) shall be appealed to the court in accordance with the procedure established by the law.

Article 2.69. Rectification of the Register of Legal Persons
1.

Errors in the Register of legal persons shall be rectified on the application of a legal person or a person whose data has been inserted in the Register or on the initiative of the registrar.

2.

Upon the detection of an error in the Register, the registrar shall have, without delay, to notify, in writing, a legal person. Where a legal person fails to raise objections within the time limit set by the registrar for the rectification of the error, the registrar shall rectify the data in the register.

3.

In the event that a legal person, the data whereof has been registered with the Register, requests the rectification of an error in the Register, the registrar shall have to rectify the data in the Register within three business days as of the day, on which the application and the documents verifying the facts have been received.

4.

The registrar shall have to notify, where applicable, the persons who were given erroneous data about the rectification of the mistake in the Register.

Article 2.70. Liquidation of a Legal Person on the Initiative of the Registrar of Legal Persons.
1.

Where a legal person registered with the Register fails to renew its data in the Register of legal persons within five years and where there are grounds to presume that the said legal person has stopped its activities or where an enterprise failed to produce documents of financial accountability, which were specified in paragraph 4 of Article 2.66 of the given Code for a period exceeding twenty four months and failed to inform the administrator of the Register of legal persons about the reasons thereof or where management bodies failed to make decisions due to the lack of quorum after the resignation of the members of managing bodies of a legal person and the situation persists for more than six months or where members of managing bodies of a legal person may not be contacted at the registered office of a legal person or locations, the addresses of which have been produced to the Register of legal persons, the registrar of the Register shall have the right to initiate liquidation of a legal person.

2.

The registrar of legal persons shall send a notification about the pending liquidation of the legal person to the registered office of a legal person or to the addresses of the members of managing bodies of a legal person which were produced to the register of legal persons as well as make the public announcement of the said notification in the source provided for in the regulations of the register of legal persons.

3.

Where within three months following the public announcement of the pending liquidation of a legal person the registrar of legal person fails to receive objections to the pending liquidation of a legal person he applies to the court requesting to put the legal person into liquidation.

4.

Requests of the registrar of the Register regarding liquidation of a legal person shall be considered in accordance with the procedure laid down in Chapter XXXIX of the Code of Civil Procedure.

Article 2.71. Publication of the Register of Legal Persons
1.

Data of the Register of legal persons, documents stored in the register as well as any information supplied to the Register shall be made public.

2.

A separate file shall be made up for each legal person. Documents, their copies produced to the Register, data and other information related to the given legal person shall be stored and safeguarded in the said file.

3.

When the Register produces in a written form extracts of the data and information stored in the Register, a mark “attested extract” must be applied, and when it produces copies of the documents – a mark “attested copy” must be applied, except in cases where an applicant does not request the said mark. When the Register produces in an electronic form extracts of the data and information stored in the Register and copies of the documents a mark “attested extract” (“attested copy”) shall not be applied, except in cases where an applicant requests the said mark. When the registrar of the Register of Legal Persons produces extracts of the data and information, copies of the documents stored in the Register, the said extracts and copies shall have prima facie authority.

4.

Every person shall have the right to receive, free of charge, oral information on the legal status of a legal person and restrictions imposed of his activities in accordance with the procedure established by the Register of legal persons.

Article 2.72. Procedure and Mode of Publication of the Data of the Register of Legal Persons
1.

The registrar shall have to make a public announcement of the registration of a legal person, alteration of the data stored in the Register in accordance with the procedure established by the provisions of the Register of legal persons and in the source designated by the said provisions.

2.

Copies of the data and documents stored in the Register of legal persons shall be issued pursuant to the procedure established by the regulations of the Register of legal persons.

3.

Every person shall enjoy the right to be issued copies of any data, documents and information stored in the Register after a fee not exceeding the costs of the said work has been paid.

4.

Data of the Register of legal person shall be issued free of charge:

1)

to natural persons whose data are inserted in the Register – the Register stores the data about the said persons;

2)

to law enforcement institutions, courts and tax administration institutions – inasmuch as they need such data for discharging their direct functions;

3)

to other State registers and information systems – under data provision contracts.

5.

a fee for the issuance of copies of the data and documents of legal persons shall not exceed the costs of the administration of the Register.

Article 2.73. Liability for Unlawful Refusal to Register a Legal Person and for Errors in the Register of Legal Persons
1.

Where a legal person and the data produced to the Register or documents to be registered with the Register, are unlawfully refused registration a legal person shall have the right to seek a legal redress for the damage inflicted on him by the said actions.

2.

Damage incurred by the actions specified in paragraph 1 of the given Article on a legal person as well as damage incurred on other persons in the administration of the Register of legal persons shall be redressed by the State. The said damage is recovered in judicial proceedings. Institution authorised by the State shall represent the State in civil cases for the award of damage.

CHAPTER VI

LEGAL CAPACITY OF LEGAL PERSONS

Article 2.74. Legal Capacity of Legal Persons
1.

Private legal persons may be in possession of or achieve any civil rights and assume duties except those, which may emerge only when such characteristics of a natural person as gender, age and consanguinity are in place.

2.

Public legal persons shall have a special legal capacity, i. e they may be in possession of or achieve only such civil rights and assume such duties, which are not at variance with their incorporation documents or goals of activities.

3.

Provisions of paragraph 3 of Article 2.4 of the given Code shall be applied to legal persons mutatis mutandis.

Article 2.75. Restrictions on the Legal Capacity of Legal Persons
1.

Legal Capacity of legal persons may not be imposed limitations in any other manner except as by express provision and procedure of law.

2.

Legal Capacity of an individual legal person may be imposed limitations only by the court judgement.

Article 2.76. Prohibition of Discrimination
1.

It shall be prohibited to establish in legal acts, for discrimination purposes, different rights, obligations or privileges for separate legal persons.

Article 2.77. Licensing of the Activities of Legal Persons
1.

In cases provided by law legal persons may be engaged in a certain type of activities only after a licence has been granted in accordance with the procedure established by the law.

2.

A legal person must be in possession of all licences (permits) which are defined in the law as a necessary prerequisite for its activities.

Article 2.78. Licensing Requirements
1.

The Government approves licensing requirements for every licenced sphere of activities provided by law except as otherwise provided by other laws.

2.

Licensing requirements shall indicate the following:

1)

licenced activities;

2)

licensing institution and its authority;

3)

documents for the issuance of a licence;

4)

procedure and term for the investigation of documents;

5)

types of licences, conditions of their issuance, re-issuance of a licence;

6)

forms of licences;

7)

procedure for the registration of issued licences;

8)

cases of refusal to issue a licence;

9)

conditions of licenced activities;

10)

procedure for the supervision of the observance of the conditions of a licence;

11)

procedure and cases for the revocation and withdrawal of a licence.

3.

Regulations of licensing may provide for other requirements and a different procedure.

Article 2.79. Issuance of a Licence
1.

Where the requirements specified in the regulations of licensing are fulfilled an open-ended licence shall be issued.

2.

Except as otherwise provided by law, licence for the engagement in a certain activity or a written motivated refusal to issue a licence shall be submitted to an applicant within thirty days as of the day on which the documents for the issuance of a licence were produced.

3.

Refusal to issue a licence may not be based on the inexpediency of activities and has to be motivated.

4.

Information on the issuance of a licence, its revocation and withdrawal shall be stored in the register of legal persons. The licensing authority must notify the register of legal persons about the issuance, revocation and withdrawal of licences in accordance with the procedure established by the regulations of the register of legal persons.

5.

Upon the issuance of a licence a legal person must supply information specified in the licensing requirements and related to the licenced activities or conditions predetermining the issuance thereof and allow the institution for the supervision of licenced activities to verify it.

6.

A state fee for the issuance of a licence shall not exceed the costs of the issuance of a licence and supervision thereof.

Article 2.80. Prohibition to Use Administrative Methods
1.

Public or municipality institutions shall be prohibited, in cases not prescribed by law, to use methods of administrative regulation of the activities of legal persons.

2.

Where, in accordance with the procedure prescribed by law, an emergency or martial law is declared or a certain territory is declared the region of disaster, legal persons must carry out the instructions of the Government or local self-government institution.

CHAPTER VII

BODIES OF A LEGAL PERSON

Article 2.81. Bodies of a Legal Person
1.

Legal persons achieve civil rights, assume civil duties and implement them through their bodies which are formed and act in accordance with laws and documents of incorporation of legal persons

2.

In cases prescribed by laws and incorporation documents legal persons may achieve civil rights and assume duties through their members.

3.

Members of legal persons enjoy the right to institute an action at law requesting to prohibit the managing bodies of a legal person to enter into contracts which contravene the goals of the activities of a legal person or overstep the authority of a managing body of a legal person.

4.

Only natural persons may be members of managing bodies of a legal person whereas both natural and legal persons may be members of other bodies.

Article 2.82. Authority and Functions of the Bodies of Legal Persons
1.

Authority and functions of the natural persons’ bodies shall be established by the law and incorporation documents of a legal person, which regulate legal persons of a respective juridical form.

2.

Where incorporation documents and laws regulating the activities of a legal person fail to provide a different structure of managing bodies, each legal person must have a single-person or a collegial managing body and the general meeting of members. Laws regulating individual juridical forms of legal persons may establish that an managing body and the general meeting of members may be considered to be the same body of a legal person.

3.

A managing body shall be responsible for convocation of the general meeting of members of a legal person, notification of the members of a legal person about the essential events which are important for activities of a legal person, organisation of legal person’s activities, accounting of the members of a legal person and actions specified in paragraph 3 of Article 2.4 of the given Code, except as otherwise provided in laws regulating activities of individual legal persons.

4.

Decisions of the bodies of a legal person may, in judicial proceedings, be declared void where they contravene the imperative provisions of the law, incorporation documents of a legal person or principles of reasonableness and good faith. Where the decision infringes their rights or interests, action can be taken by the creditors of a legal person, a respective managing body of a legal person, member of a legal person or other persons prescribed by the law. Three-month limitation of actions period shall be set for the said actions. It shall be counted as of the day on which the defendant found out or had to find out about the contested decision where the given Code and other laws fail to set another term of limitation of actions or a different procedure for the challenging of the decision.

Article 2.83. Contracts Concluded in Overstepping the Authority of Managing Bodies of a Private Legal Person
1.

Contracts concluded by the managing bodies of a private legal person in overstepping their authority shall impose obligations on a legal person except in cases where it is proved that concluding the contract the third person was aware or due to certain circumstances may not have failed to be aware of the fact that the contract has been entered into by a managing body of a legal person who was not authorised to conclude it.

2.

Paragraph 1 of the given Article shall not be applied where quantitative representation has been established, i.e. only some members of a managing body together or a member of a managing body and a representative together are authorised to act in the name of a legal person. Quantitative representation shall have to be provided in the incorporation documents of a legal person, specified in the register of legal persons and publicised in accordance with the procedure established by the regulations of the register of legal persons.

3.

Where a legal person fails to satisfy fully the claim of a third person, the person who has concluded the contract under circumstances laid down in paragraph 1 of the given Article shall take on subsidiary liability.

Article 2.84. Contracts Concluded in Overstepping the Authority of Managing Bodies of a Public Legal Person
1.

Contracts concluded by administrative bodies of a public legal person in overstepping their authority shall not impose obligations on a legal person.

2.

Where, at a later date, the person approves the contract, the contract shall become valid as of the day of its conclusion.

3.

A person who, under the circumstances laid down in paragraph 1 of the given Article, has concluded a contract, which is not approved by a legal person, must redress the damage incurred on the third person, if he fails to prove that concluding the contract the third person was aware or due to certain circumstances may not have failed to be aware of the fact that the contract has been concluded in overstepping the authority of the managing body of a legal person.

Article 2.85. Public Announcement of the Authority

Publication and indication in the Register of legal persons of the authority of managing bodies of legal persons which was stipulated in incorporation documents shall not affect the application of the provisions of Articles 2.83 and 2.84.

Article 2.86. Equality of Members of Legal Person’s Managing Bodies

Members of legal person’s managing body shall enjoy equal rights and obligations with the exception of the case specified in paragraph 2 of Article 2.93 of the given Code.

Article 2.87. Duties of Members of Legal Person’s Managing Bodies
1.

Member of a legal person’s body shall have to act in good faith and reasonable manner in respect of the legal person and members of other legal person’s bodies.

2.

Member of a managing body of a legal person shall have to be loyal to the legal person and maintain confidentiality.

3.

Member of legal person’s managing body shall have to avoid a situation where his personal interests are contrary or may be contrary to the interests of a legal person.

4.

Member of a managing body of a legal person may not confuse the property of a legal person with his own property and, without consent of members of a legal person, use the property or the information, which he obtains in the capacity of a member of legal person’s body, for his personal gain or third person’s gain.

5.

A member of a managing body of a legal person must notify other members of the managing body of a legal person about the circumstances laid down in paragraph 3 of the given Article and define their nature and, where applicable, their value. Such information shall have to be supplied in writing or included into the minutes of the meeting of legal person’s bodies.

6.

A member of a managing body of a legal person may enter into a contract with a legal person being in the capacity of a member of the said person’s body. He shall have, without delay, to notify other bodies of a legal person about the said contract in accordance with the procedure established in paragraph 5 of the given Article or members of a legal person where incorporation documents of a legal person fail to provide explicitly for a different procedure of notification.

7.

A member of a managing body of a legal person who fails to perform or performs improperly his duties specified in the given Article or incorporation documents must redress all damage incurred on a legal person except as otherwise provided by law, incorporation documents, or an agreement.

Article 2.88. Agreements on the Voting of the Members of a Legal Person
1.

Members of a legal person may conclude an agreement on general voting at the meeting of the members of a legal person. Agreements on voting are null and void where an obligation is assumed:

1)

to vote according to instructions received from the managing bodies of a legal person;

2)

to vote for all proposals made by the managing bodies of a legal person;

3)

to vote according to instructions or abstain from voting for certain remuneration.

2.

An agreement on voting may establish that parties to the said agreement may grant an authorisation to a third person to vote at the general meetings of the members of a legal person in the name of the parties to the agreement on voting, and such authorisation may be revoked only in cases provided for in the said agreement.

3.

Upon the issuance of the authorisation in accordance with the provisions of paragraph 2 of the given Article, the parties to the agreement are deprived of the right to vote or to grant authorisation to other persons to vote at the meetings of members of legal person for issues specified in the authorisation.

4.

Where provisions of an agreement on voting have been infringed by one party to the agreement the court is authorised to oblige re-counting of the results of voting at the meeting of members of a legal person in accordance with the agreement on voting and reverse the decision taken at the meeting of members of a legal person in cases where voting in violation of the agreement was decisive in arriving or not arriving at a certain decision.

Article 2.89. Transfer of a Voting Right
1.

A member of a legal person may transfer his right to vote at the general meeting of members of a legal person to other persons and establish the procedure and modes of exercising the voting right.

2.

An agreement on the transfer of the voting right enters into force as of disclosure to a legal person of the data on the number of transferred votes, time limit of transfer, grounds for the entitlement to the voting right, member of a legal person who transfers the right and the person who achieves the right (inasmuch as is provided in incorporation documents of a legal person, laws or the established practice of a legal person).

3.

A legal person must notify the member of a legal person who transfers his voting right and the person who achieves it as well as, at the nearest meeting of members of a legal person, announce that he has received documents and information specified in paragraph 2 of the given Article. Obligations of a legal person related to the convening of the general meeting of members of a legal person are fulfilled in respect of the person who has achieved a voting right.

4.

Term for an agreement on the transfer of a voting right may not exceed a period of ten years.

5.

Other non-property rights enjoyed by a member of a legal person may, too, be transferred by an agreement on the transfer of voting rights.

Article 2.90. Minutes
1.

Meetings of a legal person’s collegiate body shall keep the minutes.

2.

The minutes shall include the time and place of a meeting, number of participants, the fact of having a quorum, results of voting, and decisions. The minutes shall have to be annexed by the list of participants and information on the convening of the meeting. On the request of participants of the meeting information specified by them shall have to be included into the minutes. All alterations and supplements shall have to be deliberated.

3.

Minutes shall have to be stored no less than ten years and on the request of each participant or other member of a managing body who participated or was entitled to participate in the meeting a copy of the minutes shall have to be issued. A legal person shall have the right to demand from a member of a legal persona a fee, not exceeding the costs of its issuance, for the copy of minutes.

4.

Where a decision is signed by all members of a managing body of a legal person or where only one person constitutes a body of an legal person and in this case a decision made by that member of a legal person equals a decision made by a managing body of a legal person, minutes shall not be taken.

5.

Laws may provide for different or supplementary requirements for minutes compared to those, which are laid down in paragraph 2 of the given Article.

Article 2.91. Keeping and Signing of Minutes
1.

Minutes shall be taken by a secretary of a meeting, a chairman of a meeting, where a secretary is not elected, or by a chairman of a collegiate managing body of a legal person where a chairman and secretary of a meeting are not elected.

2.

Minutes are signed by the person who has taken it and by the chairman of a meeting and in cases where he is not elected – chairman of a collegiate managing body of a legal person.

3.

Minutes shall be taken and signed within a time limit established in incorporation documents or laws and in all cases, however, must not exceed thirty days as of the day on which a meeting was convened.

Article 2.92. Remarks on the Minutes
1.

Participants of a meeting shall enjoy the right to make remarks on the minutes within three days as of the moment they have read them but neither the period of three days nor the maximum time limit for taking minutes established in incorporation documents may be exceeded.

2.

Remarks on the minutes shall be attached to the minutes together with the information whether persons who signed the minutes agree or disagree with them.

3.

Failure to make remarks shall not preclude the right to contest decisions of the managing body of a legal person.

Article 2.93. Voting

1. Resolutions of collegiate bodies of a legal person shall be adopted by voting.

2. Equality of votes shall mean that the same number of votes “for” and the same number of votes “against” have been received. In cases of equality of votes, vote of the chairman of a collegiate body shall be decisive. Where the chairman of a collegiate body has not been designated or fails to participate in the resolution adopting process, the resolution, in the case of equality of votes, shall be deemed not adopted.

3. Where members of a collegiate body fail to raise objections voting could be done, in writing, in the form of an interview.

4. In urgent cases the court may designate members of a body of a legal person.

5. Member of a body of a legal person may vote himself or may authorise other persons to vote for him as his proxy except as otherwise provided in incorporation documents of a legal person.

6. Decision of a chairman of the sitting (meeting) of a legal person’s collegiate body on the results of voting shall be decisive except in the cases where the voting is held in writing or a commission for counting of votes is established. In such cases the decision of the commission shall be final. Where upon the announcement of the results of voting by the chairman of the sitting or the commission for counting of votes, doubts are expressed on the lawfulness of voting, repeated voting, upon the request by the majority of members of a collegiate body, must be done.

7. Laws and incorporation documents of a legal person may provide for a different procedure of voting.

8. Provisions of the given Article shall not be applied to the general meeting of shareholders.

Article 2.94. Verification of a Decision

Where, for purposes of validity of a resolution, approval of the body of other legal person may be requested, the said approval may be effected at a later date within a reasonable period of time.

CHAPTER VIII

TERMINATION AND RESTRUCTURING OF LEGAL PERSONS

Article 2.95. Termination of Legal Persons
1.

Legal persons shall be terminated by way of liquidation or reorganisation.

2.

Reorganisation shall be termination of a legal person without the liquidation procedure.

3.

A legal person shall be terminated as of the day of its removal from the Register of legal persons.

Article 2.96. Reorganisation of Legal Persons
1.

Resolution to reorganise a legal person shall be passed by members of a legal person or the court in cases provided by law.

2.

Resolution to reorganise, by way of merger, a legal person, which is joined by other legal person, may, too, be passed by the managing body of a legal person where the given circumstances emerge.

1)

Public announcement about the terms of reorganisation of legal persons laid down in paragraph 2 of Article 2.99 of the given Code shall be made no later than thirty days prior to the general meeting of members of a legal person, which is going to be merged.

2)

Every member of a legal person shall have the right to acquaint himself with the documents specified in paragraph 4 of the given Article.

3)

One or some members of a legal person with no less than 1/20 of votes at the general meeting of members of a legal person shall enjoy the right to request the convening of the general meeting of legal person’s members on the reorganisation, by way of merger, of a legal person.

3.

Resolution to reorganise a legal person shall be passed by the qualified majority vote. It shall be set in the incorporation documents and may be no less than 2/3 of the votes given by the persons present at the general meeting. Subject to paragraph 1 of Article 2.101 of the given Code, resolution to reorganise a legal person may be passed only upon the expiry of a thirty days period following the public announcement that terms for the reorganisation have been set. Terms of reorganisation shall have to be approved by a resolution to reorganise a legal person and documents of incorporation shall have to be altered or new documents shall have to be drawn up.

4.

Members of a legal person shall have the right to acquaint themselves with the terms of reorganisation, incorporation documents of legal persons who will continue the activities after the reorganisation or documents of newly incorporated legal persons or with their projects and reports drawn up by all managing bodies of legal persons participating in the reorganisation, assessments of experts as well as financial statement for the last three financial years. Where terms of the reorganisation were set six months following the end of the financial year of at least one legal person participating in the reorganisation, interim financial statement has to be issued in accordance with the same rules applied to the earlier financial statement and has to be presented to the members of a legal person. It shall be issued no earlier than three months prior to the setting of terms for the reorganisation. All members of a legal person shall have the right to receive copies of the said documents.

5.

Managing bodies of legal persons shall have to notify members of legal persons about all essential changes after terms of reorganisation have been set and prior to taking decision on the reorganisation and attach this written notification to documents specified in paragraph 4 of the given Article as well as inform, orally, about essential changes in the general meeting of members of legal persons.

Article 2.97. Modes of Reorganisation of Legal Persons
1.

Legal persons may be reorganised by way of merger and division.

2.

Joining and consolidation shall be the possible modes of merger of a legal person.

3.

Joining shall be merger of one or more legal persons to the other legal person, which become successors to all rights and obligations of the reorganised legal person.

4.

Consolidation is a merger of two or more legal persons into a new legal person, which becomes a successor to all rights and obligations of reorganised legal persons.

5.

Possible modes of splitting up of legal persons shall be division and parcelling out.

6.

Parcelling out shall be parcelling out of legal person’s rights and obligations to other functioning legal persons.

7.

Division shall be incorporation of two or more legal persons on the basis of the legal person under reorganisation, which become successors to certain parts of legal person’s rights and obligations.

8.

Where the resolution to liquidate a legal person was not passed by the general meeting of the members of a legal person or where at least one member of a legal person became a successor to a part of property of a legal person under liquidation it shall be prohibited to reorganise such legal person under liquidation.

9.

Specific character of reorganisation of individual legal persons may be prescribed by the laws, which regulate individual legal forms of legal persons.

Article 2.98. Reorganisation of Legal Persons of Different Legal Forms
1.

Only legal persons of the same legal form may participate in the reorganisation procedures with the exception of derogations provided by laws regulating individual legal forms of legal persons.

2.

Upon termination of a reorganised legal person whose members are liable for obligations of a legal person, members of the terminated and reorganised legal person shall, irrespective of the terms of reorganisation, accept subsidiary liability for the obligations of the dissolved legal person, which emerge prior to the legal person’s, who will continue activities of the dissolved legal person, becoming a successor to the rights and obligations of the terminated legal person. Where a member of a legal person fails to become a member of a legal person who, upon reorganisation, will continue the activities of the dissolved legal person throughout the reorganisation procedure as well as later, he shall not be exempted from the liability specified in the given paragraph.

Article 2.99. Terms of Reorganisation and Report on the Reorganisation
1.

Managing bodies of legal persons participating in the reorganisation shall have to prepare the terms of reorganisation which have to indicate:

1)

information, specified in Article 2.44. of the given Code, on all legal persons participating in the reorganisation;

2)

mode of reorganisation, terminated legal persons and legal persons continuing the activities after reorganisation;

3)

procedure for becoming a member of a legal person who continues activities after reorganisation, terms and time limit as well as payments to the members of a legal person;

4)

moment from which a legal person continuing the activities becomes a successor to rights and obligations of a terminated legal person;

5)

ancillary rights conferred to managing and other bodies of a legal person, employees of administration or experts specified in Article 2.100 if the given Code.

2.

Public announcement of the terms of reorganisation shall be made subject to the provisions of paragraph 1 of Article 2.101 of the given Code and filed with the Register of legal persons no later than on the first day of publication by applying the provisions of paragraph 3 of Article 2.66 of the given Code mutatis mutandis.

3.

Managing bodies of each legal person participating in the reorganisation shall have to draw up written reports, which have to indicate the goals of reorganisation, explain the terms of reorganisation, continuity of legal person’s activities, time limit for reorganisation and economic grounds.

4.

Paragraph 3 of the given Article shall be applied only in those cases where a joint-stock company, participating in the reorganisation, or other persons whose members have no less than 1/20 of all votes request it.

Article 2.100. Assessment of the Terms of Reorganisation
1.

Terms of the reorganisation of legal persons shall be assessed by independent experts who have the necessary qualifications, provided that this is set out in laws regulating activities of individual legal persons.

2.

Independent experts shall be designated by each legal person participating in the reorganisation. Where there is a wish to designate a single expert for all legal persons under reorganisation such designation must be approved by the registrar of legal persons

Article 2.101. Protection of the Rights of Creditors of the Legal Persons under Reorganisation
1.

Public announcement of the terms of reorganisation shall be made three times with at least three-month intervals between the announcements or public announcement shall be made once and all creditors of a legal person shall be given a written notice thereof. The notice shall indicate data specified in points 1, 2 and 4 of paragraph 1 of Article 2.99 of the given Code as well as information where and when documents listed in paragraph 4 of Article 2.96 are available.

2.

A creditor of a legal person under reorganisation shall enjoy the right to request termination of the contract or performance of obligations before the expiry of the time limit as well as redress of damages, where this has been provided in the contract, and where there are grounds to presume that the performance of obligations may become more difficult due to reorganisation and where, on creditor’s request, a legal person failed to extend an additional guarantee for the performance of obligations.

3.

Creditors of the person under reorganisation shall have the right to acquaint themselves with the documents specified in paragraph 4 of Article 2.96 of the given Code and receive their copies.

Article 2.102. Invalidity of Reorganisation
1.

Only the court may declare reorganisation invalid and only in cases where the following circumstances emerge:

1)

no public announcement of the respective documents of the reorganisation procedure has been made or they were not filed with the Register of legal persons;

2)

resolutions on the reorganisation passed by the body of members of a legal person or other managing body are declared invalid;

3)

not all requirements for reorganisation established by the imperative provisions of law have been fulfilled.

2.

Where the period following the termination of a legal person to its applying to the court exceeds six months reorganisation may not be declared invalid.

3.

Where applicable, the court must grant a reasonable time limit to correct mistakes which gave grounds for declaring reorganisation invalid.

4.

Judgement of the court to declare reorganisation of a legal person invalid shall not invalidate the activities of a legal person after reorganisation or of a newly incorporated legal person prior to the alteration of respective data in the Register of legal persons. All legal persons who participated in the reorganisation shall accept solidary liability for obligations arising from such contracts of legal persons.

Article 2.103. Simplified Reorganisation of Legal Persons

Where a legal person under reorganisation is joined to a legal person which is the only member of the legal person under reorganisation or where public legal persons participate in the reorganisation, paragraph 3 of Article 2.99 and Article 2.100 of the given Code shall not be applied.

Article 2.104. Restructuring of Legal Persons
1.

Restructuring shall be an alteration of the juridical form of a legal person whereby a legal person of a new juridical form becomes the successor to all rights and liabilities duties of the restructured legal person.

2.

Where a legal person, members of which are liable for obligations of a legal person, is restructured, members of a restructured legal person, irrespective of a new legal form of a legal person, shall accept subsidiary liability, for three years, for the obligations of the restructured legal person which emerge prior to the registration of a legal person of a new legal form with the Register of legal persons. Where a member of a restructured legal person fails to become a member of a legal person of as new juridical legal form he will not be exempted liability specified in the given paragraph either during restructuring or later.

3.

Public legal person, except public and municipality enterprises, may not be restructured into a private legal person.

4.

Restructuring of legal persons shall be applied, mutatis mutandis, provisions of paragraph 2 of Article 2.101, Article 2.102, paragraph 1 of Article 2.107 and paragraphs 1 and 2 of Article 2.112.

5.

Laws regulating individual legal forms of legal persons may establish a specific mode for the restructuring of legal persons.

Article 2.105. Mandatory Restructuring of Legal Persons
1.

Laws may provide for circumstances under which a legal person must alter its legal form.

2.

Where within the time limit established by the law, which may not be shorter than nine months, members of a legal person fail to pass a resolution on the alteration of legal person’s legal form, it shall be considered that the legal form of a legal person has been altered and the legal person acts according to the documents of incorporation inasmuch as they do not infringe laws regulating activities of legal persons having the legal form into which the said legal person had to be altered.

3.

Where a legal person passes a resolution to liquidate a legal person within the time limit for the restructuring established by the law, paragraph 2 of the given Article shall not be applied.

Article 2.106. Grounds for Liquidation of a Legal Person

Grounds for the liquidation of a legal person may only be the following:

1)

resolution of members of a legal person to terminate the activities of a legal person has been passed;

2)

the court or the creditor’s meeting has passed a decision to liquidate a bankrupt legal person;

3)

the court has passed a judgement to liquidate a legal person subject to the provisions of Article 2.131 of the given Code;

4)

the court has passed a ruling to liquidate a legal person in cases prescribed by Article 2.70 of the given Code;

5)

the term of the legal person has expired;

6)

the number of members of a legal person has decreased more than the permitted the minimum prescribed by law where member of a legal person fails to pass a decision within six months following the decrease, to reorganise or restructure a legal person;

7)

incorporation of a legal person has been declared invalid subject to the provisions of Article 2.114 of the given Code.

Article 2.107. Resolution of Members of a Legal Person on Liquidation
1)

Resolution to liquidate a legal person shall be passed by a qualified majority vote of members of a legal person. It shall be established in incorporation documents of a legal person and it may not be lower than 2/3 of all votes of the participants of the general meeting.

2)

Resolution to liquidate a legal person may not be reversed where at least one member of a legal person received part of the property of a legal person under liquidation.

Article 2.108. Appointment of a Liquidator
1)

After the resolution to liquidate a legal person has been passed, members of legal persons, general meeting of creditors, registrar of legal persons or the court must appoint a liquidator.

2)

Incorporation documents of a legal person or laws may provide for different rules for the appointment of a liquidator or establish a concrete liquidator. These rules shall not be binding on the court, general meeting of creditors or the registrar of legal persons.

3)

A liquidator shall be a person having the necessary qualifications. Some liquidators may be appointed. Where some liquidators are appointed liquidation commission shall be formed and one of the liquidators shall be appointed a chairman of the liquidation commission.

4)

Where the grounds for liquidation are points 5 and 6 of Article 2.106 of the given Code and where a member of a legal person fails to appoint a liquidator, managing bodies of a legal person or members of a legal person with no less than 1/20 of all votes and registrar of legal persons shall have to apply to court requesting the appointment of a liquidator.

5)

Where the grounds for liquidation are points 3 or 7 of Article 2.106 of the given Code, institution authorised by the Government shall discharge the duties of a liquidator before a liquidator has been appointed by a member of a legal person.. This institution, on the approval of the court, shall have the right to assign other person to discharge the duties of a liquidator.

Article 2.109. Revocation of a Liquidator of a Legal Person
1)

Liquidator of a legal person may be revoked by a simple majority of vote of legal person’s members present at the meeting.

2)

Members of a legal person with no less than 1/10 of all votes, a creditor with no less than fifty thousand Litas right of requisition or no less than 1/5 of the legal person’s employees shall have the right to apply to court to change the liquidator where he fails to act in a proper manner, is dishonest in effecting settlements with creditors and members of a legal person, is dishonest in discharging other duties or infringes the rights of legal person’s members, creditors or legal person’s employees.

Article 2.110. Authority of a Liquidator
1)

Managing bodies of a legal person shall be divested of their authority and the authority of legal person’s members shall be delegated to a liquidator as of the day of his appointment while in cases specified in paragraph 5 of Article 2.108 of the given Code – as of the moment when the resolution on the liquidation of a legal person enters into force.

2)

A liquidator shall enjoy the rights of a legal person’s managing body and provisions of Chapter VII of the given book shall be applied to him mutatis mutandis.

Article 2.111. Contracts of a Legal Person in Liquidation

Legal person in liquidation may conclude only such contracts, which are related to the termination of legal person’s activities as well as those contracts, which are provided for in the liquidation resolution.

Article 2.112. Notification about Liquidation
1)

The person, which passed a resolution to liquidate a legal person in accordance with the procedure established in the incorporation documents of legal persons, shall make a public announcement thereof three times with at least 3-month interval between the announcements or make a public announcement once and shall give all creditors written notices thereof. The notices shall include all data listed in paragraph 1 of Article 2.44 of the given Code.

2)

Register of legal persons shall, too, be notified about the liquidation no later than on the first day of the public announcement thereof in accordance with the procedure established in paragraph 3 of Article 2.66 of the given Code.

3)

A different procedure for the notification about the liquidation may be established by the given Code or other laws of the Republic of Lithuania.

Article 2.113. Sequence of and Procedure for the Satisfaction of Claims of a Legal Person’s Creditors
1.

In the event of legal person’s liquidation the following sequence of and procedure for the satisfaction of creditors’ claims shall be established:

1)

priority in satisfying creditors’ claims shall be given to claims secured by the mortgage of property of a legal person in liquidation - from the value of the mortgaged property;

2)

first in sequence for the satisfaction of claims shall be employees’ claims connected with labour relations; claims of compensation for maiming or other physical injuries, occupational disease or deprivation of life resulting from an accident in the place of work as well as claims of natural persons to settle accounts for agricultural produce supplied for processing.

3)

second in sequence for the satisfaction of claims shall be the claims related to taxes and other payments to the budget as well as compulsory state social insurance and health insurance contributions and foreign loans granted the State guarantee;

4)

third in sequence for the satisfaction of claims shall be all other claims of creditors.

2.

The claims of creditors of each successive sequence shall be fulfilled upon fully satisfying the claims of creditors of the preceding sequence. If assets are insufficient to fulfil all the claims of one sequence in full, said claims shall be satisfied in proportion to the amount of claims due to each creditor.

Article 2.114. Unlawful Incorporation of a Legal Person
1.

Unlawful incorporation of a legal person may be recognised only by the court and only in cases where:

1)

all incorporators were incapable or the provision establishing the minimum number of incorporators has been violated;

2)

documents of incorporation prescribed by law have not been drawn up or mandatory provisions of the regulations for the incorporation of a legal person have been violated;

3)

true goals of legal person’s incorporation were unlawful or contradict public order;

4)

minimum authorised capital has not been formed in accordance with the procedure established by law and within the established time limit;

5)

incorporation documents of a legal person fail to indicate its business name, goals, amounts of authorised capital and personal contributions of the members of a legal person where such requirements are laid down in the mandatory provisions of the laws regulating individual juridical forms of legal persons.

2.

Where the court passes a judgement that the incorporation of a legal person was unlawful the said legal person must be liquidated in accordance with the procedure established by law.

3.

Where applicable, the court must grant a reasonable period of time to correct mistakes due to which the incorporation of a legal person was recognised to be unlawful.

4.

Passing a judgement that a legal person has been incorporated unlawfully the court shall have to take into consideration the interests of employees and members of a legal person who participated in the incorporation of a legal person.

5.

The claim for the recognition of unlawful incorporation of a legal person may be filed by a member or managing bodies of a legal person as well as by a public prosecutor to protect public interests.

CHAPTER IX

FORCED SALE OF SHARES (INTEREST, CONTRIBUTIONS)

Article 2.115. Content of Forced Sale of Shares (Interest, Contributions)
1.

Members of a legal person listed in Article 2.116 of the given Code shall have the right to file an application to the court with the request that shares (interest, contributions) of a legal person which are in possession of a legal person’s member whose actions contradict the goals of legal person’s activities and where there are no grounds to expect any changes in the said actions, be sold to the applying member of a legal person.

2.

The claim for the forced sale of shares (interest, contributions) shall be filed with the district court according to the location of the registered office of a legal person. The court must inform the legal person, whose shares (interest, contributions) have to be sold in the forced manner, about the claim and the decisions.

3.

Participation of a lawyer in the process of litigation of the parties to the given cases shall be compulsory.

4.

Member of a legal person who has filed a claim for forced sale must apply to other members of a legal person to become co-claimants.

Article 2.116. Persons Entitled to File an Application for Forced Sale of Shares (Interest, Contributions).
1.

The following members of a private legal person shall have the right to file an application for forced sale of shares (interest, contributions):

1)

one or some shareholders of a private company whose face value of shares accounts for no less than 1/3 of the authorised capital;

2)

one or some members of a partnership whose interest accounts for no less than 1/3 of all interest of jointly owned assets;

3)

one or some members of an agricultural partnership or co-operative society whose contribution accounts for no less than 1/3 of all contributions.

2.

A member of a legal person shall have no right to file an application for the forced sale of shares (interest, contributions) under the circumstances laid down in Article 2.115 if incorporation documents of a legal person or contracts concluded by its members provide for different rules of forced sale of shares (interest, contributions) and the said rules may be applied.

3.

Member of a legal person shall have no right to file an application for forced sale of shares (interest, contributions) if he is controlled by a legal person the shares whereof (interest, contributions) have to be sold in a forced manner.

4.

Member of a legal person shall have no right to file an application for forced sale of shares (interest, contributions) if he himself is the legal person the shares whereof (interest, contributions) have to be sold in a forced manner

Article 2.117. Restrictions on the Transfer of Title to Shares (Interest, Contributions)
1.

A defendant shall have no right, without claimant’s consent, to sell or otherwise transfer the title to shares (interest, contributions), to mortgage them or otherwise encumber the rights to them as well as transfer or otherwise encumber the rights granted by the shares (interest, contributions) as of the day on which the court judgement becomes res judicata, except as otherwise decided by the court. The court shall enjoy the right to authorise the acts specified in the given paragraph if a defendant fails to give his consent thereof.

2.

A defendant shall have no right to sell, except according to the provisions of the given section, or otherwise transfer the title to shares (interest, contributions), to mortgage them or otherwise encumber the rights to them, as well as transfer or otherwise encumber the rights granted by the shares (interest, contributions) as of the day on which the court judgement becomes res judicata, except as otherwise decided by the court.

3.

The court may, upon plaintiff’s request, prohibit a defendant to exercise his right to vote without the consent of the court or a plaintiff.

4.

Prohibitions established in paragraphs 1 and 3 of the given Article shall be valid irrespective of the appeal against the court judgement.

Article 2.118. Appointment of Experts
1.

Upon satisfaction of a claim the court shall have to appoint experts to set the price of shares (interest, contributions).

2.

Experts shall start their activities only after the court judgement becomes res judicata . Experts shall have to present a written report on the price of shares (interest, contributions) to the court and the parties to the case.

3.

Articles 2.127 – 2.130 of the given Code shall be applied mutatis mutandis.

Article 2.119. Setting of a Price
1.

After the experts’ report on the price of shares (interest, contributions) has been submitted, the court shall have to pass a judgement on the setting of a price and establish the person who will have to reimburse experts’ work and other expenses borne. The court may decide that a legal person shall have to reimburse the given expenses.

2.

A separate appeal against the court judgement whereby a price is set may be lodged.

Article 2.120. Procedure for Forced Sale
1.

After the court judgement on setting a price has become res judicata the defendant shall have, in two weeks time, to transfer title to his shares (interest, contributions) to the plaintiff and the plaintiff shall have the right to accept the shares (interest, contributions) and pay the established price. The price shall have to be paid upon the transfer of title to the shares to the plaintiff. Transfer shall take place in the registered office of a legal person whose shares (interest, contributions) are sold or in some other place agreed upon by the plaintiff and the defendant.

2.

Where a defendant fails to discharge his duty to transfer the title to his shares (interest, contributions), a legal person shall have to transfer the title to the shares (interest, contributions) in the defendant’s name and issue documents confirming the owner’s rights to the shares (interest, contributions) sold in the forced manner and declare respective defendant’s documents invalid as well as make a public announcement thereof in the source prescribed by the legal acts. Upon the receipt of documents confirming the title to the shares (interest, contributions), the plaintiff shall pay the price into the deposit account of a notary, bank or other credit institution.

3.

In the event that there are some plaintiffs, shares (interest, contributions) sold in forced manner shall be allotted as proportionally as possible to the legal person’s shares (interest, contributions) held by the plaintiffs.

Article 2.121. The Procedure for Forced Selling of Shares in the Presence of a Prior Right
1.

Where other members or persons of a legal person have a prior right to acquire the shares (interest, contributions) sold in forced manner, a legal person, upon the receipt of a res judicata court order on the setting of a price, must make a proposal to the said persons to purchase shares (interest, contributions) for the price fixed by the court. After the court judgement on the forced sale of shares (interest, contributions) has become res judicata , the defendant shall have to notify a legal person about the persons who enjoy the prior right to acquire shares (interest, contributions) sold in forced manner in accordance with the contracts concluded by the plaintiff.

2.

Upon the receipt of legal person’s proposal to exercise the prior right, the persons shall have, within thirty days, in writing, to accept or reject the proposal. Where a person fails to reply to the said proposal, the proposal shall be deemed unaccepted.

3.

Upon the expiry of a thirty-day time limit, a legal person shall have to notify the plaintiff and the defendant of how many shares (interest, contributions) have been accepted. Upon the receipt of the said notification, the defendant shall have to transfer title to the shares to persons specified in the notification and the remainder of them, in accordance with the provisions of Article 2.120 of the given Code, to the plaintiff. Shareholders who purchase shares (interest, contributions) shall have to make payments for them in accordance with the provisions of Article 2.120 of the given Code. Where the persons enjoying the prior right fail to make timely payments for shares (interest, contributions), shares (interest, contributions) shall be transferred to the plaintiff.

Article 2.122. Transfer of the Right to Vote
1.

Persons listed in Article 2.116 of the given Code shall enjoy the right to apply to the court with a request to reinstate the owner of shares (interest, contributions) in his right to vote in cases where the right to vote has been assigned to other person whose actions contradict the goals of a legal person and there no grounds to expect positive changes in the future.

2.

The owner of shares (interest, contributions) shall be granted the right to vote as of the day on which the court judgement has become res judicata.

3.

In this case paragraphs 2 and 3 of Article 2.115, Article 2.116, paragraph 3 of Article 2.117 of the given Code shall be applied mutatis mutandis.

Article 2.123. Forced Sale of Shares (Interest, Contributions) Due to the Failure to xercise the Rights Properly
1.

Where members of a legal person listed in Article 2.116 fail to exercise their rights of members of a legal person properly due to the actions of the other member of a legal person and where there no grounds to expect any positive changes in the future, the said members may file an action to the court requesting the member of a legal person, whose actions obstruct proper exercise of their rights, to purchase their shares (interest, contributions). In this case paragraphs 2 and 3 of Article 2.115 and Articles 2.116 – 2.121 of the given Code shall be applied mutatis mutandis.

2.

Member of a legal person who is requested to purchase plaintiff’s shares (interest, contributions) must apply to other members of a legal person with the proposal to become co-defendants.

CHAPTER X

INVESTIGATION OF LEGAL PERSON’S ACTIVITIES

Article 2.124. Content of the Investigation of Legal Person’s Activities

Persons listed in Article 2.125 of the given Code shall enjoy the right to request the court to appoint experts who have to investigate whether a legal person or legal person’s managing bodies or their members acted in a proper way, and in the event that improper actions are established to apply measures specified in Article 2.131 of the given Code.

Article 2.125. Persons Enjoying the Right to Apply for Investigation of the Activities
1.

The following persons shall enjoy the right to apply for investigation of the activities:

1)

one or some shareholders who hold or manage shares the par value of which accounts for no less than 1/10 of the authorised capital;

2)

one or some members of an economic partnership whose interest accounts for no less than 1/10 of all interest;

3)

one or some members of a farming partnership or a co-operative society (co-operative) whose contributions account for no less than 1/10 of all contributions;

4)

members of a legal person who have no less than 1/5 of all votes, with the exception of legal persons’ members listed in Articles 2.35 and 2.37 and in points 1,2 and 3 of the given paragraph, who have no less than 1/5 of all votes;

5)

persons as well as members of a legal person who, according to incorporation documents or contracts concluded with legal persons, have been granted said right.

2.

The public prosecutor shall also have the right to apply for the investigation of legal person’s activities in an attempt to safeguard public interests including the cases where the activities of a legal person, its managing bodies or its members are at variance with the public interests.

Article 2.126. Filing of an Application
1.

An application for the investigation of activities shall be filed with the district court according to the location of the legal person’s registered office.

2.

An application may be filed only after a plaintiff has applied to a legal person (legal person’s managing body or its member) with the request to terminate inappropriate activities and has granted a reasonable time limit to adjust the situation. A request, which either fails to specify inappropriate activities or bad faith in discharging the duties or give reasons why the activities are considered to be inappropriate, shall not be deemed to be an application.

3.

Participation of a lawyer shall be obligatory in drawing up an application for the investigation of activities. Where a public prosecutor, acting in the public interest, files an application, provisions of the given paragraph shall not be applied.

4.

Upon the receipt of an application and listening to the reasoning of the parties the court shall pass a judgement on the investigation of legal person’s activities if there are grounds to presume the feasibility of circumstances specified in Article 2. 124, paragraphs 2 and 3 of Article 2.125, or shall reject the application.

Article 2.127. Appointment of Experts
1.

The court may appoint as experts any independent persons, who have the necessary qualifications to investigate legal person’s activities and make a report, in writing, on inappropriate activities, as well as draw up guidelines for the application of measures specified in Article 2.131 of the given Code.

2.

Prior to the appointment of experts the court must make a proposal to the parties to reach a consensus on the appointment of specific experts. Where a consensus has been reached, the court shall appoint jointly chosen experts if they meet the requirements set in paragraph 1 of the given Article. Where a consensus on the appointment of experts has not been reached, the court shall appoint experts, at its discretion, from the list, compiled by the parties, of proposed experts. Each party must compile a list of no less than ten experts and shall enjoy the right to delete, for any reasons, five experts from the list of the other party, as well as to give an opinion on the remaining five experts regarding their compliance with the requirements set in paragraph 1 of the given Article.

3.

The number of experts shall be established by the court with due regard to the scope of investigation of legal person’s activities.

Article 2.128. Rights of Experts
1.

Experts shall have the right to examine legal person’s documents and interrogate members of a legal person, members and employees of managing bodies as well as persons who were legal person’s members, members of managing bodies or employees in the period under investigation.

2.

On experts’ instruction a legal person shall have to grant a possibility to examine legal person’s property. The judge may, without prior notification to the parties, pass a judgement, which shall grant the right to the experts to take the actions laid down in paragraph 1 of the given Article with respect to other legal persons as well as receive documents and information from respective public institutions.

3.

Where experts are prevented from exercise of their rights the court may give instructions to the police to facilitate the experts’ activities.

Article 2.129. Payment for Experts’ Work
1.

The experts, who were appointed by the court, must notify the court about the terms as well as the amount of payment for their services and reimbursement of expenses incurred on them. In the event that the court approves the terms as well as the amount of payment and reimbursement of expenses incurred, it shall fix the sum, which may not be less than seventy per cent of the amount indicated by the experts, without prior notification to the parties. The plaintiff must pay the said sum into the separate account of the court.

2.

Where the plaintiff fails to pay the sum indicated by the court into the separate account of the court, the court shall not proceed with the application. In such cases other parties to the case shall have the right to the reimbursement of court expenses incurred on them.

3.

In the event that the court fails to approve the terms of payment and reimbursement of expenses proposed by experts it shall appoint new experts after listening to the opinions of the parties.

Article 2.130. Experts’ Reports and Dissemination of Guidelines
1.

Upon the receipt of experts’ report and guidelines the court must notify the parties and their representatives thereof and send the copies of experts’ report and guidelines to each party and their representatives as well as convene a court sitting to discuss the said report and the guidelines.

2.

Experts’ report and the guidelines must be sent to respective public institutions, which exercise the supervision, prescribed by the law, of legal person’s activities.

3.

Persons, who were not specified in the given Article, may examine the experts’ report and guidelines only after permission of the court has been granted.

Article 2.131. Measures Applied by the Court
1.

In the event that the experts’ report points out that legal person’s (legal person’s managing bodies or their members) activities are inappropriate and the court approves the said conclusion, the court may, upon receipt of opinions of the parties and public institutions mentioned in Article 2.130 of the given Code, apply one of the following measures:

1)

revoke the decisions taken by the legal person’s managing bodies;

2)

suspend temporarily the powers of the members of legal person’s managing bodies or exclude a person from legal person’s managing body;

3)

appoint provisional members of legal person’s managing bodies;

4)

authorise non-implementation of certain provisions of incorporation documents;

5)

to oblige making of amendments to certain provisions of incorporation documents;

6)

to transfer the legal person’s right to vote to other person;

7)

to oblige a legal person to take or not to take certain actions;

8)

to liquidate a legal person and appoint a liquidator.

2.

Upon the appointment of a member of managing body the court may fix his salary.

3.

A decision to liquidate a legal person may not be taken where such decision would contravene the interests of other legal person’s members or employees or public interest. A decision to revoke decisions of legal person’s managing bodies may not be taken where the period of limitation of actions prescribed by the given Code or other laws has expired.

4.

The court shall have to notify, without delay, the Register of legal persons about the judgement and its becoming res judicata.

PART III

AGENCY

CHAPTER XI

GENERAL PROVISIONS

Article 2.132. Conclusion of Contracts by Agents
1.

Persons shall enjoy the right to conclude contracts through agents with the exception of those contracts which, due to their character, may be concluded only personally as well as other contracts prescribed by the law.

2.

Agency shall be possible on the basis of contract, law statute, court judgement or an administrative act.

3.

Legally capable natural persons as well as legal persons shall act as agents.

4.

Persons who act in their own name although in the interest of other person shall not be deemed to be agents (sales intermediaries, etc.).

Article 2.133. Legal Effects of a Contract Concluded by an Agent
1.

the event that a contract was concluded without due authorisation, a person who has concluded the contract shall be liable for his contractual obligations to the other party to the contract, except in cases, where the said party to the contract was aware or had to be aware of the fact that the latter was not entitled to conclude the contract.

2.

A contract concluded by one person (agent) in other person’s (principal’s) name by disclosing thereby the fact of agency and without exceeding the rights conferred, shall assign, alter and destruct directly the civil rights and obligations of a principal.

3.

Rights of an agent may also arise from the circumstances under which an agent acts (salesperson in retail trade, cashier, etc.). In the event that behaviour of a person gives reasonable grounds for the third persons to think that he has appointed the other person to be his agent , contracts concluded by the said person in principal’s name shall be binding for the principal.

4.

In the event that concluding a contract an agent fails to inform that he acts in principal’s name and in his interests, the principal shall acquire the rights and assume the duties arising from the contract only where the other party to the contract was in a position to understand from the circumstances of conclusion thereof that the said contract was concluded with an agent, or where the identity of the person with whom the contract was concluded was of no importance to the said party.

5.

Where the validity of a contract concluded by an agent is questioned due to a mistake, deceit, duress or threat, the existence or non-existence of the said circumstances shall be established with due regard to agent’s will.

6.

Where a contract has been concluded as per principal’s instructions the principal may not question its validity by stating that concluding the contract the agent ignored certain circumstances if the principal was aware of the said circumstances or ignored them due to his carelessness.

7.

Where a contract has been concluded by a person, who has not been authorised to do so, the principal must bear the consequences thereof only when the principal approves the said contract. The other party to the contract may, in this case, request to approve or not to approve the contract within its established time limit, which may not be shorter than fourteen days. Where no reply has been received within the established time limit the contract shall be deemed not approved. The approval of a contract shall have a retroactive effect, i.e. it shall be deemed valid as of the day of its conclusion.

8.

The other party to the contract, which concluded a contract with a person, who was not authorised to do so, may terminate the contract prior to the approval of the contract by the principal, except in cases, where at the moment of its conclusion the said party was aware or had to be aware of the fact that it has concluded a contract with a person who has not been granted the requisite authority.

9.

In Where an agent acted in excess of his powers but in the manner which gave to a third person serious grounds to think that he was concluding a contract with a duly authorised agent, the contract shall be obligatory to the principal, except in cases where the other party to the contract was aware or had to be aware that an agent was exceeding his powers.

Article 2.134. Restriction Imposed on Agent’s Rights to Conclude a Contract
1.

An agent may not conclude contracts in principal’s name either with himself or with a person, whom he represents at the given time, as well as his spouse, parents, children or other close relatives. Such contracts, upon principal’s request, may be deemed null and void.

2.

Restrictions laid down in paragraph 1 of the given Article shall not be imposed in the cases where other laws provide otherwise and where an agent acts as a statutory agent .

3.

An agent may not conclude a contract which a principal himself is not authorised to conclude.

Article 2.135. Conflict of Interests
1.

Where, in violation of the rights conferred, an agent enters into a contract, which contravenes the interests of a principal, such contract, upon principal’s request, may be deemed void in the cases where a third person was aware or had to be aware of the conflict of interests.

2.

A person may not act as an agent of both parties to the contract. This provision, however, shall not be applied in the cases where contractual obligations are performed as well as in the cases where both parties to the contract express their will explicitly that the agent has to act in the interests of both parties.

Article 2.136. Legal Effects of a Contract Concluded in Other Person’s Name Without Express Authorisation or in Excess of Authority
1.

A contract, which was concluded by a person in other person’s name without express authorisation or in excess of his authority, shall impose, alter and revoke obligations and rights of a principal only in the cases where, at a later date, the principal approves all the contract or that part of it, which is in excess of his authority (paragraph 6 of Article 2.133 of the given Code).

2.

Principal’s approval of a contract at a later date shall make the contract valid as of the date of its conclusion.

3.

Upon conclusion of a contract, which is not approved by the principal , under circumstances laid down in paragraph 1 of the given Article, an agent shall have to redress the damage incurred on a third person in the cases where the said third person was not aware and was under no obligation to be aware of the said circumstances.

Article 2.137. Power of Attorney
1.

Power of attorney shall be a written document granted by a person (principal) to other person (authorised agent) to represent a principal in establishing and maintaining relations with the third persons.

2.

An authorised agent whose rights in the power of attorney are not clearly defined shall enjoy the right to perform only those actions, which are necessary for the protection of principal’s property and property interests as well as supervision of principal’s property.

Article 2.138. Verification of the Power of Attorney by a Notary
1.

The following powers of attorney must be verified by a notary:

1)

power of attorney to conclude contracts whereby a notarial form is obligatory;

2)

power of attorney to perform, in natural person’s name, the actions related to legal persons, with the exception of the cases where the authorisation of a different form is permitted;

3)

power of attorney to administer, use or dispose of his immovable property granted by a natural person.

2.

Powers of attorney verified by a notary shall be equalled to:

1)

powers of attorney of servicemen verified by the commanders (heads)of military units, formations, military institutions and military schools;

2)

powers of attorney of people in imprisonment institutions verified by the heads of imprisonment institutions;

3)

powers of attorney of long voyage seamen on the ships, navigating under the colours of Lithuania, verified by the captains of the said ships.

Article 2.1381. Register of Powers of Attorney Verified by a Notary

1. Powers of attorney verified by a notary and powers of attorney equalled to those equalled by a notary, as specified in paragraph 2 of Article 2.138 of this Code must be entered in a public Register of Powers of Attorney Verified by a Notary. Data for the Register of Powers of Attorney Verified by a Notary shall be submitted by notaries who have verified the powers of attorney, consular officers of the Republic of Lithuania and the persons referred to in paragraph 2 of Article 2.138 of this Code.

2. When recording powers of attorney verified by a notary as well as powers of attorney equalled to those verified by a notary, as specified in paragraph 2 of Article 2.138 of this Code, the Register of Powers of Attorney Verified by a Notary shall be supplied with the data about a person who has granted power of attorney, an agent, a person who has verified power of attorney, the dates of verification and expiry of the term of power of attorney, the content of power of attorney as well as other data specified by the regulations of the Register of Powers of Attorney Verified by a Notary.

3 The leading Register management body shall be the Ministry of Justice of the Republic of Lithuania; the Register management body shall be the Central Mortgage Office.

4. The data of the Register of Powers of Attorney Verified by a Notary shall be managed in accordance with the procedure laid down by the regulations of the Register of Powers of Attorney Verified by a Notary.

Article 2.139. Simplified Verification of Power of Attorney

Power of Attorney, which is granted by a natural person to receive mail (specifically – posted money and parcels) as well as to receive salaries and other payments related to labour relations, pensions, benefits, stipends, may be verified by an organisation, in which a natural person works or studies, chairman of a partnership of multi-storey dwelling houses, in which a person resides, or a captain of a long voyage sea-fearing ship.

Article 2.140. Power of Attorney Granted by a Legal Person
1)

Power of attorney granted by a legal person shall be signed and, in the event that the legal person must have a stamp, be stamped by the head thereof.

2)

Additional requirements for a power of attorney granted by a legal person may be prescribed by the law.

3)

Provisions of Articles 2.176-2.185 of the given Code shall be applied to the power of attorney granted by profit-seeking (commercial) legal persons.

Article 2.141. Rights and Obligations of a Legal Person Vested with the Power of Attorney

A legal person may be vested with the power of attorney to conclude only such contracts the right of conclusion whereof has been provided in his incorporation documents.

Article 2.142. Term of the Power of Attorney
1)

The term of the power of attorney may be fixed or open-ended. Where the term of the power of attorney fails to be indicated, the power of attorney shall be valid for one year as of the day on which it was granted..

2)

The power of attorney, verified by a notary, to perform certain actions abroad, which fails to specify its term, shall be valid until the person who granted the power of attorney revokes it.

3)

Power of attorney, which fails to indicate the date when it was granted, shall be deemed invalid.

Article 2.143. The Right to Request Power of Attorney and its Copy
1)

The third person who concludes a contract with a principal shall have the right to request an agent to produce his power of attorney and its copy.

Article 2.144. Obligation to Return the Power of Attorney

Upon the expiry of the term of the power of attorney or revocation thereof prior to the expiry of the term, an agent shall have to return the power of attorney to a principal or successors to his rights.

Article 2.145. Re-authorisation
1.

An authorised agent shall have to perform the acts, which he has been authorised to perform. He may re-authorise the other person to perform the said acts only in the cases where such right has been conferred upon him by the authority he was vested with or where under certain circumstances he is forced to do so to protect the principal’s interests. A re-authorised person shall enjoy the same rights and assume the same obligations as an agent in respect of a principal and the third persons.

2.

The form of power of attorney, which is given by re-authorisation shall have to conform to the form of the power of attorney, which has been granted.

3.

The term of power of attorney granted by re-authorisation may not exceed the term of power of attorney, which formed the basis for granting it.

4.

A person, who delegates his authority to the other person, shall have to notify a principal thereof and supply the necessary data about the person who was delegated the authority. Where the authorised agent fails to discharge the given obligation he shall be liable for the actions of the person, to whom he delegated his authority, as for his own actions. Where an authorised agent has been appointed as per principal’s instructions, an agent shall not be liable for the authorised agent’s actions, except in the cases where the agent was aware of the fact that the person who was appointed as authorised agent was dishonest and unreliable but failed to notify the principal thereof.

Article 2.146. The Right to Revoke Power of Attorney and Re-authorisation and the Right to Waive Them
1.

A principle shall enjoy the right to divest, at any time, of the power of attorney whereas an authorised agent – to waive it. Both a principal and an authorised agent may, at any time, revoke re-authorisation. The person who has been vested with the power of attorney by way of re-authorisation may, in his turn, waive it.

2.

Laws or an agreement of the parties may provide for the cases whereby an irrevocable power of attorney may be granted.

Article 2.147. Expiry of the Power of Attorney
1.

Power of attorney expires:

1)

upon the expiry of the term of power of attorney;

2)

upon the divestment of power of attorney by a principal;

3)

upon the waiver of power of attorney by an authorised agent;

4)

upon termination of a legal person, which was vested with power of attorney

5)

upon termination of a legal person which was vested with power of attorney or where the said person was instituted a bankruptcy;

6)

upon the death, recognition of legal incapacity, partial capacity or absence of a natural person who vested with power of attorney;

7)

upon the death, recognition of legal incapacity, partial capacity or absence of a natural person who was vested with the power of attorney.

2.

The data about the expiry of the term of power of attorney must be submitted to the body managing the Register of Powers of Attorney Verified by a Notary.

3.

Upon the expiry of power of attorney, power of re-authorisation, too, shall be terminated.

4.

Expiry of representation may not be used against third persons acting in good faith, except in cases where the said persons were aware or had to be aware of the expiry of representation but were not aware of it due to their negligence.

Article 2.148. Obligation of an Authorised Agent to Notify About the Expiry of the Power of Attorney
1.

A principle shall have to notify an authorised agent and the third persons known to the principle and for the establishment and maintenance of relations with whom the power of attorney has been granted, about the divestment of power of attorney, laid down in point 2 of paragraph 1 of Article 2.147. Where the power of attorney expires on the basis of provisions laid down in points 4 and 6 of paragraph 1 of Article 2.147 of the given Code, successors to the rights of the authorised agent shall have the same obligations.

2.

Rights and obligations of an authorised agent and successors to his rights, arising as a result of the authorised agent’s actions prior to the date on which the said agent learned or had to learn about the expiry of the power of attorney, shall be valid for the third persons. In the event that the third person was aware or had to be aware of the expiry of the power of attorney, the given provision shall not be applied.

3.

Upon the expiry of the power of attorney an authorised person and successors to his rights shall have to return the power of attorney to the principal or successors to his rights.

Article 2.149. Subsidiary Application of Provisions Regulating Agency

Provisions, which regulate agency, shall, too, be applied in the cases where a person whose business was managed by the other person without due authority approves the actions of the said person at a later date.

Article 2.150. Obligation of an Agent to Report

An Agent must present a report to a principal about his activities and give an account of everything he received in his mission to the principal.

Article 2.151. Obligation of a Principal to Refund the Expenses and Offer Remuneration
1.

A principal shall have to refund all agent’s expenses related to his mission except as otherwise provided by the law or the contract.

2.

A principal shall have to offer remuneration to the agent with the exception of the cases where the law or the contract provide for a free of charge representation.

CHAPTER XII

COMMERCIAL AGENCY

SECTION ONE

COMMERCIAL AGENT

Article 2.152. Concept of a Commercial Agent
1.

A commercial agent shall be an independent person whose basic business activity is to continually act for payment as intermediary for a principal in conclusion of contracts or conclusion of contracts in the principal’s name and at the principal’s expense. Bodies of a legal person and persons possessing the rights and duties of a body of the legal person, as well as partners acting in compliance with the contract on joint activities (partnership) shall not be regarded as commercial agents.

2.

A principal and an agent may, in a mutual contract, establish such competition restricting conditions, which are not prohibited by the provisions of the law on competition.

3.

The contract may provide for an exemption, which grants a commercial agent an exclusive right to conclude contracts in principal’s name on a certain territory or with a certain group of consumers where such exemption fails to violate the provisions of paragraph 2 of the given Article.

Article 2.153. Prerequisites for the Activities of a Commercial Agent

Prior to commencing his activities a commercial agent shall have to insure his civil liability against possible damage which, as a result of his activities, may be incurred on the principal or the third persons.

Article 2.154. Establishment of Commercial Agent’s Rights and Obligations
1.

Commercial agent’s rights and obligations may be established in writing or orally.

2.

Upon a commercial agent’s or a principal’s request their contract must be concluded in writing. Waiver of the right to conclude the contract in writing shall be null and void.

3.

Only upon conclusion of a contract in writing shall the following conditions be valid and shall establish:

1)

restrictions on the civil liability of an agent or a principal or a complete exemption from civil liability ;

2)

prohibition of competition after the contract has been terminated;

3)

conditions for the termination of a contract;

4)

exclusive rights of a commercial agent;

5)

ratio of the commercial agent’s right to remuneration to the performance of a contract.

Article 2.155. Term of Validity of a Contract
1.

A contract between a commercial agent and a principal may be for a fixed period or for an indefinite period.

2.

Where a contract has been concluded for a fixed period and where upon the expiry of the given period the parties continue to exercise their rights and discharge their duties, the contract shall be considered renewed for an indefinite period on the same conditions.

Article 2.156. Obligations of a Commercial Agent

A commercial agent must:

1)

carry out in good faith and carefully comply with all principal’s reasonable instructions, be loyal to the principal and act exclusively in the principal’s interest;

2)

notify the principal, on a regular basis, about contracts, which are being or have been concluded, as well as supply other important information related to his own and principal’s business;

3)

keep principal’s commercial secrets during the term of validity of a contract and upon its expiry;

4)

where such condition has been set in the contract, avoid competition with the principal;

5)

compensate the losses damages incurred on the principal ;

6)

upon the expiry of a contract, return to the principal all documents, property and other things which were handed over by the principal.

Article 2.157. Obligations of a Principal

A principal must:

1)

supply the commercial agent with requisite documents and information (price lists, samples of commodities, advertising materials, standard conditions of contracts, etc.);

2)

notify the commercial agent , without delay, about his consent or refusal to enter into a specific contract or enforce perform it, as well as about alterations of or supplements to the conditions of the contract;

3)

notify, without delay, the commercial agent about the approval or a refusal to approve a contract, which the commercial agent concluded without due authority;

4)

pay a salary as provided in the contract;

5)

supply the commercial agent with information requested for the performance of the agency contract and especially notify about the existence of a lesser number of trade contracts than the commercial agent might expect.

Article 2.158. Remuneration to a Commercial Agent
1.

A principal shall remunerate a commercial agent for every successfully concluded contract as provided in the agency contract. The commercial agent shall also have the right to remuneration in the case where the contract has been concluded by the principal himself but owing to the activities of the commercial agent and even in the event that the contract has been concluded after the expiry of agency relations.

2.

A contract may provide that commercial agent’s remuneration shall depend on how successfully the principal’s instructions have been carried out or that the commercial agent is offered remuneration only in the cases where the third person has performed the contract. A commercial agent shall also be offered remuneration for the sums of money recovered for the principal from the third persons.

3.

Where a commercial agent gives a guarantee to a principal that the other party to the contract will perform the contract in the proper way, the commercial agent shall be entitled to an additional remuneration (del credere). Agreement of the parties to preclude the given right shall be null and void. The right to additional remuneration (del credere) shall be achieved upon successful performance of a contract.

4.

In the event that remuneration for a commercial agent fails to be set in the contract, he shall be offered the remuneration, which is paid to the commercial agents, employed in the sphere of the said commercial agent’s activities, and for the goods, which are provided in the agency contract, whereas in the absence of such practice the commercial agent shall be entitled to a reasonable remuneration set by taking into consideration all peculiarities of the contract.

Article 2.159. Setting of the Amount of Commercial Agent’s Remuneration
1.

The amount of commercial agent’s remuneration set in the agency contract shall be presented in the form of a specific sum of money or the ratio of the contract value to the recovered sum.

2.

All expenses borne by a commercial agent shall be refunded if the other party to the contract failed to reimburse them (transportation of goods, storage, protection, packaging expenses, customs duties paid, as well as other dues and fees) and they shall not be included into the expenses of commercial agent’s independent activities.

3.

Where the salary of a commercial agent is presented in a concrete sum the Article 2.160 is applied inasmuch as it fails to contradict the essence of the agreement on the commercial agent’s salary expressed in concrete terms.

Article 2.160. The Procedure for the Remuneration to a Commercial Agent
1.

A commercial agent acquires the right to remuneration as of the moment of the conclusion of a contract on condition that the principal has performed a contract or had to perform a contract according to an agreement reached with the third party , or the third party performed a contract, and in all cases, however, the latest date is when the third party has performed its part of the contract or could have done it if the principal had performed his part of the contract

2.

Where a contract provides that remuneration for a commercial agent is paid only after a third person has performed a contract, a commercial agent shall be entitled to advance payment An advance payment may not be less than forty per cent of the salary and has to be paid no later than on the last day of the next month following the month on which a contract has been concluded, except as otherwise provided in the contract

3.

Where it becomes evident that the third person will fail to perform a contract a commercial agent shall be denied the right to request remuneration. In the event that the money has already been paid or an advance payment has been made, a principal shall have the right to recover the money from the commercial agent. The given provision shall not be applied in the cases where the principal is at fault for the failure to enforce the contract.

4.

A principal shall have to remunerate a commercial agent on a monthly basis and no later than on the last day of the month following the accounting period. The parties may, in a written contract, extend the term of payment but no longer than for three months from the last day of the accounting period.

5.

Every month, and upon reaching a written agreement at least every three months, a principal shall have to submit to a commercial agent documents of accounting, the data of which shall allow to calculate and offer remuneration, as well as to inform about all circumstances against which payments to the commercial agent are stopped or cut.

6.

In the event of disputes related to remuneration a commercial agent shall enjoy the right to request an audit to establish the exact amounts of remuneration and payments. Waiver of the right to audit shall not be valid. Where a principal refuses to carry out an audit or in the event of disagreement about the auditor the commercial agent shall have the right to file a request with the court for the mandatory appointment of an auditor.

7.

Three-year period of limitation shall be applied to requests to recover a commercial agent’s remuneration.

8.

Where a commercial agent has been granted an exclusive right to conclude contracts on a certain territory or with certain consumers, a commercial agent shall be entitled to payment by commission, which shall be calculated by taking into account the contracts concluded within the period of validity of the agency contract with the persons from the said territory or the said consumers.

9.

A commercial agent shall, too, be entitled to payment by commission in the cases where the order of the third party has reached the principal prior to the expiry of the agency contract or within a reasonable period of time after the expiry of the agency contract and the contract is related to the agency contract.

10.

Where a commercial agent is paid by commission after the expiry of the contract, the new agent shall not be entitled to payment by commission except in the cases where division of payment by commission under certain circumstances may be considered to be fair.

Article 2. 161. The right to Retention
1.

A dealer commercial agent shall have the right to retain principal’s things , which are in his possession and the documents confirming the rights to them until the principal offers remuneration to the commercial agent .

2.

Waiver of the right to retention shall be null and void..

Article 2.162. Rights of a Commercial Agent
1.

A commercial agent shall enjoy the right to perform any requested actions to carry out principal’s instruction properly in the principal’s name without special authority . A commercial agent shall have the right to alter provisions of contracts and accept the performance of the contract only in the cases where the given right has been provided separately in the agency contract or a separate power of attorney.

2.

Even though a commercial agent fails to be vested with authority to enter into contracts he shall be vested with authority to receive claims related to the quantity and the quality of goods as well as other claims related to the enforcement performance of a contract, and exercise, in the principal’s name, the latter’s right to secure the proof.

Article 2.163. Liability for Obligations Arising Under Contracts Concluded by a Commercial Agent
1.

Where a commercial agent, in the principal’s name, concludes a contract without authority to do so and where the other party was not aware and was not able to be aware thereof, it shall be recognised that the principal has approved the contract in the case, where he, upon notification about the said contract by the commercial agent or the third person, failed to inform, without delay, the third person of his disapproval thereof.

2.

Provision of paragraph 1 of the given Article shall also be applied in the cases where a commercial agent acted outside his authority.

Article 2.164. Prohibition of Competition
1.

A commercial agent and a principal may provide in the contract that upon expiry of the contract the commercial agent shall not compete with the principal for no more than two years. The given provision may be agreed upon in writing.

2.

Restriction of competition may be related only to a certain territory or certain kinds of goods and services or a group of customers and a territory, which were entrusted to the commercial agent.

3.

A principal shall enjoy the right to waive, in writing, in a unilateral manner, the prohibition of competition until the end of a contract.

4.

Where a contract provides for the prohibition of competition a commercial agent shall enjoy the right to compensation for all the period of the prohibition thereof. The amount of compensation shall be fixed by the agreement of both parties. The amount of compensation may be expressed by the sum of annual payment to the commercial agent.

5.

Where the contract has been terminated through the commercial agent’s fault, the commercial agent shall be divested of the right to compensation provided in paragraph 4 of the given Article.

6.

A principal shall be divested of the right to refer to the provision of the contract on the prohibition of competition where:

1)

a principal terminates the contract without commercial agent’s consent violating thereby the term of prior notification about the termination of a contract and fails to notify, without delay, the commercial agent about the important reasons for the termination thereof.

2)

A commercial agent terminates the contract for important reasons for which the principal is held liable and notifies the principal, without delay, thereof.

3)

Contract of a commercial agent and a principal has been terminated by a court judgement for reasons for which the principal is held liable;

7.

The court shall have authority, upon commercial agent’s request, to declare full or partial invalidity of the provision on the prohibition of competition where, taking into consideration the commercial agent’s lawful interests, the said provision causes him serious damage.

8.

Agreements, which contravene the provisions of the given Article and aggravate the situation of the commercial agent, shall be null and void.

Article 2.165. Termination of a Contract Concluded for an Indefinite Period
1.

An agency contract for indefinite period may be terminated on each party’s initiative subject to the condition that the other party has been notified about the termination thereof within the following term:

1)

a month before – where the contract was valid for one year;

2)

two months before – where the contract was valid for no more than two years;

3)

three months before – where the contract was valid for no more than three years;

4)

four months before – where the contract was valid for more than three years.

2.

The parties may not establish a shorter term of notification by an agreement but may establish a longer term of notification but in all cases the same term of notification shall be established for both parties.

3.

The party, which has terminated a contract without the other party’s consent and has violated the term of prior notification, must compensate the other party for the losses incurred by its actions, except in the cases, where the contract has been terminated for compelling reasons, which have to be notified, without delay, to the other party.

4.

Except as otherwise agreed upon by the parties, the last day of notification and the day of the termination of a contract shall have to coincide with the end of the calendar month.

5.

Where the term of an agency contract has expired and the fixed period contract became a contract for an indefinite period, the term of notification laid down in paragraph 1 of the given Article, which includes the time limit of validity of a fixed period contract, shall be applied to its termination.

Article 2.166. Termination of a Contract for a Fixed Period
1.

Each party shall have the right to terminate a fixed period contract before the expiry of its term where there are compelling reasons to do so. Waiver of the given right shall be null and void.

2.

Where the contract is terminated for reasons, for which the other party is liable, the latter shall have to compensate for the losses damages inflicted by the termination of the contract.

Article 2.167. Right to Compensation and Damages
1.

When a contract between a commercial agent and a principal expires, the commercial agent shall be entitled to compensation under paragraph 2 of this Article, if the parties to the contract have not agreed upon that after the expiration of the contract the commercial agent shall be entitled to damages under paragraph 6 of this Article. Waiver of the right to compensation or damages shall be null and void.

2.

A commercial agent shall be entitled to compensation where:

1)

upon the termination of the contract the principal has considerable profit from the business relations with clients who were found by the commercial agent or with who, because of the commercial agent, the amount of principal’s business has increased significantly;

2)

taking into consideration all circumstances, payment of the compensation would be in line with the principle of justice.

3.

Maximum amount for compensation shall be the average annual payment to the commercial agent calculated for all the term of contract validity where the contract was valid for no more than five years. Where the contract was valid more than five years, the average annual payment of the last five years shall be calculated. Payment of compensation shall not abolish the right of the commercial agent to make a claim for damages due for the breach of the contract.

4.

A commercial agent shall be divested of the right to compensation when during the period of one year after the expiration of the contract he fails to inform the principal about his intention to make use of such right.

5.

A commercial agent shall not be entitled to compensation where:

1)

the contract has been terminated on the commercial agent’s initiative, except in the cases where the commercial agent terminates the contract due to the unlawful actions of the principal or due to his illness, age or disability which prevent him from discharging his obligations properly;

2)

the contract has been terminated on the principal’s initiative where the commercial agent was at fault;

3)

the commercial agent, with principal’s consent, transfers his rights and obligations stipulated in the agency contract to another person.

6.

A commercial agent shall have the right to damages due for the termination of the contract with the principal, especially if he fails to receive a commission he is entitled to after a successful performance of an agency contract and the principal profits substantially from the commercial agent’s activities, and (or) where he fails to reimburse the expenses the commercial agent had to bear in the execution of the principal’s instructions. In the event of damages being awarded, paragraphs 4 and 5 of this Article shall apply.

Article 2.168. Exemptions
1.

The laws may provide for exemptions to the provisions of the given Section where they are deemed necessary due to the specific character of commercial agent’s activities in the different fields of business.

SECTION TWO

PECULIARITIES OF COMMERCIAL AGENCY IN CONCLUSION AND PERFORMANCE OF INTERNATIONAL CONTRACTS OF PURCHASE AND SALE OF GOODS

Article 2.169. The Field of Application

1. Provisions of the given Section shall be applied only in the cases where the following requirements are fulfilled:

1)

an international contract of purchase and sale of goods has been concluded and is performed;

2)

a principal and the third person reside in different states.

2. Provisions of the given Section shall be applied only to the relations between a principal and a commercial agent, on the one hand, and the third person, on the other.

3. Provisions of the given Section shall not be applied:

1)

to shares or other securities traded in the stock exchange;

2)

to commodities sold by auction;

3)

to the activities of statutory representatives as well as activities of representatives appointed by the decision of the court or an administrative institution.

4. Where a legal person’s managing bodies or employees act without overstepping the authority prescribed by law or legal person’s incorporation documents they, in the given Section, shall not be deemed to be agents.

Article 2.170. Rights and Obligations of an Agent
1.

Rights and obligations of an agent may be express or implied in specific circumstances.

2.

An agent shall be vested with authority to perform any acts, which under specific circumstances are necessary to carry out principal’s instruction properly.

3.

Rights and obligations of an agent may be presented in any form and any mode of proof may be used to prove their content.

Article 2.171. Validity of Contracts Concluded by an Agent
1.

Where an agent acts in principal’s name and in his interests without overstepping his authority and where the third person was aware or had to be aware that he was concluding the contract with an agent, the principal shall achieve the rights and assume obligations arising under the contract.

2.

Rights and obligations arising under a contract concluded by the agent shall be imposed on a agent and not a principal where:

1)

the third person failed to know and was not obliged to know that the contract was concluded with an agent (undisclosed agency );

2)

specific circumstances (e.g. provision of the contract) confirm that the agent, not the principal, intended to achieve rights and assume obligations arising under the contract.

3.

Where an agent fails to discharge his obligations to the principal, the principal, notwithstanding the circumstances laid down in paragraph 2 of the given Article, may exercise the rights, achieved by the agent, and related to the third person, by taking into consideration the right of the third person to use protective measures against the agent. Where the agent fails to discharge his obligations to the third person, the said person shall be vested with authority to exercise his rights, achieved against the agent, and related to the principal, by taking into account the right of the agent to use protective measures against the third person as well as the principal’s right to use protective measures against the agent.

4.

Rights provided in paragraph 3 of the given Article may be exercised if the principal, the agent and the third person have been respectively notified thereof. Upon the receipt of the said notification, the third person or the principal may not waive the obligations linking them with the agent.

5.

Where an agent fails to discharge his obligations to the third person through a principal’s fault, the agent must reveal principal’s name to the third person.

6.

Where the third person fails to discharge his obligations to the agent, the agent must reveal the third person’s name to the principal.

7.

A principal may not exercise the rights achieved by the agent and related to the third person, where the third person proves, that he would not have concluded the contract if he had known who the principal was.

Article 2.172. Conclusion and Enforcement of a Contract Without Due Authority or Outside One’s Authority
1.

Where a person acts without due authority or outside his authority his actions shall have no legal consequences for the principal. In such cases rights and obligations of the said person and the third person shall be achieved.

2.

Provisions of paragraph 1 of the given Article shall not be applied in cases where principal’s behaviour gave reasonable grounds for the third person to think that the agent had due authority and has not exceeded his powers.

Article 2.173. Approval of Agent’s Actions
1.

A principal shall have the right to approve the actions taken by the person who was not authorised to do so or was outside his authority. Approval may be done in different ways. Besides, approval may be implied in principal’s behaviour. Approval enters into force as of the moment of its receipt by the third person. Approval, which entered into force, shall be irrevocable.

2.

Where at the moment of entering into the contract the third person is unaware and is not able to know that the agent is not vested with authority or acts outside it, the third person shall not be liable to the principal if prior to the approval of his actions he notifies the principal, that the contract is not binding on him even after it has been approved.

3.

Where on entering into a contract the third person knew or had to know that the agent was not vested with authority or acts outside it the third person may not terminate the contract prior to the approval of agent’s actions or thereafter.

4.

The third person shall in all cases enjoy the right to waive only a partial approval of the agent’s actions.

5.

Where a person performs certain actions in the future legal person’s interests prior to the incorporation of a legal person, such actions may be approved only in the cases prescribed by the law.

Article 2.174. Legal Consequences of a Failure to Approve Agent’s Actions
1.

Where a person acts without due authority or outside his authority and where the principal refuses to approve his actions, the person must compensate to the third person those losses which would enable the third person to be in the situation in which he might have been if the agent had possessed the requested authority or acted without overstepping his authority.

2.

A person shall not be liable to the third person where the third person knew or had to know, that the person was not vested with authority or acted outside it.

Article 2.175. Termination of Agent’s Authority
1.

Authority of an agent shall be terminated:

1)

upon the agreement between a principal and an agent ;

2)

upon conclusion of the contract or performance of some other action for which the authority was granted;

3)

where a principal divests the agent of the authority he was granted;

4)

where an agent waives the rights he was granted;

5)

in other cases provided for by the given Code.

2.

Termination of agent’s authority shall not exercise influence on the authority of the third person except in the cases where the third person knew or had to know about the termination of agent’s authority or the circumstances, which formed the basis for the termination thereof.

3.

Notwithstanding the termination of agent’s authority, an agent shall enjoy the right to perform, in principal’s or his successors’ interests, certain actions which are necessary to avoid damage, which may be incurred on his or his successors’ interests.

SECTION THREE

PROCURACY

Article 2.176. Concept of Procuracy
1.

Procuracy shall be a power of attorney, which a legal person (entrepreneur) grants to his employee or other person to perform, in principal’s name and in his interests, all legal acts related to legal person’s (entrepreneur’s) undertaking.

2.

Besides, procuracy shall grant the right to perform, in principal’s name and in his interests, legal acts in the court or other non-judicial institutions.

3.

A person who is issued a procuracy shall be a procurator.

Article 2.177. Issuance of a Procuracy
1.

Procuracy shall be issued by a respective managing body of a legal person or the owner of a legal person or his authorised person in accordance with the procedure established in incorporation documents.

2.

Procuracy may be issued to some persons (joint procuracy). In such case all procurators shall have to act together.

Article 2.178. Form of a Procuracy
1.

Procuracy shall be issued in writing and signed by a person vested with authority to issue a procuracy.

2.

Procuracy shall be registered in accordance with the procedure prescribed by the law.

Article 2.179. Rights of a Procurator
1.

A procurator shall not have the right to perform and he may not be authorised to perform the following acts:

1)

to transfer an immovable object thing of the principal (enterprise) or encumber the rights to it;

2)

to sign the balance sheet and tax return of the principal;

3)

to institute bankruptcy proceedings of the principal;

4)

to issue a procuracy;

5)

to accept interest holders into an enterprise;

2.

A procurator shall not have the right to delegate his authority to the other person.

Article 2.180. Restrictions on a Procuracy
1.

Procuracy may be restricted. Procuracy may be restricted to a branch office of a legal person, respective spheres and types of legal person’s activities, certain circumstances, time or territory.

2.

Restrictions on procuracy specified in paragraph 1 of this Article shall have no effect on the third persons.

Article 2.181. Entering Into Force of a Procuracy
1.

A procuracy establishing the relations between a principal and a procurator shall enter into force as of the moment of its issuance.

2.

A procuracy, which is establishing relations between a procurator and the third persons shall enter into force as of the moment of its registration in accordance with the procedure prescribed by the law.

Article 2.182. Signature of a Procurator

Signing documents in a principal’s name a procurator shall have to indicate that he acts as a procurator, i.e. to include the word “procurator” or its abbreviation “pp”.

Article 2.183. Procurator’s Liability

A procurator shall be liable to a principal and the third persons in the same manner as a commercial agent.

Article 2.184. Termination of Procuracy
1.

Procuracy shall be terminated when:

1)

a principal revokes it;

2)

a procurator waives it;

3)

a principal has been instituted bankruptcy proceedings;

4)

a legal person which issued the procuracy is liquidated or reorganised;

5)

a procurator is dead.

2.

Procuracy shall be terminated as of the date of a respective entry in a respective register with the exception of the cases laid down in points 4 and 5 of paragraph 1 of the given Article.

Article 2.185. Acts Performed Without Procuracy
1.

A principal may instruct his employees to perform acts, which in a certain field of undertaking are usual and commonplace, without issuance of the procuracy. In such cases provisions of the given Code regulating a procuracy shall be applied by analogy.

2.

It is presumed that employees working in a shop or a warehouse shall have the right to sell, deliver or receive goods as well as receive claims concerning the quantity and quality of goods.

3.

On signing documents in the principal’s name employees specified in the given Article shall have to indicate their capacity, name, family name and authority.

BOOK THREE

FAMILY LAW

PART I

GENERAL PROVISIONS

CHAPTER I

FAMILY LAWS

Article 3.1. Relationships governed by Book Three of the Civil Code of the Republic of Lithuania

1. The provisions of Book Three of the Civil Code of the Republic of Lithuania define the general principles of the legal regulation of family relations and govern the grounds and procedures of entering into marriage, validity and dissolution of marriage, property and non-property personal rights of spouses, filiation, mutual rights and responsibilities between children, parents as well as other family members, the basic provisions on adoption, guardianship, curatorship and on the procedures of registering Acts of Civil Status.

2. The provisions of the other Books of the Civil Code, as well as the provisions of other civil laws, shall apply to family relationships to the extent that they are not regulated by the provisions of this Book.

Article 3.2. Sources of family law

1. Family relations shall be governed by the Constitution, the Civil Code and other laws of the Republic of Lithuania as well as by the international treaties of the Republic of Lithuania.

2. The Government and other public authorities of the Republic of Lithuania may adopt regulations on family law matters only in the cases and to the extent provided for in this Code and other legislation.

3. Customs shall apply to family relations only in cases provided for by legislation. In case there is a contradiction between the law and the custom, the law shall prevail.

Article 3.3. Principles of the legal regulation of family relationships

1. In the Republic of Lithuania the legal regulation of family relationships shall be based on the principles of monogamy, voluntary marriage, equality of spouses, priority of protecting and safeguarding the rights and interests of children, up-bringing of children in the family, comprehensive protection of motherhood and other principles of the legal regulation of civil relationships.

2. Family laws and their application must ensure the strengthening of the family and its significance in the society, the mutual responsibility of family members for the preservation of the family and the education of the children, the possibility for each member of the family to exercise his or her rights in an appropriate manner and to protect the children of minor age from the undue influence of the other members of the family or other persons or any other such factor.

Article 3.4. Analogy of statute or law

1. Where family relationships are not governed by this or the other Books of the Civil Code, they shall be governed by the provisions of other civil laws applicable to similar legal relations. The application by analogy of special legal norms stipulating derogation from the general provisions shall be prohibited.

2. Where it is not possible to apply statute by analogy and also where the resolution of the matter is left to judicial discretion, the rights and duties of the subjects of family relations shall be determined on the basis of justice, good faith, reasonableness and other general legal principles.

3. Where there are no mandatory rules, also in cases provided for in this Code and other laws, the subjects of family relations may determine their rights and duties by mutual agreement in accordance with the principles enshrined in paragraph 2 and Article 3.3 hereof.

Article 3.5. Implementation and protection of family rights

1. Persons are free to implement and exercise their family rights at their own discretion including the right to the protection of family rights. A waiver from a family right or its implementation shall not abolish the right except in cases provided for by law.

2. In exercising their family rights and performing their duties, persons must comply with the laws, respect the rules of their community life as well as the principles of good morality and act in good faith.

3. It is prohibited to abuse family rights, i. e. it is prohibited to exercise them in such a way and by such means as would violate or restrict other persons’ rights or interests protected by law, or would inflict harm on other persons. If a person abuses a family right, the court may refuse to protect it.

4. Family rights shall be protected by courts, institutions of guardianship and curatorship, governmental or non-governmental organisations in the ways provided for herein. Courts and other institutions shall seek that the parties to a dispute resolve their dispute peacefully by mutual agreement, and shall help the parties in every possible way to reach such an agreement.

Article 3.6. Limitation period for action

1. Claims arising from legal family relations shall be subject to statutory limitations except for the exemptions provided for in this Book hereof.

2. The procedures for the calculation, suspension, termination or restoration of limitation periods shall be stipulated in the rules of Book One hereof unless this Book provides for different rules.

PART II

MARRIAGE

CHAPTER II

CREATION OF MARRIAGE

SECTION ONE

AGREEMENT TO MARRY AND ITS LEGAL CONSEQUENCES

Article 3.7. Concept of marriage

1. Marriage is a voluntary agreement between a man and a woman to create legal family relations executed in the procedure provided for by law.

2. A man and a woman who have registered their marriage in the procedure provided for in law shall be deemed to be spouses.

Article 3.8. Agreement to marry (engagement)

1. Agreement to marry is not binding and may not be enforced by force although it may give rise to legal consequences described in Articles 3.9 to 3.11 hereof.

2. An agreement to marry may be expressed orally or in writing.

3. An application to register a marriage submitted to the Register Office in the prescribed format shall be deemed to be a public agreement to marry.

Article 3.9. Return of gifts

1. If the engagement is terminated, both parties to the public agreement to marry shall have a right to demand that the other party return everything he or she has received from the other party as a gift in consideration of the intended marriage except where the value of the gift is under one thousand Litas or where the party who had received a gift died before the registration of the marriage and the marriage has not been contracted due to the death of one of the parties.

2. Requests for the return of gifts shall be governed by the rules of Book Six hereof regulating relations pertaining to unjust enrichment or acquisition of assets not due.

3. An action for the return of a gift may be brought within a year of the date of the refusal to marry.

Article 3.10. Compensation of damages

1. The party to the agreement to marry that has refused to contract the marriage without a reasonable cause must compensate the damages incurred by the other party due to the refusal to marry.

2. The damages include the actual expenses of the party in preparation to marry and the actual expenses made in performing the obligations related to the intended marriage.

3. Where a party refuses to marry for a weighty reason that has emerged through the fault of the other party, the party at fault shall pay damages under paragraphs and 2 hereof.

4. The time limit to present claims for damages shall be one year after the date of the refusal to marry.

Article 3.11. Compensation for non-pecuniary damage

1. Where the parties had made a public agreement to marry, the party entitled to damages under Article 3.10 hereof, may also claim compensation for non-pecuniary damage.

2. An action for compensation of non-pecuniary damage may be brought within a year of the date of the refusal to marry.

SECTION TWO

CONDITIONS FOR CONTRACTING A MARRIAGE

Article 3.12. Prohibiting marriage of persons of the same gender

Marriage may be contracted only with a person of the opposite gender.

Article 3.13. Voluntary nature of marriage

1. Marriage shall be contracted by a man and a woman of their own free will.

2. Any threat, coercion, deceit or any other lack of free will shall provide the grounds on which the marriage declared null and void.

Article 3.14. Legal age of consent to marriage

1. Marriage may be contracted by persons who by or on the date of contracting a marriage have attained the age of 18.

2. At the request of a person who intends to marry before the age of 18, the court may, in a summary procedure, reduce for him or her the legal age of consent to marriage, but by no more than two years.

3. In the case of a pregnancy, the court may allow the person to marry before the age of 16.

4. While deciding on the reduction of a person’s legal age of consent to marriage, the court must hear the opinion of the minor person’s parents or guardians or curators and take into account his or her mental or psychological condition, financial situation and other important reasons why the person’s legal age of consent to marriage should be reduced. Pregnancy shall provide an important ground for the reduction of the person’s legal age of consent to marriage.

5. In the process of deciding on the reduction of the legal age of consent to marriage, the state institution for the protection of the child’s rights must present its opinion on the advisability of the reduction of the person’s legal age of consent to marriage and whether such a reduction is in the true interests of the person concerned.

Article 3.15. Active capacity

1. A person who has been declared by a res judicata court judgement) to be legally incapacitated may not contract a marriage.

2. If there is knowledge of a case pending before a court for the declaration of one of the parties to an intended marriage to be legally incapacitated, the registration of the marriage must be postponed until the judgement of the court becomes res judicata.

Article 3.16. Prohibition to violate the principle of monogamy

A married person who has not terminated his or her marital bond in accordance with the procedures laid down by the law may not enter into a second marriage.

Article 3.17. Prohibition to contract marriage between close relatives

Marriage between parents and children, adopters and adoptees grandparents and grandchildren, real or foster-brothers and real or foster-sisters, cousins, uncles and nieces, aunts and nephews shall be prohibited.

SECTION THREE

FORMATION OF MARRIAGE

Article 3.18. Application to register a marriage

Persons intending to marry must file an application to register the marriage in the procedure specified in Article 3.299 hereof.

Article 3.19. Making public the application to register a marriage

The fact of the submission of the application to register a marriage shall be made public in the procedure specified in Article 3.302 hereof.

Article 3.20. Confirmation of the compliance with the requirements for the formation of a marriage

1. While filing an application to register a marriage, the intended spouses must confirm in writing that they have met all the requirements laid down for the formation of marriage in Articles 3.12 to 3.17 hereof.

2. Before registering a marriage, the officials of the Register Office must check if all the requirements laid down in Articles 3.12 to 3.17 for the formation of marriage have been complied with.

Article 3.21. Premarital medical examination

1. At the time of filing an application to register a marriage, the officials of the Register Office shall suggest to the intended spouses that they undergo a premarital medical examination and prior to the date of the registration of their marriage submit a doctor’s certificate drawn up in the form specified by the institution authorised by the Government.

2. Failure to submit a doctor’s certificate shall not be an impediment for the registration of the marriage.

3. Failure of one of the parties to an intended marriage to inform the other party that he or she is suffering from a venereal disease or AIDS shall provide a cause for rendering the marriage null and void.

Article 3.22. Declaration on impediments to marriage

1. Any interested person shall have a right to make a written declaration to the Register Office that has made the application to register a marriage public to the effect that, subject to this Book, there are impediments to the marriage.

2. Having received a declaration on impediments to a marriage, the official of the Register Office shall postpone the registration of the marriage and request that the declarant submit written evidence of the facts alleged in the declaration within three days. If the declarant fails to submit such evidence within three days, the marriage shall be registered in accordance with the general procedures.

3. If the written evidence on the existing impediment to a marriage is presented, the official of the Register Office shall suspend the registration of the marriage and, in the event of a dispute, advise the intended spouses on their right to apply for the court to refute the declaration. In such a case the marriage shall be registered only after the intended spouses submit to the Register Office the res judicata court judgement on the refutation of the declaration on the impediments to the marriage as ill-founded.

4. Where the court decides to refute the declaration on the impediments to the marriage as unfounded, after the formation of the marriage the intended spouses shall have a right, within a year of the day on which the court’s judgement became res judicata, to claim damages from the person who submitted the declaration on impediments to the marriage, except in cases where the declaration was presented by the parents of one of the spouses or a public prosecutor.

Article 3.23. Proof of marriage

1. The Register Office that has registered a marriage shall issue a Certificate of Marriage.

2. The proof of marriage shall be the record of the marriage and the Certificate of Marriage issued on the basis of the record.

Article 3.24. Formation of religious marriages in the procedure established by the Church (confessions)

1. A religious marriage is formed in accordance with the procedures established by the internal law (canons) of the respective religion.

2. The formation of a marriage in accordance with the procedures established by the Church (confessions) shall entail the same legal consequences as those entailed by the formation of a marriage in the Register Office provided that:

1) the conditions laid down in Articles 3.12 to 3.17 hereof have been satisfied;

2) the marriage has been formed according to the procedures established by the canons of a religious organisation registered in and recognised by the Republic of Lithuania;

3) the formation of a marriage in the procedure established by the Church (confessions) has been recorded at the Register Office in the procedure provided for herein.

Article 3.25. Official records of marriages formed in the procedure established by the Church (confessions)

Marriages formed according to the procedure established by the Church (confessions) shall be entered in the official records in accordance with Article 3.304 hereof.

SECTION FOUR

LEGAL EFFECTS OF MARRIAGE

Article 3.26. Equality of spouses

1. Having contracted a marriage, the spouses acquire the rights and duties defined in this Book.

2. Spouses shall have equal rights and equal civil liability in respect of each other and their children in matters related to the formation, duration and termination of their marriage.

3. Spouses may not waive, by mutual agreement, their rights or extinguish their duties that arise from a marriage.

Article 3.27. The duty of spouses to support each other

1. Spouses must be loyal to and respect each other; they must support each other morally and financially and contribute toward the common needs of the family or the needs of the other spouse in proportion to their respective capabilities.

2. Where due to objective reasons one of the spouses is unable to make a sufficient contribution toward the common needs of the family, the other spouse must do that in accordance with his or her abilities.

Article 3.28. Creation of family relations

By contracting a marriage the spouses create family relations as a basis for their life together.

Article 3.29. Passive and active capacity of spouses

Marriage shall not restrict the passive and active capacity of spouses, nevertheless the possibility of the spouses to exercise certain rights may be restricted by the contract of marriage or the mandatory rules hereof.

Article 3.30. Duties of the spouses in respect to their children

Spouses must maintain and bring up their children of minor age, care for their education and health, ensure the child’s right to personal life, inviolability of his or her personality and freedom, the child’s property, social and other rights laid down in the domestic and international law.

Article 3.31. The surnames of the spouses

Both spouses shall have the right to retain their respective surnames or to choose the surname of the other spouse as their common surname or to have a double surname by adjoining the surname of the other spouse to one’s own surname.

Article 3.32. Representation

1. Any of the spouses may authorise the other to represent him and act on his behalf.

2. Where certain acts require the consent of the other spouse, but for any objective reason the other spouse is unable to give such a consent, the court may, upon the interested spouse’s request, give the interested spouse permission to perform the act. Before giving the permission, the court must satisfy itself that the consent of the other spouse is really unobtainable, while the permission will serve the interests of the family. The court’s permission is valid only for the act specified in the court’s order to be performed in the specified period of time. If the court finds that the spouse’s actions are contrary to the interests of the family or of the children of minor age, it may amend or revoke its permission on the request of the state institution for the protection of the child’s rights or the public prosecutor. The amendments or revocation of the permission shall be effective only from the date of the court’s order to that effect. On the day of its adoption, such an order of the court must be sent to the Chamber of Notaries Public or, if the permission is related to the disposition of immovable property, to the public register.

3. If a spouse has acted on behalf of the other spouse without his or her permission or the permission of the court, such acts and their consequences shall be subject to the rules of Book Six regulating the management of the other spouse’s affairs.

Article 3.33. Disputes of spouses relating to the performance of their duties or exercise of their rights

1. Where the spouses are unable to agree as to the performance of their duties or the exercise of their rights, either of them shall have a right to apply to the court for the resolution of their dispute.

2. In its efforts to resolve the dispute the court shall take measures for the reconciliation of the spouses.

3. The court must decide on the dispute of the spouses by taking account of the interests of their children of minor age and the interests of the family as a whole.

Article 3.34. Temporary Restriction of the property rights of a spouse

1. Where one of the spouses is in serious breach of his or her marital duties provided for in this Book hereof and poses a threat to the property interests of the family by his or her acts, the other spouse shall have a right to apply to the court for an order prohibiting the other spouse from disposing of their community property without the consent of the other spouse. The prohibition may not be valid for more than two years.

2. Transactions entered into by a spouse without the consent of the other spouse, which should have been obtained, may be annulled under an action brought by the other spouse provided the third party involved in the transaction was in bad faith. An action may be brought within a year of the date on which the spouse acquired or should have acquired knowledge of the transaction.

Article 3.35. Rights and duties of the spouses in the household

1. Neither spouse may, without the consent of the other spouse, alienate, pledge or lease movable property used in the household or encumber the right to it in any other way.

2. The movable property serving for the use of the household shall include household utensils, furniture, except for works of art, collections or home libraries.

3. A spouse having neither consented to nor ratified such a transaction may apply to have it annulled except in cases where the transaction was by onerous title and the third party was in good faith.

Article 3.36. The rights and duties of spouses in respect of the dwelling considered to be Family Property

1. Where the spouses live in a rented dwelling under a lease agreement, the spouse in whose name the dwelling is rented may not, without a written consent of the other spouse, terminate the lease agreement before its term, sublease it or transfer the rights under the lease agreement. The spouse having neither consented nor ratified such an act may apply to have it annulled.

2. A spouse who is the sole owner of the family dwelling may not, without a written consent of the other spouse, alienate, pledge or lease this dwelling. The spouse having neither consented to nor ratified such an act may apply to have it annulled provided that the disputed premises have registered in the public register as a family asset.

3. The rules of paragraph 1 and 2 shall be applied also in cases of usufruct (i. e. the right of using and receiving the profits, products or fruits of property that belongs to another) and contract of use.

CHAPTER III

NULLITY OF MARRIAGE

Article 3.37. The grounds and procedures for declaring marriage null and void

1. A marriage may be declared null and void if the conditions for the formation of a valid marriage set out in Articles 3.12 to 3.17 hereof have been violated as well as on the grounds provided for in paragraph 3 Article 3.21, Articles 3.39 and 3.40 hereof.

2. A marriage may be annulled only by the court.

3. A marriage that the court declares to be null and void shall be void ab initio.

4. Having pronounced a marriage null and void, the court must send a copy of its judgement to the Register Office where the marriage was registered within three business days of its effective date.

Article 3.38. Persons entitled to petition for a decree of nullity on the grounds of violation of the requirements for the formation of marriage.

1. A marriage formed in violation of the conditions set for the formation of marriage in Articles 3.16 and 3.17 hereof may be declared null and void on the petition of spouse who was ignorant of the impediments to the marriage, a public prosecutor or any other person whose rights and lawful interests were violated by the marriage.

2. A marriage formed in violation of the requirement set in Article 3.14 hereof may be declared null and void on the petition of a minor spouse, his or her parents, guardians or curators, public institutions for the protection of the child’s rights or a public prosecutor. After the minor spouse attains the age of 18, he or she shall be the only person who may petition for a decree of nullity.

3. A marriage formed in violation of the requirement set in Article 3.15 hereof may be declared null and void on the petition of the guardian of the spouse lacking capacity to marry, a public prosecutor or any other person whose rights and lawful interests have been violated by the marriage.

4. A marriage formed in violation of the requirement set in Article 3.13 hereof may be declared null and void on the petition of the spouse who had failed to express his or her free will at the time of the marriage or a public prosecutor. Where the who failed to express his free will is a minor, the nullity of the marriage may be sought by his or her parents, guardians, curators or a State institution for the protection of the child’s rights.

5. A judgement for the nullity of marriage on the grounds referred to in paragraph 3 Article 3.21 hereof may be sought by the party to the marriage who by the time of marriage had not been informed of the other party’s illness.

Article 3.39. Nullity of a fictitious (‘sham’) marriage

A marriage formed fictitiously without the true intention of creating a legal family relationship may be declared null and void on the petition of either spouse or a public prosecutor.

Article 3.40. Declaring a marriage null and void due to the lack of free will

1. A marriage may be declared null and void if a spouse can prove that at the time of marriage he or she was incapable of understanding the true meaning of his or her actions or of being in charge of them of being in charge of them.

2. Nullity of marriage may be sought by a spouse if he or she entered into the marriage under threat, duress or fraud.

3. A spouse who gave consent to the marriage in consequence of an essential mistake may seek the nullity of the marriage. The mistake is presumed to be essential if it is a mistake about the circumstances related to the other party the knowledge of which would have been a sufficient reason for the party not to enter into the marriage. The mistake is presumed to be essential if it is about:

1) the health condition or the sexual abnormality of a party which makes the usual family life impossible;

2) the grave crime committed by the other party.

Article 3.41. Bars to the nullity of marriage

1. The court may refuse to declare a marriage null and void if the circumstances which had constituted an impediment to the marriage hereunder disappeared during the proceedings of the case.

2. The court may refuse to declare a marriage contracted by a minor person null and void if the nullity of the marriage were contrary to the interests of the minor children of the minor spouse or spouses.

3. A marriage may not be pronounced to be a fictitious marriage if prior to the petition for nullity the spouses had created family relations or had cohabited for over a year from the date of marriage or had given birth to or were expecting their own child.

4. A marriage may not be declared null and void after divorce, except where the marriage had been contracted in violation of the monogamy principle or within the prohibited degrees of relationship (Articles 3.16 and 3.13).

5. A marriage which was contracted without one of the spouses expressing his free will may not be pronounced null and void if, after the formation of the marriage or after the knowledge of the circumstances giving a sufficient ground for pronouncing it null and void, the spouses lived together for over a year or they have given birth to or are expecting their own baby.

Article 3.42. Statutes of limitation

1. A spouse who entered into a marriage under the age of 18 may petition for the nullity of the marriage within a year of the date of his or her attaining full age.

2. Petition for the nullity of a marriage contracted without a free and voluntary consent may be presented within a year of the date on which the circumstances constituting the grounds for pronouncing the marriage null and void disappeared or became known.

3. Petition for the nullity of a fictitious marriage may be presented within a year of the date on which the marriage was contracted. A public prosecutor may petition for the nullity of a marriage under Article 3.39 hereof within five years of the date on which the marriage was contracted.

4. Petition for the nullity of a marriage on other grounds shall be subject to no limitations.

Article 3.43. Separation of spouses and maintenance order

1. In an effort to protect the interests of one of the spouses, the court may, circumstances permitting, order the spouses to separate pending the proceedings on the nullity of their marriage.

2. In pronouncing a marriage null and void, the court must decide as to the maintenance of the children and the spouse in good faith as well as to make a residence order in respect of the children.

Article 3.44. Extinguishment of the right to petition

1. The right to petition for the nullity of a marriage may not be devolved by succession or any other way.

2. After the death of one of the parties to a marriage, a public prosecutor may no longer initiate proceedings for the nullity of the marriage.

Article 3.45. Legal effects of marriage declared null and void

1. Any children born of a marriage subsequently decreed void by the court shall be treated as born within marriage.

2. Where both the spouses were in good faith, i. e. did not and could not know about the impediments to their marriage, the legal consequences of their marriage, although it has been declared null and void, shall be the same as those of a valid marriage except for the right of succession. Evidence of the good faith of the spouses must be indicated in the judgement of the court.

Article 3.46. Legal consequences of nullity where one or both spouses were in bad faith

1. With a null and void marriage where only one of the parties was in good faith, the party in good faith shall be entitled to all the rights a spouse is entitled to by virtue of a valid marriage.

2. With a null and void marriage where both the parties were in bad faith, they lose all the rights and duties spouses have by virtue of a valid marriage. Each of them shall have a right to recover their own property including the gifts to the other party.

Article 3.47. Rights of the spouse in good faith

1. If in need of maintenance, the spouse in good faith shall have a right to petition for maintenance from the spouse in bad faith for a period not exceeding three years.

2. The amount of the maintenance shall be at the discretion of the court having regard to the financial position of both the parties. The court may make an order for periodical monthly payments or one payment of a lump sum. If the financial position of one of the parties changes, the interested party may start apply for the increase, decrease or termination of maintenance.

3. An order for maintenance to the spouse in good faith terminates on the remarriage of the payee or at the end of the three-year period during which maintenance was paid.

Article 3.48. Mandatory participation of guardianship and care institutions

Where one or both spouses are of minor age or have been declared by the court lacking legal capacity, guardianship and care institutions or the public institution for the protection of the child’s rights must attend the proceedings for the nullity of the marriage of such persons and give their opinion on whether the nullity of the marriage may prejudice the rights and interests of such persons or their children.

CHAPTER IV

DISSOLUTION OF MARRIAGE

SECTION ONE

FUNDAMENTALS OF DISSOLUTION OF MARRIAGE

Article 3.49. Cases of dissolution of marriage

1. A marriage is dissolved by the death of one of the spouses or by termination by the operation of law.

2. A marriage may be dissolved by the mutual consent of the spouses, on the application of one of the spouses or through the fault of a spouse (spouses).

Article 3.50. Dissolution of marriage by the death of one of the spouses

1. A marriage is dissolved by the death or a court judgement of presumption of death of one of the spouses.

2. Where one of the spouses is presumed dead, the marriage shall be considered dissolved from the date on which the court judgement becomes res judicata or from date specified therein.

3. If the spouse who has been presumed to be dead by a court judgement turns up, the marriage may be renewed by the mutual application of the spouses to be presented, after the annulment of the court judgement of presumption of death, to the Register Office that registered the dissolution of marriage.

4. A marriage may not be renewed if the other spouse had remarried or there are impediments under Articles 3.12 to 3.17 hereof.

SECTION TWO

DIVORCE BY THE MUTUAL CONSENT OF THE SPOUSES

Article 3.51. Conditions for divorce

1. A marriage may be dissolved by the mutual consent of the spouses provided all the following conditions have been satisfied:

1) over a year has elapsed from the commencement of the marriage;

2) the spouses have made a contract in respect of the consequences of their divorce (property adjustment, maintenance payments for the children, etc.);

3) both the spouses have full active legal capacity.

2. In cases provided for in this Article divorce shall be obtained under simplified procedures.

Article 3.52. Application for divorce

1. A mutual application of the spouses for divorce shall be presented to the court of the district where one of the spouses resides.

2. The application must be accompanied by the contract as to the consequences of the divorce.

3. The application must contain reasons why, in the opinion of the spouses, their marriage has broken down.

Article 3.53. Divorce proceedings

1. The court grants a judgement of divorce if it is satisfied that the marriage has broken down irretrievably. A marriage shall be considered to have broken down irretrievably if the spouses no longer live together and it is not likely they will live together again.

2. An irretrievable breakdown of a marriage is presumed if the spouses have been separated form board and bed for over a year.

3. While granting a divorce decree, the court shall approve the contract of the spouses as to the consequences of divorce providing for the maintenance payments for the children of minor age and each other, the residence of their minor children, their participation in the education of their children and their other property rights and duties. The content of the contract shall be incorporated in the judgement of divorce. In case there is an essential change in the circumstances (illness of one of the former spouses, incapacity for work, etc.), the former spouses or one of them may petition the court to reconsider the terms and conditions of their contract as to the consequences of divorce.

4. Where the contract as to the consequences of divorce is not consistent with the public order or is an essential violation of the rights and lawful interests of the minor children of the spouses or of one of the spouses, the court shall not approve the contract and shall suspend the divorce proceedings until the spouses have made a new contract. If the spouses fail to comply with the directions of the court within six months of the suspension of the proceedings, the court shall not resume the consideration of the application for divorce.

Article 3.54. Reconciliation of spouses

1. The court must take measures to encourage the reconciliation of the spouses.

2. At the request of one of the spouses or on its own initiative the court may provide for an up to a six-month-long reconciliation period. At the end of the reconciliation period the divorce proceedings shall be resumed at the request of one of the parties.

3. If neither of the spouses petitions for divorce within a year of the beginning of the reconciliation period, the court does not resume the divorce proceedings.

4. Where the spouses have lived apart for over a year or the reconciliation period is essentially contrary to the interests of one of the spouses or those of their children, or where both the spouses require a substantive consideration of their case, the court shall not set any reconciliation period.

SECTION THREE

DIVORCE ON THE APPLICATION OF ONE OF THE SPOUSES

Article 3.55. Conditions for obtaining divorce

1. A marriage may be dissolved on the application of one of the spouses filed with the court of the district where the applicant resides, if at least one of the following conditions are satisfied:

1) the spouses have been separated for over a year;

2) after the formation of the marriage one of the spouses has been declared legally incapacitated by the court;

3) one of the spouses has been declared missing by the court;

4) one of the spouses has been serving a term of imprisonment for over a year for the commission of a non-premeditated crime.

2. On behalf of the spouse lacking legal capacity the application for divorce may be filed by his or her guardian, a public prosecutor or a guardianship and care institution.

Article 3.56. The content of the application

1. The application must contain the indication of one of the grounds for divorce under paragraph 1 Article 3.55 hereof.

2. The application must also indicate how the applicant is going to perform his or her obligations toward the other spouse and their minor children.

3. The application must also contain the data provided for in the Code of Civil Procedure.

Article 3.57. Examination of the application

1. A spouse’s application for divorce shall be examined in a simplified procedure.

2. Where divorce proceedings are commenced on the application of one of the spouses, the reconciliation measures referred to in Article 3.54 shall not be applied.

3. The court having regard to the age of one of the spouses, the duration of marriage, the interests of the minor children of the family may refuse to grant a divorce decree if the divorce may cause significant harm to the property and non-property interests of one of the spouses or their children.

4. The other spouse or his or her guardian shall have a right to declare that the marriage has broken down through the applicant’s fault and demand that the court grant divorce on the basis of the applicant’s fault. If the court considers the declaration to be well grounded, divorce shall be granted on the basis of the fault of the spouse who initiated the divorce proceedings (Article 3.60 hereof).

Article 3.58. Mandatory participation of guardianship and care institutions

Where one of the spouses lacks legal capacity, a guardianship and care institution must present its opinion to the court concerning the guarantees of the interests of the spouse lacking legal capacity on divorce.

Article 3.59. Matters to be resolved by the court in granting divorce

In granting a divorce the court must resolve matters relating to the residence and maintenance of the minor children, the maintenance of one of the spouses, adjustment of the community property of the spouses, except in cases where the property has been adjusted by the mutual agreement of the spouses certified in the notarial procedure.

SECTION FOUR

DIVORCE ON THE BASIS OF THE FAULT OF ONE OR BOTH OF THE SPOUSES

Article 3.60. Conditions for obtaining divorce

1. A spouse may apply for divorce on the grounds provided for in this Section where the marriage has broken down through the fault of the other spouse.

2. The fault of a spouse for the breakdown of the marriage shall be established if he or she has seriously breached the duties under this Book hereof, which is the reason why their matrimonial life has become impossible.

3. A marriage shall be presumed to have broken down through the fault of the other spouse where he or she has been convicted of a pre-meditated crime or has committed adultery or is violent toward the other spouse or the other members of the family or has deserted the family and has not been caring for it for over a year.

Article 3.61. Both spouses at fault

1. The respondent in a divorce suit may argue against his or her fault and adduce facts to prove that the other spouse is at fault for the breakdown of the marriage.

2. The court having regard to the circumstances of the case may declare that both parties are at fault for the breakdown of the marriage.

3. A divorce based on the fault of both spouses shall have the same consequences as the dissolution of marriage by the mutual consent of the spouses (Articles 3.51 to 3.54).

Article 3.62. Divorce procedure

1. A divorce on the basis of the fault of one of the spouses shall be granted by the court under contentious procedure.

2. At the request of one of the spouses divorce proceedings shall be held in a closed hearing.

3. Divorce proceedings shall be subject, mutatis mutandis, to Article 3.59 hereof.

Article 3.63. Omission of the specific causes of a divorce from the court judgement

At the request of both spouses the court, in granting a divorce, shall omit the specific facts evidencing the fault of one or both the spouses for the dissolution of the marriage from the judgement and merely indicate that the marriage has broken down through the fault of one or both the spouses.

Article 3.64. Conciliation of spouses

1. The court must take measures to achieve a reconciliation of the spouses.

2. The court must suggest that the spouses reach an amicable settlement of their respective property interests, the maintenance and education of their children as well as other consequences of their divorce. If the spouses reach an agreement, paragraphs 3 and 4 of Article 3.53 hereof shall be applied.

3. The court shall apply measures provided for in paragraph 2 and 3 of Article 3.54 hereof, except in cases where the application of those provisions may be detrimental to the interests of the applicant or the minor children of the spouses.

Article 3.65. Provisional protection measures

1. The court having regard to the interests of the children of the spouses as well as the interests of one of the spouses may make orders for provisional protection measures pending the outcome of the divorce suit.

2. The court may make the following orders for provisional protection measures:

1) to order one of the spouses to live separately;

2) to determine the residence of the minor children with one of the parents;

3) to demand for one of the spouses not to interfere with the use of certain property by the other spouse;

4) to issue a maintenance order in favour of the minor children or the other spouse;

5) seize property until its ownership by one of the spouses is determined or in order to enforce maintenance payments;

6) seize the property of one of the spouses the value of which could be used to compensate for the litigation costs to the other spouse;

7) prohibit one of the spouses from having contact with his or her minor children or appearing in certain places.

SECTION FIVE

LEGAL EFFECTS OF DIVORCE

Article 3.66. The moment of the dissolution of marriage

1. A marriage shall be considered to be dissolved on the date when the divorce judgement becomes res judicata.

2. The court must send a copy of the divorce judgement to the local Register Office for the registration of the divorce within three business days of the date of res judicta of the judgement.

Article 3.67. Consequences of divorce to the property interests of the spouses

1. Legal consequences of divorce to the property interests of the spouses shall be produced from the moment of the commencement of divorce proceedings.

2. A spouse other than the one determined to be at fault for the breakdown of the marriage may ask the court to rule that the legal consequences of divorce to the interests of the spouses shall be produced from the day of their actual separation.

Article 3.68. Invalidation of transactions made after the commencement of the divorce proceedings

Transactions related to the joint property of the spouses made by one of the spouses after the commencement of the divorce proceedings may be invalidated by the court in an action brought by the other spouse provided the other spouse can prove that the transaction was made with the aim of prejudicing his or her interests while the third party was in bad faith.

Article 3.69. Surnames of the former spouses

1. On divorce, a spouse may retain his or her married surname or the surname he or she had before the marriage.

2. Where a marriage is dissolved on the basis of the fault of one of the spouses, the court may, at the request of the other spouse, prohibit the spouse at fault from retaining his or her married surname, except in cases where the spouses have children.

Article 3.70. Legal consequences of a divorce on the basis of the fault of one of the spouses

1. Where a divorce is granted on the basis of the fault of one of the spouses, the spouse at fault shall lose the rights of a divorcee under the law or under the marriage contract including the right to maintenance.

2. The other spouse may demand from the spouse responsible for the breakdown of the marriage damages related to the divorce as well as compensation for non-pecuniary damage done by the divorce. This provision shall not be applied where both spouses are responsible for the breakdown of the marriage.

3. At the request of the other spouse the spouse at fault for the breakdown of the marriage shall return the gifts received from him or her except for the wedding ring unless the marriage contract provides otherwise.

4. Where both spouses are responsible for the breakdown of the marriage, both of them shall have a right to demand the return of the immovable gifts given to each other unless more than ten years have elapsed from the gift contract and the immovable property has been transferred to third parties.

Article 3.71. Retention of the right to use the matrimonial dwelling

1. Where the matrimonial dwelling is owned by one of the spouses, the court may make a usufruct order and allow the other spouse to remain in the matrimonial dwelling if their minor children live with him or her.

2. The usufruct order shall be valid until the child (children) attain majority.

3. Where the matrimonial dwelling is rented, the court may award the rights of the lessee to the spouse that remains to live with their minor children or that lacks capacity for work and may evict the other spouse if he or she has been ordered to live separately.

Article 3.72. Mutual maintenance of the former spouses

1. The court when making a divorce judgement shall also make a maintenance order in favour of the spouse in need of maintenance unless the matters of maintenance are settled in the agreement of the spouses concerning the consequences of divorce. A spouse shall have no right to maintenance if his or her assets or income are sufficient to fully support him or her.

2. Maintenance shall be presumed to be necessary if he or she is bringing up a minor child of the marriage or is incapacitated for employment because of his or her age or state of health.

3. A spouse that was not able to obtain any qualifications for work (complete his or her studies) because of the marriage, common interests of the family or the need to care for the children, shall have a right to demand from the former spouse to cover the costs related to the completion of his or her studies or retraining.

4. The spouse responsible for the breakdown of the marriage shall have no right to maintenance.

5. While making a maintenance order and deciding on its amount, the court shall take into account the duration of the marriage, the need for maintenance, the assets owned by the former spouses, their state of health, age, capacity for employment, the possibility of the unemployed spouse of finding employment and other important circumstances.

6. The amount of maintenance shall be reduced, made temporary or refused if one of the following circumstances exist:

1) the marriage lasted for a period not exceeding a year;

2) the spouse entitled to maintenance has committed a crime against the other spouse or his or her next of kin;

3) the spouse entitled to maintenance has created his or her difficult financial situation through his or her own irresponsible acts;

4) the spouse requesting maintenance did not contribute to the growth of their community assets or wilfully prejudiced the interests of the other spouse or the family during the marriage.

7. The court may demand from the spouse obliged to provide maintenance to the other spouse to produce an adequate guarantee of fulfilment of this obligation.

8. The court may make maintenance orders for a lump sum or periodical (monthly) payments or property adjustment.

9. Where divorce is based on the application of one of the spouses because of the legal incompetence of the other spouse, the applicant spouse must cover the treatment and care expenses of the former incompetent spouse unless the expenses are covered from state social security funds.

10. The maintenance order shall be the basis for the forced pledge of the respondent’s assets. If the former spouse defaults on his or her obligation to pay maintenance, his or her assets may be used to make payments in the procedure laid down by the law.

11. Where the maintenance order is for periodical payments, a significant change in the circumstances referred to in paragraph 5 of this Article may warrant the application of either of the former spouses for an increase, reduction or termination of maintenance payments. Periodical payments shall be for the life of the creditor and shall be inflation-indexed annually in the procedure laid down by the Government.

12. After the death of the spouse obliged to pay maintenance, the obligation to pay maintenance is devolved on his or her successors to the extent of his or her estate irrespective of the way the estate is accepted.

13. Where the payee dies or remarries, the maintenance payment shall be terminated. On the payee’s death, the right to demand arrears of the maintenance payments shall pass to the payee’s successors. The dissolution of the new marriage shall create a right to apply for the renewal of maintenance payments provided the payee is bringing up a child by his or her former spouse or is caring for a disabled child by his or her former spouse. In all other cases the duty of the subsequent spouse to maintain the payee shall take precedence over that of the first former spouse.

CHAPTER V

SEPARATION

Article 3.73. Application for separation

1. One of the spouses may apply to the court for the approval of the separation if due to certain circumstances, which may not depend on the other spouse, their life together has become intolerable (impossible) or can seriously prejudice the interests of their minor children or the spouses are no longer interested in living together.

2. Both spouses may jointly apply to the court for the approval of their separation if they have made a contract concerning the consequences of their separation providing for the residence, maintenance and education of their minor children as well as for the adjustment of their property and mutual maintenance.

Article 3.74. Counter-applications

1. The defendant in a separation case shall have a right to lodge a counter-claim for divorce.

2. The defendant in a divorce case shall have a right to lodge a counter-claim for separation.

3. Where one of the spouses seeks a divorce while the other spouse applies for separation, the court may make a divorce order on the basis of the fault of one or both of the spouses or it may make a separation order.

Article 3.75. Separation procedure

1. The court shall examine applications for separation in the contentious procedure.

2. Having regard to the interests of the minor children of the spouses as well as to the interests of one of the spouses the court shall take measures to foster a reconciliation of the spouses (Article 3.54 hereof).

3. The court may order provisional protection measures referred to in Article 3.65 hereof.

Article 3.76. Matters to be resolved in making a separation judgement

1. When making a separation judgement, the court must designate the spouse with whom the children are to live, the maintenance of the children and the involvement of the separated father (mother) in the education of their children.

2. Having regard to important circumstances, the court may make an order for the residence of the children with other persons or in a guardianship or care institution.

3. In deciding which of the spouses should have a right to stay in their matrimonial dwelling, first consideration must be given to the spouse with whom the minor children are to live or to the spouse lacking capacity for work.

4. Where the spouses have made a contract as to the consequences of separation (paragraph 2 Article 3.73), the court shall approve the contract provided that it is consistent with public order, the rights and lawful interests of their minor children or one of the spouses. Having approved the contract, the court shall incorporate its content in the separation judgement.

5. If there is a serious change in the circumstances significant for the matters related to the separation of the spouses, either spouse may seek the reconsideration of the former judgement and a different resolution of matters referred to in paragraph 1 of this Article based on the change in the circumstances.

Article 3.77. Legal consequences of separation

1. When the court makes a separation judgement, it releases the spouses form the obligation to live together, but the other rights and duties of the spouses shall not be extinguished except in cases provided for herein.

2. Separation shall not produce any effects on the rights and duties of he spouses in respect of their minor children except in cases provided for herein.

3. When making a separation judgement, the court must always make a property adjustment order unless those matters are settled in the marriage contract of the spouses.

4. The legal consequences of separation for the property interests of the spouses shall be produced from the initiation of the separation suit. However, the spouse other than the one responsible, in the opinion of the court, for the separation may ask the court to make the legal consequences of separation retroactive to the date on which the spouses ceased to live together.

5. If one of the separated spouses dies, the survivor shall retain all the rights of a surviving spouse under the law, except where the surviving spouse has been declared by the court to be at fault for the separation. The same rule shall apply where the court makes a separation order on the basis of the joint application of the spouses unless the marriage contract of the spouses stipulates otherwise. The surviving spouse, however, shall lose the right of succession to the estate of the deceased spouse.

Article 3.78. Mutual maintenance of the spouses

1. When issuing a separation order, the court may order the spouse at fault for the separation to pay maintenance to the other spouse in need of it unless the maintenance matters are settled in the agreement of the spouses.

2. When making a maintenance order and determining the amount, the court must take into consideration the duration of the marriage, the need for maintenance, the financial position of both spouses, their state of health, age as well as their earning capacity, the unemployed spouse’s chances of finding employment and other important circumstances.

3. The court may rule that the spouse under the obligation to pay maintenance to other spouse must provide a security that the obligation will be fulfilled.

4. Maintenance may be ordered as a lump sum of a certain amount or periodical monthly payments or property transfer.

5. The maintenance order shall be the basis for the statutory pledge of the respondent’s assets. If a spouse defaults on his or her obligation to provide maintenance, his or her assets may be used to make payments in the procedure laid down by the law.

6. Where maintenance has been ordered in the form of periodical payments, a fundamental change in the circumstances referred to in paragraph 2 of this Article, either spouse may claim an increase, reduction or termination of the payments. Periodical payments shall be indexed annually in the procedure laid down by the Government.

Article 3.79. End of a separation

1. A separation shall end when the spouses start living together again and their life together proves their intention to live together permanently. A separation shall end when, on the joint application of the spouses, the court makes a judgement to end the separation, which revokes its former separation order.

2. On the resumption of their life together, the spouses shall remain separate as to property until they make a new marriage contract and set a new matrimonial regime.

3. The end of separation shall produce effects for third parties only if the spouses make a new marriage contract and register it in the procedure provided for in Article 3.103 hereof.

4. Where the spouses are separated for more than a year after the date when the court judgement became res judicata, either spouse may seek divorce on the basis provided for in point 1 paragraph 1 Article 3.55 hereof.

Article 3.80. Mandatory participation of the state institution for the protection of the child’s rights

Where the spouses have children of minor age, the state institution for the protection of the child’s rights must participate in the proceedings and present its conclusion on the possible violation of the children’s rights in taking decisions on separation matters.

PART III

RIGHTS AND DUTIES OF THE SPOUSES IN PROPERTY

CHAPTER VI

LEGAL REGIME OF PROPERTY OF SPOUSES

SECTION ONE

GENERAL PROVISIONS

Article 3.81. Kinds of legal regime of property of spouses

1. There shall be statutory and contractual legal regime of the property of spouses.

2. The statutory legal regime of the property of spouses shall be governed by Articles 3.87 to 3.100 hereof.

3. The contractual regime of the property of spouses shall be governed by Articles 3.101 to 3.108 hereof.

Article 3.82. Application of Statutory Legal Regime of Property

Where the spouses have not made a marriage contract, their property shall be subject to the statutory regime.

Article 3.83. The right of the spouses to fix their matrimonial regime in their marriage contract

1. When making a marriage contract, the spouses shall have a right to determine their matrimonial regime as they think fit.

2. Provisions of a marriage contract inconsistent with good morality or public order shall be null and void.

Article 3.84. Family assets

1. Any assets referred to in paragraph 2 of this Article owned by either spouse before or during the marriage shall be considered to be family assets. Family assets may be used only to meet the needs of the family.

2. The following assets owned by one or both spouses shall be family assets:

1) the family dwelling;

2) movables intended for the use in the household including furniture.

3. Family assets shall include the right to use the family dwelling.

4. Assets referred to in paragraphs 2 and 3 of this Article shall acquire the legal status of family assets on the date of the registration of marriage, but the spouses may use this fact in respect of third parties in good faith only if an immovable is registered in the public register as a family asset.

Article 3.85. Legal regime of family assets

1. Assets referred to in paragraph 2 Article 3.84 hereof, which are the personal property of one of the spouses, may be used, managed or disposed of only in accordance with this Article.

2. The spouse who is the owner of an immovable considered to be a family asset, may transfer ownership rights to it, charge it or encumber the rights to it in any other way only with the written consent of the other spouse. Where the spouses have children of minor age, transactions in respect of an immovable considered to be a family asset require a judicial authorisation.

3. Family assets may not be used against a creditor if the creditor knew or should have known that the transaction is not related to meeting the needs of the family and is contrary to the interests of the family.

4. The legal regime of family assets or the composition of the family assets may not be changed by an agreement of the spouses.

Article 3.86. End of the legal regime of family assets

1. The legal regime of family assets shall end on divorce, declaration of the nullity of marriage or separation of the spouses.

2. The court may award the right to use family assets or a certain part of them (usufruct) to the spouse with whom the minor children of the marriage will live. The usufruct shall be valid until the children attain majority.

3. Where the spouses rent a family dwelling, the court may transfer the lessee rights to the spouse with whom the children will live or the spouse who lacks earning capacity.

4. The court may award the chattels intended for the use in the household to the spouse who stays in the family dwelling together with the minor children.

SECTION TWO

STATUTORY LEGAL REGIME OF PROPERTY OF SPOUSES

Article 3.87. Definition of the fundamentals of the legal regime of property

1. Under the legal regime the property acquired by the spouses after the commencement of their marriage shall be their joint community property.

2. The property of spouses constitutes their joint community property until their separation as to property or until the extinguishment of the joint community property rights in some other way.

Article 3.88. Joint community property

1. Joint community property shall be:

1) property acquired after the formation of marriage in the name of one or both of the spouses;

2) the income and fruits collected from the individual property of a spouse;

3) income derived from the joint activities of the spouses, and income derived from the activities of one of the spouses except for the funds required for that spouse’s occupation;

4) an enterprise and the income derived from the operations of the enterprise or any other business provided that the spouses took up such business activities after the commencement of the marriage. Where the enterprise was owned by one of the spouses before the marriage, the joint community property shall include the income derived from the operations of the enterprise or any other business and the increase of the enterprise (business) after the formation of the marriage;

5) income from the work or intellectual activities, dividends, pensions, benefits or other payments collected by both spouses or one of them after the commencement of the marriage except for payments received for specific purposes (such as damages for moral or corporal injury, support, allowance or other benefits paid specifically to only one of the spouses, etc.).

2. All property shall be presumed to be joint community property unless it is established that it is the individual property of one of them.

3. Both spouses must be registered as the owners of the joint community property in the public register. Where the property is registered in the name of one of the spouses, it shall be considered to be joint community property provided it is registered as joint community property.

4. On divorce, a spouse shall have the right to claim one half of the funds accumulated in a private pension fund from the joint financial sources of the spouses.

Article 3.89. Individual property of the spouses

1. The individual property of each spouse shall consist of:

1) property acquired separately by each spouse before the commencement of the marriage;

2) property devolved to a spouse by succession or gift during the marriage unless the will or donation agreement indicates that the property is devolved as joint community property;

3) a spouse’s personas effects (footwear, clothing, instruments required for the spouse’s occupation);

4) the rights to intellectual or industrial property except for the income derived from those rights;

5) funds and chattels required for the personal business of one of the spouses other than the funds and chattels used in the business conducted jointly by both spouses;

6) damages and compensation payments received by one of the spouses for non-pecuniary damage or personal injury, payments as financial aid for specific purposes and other benefits related specifically to only one of the spouses, rights that may not be transferred;

7) property acquired with the separate funds or proceeds from the sale of a separate property with the express intention of the spouse at the time of the acquisition to acquire it as a separate property.

2. The fact of property being a separate individual property of one of the spouses may be proved only by written documents (evidence) except in cases where the law allows to accept the testimony of witnesses or the nature of the property is sufficient proof of it being a separate property of one of the spouses.

3. Individual property that one of the spouses transfers to the temporary possession of the other spouse to meet the latter’s personal needs shall remain a separate property of the transferor.

Article 3.90. Declaration of individual property to be joint community property

1. The court may declare an individual property of one of the spouses to be joint community property if it is established that during the marriage the property was fundamentally improved with the joint funds of the spouses or with the funds of or due to the work of the other spouse (capital investments, reconstruction, etc.).

2. Where a spouse used both his or her separate funds and the funds owned jointly with the other spouse to acquire a property for his or her own personal needs, the court may declare the property so acquired to be joint community property provided the value of the joint community funds used to acquire such property exceeded the value of the separate funds of the spouse so expended.

Article 3.91. Enterprise (farm, business)

Property required for the operation of an enterprise (farm, business) established by one of the spouses after the formation of the marriage as well as the income of the enterprise (farm, business) established by one of the spouses before the formation of the marriage other than the funds required for the operation of the spouse’s personal enterprise (farm, business) shall be joint community property provided that property exists at the moment of divorce.

Article 3.92. Management, use and disposal of joint community property

1. Joint community property shall be used, managed and disposed of by the mutual agreement of the spouses.

2. The consent of the other spouse shall not be required for:

1) the acceptance or rejection of succession to estate;

2) the refusal to enter a contract;

3) urgent measures to protect the community property;

4) bringing an action to protect the joint community property;

5) bringing an action to protect one’s rights related to community property or one’s personal rights unrelated to the interests of the family.

3. When making transactions a spouse shall be presumed to have the consent of the other spouse except in cases where entering into a transaction requires the written consent of the other spouse. In exceptional cases where delay would cause serious damage to the interests of the family while the other spouse is unable to express his or her will because of illness or some other objective reasons, a spouse may enter into a transaction without the consent of the other spouse in accordance with the procedure laid down in Paragraph 2 Article 3.32 hereof.

4. Transactions related to the disposal or encumbrance of a jointly co-owned immovable or the rights to it, also transactions on the alienation of a jointly co-owned enterprise or securities or the encumbrance of the rights to them may be made only by both spouses except where one of the spouses has been given the power of attorney by the other spouse to enter into such a transaction.

5. Each spouse shall have a right to open a bank account in his or her name without the consent of the other spouse and to dispose freely of the funds on the account unless those funds have been made joint community property.

6. Where a transaction has been made without the consent of the other spouse, that other spouse may ratify the transaction within a month of the date when he or she learnt about the transaction. Before its ratification the other party may withdraw from the transaction. If the other spouse does not ratify the transaction within a month, the transaction shall be declared as having been made without the consent of the other spouse. If the other party to the transaction knew that the person with whom it was entering into the transaction was married, it can withdraw from the transaction only if the spouse misrepresented the existence of the other spouse’s consent.

Article 3.93. Consent to enter into a transaction

1. Where a spouse does not give the other spouse consent required to enter into a transaction, the interested spouse may seek leave to enter into the transaction in court.

2. The court shall award leave to enter into a transaction only if the interested spouse can prove that the transaction is necessary to meet the needs of the family or the needs of their jointly co-owned business.

Article 3.94. Power of attorney to manage property

1. A spouse may give a power of attorney to the other spouse to manage, use and dispose of their joint community property.

2. Where one of the spouses is away or cannot participate in the management of the community property for important reasons, the other spouse may apply to the court to be authorised to manage such property alone.

3. If the spouse is negligent or unreasonable in managing joint community property alone, he or she shall be liable for the losses sustained through his or her fault and shall compensate for them against his or her separate property.

4. Management of property shall be governed mutatis mutandis by the rules of Book Four hereof regulating the management of property owned by another person.

Article 3.95. Challenging the competence of managing joint community property

1. Where a spouse is unable to manage community property or does that in a way that incurs losses, the other spouse may apply to have the court remove the spouse from managing the property. The court shall grant the requested removal if the applicant can prove that it is necessary to ensure the needs of the family or those of their joint business.

2. Once the grounds for removal disappear, the removed spouse may request the court to allow him or her to manage the community property again.

Article 3.96. Avoidance of transactions

1. Transactions made without the consent of the other spouse and not ratified by him or her later, may be avoided in an action brought by that spouse within a year of the date when he or she learnt about the transaction provided it is proved that the other party to the transaction was in good faith.

2. Transactions that should have been made with a written consent of the other spouse or could only have been made jointly by both the spouses (Paragraph 4 Article 3.92 hereof) may be declared void irrespective of the other party to the transaction being in good or bad faith except in cases where one or both of the spouses used fraud in making the transaction or made misrepresentations to institutions in charge of public registers or to any other institutions or officials. In such cases the transaction may be declared void only if the other party to the transaction was in bad faith.

Article 3.97. Management of the individual property of a spouse

1. A spouse shall use, manage or dispose of his or her individual property at his or her own discretion. Management, use or disposal of property defined herein as family assets shall be subject to the restrictions laid down in this Book.

2. Where a spouse manages his or her individual property in such a negligent or unreasonable way that it endangers the interests of the family because the property may be lost or substantially reduced, the other spouse shall have a right to seek in court the appointment of an administrator for the management of such property. The court may appoint the applicant to be the administrator.

3. After the circumstances which caused the appointment of an administrator disappear, either spouse may apply to the court to have the appointment of an administrator revoked.

4. A spouse may grant a power of attorney to the other spouse to manage his or her individual property. In such a case the mutual relations of the spouses in property shall be governed by the rules of Book Two hereof on the regulation of legal agency relations.

5. Where a spouse cannot manage alone his or her individual property and contribute to the needs of the household due an illness or any other objective reason, the other spouse shall have a right to use the individual funds and assets of the spouse incapable of managing alone his or her property for the needs of the household. The rule shall not be applied in cases where the spouses are separated or an administrator has been appointed for the individual property of the spouse unable to manage it alone and make a contribution towards meeting the needs of the household.

Article 3.98. Right to compensation

1. Where the value of the joint community property is increased by adding the individual property of one of the spouses, the spouse the addition of whose property has increased the value of the joint community property shall be entitled to compensation against the community property.

2. A spouse shall be entitled to compensation also in cases when his or her individual funds have been used for the acquisition of joint community property.

3. Each of the spouses must compensate for the reduction of the joint community property if he or she has used it for purposes unrelated to the duties referred to in Article 3.109 hereof, except in cases where he or she can prove that the property has been used to satisfy the needs of the family.

4. The compensations referred to in this Article shall be paid when the spouse’s joint co-ownership ends.

Article 3.99. Gifts of the spouses

1. Spouses shall have a right to make gifts of assets to each other in accordance with the rules of Book Six hereof, regulating gift agreements.

2. An agreement on a gift of an immovable shall give rise to legal consequences for the creditors of the donor only if the agreement has been recorded in a public register.

3. The beneficiary spouse shall be liable to the creditors of the donor for the obligations of the donor that existed at the time the gift agreement was made to the extent of the value of the gift. Where the gift is lost through no fault of the beneficiary, his or her liability for the obligations of the donor shall be extinguished.

Article 3.100. Grounds for termination of joint co-ownership of the spouses

Joint co-ownership rights of the spouses shall end on:

1) the death of one of the spouses;

2) presumption of the death of one of the spouses or the judicial declaration of one of the spouses as missing;

3) the declaration of the nullity of the marriage;

4) divorce;

5) separation;

6) the judicial partitioning of the community property;

7) the change of the legal regime of property in accordance with the mutual agreement of the spouses;

8) in other cases laid down by the law.

SECTION THREE

CONTRACTUAL LEGAL REGIME OF PROPERTY OF SPOUSES

Article 3.101. Marriage contract

A marriage contract shall mean an agreement of the spouses defining their property rights and duties during the marriage as well as on divorce or separation.

Article 3.102. Making a marriage contract

1. A marriage contract may be made before the registration of the marriage (pre-nuptial contract) or at any time after the registration of the marriage (post-nuptial contract).

2. A marriage contract made before the registration of the marriage shall come into effect on the day of the registration of the marriage. A post-nuptial contract shall come into force on the date on which it is made unless the agreement stipulates otherwise.

3. A minor may enter into a marriage settlement only after the registration of the marriage.

4. A spouse declared by the court as having limited active capacity may enter into a marriage contract only with a written consent of his or her custodian. If the custodian refuses to give consent, the spouse may apply to the court for leave to enter into a marriage contract.

Article 3.103. The form of a marriage contract

1. A marriage contract must be entered into before the notary public. .

2. A marriage contract as well as its subsequent amendments must be registered in the register of marriage contracts maintained by mortgage institutions in the procedure laid down by the rules of the register. A marriage contract may be amendment only with leave of the court. In no case may the amendments of a marriage contract be retroactive.

3. A marriage contract and its amendments may be used against third parties provided the settlement and its amendments have been registered in the register of marriage contracts. This rule shall not apply if at the time of the transaction the third parties knew of the marriage contract and its amendments.

Article 3.104. Content of a marriage contract

1. Spouses shall have a right to stipulate in the marriage contract that:

1) property acquired both before and during the marriage shall be the individual property of each spouse;

2) individual property acquired by a spouse before the marriage shall become joint community property after the registration of the marriage;

3) property acquired during the marriage shall be joint community property.

2. In their marriage contract the spouses may stipulate that one of the matrimonial legal regimes referred to in Paragraph 1 of his Article shall be applied to their entire property or only to its certain part or to specified chattels.

3. In their marriage contract the spouses may define a matrimonial legal regime both in respect of their existing and future property.

4. A marriage contract may contain the stipulation of rights and duties related to the management of property, mutual maintenance, participation in the provision for family needs and expenses as well as the procedure for partitioning property on divorce and other matters related to the spouse’s mutual relations in property.

5. The rights and duties of the spouses provided for in their marriage contract may be limited in time, or the emergence or termination of rights and duties may be related to the fulfilment or omission of a certain condition stipulated in the marriage contract.

Article 3.105. Nullity of conditions in a marriage contract

Conditions stipulated in a marriage contract shall be null and void if they:

1) contradict the mandatory legislative rules, good morality and public order;

2) change the legal regime in respect of the individual property of one of the spouses or in respect of their joint community property (Articles 3.88 and 3.89) where the matrimonial legal regime the spouses have chosen provides for joint community property;

3) prejudice the principle of equal parts in joint community property enshrined in Article 3.117 hereof;

4) restrict the passive or active legal capacity of the spouses;

5) regulate the personal relations of the spouses unrelated to property;

6) establish or change the personal rights and duties of the spouses towards their children;

7) limit or annul the right of one (or both) of the spouses to maintenance;

8) limit or annul the right of one (or both) of the spouses to bring legal proceedings in court;

9) change the procedure and conditions of succession in property.

Article 3.106. Amendments and termination of a marriage contract

1. A marriage contract may be amended or terminated by the mutual agreement of the spouses at any time in the same form as that laid down for its formation.

2. An amendment to a marriage contract or its termination may be used against third parties provided the amendment or termination of the marriage contract has been registered in the register of marriage contracts settlements. This rule shall not be applied if at the time of the transaction the third parties knew of the amendment or termination of the marriage contract.

3. At the request of one of the spouses a marriage contract may be amended or terminated by the judgement of the court on the grounds provided for in Book Six hereof for the amendment or termination of a marriage contract.

4. The creditors of one or both of the spouses whose rights have been prejudiced by the amendment or termination of the marriage contract may, within a year of becoming aware of the amendment or termination, challenge in court such an amendment or termination and require the restoration of their rights.

Article 3.107. Termination of a marriage contract

A marriage contract shall terminate on divorce or on separation except in respect of the duties which under the agreement remain in force on divorce or separation. The termination of a marriage contract shall be registered in the register of marriage contracts.

Article 3.108. Nullity of a marriage contract

1. In addition to the grounds provided for in Article 3.105 hereof, a marriage contract may be declared null and void, wholly or in part, on the grounds for the nullity of transactions provided for in Book One hereof.

2. The court may declare a marriage contract null and void at the request of one of the spouses if the agreement is in serious breach of the principle of equality or is especially unfavourable for one of the spouses.

3. The creditors of one or both of the spouses shall have a right to demand that the agreement be declared null and void because it is fictitious.

CHAPTER VII

CIVIL LIABILITY OF SPOUSES FOR OBLIGATIONS IN PROPERTY

Article 3.109. Obligations discharged from community property

1. The following obligations shall be discharged from the community property of spouses:

1) obligations related to the encumbrances of property acquired in co-ownership that existed at the time of acquisition or were created later;

2) obligations related to the costs of managing community property;

3) obligations related to the maintenance of the household;

4) obligations related to legal expenses where the action is related to community property or the interests of the family;

5) obligations arising from transactions made by one of the spouses with the consent of the other spouse or ratified by the latter subsequently as well as obligations arising from transactions for which no consent of the other spouse was required provided that the transactions were made in the interests of the family;

6) joint and several obligations of the spouses.

2. Either spouse shall have a right to enter into transactions necessary to maintain the family and to secure the upbringing and education of the children. Both spouses shall be jointly and severally liable for the obligations arising from such transactions whatever their matrimonial regime may be except in cases where the price of the transactions is clearly too high and unreasonable.

3. Joint and several liability of the spouses shall not be created where one of the spouses takes a loan or acquires goods under credit purchase, which is not necessary for the needs of the family, without the consent of the other spouse.

4. In creating and discharging obligations related to the needs of the family the spouses shall be as prudent and careful as in creating and discharging their own personal obligations.

Article 3.110. Liability of spouses for obligations created before the registration of marriage

1. Community property may not be used to discharge the obligations of spouses created before the registration of marriage except those charged against the relevant spouse’s share in community property.

2. The claims of the spouses’ common creditors to be discharged from community property shall take precedence over the claims of the separate creditors of each spouse. This rule shall not apply to mortgage creditors.

Article 3.111. Obligations arising from gift agreements or succession

Where one of the spouses receives a gift or comes into inheritance, the obligations arising therefrom may not be paid from community property unless the gift or the inheritance has been received as community property.

Article 3.112. Liability for the obligations of one of the spouses

1. Claims arising from the transactions made after the registration of marriage by one of the spouses without the consent of the other spouse may be discharged from community property if the individual property of the spouse is not sufficient to meet the claims of the creditors.

2. Legal expenses shall be discharged from the individual property of a spouse if the lawsuit is not related to community property or the interests of the family.

Article 3.113. Enforcement against the individual property of spouses

Where the community property is not sufficient to meet the joint and several claims of creditors, the claims shall be discharged met from the individual property of the spouses.

Article 3.114. Separation of the liability of spouses

1. If the marriage contract stipulates that property acquired both before and during marriage is to be treated as the individual property of one and the other spouse, the spouses shall be liable for their obligations only by their individual properties. In such cases the spouses shall be jointly and severally liable for their joint obligations and the obligations in the interests of the family.

2. Spouses shall not be held to be each other’s guarantors or surety in obligations arising in the management or disposal of property that is an individual property of one and the other spouse.

Article 3.115. Entitlement to compensation

1. The spouse whose fines for breaches of law or damages incurred through his or her actions have been paid from the joint community property shall be obliged to compensate for the reduction of the joint community property.

2. If a transaction was made to meet the personal needs of only one of the spouses by using joint community property, that spouse shall be obliged to compensate for the reduction of the joint community property.

CHAPTER VIII

DIVISION OF JOINT COMMUNITY PROPERTY

Article 3.116. Ways of division

1. On the application of one of the spouses or their creditors, joint community property may be divided by the mutual agreement of the spouses or by a court judgement during marriage and on divorce or separation.

2. The rules of this Chapter shall be applicable where the spouses have not made a marriage contract.

Article 3.117. Shares of the spouses in joint community property

1. The shares of the spouses in joint community property shall be presumed to be equal.

2. Departure from the principle of the equality of the shares of the spouses in joint community property shall be permitted only in cases provided for herein.

3. Where the value of the property awarded by the court to one of the spouses is greater than his or her share in the joint community property, that spouse shall be obliged to pay a compensation to the other spouse. Upon the presentation of an adequate security for this liability, the court may defer the payment of the compensation for no longer than two years.

4. On the death of one of the spouses, his or her share in the joint community property shall be inherited according to the rules of Book Five hereof.

Article 3.118. Balance of property

1. Before partitioning the joint community property of the spouses, first the community property and the respective individual property of the spouses shall be established.

2. The community property shall first be used to pay (award) the debts that have fallen due and are payable from this property. Where the time limit for meeting the liabilities from the community property has not expired or the liabilities are disputed, the value of the community property to be partitioned shall be reduced by the amount of these liabilities (debts).

3. After establishing the individual property of the spouses and deducing their personal debts from it, a balance sheet of compensations shall be drawn up indicating the amounts one or the other spouse must pay by way of compensating for the community property or receive from the community property.

4. Where the balance of community property is positive it is divided equally between the spouses, except in cases provided for herein.

Article 3.119. Assessment of the value of property

The value of the community property to be partitioned shall be established at its market value on the date of the termination of the joint community property of the spouses.

Article 3.120. Property not to be partitioned

1. Property to be partitioned shall not include chattels intended for the needs of the minor children of the marriage or the spouses’ clothing, personal effects, personal property interests and non-property rights related only to that particular spouse.

2. Property intended to meet the needs of the minor children referred to in Paragraph 1 shall go, without deducing any compensations, to the spouse with whom the minor children are to live, while the remaining part of the property of personal nature goes to one and the other spouse.

Article 3.121. Attribution of individual property to joint community property

1. By the mutual consent of the spouses, property defined as the individual property of the spouses in the marriage contract may be attributed to the joint community property subject to partitioning.

2. Arrangements referred to in Paragraph 1 shall be prohibited if they can cause damage to the creditors of the spouse. Where due to such arrangements the claims of the creditor cannot be fully covered from the individual property of a spouse, the debt shall be charged against the spouse’s share in the community property.

Article 3.122. Security for the claims to a share in the community property

At the request of one of the spouses or a spouse’s creditors, the court may seize the joint community property of the spouses or to appoint an administrator for the property if that is necessary to protect the interests of the spouses in the community property or the rights of their creditors. These measures shall not be applicable where the other spouse submits an adequate security for the claims of the spouse requesting the seizure of the property or the appointment of an administrator or for the claims of the creditors.

Article 3.123. Departure from the principle of the equality of the shares of the spouses in the community property

1. Having regard to the interests of the minor children, the health state or the financial position of one of the spouses or other important circumstances, the court may depart from the principle of the equality of the spouse’s shares in the community property and award one of the spouses a greater portion of the property. These criteria must also be taken into consideration by the court in deciding on the way of partitioning community property.

2. The share of the spouse obliged to make maintenance payments to the other spouse may be reduced by the amount of the maintenance if it is to be paid by a lump sum or certain property given in payment.

3. Where, less than a year before the institution of the action for the partitioning of the property, one of the spouses reduced the value of the community property without the consent of the other spouse by donating some of it or by using it to increase his or her own individual property, the portion of this spouse in the community property may be reduced while establishing the respective portions of the spouses in the community property by the value of the lost community property.

4. The share of one of the spouses in the community property may also be reduced by the amount of income unrealised due to the spouse’s negligence or because he or she concealed the income from the family and used it for his or her personal needs. The period for which such unrealised income is calculated should not exceed five years before the institution of the lawsuit for the division of property.

Article 3.124. Division of property by the court judgement without divorce

Where one of the spouses has been declared incapable or of limited active capacity or where one of the spouses manages community property in a loss-making way or by his or her actions jeopardises the joint community property of the spouses or the interests of the family or without any justified reason fails to contribute to the needs of the family, the other spouse shall have a right to bring an action seeking a division of the property.

Article 3.125. Registration of division of property

The agreement of the parties or the judgement of the court under which the joint community property of the spouses is divided must be registered with the mortgage office that has registered the marriage contract or the division of property by making a relevant entry in the register of marriage contracts.

Article 3.126. Guarantees of the rights of the creditors

1. The creditors of one or both of the spouses shall have a right to participate as third parties in the lawsuit for the division of joint community property and present their own individual claims.

2. In his or her application the spouse who institutes proceedings for the division of property must indicate the creditors of one or both of the spouses he or she is aware of and notify the creditors of the institution of proceedings by sending them a copy of the application.

Article 3.127. Property to be divided

1. The court shall divide the property the spouses acquired as joint community property before the institution of the proceedings or before the day the court hands down its judgement.

2. On the application of one of the spouses the court may decide to divide only the property acquired before the separation of the spouses.

3. If possible, the property is divided in kind having regard to its value and the share of each spouse in the community property. If the property cannot be divided in kind, it is awarded in kind to one of the spouses, who is ordered to compensate for the other spouse’s share in money. The decision on the way the property is to be divided and the actual division of property in kind is taken having regard to the interests of the minor children, the state of health and the financial situation of one of the spouses as well as to other important circumstances.

Article 3.128. Mutual obligations of spouses after the division of property without divorce

1. The spouse on whose application the property has been divided must, to the extent of his or her possibilities, contribute to the maintenance of the household and the upbringing and education of the children.

2. Where for objective reasons the other spouse cannot contribute to the maintenance of the household or the upbringing and education of the children, all such expenses must be covered by the spouse on whose application the property has been divided.

3. When dividing the property, the court may award an amount of money from one spouse to the other to be used for the repayment of the outstanding debts of the marriage to the third parties.

Article 3.129. Limitations

Claims for the division of joint community property, except for immovables, may be made within five years of the date of the separation of the spouses.

PART IV

MUTUAL RIGHTS AND DUTIES OF CHILDREN AND PARENTS

CHAPTER IX

CONSANGUINITY AND AFFINITY

Article 3.130. Concept of consanguinity

1. Consanguinity is relationship by blood of persons descended from the same stock or common ancestor.

2. Consanguinity shall give rise to legal consequences only in cases provided for by the law.

3. Relationship between adopted children (and their descendants) and their adoptive parents (and their kindred) shall be treated as consanguinity.

Article 3.131. Lines of consanguinity

Two lines of consanguinity – direct and collateral consanguinity – shall be distinguished.

Article 3.132. Direct consanguinity

1. Direct consanguinity is that which subsists between the ancestor and the descendants in the direct line from one of the other (great-grandparents, grandparents, parents, children, grandchildren, great-grandchildren, etc.)

2. Consanguinity upward from the descendant to the ancestor is the direct ascending line (grandchildren, children, parents, grandparents, etc.)

3. Consanguinity downward from the ancestor to the descendant is the direct descending line (grandparents, parents, children, grandchildren, etc.)

Article 3.133. Collateral consanguinity

Collateral consanguinity is that which subsists between persons who have the same ancestors, but who do not descend one from the other (siblings, cousins, uncles or aunts, nephews and nieces, etc.)

Article 3.134. Degree of consanguinity

1. A degree of relationship is measured by the number of related births other than the birth of the ancestor (ancestors).

2. Only the degrees of relationship laid down by the law shall give rise to legal consequences.

Article 3.135. Close relatives

Close relatives shall embrace persons related by direct consanguinity up to the second degree of consanguinity inclusively (parents and children, grandparents and grandchildren) and persons related in the second degree of kinship by collateral consanguinity (siblings).

Article 3.136. Affinity

1. Affinity is the connection, in consequence of a marriage, between one of the spouses and the kindred of the other spouse (stepson, stepdaughter, stepfather, stepmother, father-in-law, mother-in-law, daughter-in-law, etc.) as well as between the kindred of both spouses (the husband’s brother or sister and the wife’s brother or sister, the husband’s father and mother and the wife’s father or mother, etc.)

2. Affinity shall give rise to legal consequences only in cases provided for by the law.

CHAPTER X

FILIATION

SECTION ONE

GENERAL BASIS FOR FILIATION

Article 3.137. Legitimate filiation of a Child

1. Legitimate filiation of a child shall be confirmed in the procedure laid down in Articles 3.138 to 3.140 hereof.

2. The mutual rights and duties of the child and his or her parents shall be based on the legitimate filiation of the child.

3. A child’s legitimate filiation from the parents shall be confirmed from the date of birth and shall create the respective rights and duties laid down by the law from that date.

Article 3.138. Proof of legitimate filiation

The parents of a child shall be proved by the record of birth in the Registrar’s Office and by the certificate of birth issued on the basis thereof.

Article 3.139. Maternal affiliation

1. A woman shall be entered as a child’s mother in the records of a Registrar’s Office on the basis of the certificate of the child’s birth issued by a hospital.

2. Where the child is born not in a hospital, the certificate of the child’s birth shall be issued by a medical centre that makes a postnatal examination of the mother’s and the baby’s health.

3. If the child is born not in a hospital and no postnatal examination of the mother’s and the baby’s health is made, the certificate of the child’s birth shall be issued by a consulting commission of doctors in the procedure laid down by the Government. According to such a certificate the mother of the baby is the woman in respect of whom the consulting commission of doctors have no doubt that it was she who gave birth to the baby.

4. If the record of the child’s birth contains no data on the child’s mother or if the maternity of the child has been successfully contested, the child’s mother may be established by the court in an action filed by the woman who considers herself to be the child’s mother, by the adult child, by the child’s father or guardian (curator) or by the state institution for the protection of the child’s rights.

Article 3.140. Paternal affiliation

1. Where a married woman gives birth to a baby, although the baby may have been conceived before the marriage, the man identified as the spouse of the baby’s mother in the marriage record or the marriage certificate issued on the basis thereof shall be identified as the baby’s father in the record of the baby’s birth.

2. Where a child is born within three hundred days of the date of separation or the annulment of the marriage or divorce or the death of the husband, the ex-spouse of the mother shall be recognised as the child’s father.

3. Where a mother who contracted a new marriage within less than three hundred days of the dissolution of her previous marriage gives birth to a baby, the new spouse of the mother shall be considered to be the baby’s father.

4. Where an unmarried woman gives birth to a baby after more than three hundred days have elapsed from the dissolution of her previous marriage, the man who has acknowledged his paternity in the procedure established in this Book or whose paternity has been established by a judicial judgement may be identified as the baby’s father in the record of the baby’s birth.

5. Where a divorced mother gives birth to a baby within less than three hundred days of the divorce, the baby’s mother, her ex-husband and the man who acknowledges his paternity of the child shall have a right to file a joint application seeking that the man who acknowledges his paternity of the child be identified as the baby’s father. After the court approves such a joint application, the man who acknowledges his paternity of the child rather than the ex-husband of the baby’s mother shall be entered in the record as the baby’s father.

SECTION TWO

ACKNOWLEDGEMENT OF PATERNITY

Article 3.141. Conditions for the acknowledgement of paternity

1. Where the record of the baby’s birth contains no data on the baby’s father, the paternity of the baby may be determined on the basis of the application of the man who considers himself father of the baby.

2. Where a baby is born to a married mother or the baby is born within less than three hundred days of the dissolution of the marriage, the paternity of the baby may be determined on the basis of an application provided the paternity of the present or former spouse of the mother has been successfully contested.

3. If the adjudication of paternity on the basis of an application acknowledging paternity has been contested, determination of paternity on another application acknowledging paternity is inadmissible.

4. There shall be no period of limitation applicable to acknowledgement of paternity.

Article 3.142. Procedure for acknowledging paternity

1. The man considering himself the father of a child shall have a right to file an application of a standard form certified by a notary public with the Registrar’s Office seeking to be recognised as the father of the child.

2. Where the child has attained the age of 10, the Registrar’s Office may accept an application for the recognition of the child’s paternity only with a written consent of the child.

3. Where the man acknowledging his paternity of a child is a minor, the filing of an application for the recognition of paternity with the Registrar’s Office requires the written consent of the minor’s parents, guardians or curators or care institutions. If the parents, guardians or curators or care institutions refuse to give their consent, such a leave may be handed down by the court at the minor’s request.

Article 3.143. Acknowledging paternity before the child’s birth

1. If there are circumstances that will bar the filing of an application acknowledging the paternity of a child after the birth of the baby, the man considering himself the father of the child conceived but not yet born may file a joint application with the child’s mother for the recognition of his paternity for the period of pregnancy with the Registrar’s Office of the district where the child’s mother resides.

2. The application acknowledging the paternity of a child before the child’s birth shall be accompanied with the certificate of pregnancy issued by a medical centre.

3. Where before the child’s birth the child’s mother marries the man who has filed an application acknowledging his paternity of the child, or another man, the paternity of the child may not be confirmed after the birth of the child on the basis of that application.

4. Where the child’s mother or the man who has filed an application acknowledging the paternity of the child before the birth of the child withdraws the application before the birth of the child has been recorded with the Registrar’s Office, the child’s paternity on the basis of that application shall not be registered.

Article 3.144. Acknowledging paternity without the consent of the child’s mother

1. Where the child’s mother is dead, incompetent or cannot, for other reasons, file a joint application with the child’s father for the recognition of his paternity, or the parents or guardian (curator) of the man who considers himself the father of the child, but who is a minor or of limited legal competence, refuse to recognise his paternity or the child of 10 or over does not give his or her written consent, the application acknowledging paternity may be considered a valid basis for the registration of paternity if the court approves the application.

2. In examining an application acknowledging paternity where the child’s mother is dead, incompetent or cannot, for other reasons, file a joint application with the man acknowledging to be the child’s father, the court must require that the child’s father adduce evidence corroborating his paternity of the child.

3. The application acknowledging the paternity of a child may not be registered without the consent of the child who is of full age.

Article 3.145. Examination of the application for the approval of the acknowledgement of paternity

1. The court shall examine applications for the approval of the acknowledgement of paternity in a simplified procedure.

2. The res judicata judgement on the approval of the application acknowledging a child’s paternity shall be sent to the Registrar’s Office that has registered the birth of the child within three business days.

3. Where the application for the approval of the acknowledgement of a child’s paternity is contested by the parents or guardians (curators) of the minor or the person of limited legal capacity who considers himself the father of the child, the application shall be submitted to the court to be examined by contentious proceedings

SECTION THREE

PATERNITY AFFILIATION

Article 3.146. Conditions for paternity affiliation

1. Where the child is born out of wedlock, and in the absence of paternal acknowledgement, paternity affiliation may be determined by the court.

2. Where a child is born to a married woman or the child’s paternity has been ascertained on the basis of an application acknowledging the child’s paternity, paternity affiliation is possible only after a successful contesting of the data concerning the child’s father contained in the record of the child’s birth.

3. The paternity of a dead person may be ascertained only if the person had offspring.

Article 3.147. Persons entitled to petition for Paternity Affiliation

1. Where a child is born out of wedlock or the data on the father contained in the record of the child’s birth have been successfully contested, an action for the paternity affiliation may be filed by the man considering himself the father of the child. The child and the child’s mother shall act as defendants in such an action.

2. If a child’s father refuses to acknowledge his paternity by an application for the approval of his acknowledgement of the child’s paternity or if a child’s father is dead, the action for paternity affiliation may be filed by the child’s mother or the child after having attained full active capacity or the child’s guardian or curator or the state institution for the protection of the child’s rights or the descendants of a child who is dead.

3. Having determined a child’s paternity, the court shall send its res judicata judgement to the Registrar’s Office that has registered the child’s birth within three business days.

Article 3.148. Grounds for paternity affiliation

1. Grounds for paternity affiliation shall be scientific evidence (conclusions of expert examinations on consanguinity determination) and other means of proof provided for in the Code of Civil Procedure. If the parties refuse to undergo expert examination, the child’s paternity may be adjudicated on the basis of facts that have a sufficient evidential value, such as the child’s mother’s and the putative father’s life together, their joint participation in the upbringing and maintenance of the child and other evidence.

2. If the defendant refuses expert examination, the court having regard to the circumstances of the case may treat such a refusal as proof of the defendant’s paternity of the child.

SECTION FOUR

CONTESTING PATERNITY (MATERNITY)

Article 3.149. Conditions for contesting paternity (maternity)

1. Data on the mother or father of a child contained in the record of the child’s birth may be contested only in court.

2. Data on the mother or father of a child entered in the record of the child’s birth on the basis of a res judicata judicial decision may not be contested.

Article 3.150. Grounds for contesting paternity (maternity)

1. The paternity of a child born to a married couple or within three hundred days of the dissolution of marriage may be contested only by proving that the person cannot be the father of the child.

2. The maternity or paternity of a child adjudicated on the basis of an application acknowledging parentage may be contested by proving that the child’s mother or father not the biological parent of the child.

Article 3.151. Persons entitled to file an action for contesting paternity (maternity)

1. Actions for contesting paternity or maternity may be filed by the person entered in the record of the child’s birth as the child’s mother or father, or the person who, although not recorded as the child’s mother or father in the record of the child’s birth, considers himself the mother or the father of the child, or the parents or guardians (curators) of the minor entered in the record of the child’s birth as the child’s father, or the child on attaining majority, or a minor on attaining full active capacity.

2. Where the child’s mother or father is legally incapable or of limited active capacity, an action for contesting maternity or paternity may be filed by his or her guardians or curators.

3. An action for contesting the paternity of a man who is dead may be filed by his descendants if the person recorded as the child’s father died within the limitation period provided for in Article 3.152 hereof.

Article 3.152. Limitation period for proceedings

1. The limitation period for filing a suit for contesting paternity (maternity) shall be one year as from the day when the plaintiff became aware of the disputed data in the record of the child’s birth or of certain circumstances giving reason to believe that the data are not truthful.

2. Where the persons recorded in the record of the child’s birth as a child’s mother or father became aware of such a record at the time when they were minors or legally incapable, the one-year limit shall be calculated from the day they attained majority or full active capacity..

3. The res judicata court judgement on the annulment of paternity (maternity) shall be sent to the Registrar’s Office that registered the child’s birth within three business days of its effective date.

Article 3.153. Mandatory participation of the agency for the protection of the child’s rights

In adjudicating paternity or disputes over paternity the participation of the agency for the protection of the child’s rights shall be mandatory.

SECTION FIVE

ARTIFICIAL INSEMINATION

Article 3.154. Legal regulation of artificial insemination

The conditions, mode, procedures of artificial insemination as well as matters related to the paternity (maternity) of a child born from artificial insemination shall be regulated by other laws.

CHAPTER XI

PARENTAL RIGHTS AND DUTIES IN RESPECT OF THEIR CHILDREN

SECTION ONE

PARENTAL AUTHORITY

Article 3.155. Substance of paternal authority

1. Until they attain majority or emancipation, children shall be cared for by their parents.

2. Parents shall have a right and a duty to properly educate and bring up their children, care for their health and, having regard to their physical and mental state, to create favourable conditions for their full and harmonious development so that the child should be ready for an independent life in society.

Article 3.156. Equality of paternal authority

1. The father and the mother shall have equal rights and duties in respect of their children.

2. Parents shall have equal rights and duties by their children irrespective of whether the child was born to a married or unmarried couple, after divorce or judicial nullity of the marriage or separation.

Article 3.157. Representation of children

1. Legally incapable children shall be represented by their parents under the law, except where the parents have been declared legally incapable by a court judgement.

2. Parents shall represent their children on the presentation of the child’s birth certificate.

Article 3.158. Authority of minor-aged parents

1. Minor parents with full active capacity shall have all personal rights and duties in respect of their children.

2. Minor parents who are legally incapable or of limited active capacity shall have a right to live to together with their child and participate in the child’s education. In such cases a guardian (curator) shall be appointed to the child in the procedure provided for in this Book hereof.

3. On attaining majority or full active capacity, the parents shall acquire all the rights and duties in respect of their children.

Article 3.159. Mandatory exercise of parental authority

1. A father’s or mother’s surrender of the rights and duties by his or her underage children shall be null and void.

2. Parents shall be jointly and severally responsible for the care and education of their children.

3. Parental authority may not be used contrary to the interests of the child.

4. Failure to exercise parental authority shall be subject to legal responsibility under the law.

Article 3.160. End of parental authority

1. Parental rights and duties shall end when the child attains majority or full active capacity.

2. In certain cases considered in the light of the child’s interests, parental authority may be limited on a temporary or permanent basis or the child may be separated from the parents in the procedure laid down in this Book hereof.

SECTION TWO

CHILDREN’S RIGHTS AND DUTIES

Article 3.161. Children’s rights

1. Every child shall have an inalienable right to life, healthy development and a name and surname from birth.

2. A child shall have a right to know his or her parents unless that prejudices his or her interests or the law provides for otherwise.

3. A child shall have a right to live with his or her parents, be brought up and cared for in his or her parents’ family, have contact with his or her parents no matter whether the parents live together or separately, have contact with his or her relatives, unless that is prejudicial to the child’s interests.

4. Children shall have no ownership rights to the property of their parents and the parents shall have no ownership rights to the property of their children. Children’s property rights are defined in this and the other Books hereof.

5. Children born within or outside marriage shall have equal rights.

6. Children’s rights shall not be affected by their parents’ divorce, separation or nullity of marriage.

Article 3.162. Children’s duties

Children shall owe respect to their parents and perform their duties by their parents diligently.

Article 3.163. Assurance of children’s rights

1. The rights of minor-aged children shall be assured by the parents.

2. The rights of children deprived of parental care shall be assured by the guardian (curator) according to the rules laid down in this Book.

3. After a minor attains full active capacity, the protection of his or her rights shall be his or her own responsibility.

4. If the parents or guardians (curators) abuse their children’s rights, measures to defend the children’s rights may be taken by the state institution for the protection of the child’s rights or a prosecutor.

Article 3.164. Involvement of a minor in the assurance of his or her rights

1. In considering any question related to a child, the child, if capable of formulating his or her views, must be heard directly or, where that is impossible, through a representative. Any decisions on such a question must be taken with regard to the child’s wishes unless they are contrary to the child’s interests. In making a decision on the appointment of a child’s guardian (curator) or on a child’s adoption, the child’s wishes shall be given paramount consideration.

2. If a child considers that his or her parents abuse his or her rights, the child shall have a right to apply to a state institution for the protection of the child’s rights or, on attaining the age of 14, to bring the matter before the court.

SECTION THREE

PERSONAL PARENTAL RIGHTS AND DUTIES

Article 3.165. Substance of personal parental rights and duties

1. Parents shall have a right and duty to bring up their children; they shall be responsible for their children’s education and development, their health and spiritual and moral guidance. In performing these duties, parents shall have a priority right over the rights of other persons.

2. Parents must create conditions for their children to learn during their compulsory school age.

3. All questions related to the education of their children parents shall decide by mutual agreement. In the event of the lack of agreement, the disputed matter shall be resolved by the court.

Article 3.166. Giving a child a name

1. Every child shall be given a name by his or her parents.

2. A child may be given two names.

3. A child shall be given a name by the mutual agreement of the parents. Where the child’s mother and father cannot agree on the name, the child shall be given a name by a judicial order.

4. While registering the birth of a child whose parents’ identity is not known, the child shall be given a name by the state institution for the protection of the child’s rights.

Article 3.167. Giving a child a surname

1. Every child shall be given his or her parents’ surname.

2. Where the surnames of the child’s parents are different, the child shall be given the mother’s or the father’s surname by the mutual agreement of the parents. If the parents cannot agree, the child shall be given the surname of one of the parents by a judicial order.

3. While registering the birth of a child whose parents’ identity is not known, the child shall be given a surname by the state institution for the protection of the child’s rights.

4. The grounds and procedures for changing a child’s name or surname shall be subject to the Rules of the Registration of Civil Status approved by the Minister of Justice.

Article 3.168. A child’s residence

1. An underage child’s residence shall be determined in accordance with the rules of Book Two hereof.

2. A child may not be separated from his or her parents against his or her will, except in cases provided for in this Book.

3. Parents shall have a right to demand the return of their children from any person who keeps them against the law or a court judgement.

Article 3.169. A child’s residence where the parents are separated

1. Where the parents are separated, the child’s residence shall be decided by the mutual agreement of the parents.

2. In the event of a dispute over the child’s residence, the child’s residence shall be determined by a residence order awarded by the court in favour of one of the parents.

3. If the circumstances change or if the parent with whom the child was to live lets the other parent live with and bring up the child, the other parent may file a second suit for the determination of the child’s residence.

Article 3.170. The right of the separated parent to have contact with the child and be involved in the child’s education

1. The father or the mother who lives separately from the child shall have a right to have contact with the child and be involved in the child’s education.

2. A child whose parents are separated shall have a right to have constant and direct contact with both the parents irrespective of their residence.

3. The father or the mother with whom the child resides may not interfere with the other parent’s contacts with the child or involvement in the child’s education.

4. Where the parents cannot agree as to the involvement of the separated father or mother in the education of and association with the child, the procedure of the separated parent’s association with the child and involvement in the child’s education shall be determined by the court.

5. The separated father or mother shall have a right to receive information about the child from all the institutions and authorities concerned with the child’s education, training, health care, protection of the child’s rights, etc. Such information may be denied only in cases where the child’s life or health is imperilled by the mother or the father and in cases provided for by the law.

6. The refusal of authorities, organisations, institutions or natural persons to provide information to the parents about their children may be brought before the court.

Article 3.171. Contact with the child and involvement in the child’s education in special circumstances

Parents shall maintain contact and be involved in the education of the child who is placed in a special situation (detention, arrest, imprisonment, in-patient clinic, etc.) in the procedure laid down by the law.

Article 3.172. Contact of other relatives with the child

Parents (or guardians (curators) if there are no parents) shall be obliged to create conditions for the children to associate with their next of kin provided that it is consistent with the children’s interests.

SECTION FOUR

DISPUTES OVER CHILDREN

Article 3.173. Disputes over the name or surname of the child

1. If a child’s parents cannot agree on a name or surname to be given to the child, the child’s father, mother or the parents (guardians, curators) of the child’s legally incapable minor-aged parents shall have a right to petition to the court for an order giving the child a name or a surname.

2. The court shall deal with a petition for an order giving a child a name or a surname in the simplified procedure and, having heard the parents or having received their written explanations, shall hand down such an order.

Article 3.174. Disputes over a child’s residence

1. Petitions for the determination of a child’s residence may be filed by the child’s father, mother, also by the parents or guardians (curators) of the child’s minor-aged parents of limited active capacity.

2. The court shall resolve the dispute having regard to the interests of the child and the child’s wishes. The child’s wishes may be disregarded only if they are contrary to the best interests of the child.

Article 3.175. Disputes of separated parents over contact with the child or involvement in the education of the child

1. Petitions for contact or involvement in the child’s education orders may be filed by the child’s father, mother or the parents (guardians, curators) of the child’s legally incapable minor-aged parents.

2. The court shall determine the procedure for the separated parent’s contact with the child by taking into consideration the child’s interests and by creating a possibility for the separated parent to be involved in the education of the child to the greatest extent possible. Minimal contact with the child may be ordered only in cases where constant maximal contact is prejudicial to the child’s interests.

Article 3.176. Disputes over the child’s contact with his or her close relatives

1. If the parents refuse to create conditions for their children to have contact with their close relatives, the state institution for the protection of the child’s rights shall obligate the parents to create such conditions.

2. The state institution for the protection of the child’s rights may refuse to obligate the parents to create conditions for their child’s contact with his or her next of kin if such contact is contrary to the child’s interests.

3. If the parents fail to comply with the obligation of the institution for the protection of the child’s rights or the child’s next of kin do not agree with the decision of the state institution for the protection of the child’s rights refusing to oblige the child’s parents to create conditions for their contact with the child, the child’s next of kin may bring the matter before the court.

4. The court having regard to the child’s interests may oblige the parents to create conditions for their child’s contact with the close relatives provided it is not contrary to the child’s interests.

Article 3.177. The child’s right to express his or her views

When adjudicating on disputes over children, the court must hear the child capable of expressing his or her views and ascertain the wishes of the child.

Article 3.178. Mandatory participation of the state institution for the protection of the child’s rights

1. The state institution for the protection of the child’s rights must participate in the examination of disputes over children.

2. Having investigated the conditions in the family environment, the state institution for the protection of the child’s rights shall present its opinion to the court. In adjudicating the dispute, the court shall take into consideration not only the opinion, but also the wishes of the child and the evidence adduced by the other parties.

SECTION FIVE

RESTRICTION OF PARENTAL AUTHORITY

Article 3.179. Separation of parents and children

1. Where the parents (the father or the mother) do not live together with the child for objective reasons (illness, etc.) and the court has to decide where the child is to live, the court may decide to separate the child from the parents (the father or the mother). Where only one of the parents is affected by unfavourable circumstances while the other parent can live and bring up the child, the child shall be separated only from that parent.

2. The child separated from the parents shall retain all the personal and property rights and duties based on consanguinity.

3. When a child is separated from the parents (the father or the mother), the parents lose their right to live together with the child or demand the return of the child from other persons. The parents may exercise their other rights in so far as that is possible without living together with the child.

Article 3.180. Conditions, methods and consequences of the restriction of parental authority

1. Where the parents (the father or the mother) fail in their duties to bring up their children or abuse their parental authority or treat their children cruelly or produce a harmful effect on their children by their immoral behaviour or do not care for their children, the court may make a judgement for a temporary or unlimited restriction of parental power (that of the father or the mother.)

2. The court shall make judgements for temporary or unlimited indefinite restriction of parental authority (that of the father or the mother) by having regard to the circumstances of the case that require a restriction of parental authority. Parental authority may be restricted unlimitedly only where the court makes the conclusion that the parents (the father or the mother) do very great harm to the development of the child or do not care for the child and no change in the situation is forthcoming.

3. Temporary or unlimited restriction of parental authority involves the suspension of the personal and property rights of the parents based on consanguinity and under the law. The parents, however, shall retain the right of visitation, except where that is contrary to the child’s interests. Where parental authority is restricted unlimitedly, the child may be adopted without the consent of the parents.

4. Restriction of parental authority shall extend only to the children and to the parent in respect of whom the court has made the judgement.

Article 3.181. Cancellation of the restriction of parental authority or the replacement of the kind of limitation with another kind of limitation

1. The separation of a child from the parents (the father or the mother) may be revoked after the disappearance of the circumstances that caused the order for separation.

2. A temporary or unlimited restriction of parental authority may be revoked on the proof that the parents (the father or the mother) have changed their conduct and can bring up their child and if the cancellation of the restriction is not contrary to the interests of the child.

3. Where the circumstances have changed, but the grounds for a complete cancellation of the unlimited restriction of parental authority are insufficient, the indefinite limitation of parental authority may be replaced with a temporary restriction of parental authority.

4. If it transpires that the circumstances why the child may not live together with the parents remain after the cancellation of the temporary or unlimited restriction of parental authority, the temporary or unlimited restriction of parental authority may be replaced with an order for the separation of the child from the parents.

5. Where the parents (the father or the mother) separated from their children exercise their parental authority contrary to the interests of the children, their parental authority may be subject to temporary or unlimited restriction.

6. Restriction of parental authority may be revoked only if the child has not been adopted.

Article 3.182. Persons entitled to seek restriction of parental authority or the cancellation of the limitation of parental authority

1. An application for the separation of a child from the parents (the father or the mother) may be filed by the child’s parents or close relatives or the state institution for the protection of the child’s rights or a public prosecutor.

2. An action for a temporary or unlimited restriction of parental authority may be brought by one of the parents or close relatives or the state institution for the protection of the child’s rights or a public prosecutor or the guardian (curator) of the child.

3. An action for the cancellation of the restriction of parental authority may be brought by the parents (the father or the mother) to whose parental authority the restriction has been applied.

4. An application for the cancellation of the order on the separation of the child from the parents (the father or the mother) may be filed by the parents or one of the parents, or the guardian (curator) or close relatives of the child or the state institution for the protection of the child’s rights or a public prosecutor.

Article 3.183. Examination of application for the restriction of parental authority

1. Applications for the separation of children from the parents shall be examined in a simplified procedure. If it transpires that there is a ground for temporary or unlimited restriction of parental authority, the application shall be referred to the court to be adjudicated in contentious proceedings.

2. In examining actions for the restriction of parental authority or applications for the separation of a child from the parents referred to it for adjudication in contentious proceedings, the court shall not be bound by the subject matter of the action and shall pass a judgement by taking account of the situation in hand and the interests of the child.

3. The court shall hear the child capable of expressing his or her views and take such views into account.

4. Having made a judgement to restrict parental authority, the court shall simultaneously place the child under guardianship (curatorship) and determine the residence of the child by the same judgement.

Article 3.184. Mandatory participation of the state institution for the protection of the child’s rights

1. The state institution for the protection of the child’s rights must participate in the examination of cases for the restriction of parental authority.

2. Having investigated the conditions of the family, the state institution for the protection of the child’s rights shall present its opinion to the court. The court shall take the opinion into consideration together with the evidence adduced in the case.

CHAPTER XII

MUTUAL PROPERTY RIGHTS AND DUTIES OF PARENTS AND CHILDREN

SECTION ONE

PARENTAL RIGHTS AND DUTIES RELATED TO THE PROPERTY OWNED BY THE CHILDREN

Article 3.185 Management of the property owned by underage children

1. Property owned by underage children shall be managed by the parents under right of usufruct. The parents’ right of usufruct may not be pledged or sold or assigned or encumbered in any way, no execution may be made against it.

2. Parents shall manage the property that belongs to their underage child by mutual agreement. In the event of a dispute over the management of the child’s property, either parent may petition for a judicial order establishing the procedure for the management of the property.

3. Where the parents, or one of the parents, cause harm to the child’s interests by mismanaging their underage child’s property, the state institution for the protection of the child’s rights or a public prosecutor may apply to the court for the removal of the parents from the management of the property that belongs to their underage child. Where warranted, the court shall remove the parents from the management of their underage child’s property, revoke their right of usufruct to the child’s property and appoint another person an administrator of the minor’s property. Where the grounds for the removal are no longer existent, the court may allow the parents to resume the management of their underage children’s property under right of usufruct.

Article 3.186. The duties of the parents in managing their underage children’s property

1. Parents must manage their underage children’s property by giving paramount consideration to the interests of the children.

2. The parents may use the fruits and income derived from their underage child’s property to meet the needs of the family by taking account of the child’s interests.

3. In managing the property of their underage child, the parents have no right to acquire, directly or through intermediaries, this property or any rights to it. This rule shall also be applicable to auctioning a minor’s property or interests in it. An action to have such transactions declared null and void may be brought by the child or the child’s successors.

4. The parents of an underage child may not enter into a contract of assignment of claim under which they would acquire the right of claim to their underage child’s property or the child’s rights to it.

Article 3.187. Property of minors not subject to the right of usufruct

Parents shall have no right to manage the property under right of usufruct if that property:

1) has been acquired for the money earned by the child;

2) is intended for the purposes of the child’s education, hobbies or leisure;

3) has been devolved to the child by donation or succession on condition that it will not be made subject to usufruct.

Article 3.188. Transactions relating to an underage child’s property

1. Without the prior leave of the court parents shall have no right to:

1) alienate or charge their underage children’s property or encumber the rights to it in any other way;

2) accept or decline to accept inheritance on behalf of their underage children;

3) enter into a lease agreement in respect of their underage children’s property for a longer than a five-year term;

4) enter into a an arbitration agreement on behalf of their underage children;

5) enter into a loan agreement on behalf of their underage children for an amount exceeding four minimal monthly wages;

6) invest the funds of their underage children in excess of ten minimal monthly wages.

2. If a transaction causes a conflict of interests between the underage children of the same parents or between an underage child and the child’s parents, the court, on the application of either of the parents, shall appoint an ad hoc guardian as to the transaction.

3. Where there is a conflict of interests between an underage child and one of the child’s parents, the child’s interests shall be represented and transactions shall be made by the parent whose interests do not conflict with those of the child.

4. A breach of the rules laid down in Paragraphs 1, 2 and 3 may cause the court to declare the transaction null and void in an action brought by the child, one of the child’s parents or their successors.

Article 3.189. Prohibition to assign or encumber the right of usufruct

1. Parents who manage their underage children’s property under right of usufruct may not assign or pledge or encumber the right of usufruct in any way.

2. The claims of the creditors of underage children’s parents may not be executed against the property of the underage children or against the right of usufruct of their parents.

Article 3.190. Right of usufruct where the property is managed by one of the parents

1. Where parental authority is exercised only by one of the parents of a minor, the minor’s property shall be managed only by that parent. Where the parents are divorced or separated, the right to manage the minor’s property shall belong to the parent with whom the child is to live.

2. If the father (mother) of an underage child enters into a new marriage, he or she shall retain the right of usufruct in respect of the underage child’s property, but shall be obliged to transfer all the fruits and income derived from the property to the minor’s bank account and to maintain separate accounts for the fruits in excess of the expenses for the child’s education (training, education, maintenance). If the new spouse of the child’s father (mother) adopts the child, he or she shall also acquire the right to manage the underage child’s property.

Article 3.191. End of the property management and right of usufruct

1. Parents shall lose the right to manage their underage children’s property under right of usufruct, when:

1) the minor is emancipated under the law;

2) the minor contracts a marriage in the procedure laid down by the law;

3) the minor reaches majority;

4) the court makes an order for the removal of the parents from the management of their underage child’s property;

5) the court separates the children from the parents or limits their parental authority.

2. Where the parents (or one of the parents with whom the child lives) continue to use the child’s property after the end of the right of usufruct, they shall be obliged to return the property and all the income and fruits derived from the child’s property to the child from the moment when the child or the child’s representative demands it.

SECTION TWO

MUTUAL MAINTENANCE DUTIES OF PARENTS AND CHILDREN

Article 3.192. Parents’ duty to maintain their children

1. Parents shall be obliged to maintain their underage children. The procedure and form of maintenance shall be determined by the mutual agreement of the parents.

2. The amount for maintenance must be commensurate with the needs of the children and the financial situation of their parents; it must ensure the existence of conditions necessary for the child’s development.

3. Both parents must provide maintenance to their underage children in accordance with their financial situation.

Article 3.193. Parental agreement on the maintenance of their underage children

1. On divorce by mutual agreement (Article 3.51 hereof) or on separation (Article 3.73 hereof) spouses shall make an agreement providing for their mutual duties in maintaining their underage children as well as the procedure, amount and form of such maintenance. The agreement shall be approved by the court (Article 3.53 hereof).

2. Parents of underage children may conclude an agreement on the maintenance of their children also when their divorce is based on other grounds.

3. If one of the parents does not comply with the agreement on the maintenance of their underage children approved by the court, the other parent shall have a right to apply to the court for the issuance of the writ of execution.

Article 3.194. Maintenance orders

1. If the parents (or one of the parents) fail in the duty to maintain their underage children, the court may issue a maintenance order in an action brought by one of the parents or the child’s guardian (curator) or the state institution for the protection of the child’s rights.

2. A maintenance order may also be issued if on divorce or on separation the parents did not agree on the maintenance of their underage children in the procedure provided for in this Book.

3. The court shall issue a maintenance order until the child attains majority, except in cases where the child lacks capacity for work due to a disability determined before the age of majority, or when the child is in need of support, he is a full-time student of institutions of secondary, vocational or higher education and is not older than 24 years of age.

4. The enforcement of the maintenance order shall be terminated when the child:

1) is emancipated;

2) attains majority;

3) is adopted;

4) dies.

5. If the person obliged to pay maintenance dies, the duty of maintenance shall pass to his or her successors within the limits of the inherited property irrespective of the way the estate is accepted under the rules of Book Five hereof.

Article 3.195. Maintenance duty when the children are separated from their parents

The parents’ duty to maintain their underage children shall be retained after the separation of the children from their parents or the limitation of parental authority except in cases where the child is adopted.

Article 3.196. The form and amount of maintenance

1. The court may issue a maintenance order obligating the parents (one of the parents) who fail in their duty to maintain their children to provide maintenance to their children in the following ways:

1) periodical monthly payments:

2) a certain lump sum;

3) award of certain property.

2. Pending the outcome of the case, the court may give a ruling on the provisional payment of maintenance.

Article 3.197. Judicial pledge (hypothec)

If necessary, in making a maintenance order the court may institute pledge (hypothec) against the property of the parents (one of the parents). If the court judgement on the enforcement of the maintenance order is not executed, the maintenance shall be paid against the property subject to the pledge (hypothec).

Article 3.198. Maintenance orders in respect of two or more children

1. In making a maintenance order in respect of two or more children, the court shall determine a payment amount sufficient to meet at least the minimal needs of all the children.

2. The maintenance amount shall be used equally for all the children except in cases where objective reasons (illness, etc.) demand a departure from the principle of equality.

Article 3.199. Kinds of income against which maintenance payments shall be made

Maintenance payments for children shall be made against the wages and all the other kinds of income of the parent obliged to pay maintenance.

Article 3.200. The date on which a maintenance order becomes operative

A maintenance order shall take effect from the date on which the right to maintenance becomes operative; the arrears in maintenance payments, however, may not be enforced for a period exceeding three years from the date of the petition for action.

Article 3.201. Changing the amount and form of maintenance

1. In an action brought by the child, the child’s parent, the state institution for the protection of the child’s rights or a public prosecutor the court may reduce or increase the amount of maintenance if, after the award of the maintenance order, the financial situation of the parties has undergone a fundamental change.

2. An increase in the amount of maintenance may be ordered if there are additional expenses related to the care for the child (illness, injury, need for nursing or permanent attendance). If necessary, the court may issue an order for covering the future expenses related to the treatment of the child.

3. At the request of the persons referred to in Paragraph 1 the court may change the previously established form in which maintenance must be provided.

Article 3.202. Enforcement of maintenance to a child placed under guardianship (curatorship)

1. If a child is placed under guardianship (curatorship), maintenance shall be paid to the guardian who shall use it exclusively for the interests of the child.

2. If a child receiving maintenance under a judicial order lives in an institution for the care of children, the maintenance shall be paid to the institution for the care of children. In such a case, the institution for the care of children opens a bank account for every child receiving maintenance with a credit institution controlled by the State. The funds on the bank account may be used, in the procedure established by the law, only by the child for its own needs or the child’s guardian (curator) in the child’s interests.

Article 3.203. Use of maintenance

1. The maintenance payments meant for the child shall be used only for the child’s needs.

2. Maintenance used by the child’s parents, guardians (curators) for other purposes shall be recovered against the assets of the person who has used the child’s maintenance not for the needs of the child under a judicial order issued in an action brought by the representatives of the child, the state institution for the protection of the child’s rights or a public prosecutor.

Article 3.204. Children maintained by the State

1. The State shall maintain underage children receiving no maintenance from their parents or adult close relatives who are in a position to maintain the child.

2. The amount, procedure and conditions of such maintenance shall be established by the Government.

3. After providing maintenance to an underage child under this Article, the State shall have the right of recourse to recover the maintenance provided to the child from the child’s parents or his other adult close relatives provided the court declared the reasons why they failed to provide maintenance to the child to be insufficient.

Article 3.205. The duty of adult children to maintain their parents

1. Adult children shall be obliged to maintain their parents who have lost earning capacity and are in need of support.

2. Maintenance shall be paid according to a mutual agreement between the children and parents or on the basis of the court order issued in an action brought by the parents.

3. Maintenance shall be provided in monthly payments of an established amount.

4. The amount of maintenance shall be determined by the court having regard to the financial situation of the children’s family and that of the parents as well as the other important circumstances of the case. In establishing the amount of the maintenance, the court shall have regard to the duty of all the adult children of the parent(s) to maintain their parent(s) irrespective of whether the action for maintenance has been brought against all the children or only one of them.

Article 3.206. Rejection of the parent’s claims to maintenance

1. The court may relieve adult children of their duty to maintain their parents who have lost earning capacity if it establishes that the parents had failed in their duties in respect of their minor children.

2. Where the children had been separated permanently from their parents through the fault of the parents, such parents shall have no right to maintenance.

Article 3.207. Compensation for additional expenses of parents who have lost earning capacity

1. If adult children do not care for their parents who have lost earning capacity, the court may issue an order, in an action brought by the parents, for the compensation of the additional expenses the parents sustained due to illness, injury or indispensable attendance performed by strangers for a consideration.

2. In adjudicating on the compensation for such additional expenses, the court shall have regard to the financial situation of the children’s family and of the parents as well as the other important circumstances of the case.

Article 3.208. Indexation of maintenance

Where the maintenance is to be made in periodical payments, the maintenance amount shall be indexed annually in accordance with the inflation rates in the procedure established by the Government.

PART V

ADOPTION

CHAPTER XIII

CONDITIONS AND PROCEDURES OF ADOPTION

Article 3.209. Children allowed to be adopted

1. Adoption should be possible exclusively for the interests of the child.

2. Only the children who have been included on the list of children offered for adoption may be adopted except in cases where a spouse adopts the other spouse’s child or the child lives in the family of the adopter.

3. Only children over the age of three months may be adopted.

4. Adoption of one’s own children, sisters or brother shall be prohibited.

5. An adopted child may be adopted only by the stepfather’s (stepmother’s) spouse.

6. Separation of siblings through adoption shall be allowed in exceptional cases where it is impossible to ensure their life together for health reasons or where the siblings have already been separated due to other circumstances and there are no possibilities to ensure their life together.

Article 3.210. Persons entitled to adopt a child

1. The adopter must be an adult woman or man under the age of 50 duly prepared for adopting a child. In exceptional cases the court may give leave for older persons to adopt a child.

2. The right to adopt a child may be exercised by married couples. In exceptional cases, an unmarried person or one of the spouses may be allowed to adopt a child.

3. Unmarried persons may not adopt the same child.

4. Persons declared legally incapable or of limited active capacity by the court, persons whose parental authority has been restricted the former guardians (curators) whose guardianship (curatorship) has been cancelled through their fault shall not be allowed to adopt a child.

5. Persons who wish to adopt a child (except a parent’s spouse or the relatives) must be listed in the list of prospective adopters managed by the State institution for adoption.

6. Where several adopters wish to adopt one and the same child, priority shall be given, having regard to the child’s interests, to:

1) relatives;

2) spouses;

3) persons who adopt all the siblings together;

4) citizens of the Republic of Lithuania;

5) persons who adopt the children or adopted children of their spouses;

6) persons in whose family the child to be adopted lives and is maintained.

Article 3.211. Adopter-child age differential

1. The difference in the age of the adopter and the child to be adopted must be no less than eighteen years.

2. Where a person adopts the children or adopted children of his or her spouse, the age differential referred to in Paragraph 1 may be reduced to fifteen years.

Article 3.212. Consent of the parents to adoption

1. Adoption may be effected only with the written consent of the parents confirmed by the court.

2. Where the child’s parents are minors or legally incapable, adoption may be effected only with the written consent of their parents or guardians (curators) confirmed by the court. If the child to be adopted has a legal guardian (curator) (except for a State care institution), his adoption may be effected with the written consent of the guardian (curator) confirmed by the court.

3. The child’s parents may give their consent for the adoption of the child by a specific person only if that person is a relative.

4. Having confirmed the parents’ (guardians’, curators’ ) written consent to adoption, the court shall give a ruling in which it shall explicate to the parents (guardians, curators ) the consequences of adoption referred to in Article 3.227 hereof and their right to revoke their consent to adoption.

5. Within three business days the court shall send a copy of the res judicata order confirming the consent to adoption to the State institution for adoption.

Article 3.213. Revocation of the parents’ consent to adoption

1. The parents may revoke their consent to adoption before a court judgement is made on the adoption of the child.

2. The application for the revocation of the consent to adoption must be filed with the State institution for adoption. If the child has already been adopted, the State institution for adoption shall notify the parents of the fact without disclosing the identity of the adopters. If the application is filed before the day scheduled for the court’s consideration of the application for adoption, the State institution for adoption shall notify the respective court of the revocation of the consent and refer the application for the revocation of the consent for the consideration of the court that confirmed the consent. The examination of the application for adoption shall be put on hold until the issue of the revocation of the consent is resolved.

3. The court shall not approve of the revocation of the consent to adoption if a year has elapsed since the limitation of the parental authority, which has not been lifted, or if the court ascertains that the parents try to revoke their consent to adoption only for material gain.

Article 3.214. Adoption without the consent of the parents

The consent of the parents of the child to be adopted shall not be required, if the identity of the parents is not known or if they are dead or if the parents’ authority has been restricted for an unlimited period or if the parents are legally incapable or declared dead.

Article 3.215. The consent of the child to be adopted

1. Where the child to be adopted has already reached the age of 10, the child’s consent to the adoption shall be required. The child shall file his or her consent with the court; adoption without such a consent shall not be permitted.

2. Where the child is under 10, he must be heard by the court if he or she is capable of expressing his or her views. In taking the decision, the court shall take account of the child’s wishes if those wishes are not contrary to the child’s interests.

Article 3.216. The consent of the adopter’s spouse

1. Where a child is adopted by one of the spouses, the written consent of the other spouse shall be required.

2. The consent of the other spouse shall not be required if the spouses are legally separated by a court judgement or if the other spouse has been declared by the court missing or legally incapable.

Article 3.217. Verification of the readiness for adoption

1. Certified social workers of the State institution for adoption shall ascertain if there are any bars referred to in Book Three hereof for the prospective adoptive parents to adopt the child, investigate their living conditions, collect information on the status of their health and submit a conclusion on the preparedness of the prospective adopters to adopt the child. The list of medical contraindications to adoption shall be approved by the Government or an institution authorised by the Government.

2. If the prospective adoptive parents do not agree with the conclusion of the social worker on their preparedness to adoption, they may appeal against it in court.

3. The final decision on the suitability of conditions and preparedness for adoption shall be taken by the court examining the application for adoption.

4. The conclusion on the legal bars and the suitability and preparedness of the prospective adoptive parents for the adoption of a child in another country shall be approved by a ruling of the Regional Court of Vilnius.

Article 3.218. Provision of data on the child to be adopted

1. The State institution for adoption shall submit to the court data on the origin, development, state of health and family of the child to be adopted.

2. Before an application for the child’s adoption is submitted to the court, the State institution for adoption shall provide the data on the child offered for adoption to all the persons included in the list of prospective adoptive parents.

Article 3.219. Registration of adoptions

1. The registration of prospective adoptive parents and children offered for adoption shall be administered by the State institution for adoption; the statutes of the institution for adoption shall be approved by the Government.

2. Having taken a decision on the unlimited restriction of parental authority or having confirmed a written consent of the parents to the adoption of their child, the court shall send its res judicata order to the State institution for adoption within three business days.

3. After a year since the temporary restriction of parental authority, the State institution for adoption shall ascertain if the limitation of parental authority has been lifted. If the limitation of parental authority has not been lifted, the child shall be entered in the list of children offered for adoption.

Article 3.220. Examination of applications for adoption

1. Applications for adoption submitted by citizens of the Republic of Lithuania shall be examined by the district courts of the applicant’s or the child’s domicile in the presence of the applicants and a representative of the public institution for adoption.

2. Applications for the adoption of a citizen of the Republic of Lithuania residing in the Republic of Lithuania or in another country shall be examined by the Regional Court of Vilnius.

3. Applications for adoption shall be examined under non-contentious procedure. Within three business days the court shall send the res judicata judgement to the Register Office which registered the birth of the child.

Article 3.221. Confidentiality of adoption

1. Adoption case shall be heard at the court in a closed hearing.

2. Until the child attains majority, data on the child’s adoption may not be disclosed without the consent of the adoptive parents.

3. Information on a child’s adoption may be provided to the child from the age of 14, the child’s former close relatives (according to blood relationship) or to other persons with the leave of the court which examined the suit for adoption provided that the information is required for the considerations of the child’s health or the health of the child’s close relatives or of other persons as well as for other important reasons.

Article 3.222. Transfer of the child to the adoptive family before adoption

1. At the request of the State institution for adoption or at its own discretion the court may order a probationary period of six to twelve months and transfer the child to be brought up and cared for in the family of the prospective adoptive parents. If the court order is taken to transfer the child to the family of the prospective adoptive parents, the hearing of the adoption case shall be postponed.

2. The probationary period may be ordered taking into consideration the psychological preparedness of the child and the prospective adoptive parents for adoption, the duration of contact between the child and the prospective adoptive parents before the application for adoption, and other circumstances which may give rise to doubts whether the child can become adapted to the family of the adoptive parents.

3. After the child is transferred to the family by a court order before adoption, the mutual rights and duties, except those of succession, of the child and the prospective adoptive parents shall be treated as the mutual rights and duties of children and natural parents.

4. After the adoption of the child, the adoptive parents shall be treated as the child’s parents under the law from the day on which the court order to transfer the child to their family became res judicata. The court shall specify this fact in its judgement.

Article 3.223. Priority for adoption

1. If there are several persons who wish to adopt one and the same child, the priority shall be determined in the following order:

1) persons adopting their spouse’s children and adopted children;

2) relatives;

3) persons adopting siblings together;

4) spouses.

2. If the persons who wish to adopt a child are attributable to one and the same category, priority shall be given to the person who was the first to be registered in the list of prospective adoptive parents.

Article 3.224. Adoption where the adopter is a citizen of a foreign country

1. Provisions of Articles 3.209-3.221 hereof shall be applicable to adopters who are citizens of a foreign country.

2. In addition to the provisions of Articles 3.209-3.221 hereof, a citizen of a foreign country may adopt a child if:

1) during six months from the registration of the child in the list of children offered for adoption no application has been received from citizens of the Republic of Lithuania to adopt the child or place the child under guardianship or in curatorship;

2) the parents of the family where the child is brought up and maintained present to the court their written consent for the adoption of the child;

3) the guardian (or curator) presents to the court a written consent for the adoption of the child.

3. The court, having regard to the interests of the child, shall have the right to decide on the adoption of the child without the consent of the parents of the family, guardian (curator).

4. Where the child is adopted in another country, all the necessary measures must be taken to prevent persons related to the settlement of the child in another country from gaining any unjustified material gain.

5. In adjudicating on the adoption of a child by a citizen of another country, consideration must be given to the hereditary continuity of the child’s education, the child’s ethnic origin, religious and cultural adherence and mother tongue, as well as the compliance of the legislation of the recipient country with the requirements of the 29 May 1993 Hague Convention on the Protection of Children and Co-operation in the Field of International Adoption.

Article 3.225. Recognition of adoption executed in another country

Adoption executed in another country shall be recognised in the procedure and in accordance with the terms and conditions laid down in international treaties and agreements and Book One hereof.

Article 3.226. Adoption of children who are citizens of a foreign country

1. Children who are citizens of a foreign country residing in the Republic of Lithuania shall be adopted in the procedure laid down in this Chapter unless provided for otherwise in an international treaty or agreement between the respective foreign country and the Republic of Lithuania.

2. Applications of foreign citizens for adoption shall be examined by the Regional Court of Vilnius.

CHAPTER XIV

LEGAL CONSEQUENCES OF ADOPTION

Article 3.227. Consequences of adoption

1. Adoption shall invalidated the mutual personal and property rights and duties of the natural parents and children and their relatives while creating mutual personal and property rights for the adoptive parents, their relatives kindred and the adopted children and their descendants as relatives by blood.

2. The adoptive parents shall be treated as the child’s parents under the law from the on which court judgement on the adoption became res judicata except for the exception provided for in paragraph 4 of Article 3.222 hereof.

Article 3.228. The name and surname of the adopted child

1. The adopted child is given the surname of the adoptive parents by a court judgement; the child’s name may be changed with the consent of the child capable of expressing his or her views.

2. At the request of the adoptive parents and the adopted child capable of expressing his or her views, the child may be allowed to retain the surname of his or her natural parents.

3. When there is a dispute between the adoptive parents or the adoptive parents and the adopted child over the change of the child’s surname or name, the dispute shall be resolved by the court taking account of the child’s interests.

PART VI

RIGHTS AND DUTIES OF OTHER MEMBERS OF THE FAMILY

CHAPTER XV

LIVING TOGETHER OF PERSONS

NOT LEGALLY MARRIED (COHABITATION)

Article 3.229. Scope

The provisions of this Chapter shall regulate the relations in property of a man and a woman who, after registering their partnership in the procedure laid down by the law, have been cohabiting at least for a year with the aim of creating family relations without having registered their union as a marriage (cohabitees).

Article 3.230. Assets subject to the legal regime set in this Chapter

1. The provisions of this Chapter shall regulate the legal regime of the assets referred to in this Chapter provided the assets have been acquired and used jointly by the cohabitees.

2. The community property of cohabitees shall include:

1) a dwelling house or a flat acquired and used together by cohabitees for their life together;

2) the rental, usufruct or any other right of one of the cohabitees to use the dwelling house or the flat which the cohabitees use for their life together;

3) immovable property related to the dwelling house or flat used and acquired together provided the immovable is used by the cohabitees together;

4) furniture and other household utensils acquired and used together by the cohabitees except for the chattels which the cohabitees use separately.

3. The provisions of this Chapter shall not be applicable to assets which the cohabitees use for recreation (garden, summer cottage, etc.).

Article 3.231. Legal regime of assets used by the cohabitees together

1. Where the immovables or the rights to the immovables referred to in Article 3.230 hereof are registered in the name of one of the cohabitees, both cohabitees may require, by submitting a joint application to the public register, the addition of a record to the effect that the cohabitees use these immovables or the rights to these immovable together. The signatures of the cohabitees adduced to such an application must be certified by a notary public.

2. Cohabitees shall have a right to make an agreement by a notarial deed on how the assets acquired and used together should be divided after their life together ends. Provisions of Articles 3.101-3.108 hereof shall be applicable to such agreements mutatis mutandis.

Article 3.232. Division of assets acquired and used together

At the request of one of the cohabitees the court may divide all the assets, acquired and used by the cohabitees together, after the death of one of the cohabitees or at the end of their life together provided the cohabitees had not made an agreement on the division of assets certified by a notary public.

Article 3.233. Limitations of the right to dispose of the assets used together

1. Without the written consent of the other cohabitee, a cohabitee shall have no right to sell, donate or alienate in any other way, lease or charge the assets acquired and used together or to encumber the rights to such assets in any other way.

2. Paragraph 1 of this Article shall not be applicable if a cohabitee is incapable of giving such a consent due to incompetence or the consent of the other cohabitee is unavailable due to other important reasons. In such a case the permission to make a transaction may be granted by the court at the request of the other cohabitee.

3. Transaction made in violation of the rules set in paragraphs 1 and 2 may be declared null and void in an action brought by the cohabitee who has not given his or her consent to the transaction except in cases where a third party recipient of the assets sold, charged or leased was in good faith. The time limit for bringing an action for the avoidance of such a transaction shall be one year from the day when the cohabitee knew or should have known about the transaction.

Article 3.234. Division of assets used together

1. To divide assets acquired and used by cohabitees together in cases referred to in Article 3.232 the court shall first establish the assets acquired and used together and the separate assets of each cohabitee. Debts contracted by the cohabitees together and outstanding at the end of their life together shall be deducted from the assets acquired and used together by the cohabitees.

2. The assets acquired and used together remaining after the deduction of the joint outstanding debts of the cohabitees shall be divided into two equal shares except in cases provided for in this Article.

3. The court shall have a right to depart from the principle of equal shares if it is just and reasonable to award one of the cohabitees a bigger share of the assets taking account of the interests of their minor children, the duration of their life together, their age, health, financial situation, personal contribution to the community property and other important circumstances.

4. A dwelling house or a flat may be awarded to the cohabitee who is in greater need of a residence place taking into consideration his or her age, health, financial situation, the interests of his or her minor children and other important circumstances. In such cases the share of this cohabitee in other community assets shall be reduced. Where the value of the dwelling house or the flat exceeds the value of the cohabitee’s share in the assets, he or she must compensate in money to the other cohabitee for the difference in the value.

5. The dwelling house or the flat which belonged to one of the cohabitees before their life together can be left to the other cohabitee under right of usufruct if he or she has underage children born to the cohabitation or due to health, age or other important reasons does not have his or her own dwelling place.

6. Assets other than those referred to Article 3.230 hereof acquired and maintained by using the funds of both cohabitees, shall be divided in accordance with the rules of shared community property.

Article 3.235. Right to use a dwelling place

1. Having regard to the duration of cohabitation, the interests of the minor children of the cohabitees, the age, health, financial situation of the cohabitees and other important circumstances, the court shall have a right to award the use of the rented dwelling place to the cohabitee who is in greater need of the dwelling place.

2. Having regard to the circumstances of the case, the court may obligate the cohabitee who has been awarded the right to use the rented dwelling place to pay compensation to the other cohabitee for the expenses related to the search for and movement to another dwelling place.

CHAPTER XVI

DUTIES OF OTHER FAMILY MEMBERS RELATED

TO MUTUAL MAINTENANCE

Article 3.236. The duty of an adult brother (sister) to maintain his (her) minor brother (sister)

1. Circumstances permitting, an adult brother (sister) must maintain his (her) minor sibling who is in need of support and deprived of parents or their maintenance.

2. Provisions of Section Two Chapter XII of this Book shall be applicable mutatis mutandis to the procedures of maintenance.

Article 3.37. Mutual maintenance of grandchildren and grandparents

1. Circumstances permitting, adult grandchildren shall maintain their grandparents not fit for work and in need of support.

2. Circumstances permitting, grandparents shall maintain their minor grandchildren deprived of parents or of their maintenance.

3. Provisions of Section Two Chapter XII of this Book shall be applicable mutatis mutandis to the procedures of maintenance.

PART VII

GUARDIANSHIP AND CURATORSHIP

CHAPTER XVII

GENERAL PROVISIONS

Article 3.238. Guardianship

1. Guardianship shall be established with the aim of exercising, protecting and defending the rights and interests of a legally incapable person.

2. Guardianship of a person subsumes guardianship of the person’s property, but if necessary, an administrator may be designated to manage the person’s property.

Article 3.239. Curatorship

1. Curatorship shall be established with the aim of protecting and defending the rights and interests of a person of limited active capacity.

2. Curatorship of a person subsumes curatorship of the person’s property, but if necessary, an administrator may be designated to manage the person’s property.

Article 3.240. Legal position of the guardian or curator

1. The guardian and the curator shall represent their wards under law and shall defend the rights and interests of legally incapable persons or persons of limited active capacity without any special authorisation.

2. The guardian shall be entitled to enter into all the necessary transactions in the interests and in behalf of the represented legally incapable ward.

3. The curator shall give consent for the ward of limited active capacity to enter into a transaction the ward would not be permitted to enter into independently and shall also help the ward of limited competence to exercise his or her other rights and duties as well as protect his or her interests against third parties.

Article 3.241. Institutions of guardianship and curatorship

1. Institutions of guardianship and curatorship are municipal or regional institutions concerned with the supervision and control of the actions of guardians and curators.

2. The functions of guardianship and curatorship in respect of the inmates of medical, educational or guardianship (curator) institutions who have been declared legally incapable or of limited active capacity by the court shall be performed by the respective medical educational or guardianship (curator) institution until a permanent guardian or curator is appointed.

3. Institutions for the guardianship and curatorship of minors shall include the State institution for the protection of the child’s rights and other institutions referred to as such in this Book.

Article 3.242. Designation of a guardian or a curator

1. Having declared a person legally incapable or of limited active capacity the court shall designate the person’s guardian or curator without delay.

2. The guardian or curator of a minor shall be designated in the procedure established by the rules of Chapter XVIII of this Book.

3. Only a legally capable natural person may be designated a guardian or a curator provided he or she gives a written consent to that effect. While designating a guardian or curator account must be taken of the person’s moral and other qualities, his or her capability of performing the functions of a guardian or curator, relations with the ward, the guardian’s or curator’s preferences and other relevant circumstances.

4. The provisions of this Article shall not be applicable to cases where the guardian or curator of a legally incapable person or a person of limited active capacity is the medical, educational or guardianship (curatorship) institution in which the ward is placed.

Article 3.243. Performance of the duties of a guardian or a curator

1. A guardian who is the ward’s parent or any other close relative shall perform his or her functions as a guardian without any remuneration. In other cases the guardian shall be entitled to recover necessary expenses related to his or her duties as a guardian against the assets of the incompetent person. The amount to be recovered and the procedure of recovery shall be established by the court on the application of the guardian.

2. A curator who is the parent or any other close relative of the person of limited active capacity shall perform these duties without any remuneration. In other cases the curator shall be entitled to recover necessary expenses related to his or her duties as a curator from the assets of the person of limited active capacity. The amount to be recovered and the procedure of recovery shall be established by the court on the application of the curator.

3. This Article shall not be applicable to cases where the functions of guardianship or curatorship are performed by a medical, educational or guardianship (curatorship) institution.

4. The guardians and curators s of a minor must live together with the minor. After the ward attains the age of 16, the curator may live separately provided the State institution for the protection of the child’s rights gives its consent.

5. Guardians and curators shall be obliged to notify the institution of guardianship (curatorship) of a change in their residence place.

6. After the circumstances responsible for the declaration of the ward’s legal incapability or limited active capacity disappear, the guardian or curator shall apply to the court for the cancellation of guardianship or curatorship. Institutions of guardianship and curatorship as well as prosecutors shall also have a right to apply to the court for the cancellation of guardianship or curatorship.

Article 3.244. Use of the assets and income of the legally incapable ward or the ward of limited active capacity

1. The guardian or the curator shall use the assets and the income generated by the assets of the legally incapable ward or the ward of limited active capacity exclusively in the interests of the legally incapable ward or the ward of limited active capacity.

2. Transactions exceeding five thousand Litas shall require a prior leave of the court.

3. A prior leave of the court shall be required in all cases where the guardian intends to sell, donate or alienate in any other way the immovable assets or property rights of the ward, to lease them, transfer for use without remuneration, charge or encumber in any way the rights to immovable property or property rights, or to make any other transaction which would cause a reduction in the ward’s assets or the property rights of the ward would be assigned transferred or encumbered. These rules shall be applicable also in cases where the curator intends to give his or her consent for the ward of limited active capacity to enter into a similar transaction.

4. A guardian, curator or their close relatives may not enter into a transaction with the ward, except in cases where assets are donated or transferred to the ward for use without remuneration, provided the transaction is consistent with the interests of the ward.

Article 3.245. Administration of the assets owned by a legally incapable person or person of limited active capacity

1. In cases where an legally incapable person or a person of limited active capacity has movable or immovable property in need of constant care (an enterprise, land, facility, etc.), the court shall issue an order for the appointment of an administrator of the property. The administrator may be the guardian (curator) or any other person. The administrator of the property shall be subject to the rules hereof on the limitation of the actions of the guardian or the curator.

2. The powers of the administrator shall come to an end with the end of the guardianship or curatorship, also on the issue of the court order relieving the administrator of the relevant functions.

Article 3.246. Relieving the guardian and curator of their duties

1. The court may relieve the guardian or curator of a minor of the duties of a guardian or curator if the minor is returned to his or her parents or adoptive parents.

2. The court may relieve the guardian or curator of a minor of his or her duties if he or she is unable to perform these duties due to his or her illness or the illness of his or her close relatives, his or her financial situation or other important reasons.

3. If the guardian or curator is negligent in his or her duties, fails to ensure the protection of the rights and interests of the ward, uses his or her rights for personal gain, the court may remove such a guardian or the curator. . If the actions of the guardian or curator cause damage to the legally incapable person or the person of limited active capacity , the guardian or curator shall be obliged to make good the damage. Institutions of guardianship (curatorship) shall have the right to apply to the court for the removal of the guardian or curator.

Article 3.247. End of guardianship curatorship

1. Guardianship and curatorship shall end when the court judgement declaring the person legally incapable or the end of the limitations of active capacity becomes res judicata.

2. When a minor attains the age of 14, his or her guardianship comes to an end, while the guardian of the minor becomes a curator without any additional judgement of the court.

3. Curatorship comes to an end when the minor attains the age of 18 or when the minor acquires full active capacity before the age of 18 in cases provided for by the law.

CHAPTER XVIII

GUARDIANSHIP AND CURATORSHIP OF MINORS

Article 3.248. The purpose and objectives of child guardianship (curatorship)

1. The purpose of child guardianship (curatorship) is to ensure the child’s upbringing and care in an environment which would facilitate the child’s growing up, development and progress.

2. Objectives of child guardianship (curatorship):

1) to appoint for the child a guardian whose duty it will be to take care of the child, bring him up, represent the child and protect his rights and legitimate interests;

2) to provide the child with living conditions which would be adequate for his age, state of health and development level;

3) to prepare the child for independent life in a family and in the society.

Article 3.249. Principles of establishing child guardianship (curatorship)

1. The establishment of child guardianship (curatorship) shall be governed by the following principles:

1) first consideration must be given to the interests of the child;

2) priority in becoming the child’s guardians (curators) must be accorded to his close relatives, provided this is in the child’s best interests;

3) the child’s guardianship (curatorship) in a family;

4) non-separation of siblings, except when this is contrary to the child’s interests.

2. When child guardianship (curatorship) is established or ended, or a guardian is appointed to a child capable of expressing his or her views, the child shall be provided an opportunity to be heard and to influence the decision making.

Article 3.250. Determination and registration of children in need of guardianship (curatorship)

1. Employees of educational, health care, police and other institutions as well as any person in possession of any knowledge of minors deprived of parental care or of the necessity to protect a minor’s rights and interests (cruel treatment of children by their parents, illness, death, departure or disappearance of the parents, failure of the parents to take back their children from educational or health care institutions, etc.) shall be obliged to notify immediately the State institution for the protection of the child’s rights of the child’s district of residence or their own district.

2. The State institution for the protection of the child’s rights shall be responsible for the determination of children in need of guardianship (curatorship) and their registration. The Institution shall place a child under temporary guardianship (curatorship) within three days of the receipt of information about the child’s need of guardianship (curatorship).

3. The heads and other officials of the institutions referred to in paragraph 1 of this Article shall be responsible under law for any misrepresentations, concealment of a child in need of guardianship (curatorship), creating obstacles for the establishment of guardianship (curatorship) or any other violations of the rights and interests of the child.

Article 3.251. Establishment of guardianship and curatorship

1. Guardianship shall be established for children under the age of 14.

2. Curatorship shall be established for children older than 14.

Article 3.252. Kinds and forms of child guardianship (curatorship)

1. Kinds of child guardianship (curatorship):

1) temporary guardianship (curatorship);

2) permanent guardianship (curatorship).

2. Forms of child guardianship (curatorship):

1) family guardianship (curatorship);

2) social family guardianship (curatorship);

3) institutional guardianship (curatorship).

Article 3.253. Temporary child guardianship (curatorship)

Temporary child guardianship (curatorship) means care for and upbringing of a child temporarily deprived of parental care, also representation and protection of the child’s legitimate interests in the family, social family or institution. The purpose of temporary child guardianship (curatorship) is to return the child into the child’s natural family.

Article 3.254. Fundamentals of placing a child under temporary child guardianship (curatorship)

A child shall be placed under temporary child guardianship (curatorship) if the child’s:

1) parents or single parent are missing and attempts are made to trace them (pending the court judgement declaring them missing or dead);

2) parents or single parent are temporarily incapable of taking care of the child because of the parents’ (the father’s or the mother’s) illness, arrest, imposed sentence, or due to other compelling reasons;

3) parents or single parent do not take care of the child, neglect him, do not look after him, do not bring him up properly, use physical or psychological violence thereby endangering the child’s physical, mental, spiritual or moral development and safety (pending the court order separating the child from the parents).

Article 3.255. End of temporary child guardianship (curatorship)

Temporary child guardianship (curatorship) shall end when the child:

1) is returned into his family;

2) attains majority or emancipation;

3) permanent guardianship (curatorship) is established for him;

4) is adopted;

5) enters into a marriage.

Article 3.256. Permanent child guardianship (curatorship)

Permanent child guardianship (curatorship) shall be established for children deprived of parental care who, under the existing conditions, are unable to return into their natural family, and their care, upbringing, representation and protection of their rights and legitimate interests are entrusted to another family, social family or guardianship (curatorship) institution.

Article 3.257. Placing a child under permanent guardianship (curatorship)

A child shall be placed under permanent guardianship (curatorship) when:

1) both parents or single parent of the child are dead;

2) both parents of the child or his single parent have been declared missing or dead by a court judgement;

3) the child has been separated from the parents in accordance with the procedure established by law;

4) the child’s parents or close relatives are not identified within a 3-month period after the child’s birth;

5) both parents or the single parent of the child are declared legally incapable in accordance with the procedure established by law.

Article 3.258. End of permanent child guardianship (curatorship)

Permanent child guardianship (curatorship) shall end when the child:

1) attains majority or emancipation;

2) is returned to his or her parents;

3) is adopted;

4) enters into a marriage.

Article 3.259. A child’s guardianship (curatorship) in a family

1. Child guardianship (curatorship) in a family shall involve no more than 5 children placed under guardianship in the environment of a natural family (the total number of children in the family including the parents’ natural children may not exceed 5).

2. The total number of children may exceed the number specified in paragraph 1 hereof where that is due to keeping siblings together.

3. When appointing a guardian of the child, priority shall be given to the child’s close relatives provided they have adequate living conditions and do not belong to the persons or the group of persons listed in Article 23 hereof.

Article 3.260. A child’s guardianship in a social family

1. A child’s guardianship (curatorship) in a social family is the form of guardianship where a legal person (social family) has under its guardianship or curatorship 6 or more children (the total number of children in a social family including the parents’ natural children may not exceed 12) in a family environment.

2. The total number of children may exceed the number specified in paragraph 1 hereof where that is due to keeping siblings together, or the total number of children may be less where one of the children under guardianship (curatorship) is disabled.

3. Child guardianship (curatorship) in a social family shall be established by the laws of the Republic of Lithuania, the Social Family Regulations approved by the Government or its authorised institution, and other legal acts.

4. The wage and other conditions of remuneration for work of the child’s guardian (curator) who has set up a social family shall be established based on the laws of the Republic of Lithuania, Government resolutions and other legal acts.

Article 3.261. Child guardianship (curatorship) in public and non-governmental guardianship institutions

1. A child deprived of parental care shall be placed in a public or non-government child guardianship institution where there is no possibility of placing the child under guardianship (curatorship) in a family or a social family.

2. Institutional child guardianship (curatorship) shall be established by the laws and other legal acts of the Republic of Lithuania.

Article 3.262. Placing a child under temporary guardianship (curatorship)

1. A child shall be placed under temporary guardianship (curatorship) on the decision (ordinance) of the municipal board (the mayor) at the recommendation of the institution for the protection of the child’s rights as of the day of the registration of the application with the regional (city) local government.

2. Temporary child guardianship (curatorship) shall be organised in accordance with the Regulations of Temporary Child Guardianship (Curatorship) approved by the Government of its authorised public institution.

Article 3.263. Placing a child under permanent guardianship (curatorship)

A child shall be placed under permanent guardianship (curatorship) on the basis of a court order taken at the application of the regional (city) institution for the protection of the child’s rights or a public prosecutor.

Article 3.264. Designation of a child’s guardian (curator)

1. Where a child is placed under temporary guardianship (curatorship), the child’s guardian (curator) shall be appointed by the decision of the regional (city) municipal board (the mayor) on the recommendation of the institution for the protection of the child’s rights of the respective region (city). Recommendations for the appointment of a guardian may be presented to the institution for the protection of the child’s rights by public or non-government organisations related to the protection of the child’s rights.

2. The decision (ordinance) of the regional (city) municipal board (the mayor) on the appointment of a guardian for the child’s shall specify: the name of the institution which adopted the decision, the date of the decision, the kind of guardianship the child is placed under, the guardian of the child, the child under guardianship, the place of guardianship, the institution responsible for the protection of assets owned by the child, other important circumstances which affect the guardianship of the child and the establishment thereof.

3. Where a child is placed under permanent guardianship (curatorship), the guardian (curator) of the child shall be appointed by the court order on the application of the institution for the protection of the child’s rights of the region (city).

4. The guardianship (curatorship) of the child shall be established taking into consideration the wish of the child’s dead parents (adoptive parents) expressed in their will regarding the appointment of the child’s guardian (curator) provided it is in conformity with Article 3.269 hereof.

Article 3.265. Place of guardianship (curatorship)

The place of guardianship (curatorship) of the child may be:

1) the guardian’s (curator’s) place of residence;

2) the child’s place of residence;

3) an institution of child guardianship.

Article 3.266. Organising child guardianship (curatorship)

1. The institution for the protection of the child’s rights of the region (city) shall be responsible for organising the placement of a child under guardianship (curatorship).

2. When organising the placement of a child under guardianship (curatorship), the regional (city) institution for the protection of the child’s rights of the district (city) municipality shall co-operate with other local authorities and non-government institutions and organisations related to the protection of the child’s rights.

3. The procedure for organising the guardianship (curatorship) of a child pursuant to this Book hereof shall be established by the Regulations for the Organisation of Child Guardianship approved by the Government.

Article 3.267. Supervision of child guardianship (curatorship)

1. The guardianship (curatorship) of a child in a family, social family or institution shall be supervised by the regional (city) Child’s Rights Protection Institution.

2. In supervising child guardianship (curatorship), the regional (city) Child’s Rights Protection Institution shall co-operate with other institutions related to the protection of the child’s rights.

Article 3.268. The procedure for the selection of the guardian (curator) for a child

1. A child’s guardian (curator) shall be selected by taking into consideration his or her personal qualities, state of health, abilities to function as a guardian (curator) , relations with the child deprived of parental care, and the interests of the child.

2. The prospective guardian (curator) of the child shall file the following documents with the regional (city) Child’s Rights Protection Institution:

1) an application specifying the number of children he or she wishes to assume the guardianship and upbringing of, their age and the kind of guardianship;

2) a health certificate in the format established by the institution authorised by the Government;

3) the written consent of persons over 16 living together with the applicant.

Article 3.269. Persons which may not be appointed guardians (curators) of a child

The following persons may not be appointed guardians (curators) of a child:

1) a person under 21 unless it is a close relative who wishes to assume the guardianship of the child;

2) a person declared legally incapable or of limited active capacity ;

3) a person from whom the child has been separated;

4) former adoptive father (adoptive mother) if his (her) parental authority has been restricted because of the adoptive father’s (adoptive mother’s) failure to duly fulfil his (her) duties or if he (she) has been separated from the child;

5) if the person’s authority as the child’s guardian (curator) has been terminated on the basis of paragraph 2 Article 3.246 hereof;

6) a person who has a record of convictions for wilful offences;

7) a person of 65 and over, except for a close relative if he or she wishes to assume temporary guardianship of a child under 10 years of age;

8) a person suffering from chronic alcoholism, drug addiction, mental or other diseases included in the list approved by the Government.

Article 3.270. Preparation for child guardianship (curatorship)

The child guardian’s (curator’s) preparation for guardianship (curatorship) shall be organised and co-ordinated by regional (city) Child’s Rights Protection Institutions, other organisations and agencies with relevant work experience.

Article 3.271. Duties of a child’s guardian (curator)

A child’s guardian (curator) shall be obliged to:

1) ensure the child’s physical and mental safety;

2) take care of the child’s health and schooling;

3) educate the child;

4) decide issues related to the child’s interests in co-operation with the interested central and local government institutions;

5) create no obstacles for the child’s contact with his or her biological parents provided this is not detrimental to the child’s interests;

6) maintain contact with the child’s parents, inform the child’s parents and close relatives, if they so request, about the child’s development, health, studies and other important issues;

7) organise the child’s leisure activities, taking into account the child’s age, development level and inclinations;

8) prepare the child for independent life and work in the family, civic society and the State.

Article 3.272. The rights of a child’s guardian (curator)

1. A child’s guardian (curator) shall be the child’s statutory representative and shall defend the child’s rights and legitimate interests.

2. A child’s guardian (curator) shall have the right to demand in court the return of the child from any person who keeps the child unlawfully.

Article 3.273. Liability of a child’s guardian (curator)

1. A child’s guardian (curator) shall be held liable under law for the damage inflicted by the child.

2. A child’s guardian (curator) shall be held liable under law for failure to fulfil his or her duties or their improper fulfilment

Article 3.274. Maintenance of a child ward

Maintenance of a child under guardianship in a family, social family or non-government guardianship institution shall be regulated by law.

Article 3.275. Management of the child ward’s income

Funds intended for the maintenance of the child under guardianship shall be managed by the child’s guardian (curator) exclusively in the interests of the child in accordance with the rules of Book Four hereof on the regulation of asset administration.

Article 3.276. Relations between the child and the child’s guardian (curator) in property

1. The child under guardianship shall acquire no property rights to the assets of his or her guardian (curator).

2. A child’s guardian (curator) shall acquire no property rights to the assets owned by the child under guardianship.

CHAPTER XIX

GUARDIANSHIP AND CURATORSHIP OF ADULT PERSONS

Article 3.277. Placing under guardianship or curatorship

1. An adult person declared legally incapable by the court shall be placed under guardianship by a court judgement.

2. An adult person declared by the court to be of limited active capacity shall be placed under curatorship.

Article 3.278. Monitoring of the guardian’s or the curator’s activities

1. Guardianship and curatorship institutions shall be obliged to monitor if the guardian (curator) fulfils his or her duties properly.

2. The duties of the guardian (curator) related to the administration of the ward’s assets shall be established by the rules of Book Four hereof on the regulation of asset administration.

Article 3.279. Curatorship of a person of Full Active Capacity

1. At the request of a natural person of full active capacity incapable of exercising his or her rights or of performing his or her duties due to health reasons may be placed under curatorship.

2. The curator of a person of full active capacity shall be appointed by a court order at the request of the person of full active capacity or on the application of a guardianship (curatorship) institution.

3. A curator may be appointed only with his or her written consent. The competent person and the curator shall conclude an agency agreement or an agreement on the management of assets in trust setting forth the rights and duties of the curator related to the management, use and disposal of the assets of the person of full active capacity.

4. Curatorship shall be cancelled by a court order at the request of the person of full active capacity.

5. In cases provided for in this Article, Article 3.244 hereof shall be applicable to the extent in which it is compatible with the agreement concluded between the curator and the person of full active capacity.

PART VIII

REGISTRATION OF CIVIL STATUS ACTS

CHAPTER XX

GENERAL PROVISIONS

Article 3.280. Agencies registering civil status acts and their competence

1. City and regional register offices shall register births, acknowledgements and determinations of paternity, divorces, adoptions, changes of names, surnames and nationality, and deaths.

2. In towns which do not have register offices the heads of local district councils (except for the local district of the municipality centre) shall have the right to register deaths.

3. Consular Offices of the Republic of Lithuania shall have the right to register the birth, marriage and death of the citizens of the Republic of Lithuania.

Article 3.281. Rules for the registration of civil status acts

Civil status acts shall be registered, restored, changed, supplemented and corrected subject to the Regulations on Civil Registration approved by the Minister of Justice.

Article 3.282. Language of the records of civil status acts

The records of civil status acts shall be made in Lithuanian. The name, surname and place names shall be spelled in accordance with the rules of the Lithuanian language.

Article 3.283. Prohibition to make records of civil status acts for oneself and for one’s relatives

It shall be prohibited to make records of civil status for oneself, one’s spouse, parents, children, and siblings.

Article 3.284. Documents filed for the record of civil status

Making a record of a civil status act requires the presentation of identity documents and the acts to be registered in the register office.

Article 3.285. Making records of civil status acts

Each record of a civil status act shall be legible to the applicants; it shall be signed by the official making the record and stamped with the stamp of the institution registering civil status acts. Applicants for the registration of births, marriages, divorces, changes of names, surnames and nationality and deaths shall be issued respective certificates.

Article 3.286. Challenging and cancelling records of civil status acts

1. Records of civil status acts may be challenged only in court.

2. After the primary records are discovered, the restored records of civil status acts shall be destroyed by the decision of the head of the register office.

Article 3.287. Supervision of the legitimacy of records of civil status acts

The legitimacy of records of civil status acts made by register offices and local district authorities shall be supervised by the Ministry of Justice following the procedure established in its regulations.

Article 3.288. State fee for registration of civil status acts

Registration of civil status acts in register offices as well as correction and modification of the records of such acts shall be subject to a state fee in the procedure established by law.

CHAPTER XXI

REGISTRATION OF BIRTHS

Article 3.289. Registration of births

1. The birth of a child shall be registered with the register office of the child’s residence place or one of the parents’ residence place.

2. At the request of the parents of the child, the register office shall make the registration of the child’s birth a solemn occasion.

Article 3.290. Notification of births

1. A birth shall be notified, orally or in writing, by the parents or one of the parents; if the parents are sick, dead or cannot do that for other reasons, the birth shall be notified by relatives, neighbours, the administration of the maternity home where the child was born or the state institution for the protection of the child’s rights.

2. The birth of a foundling shall be registered on the application of the person who found the child or the state institution for the protection of the child’s rights.

Article 3.291. Time limits for the registration of birth

1. The birth of a child shall be notified and registered within three months of the date of the child’s birth; in cases of a stillborn baby – within three days from the time of its birth.

2. An application for the registration of a foundling shall be filed within three days of the moment when the child was found.

Article 3.292. Record of birth

1. The record of birth shall include the name, surname and nationality of the child as well as data on the child’s parents in accordance with the rules set in Articles 3.139, 3.140, 3.166 and 3.167 hereof.

2. Where the paternity of the child has not been ascertained, data on the child’s father shall not be entered.

3. The name and surname of a child whose parents are not known shall be recorded on the instructions of the state institution for the protection of the child’s rights.

4. The registration of the child’s birth shall be followed by the issuance of the birth certificate.

CHAPTER XXII

REGISTRATION OF THE ACKNOWLEDGEMENT

AND DETERMINATION OF PATERNITY

Article 3.293. Registration of the acknowledgement of paternity

1. Acknowledgement of paternity shall be registered in the register office of the child’s mother’s residence on the basis of the applications of the child’s mother and father for the confirmation of the acknowledgement of paternity. Where the paternity is acknowledged after the registration of the child’s birth, the acknowledgement of paternity shall be registered in the register office where the child’s birth was registered.

2. In cases provided for in paragraph 5 Article 3.140 and Article 3.144, the acknowledgement of paternity shall be registered on the presentation of the application for the confirmation of the acknowledgement of paternity approved by the court.

Article 3.294. Registration of paternity affiliation

Paternity affiliation shall be registered in the register office where the child’s birth was registered on the basis of the court order on the determination of paternity.

Article 3.295. Data on the father in the record of the child’s birth

On the basis of the application on the acknowledgement of paternity or the court order on the determination of paternity, the register office shall record data on the child’s father in the record of the child’s birth and shall issue a new birth certificate.

CHAPTER XXIII

REGISTRATION OF ADOPTIONS

Article 3.296. Place of registration of an adoption

Adoption shall be registered in the register office where the child’s register was registered on the basis of the court order on adoption.

Article 3.297. Data in the birth record of an adopted child

1. Where on the basis of a court judgement the adopted child is given a new name or the surname of the adoptive parents, these data are changed accordingly in the child’s birth record.

2. In the birth record of the adopted child the data on the child’s parents shall be replaced by the data on the child’s adoptive parents.

3. Where a child has been adopted only by a man or a woman, the data on the other parent of the child shall be deleted from the record and shall not be replaced by new data.

4. The change of data in the child’s birth record shall be followed by the issuance of a new birth certificate.

CHAPTER XXIV

REGISTRATION OF MARRIAGES

Article 3.298. Place of registration of marriage

Marriages shall be registered in the register office of the residence of one of the spouses or their parents as well as in the consular posts of the Republic of Lithuania.

Article 3.299. Application for the registration of marriage

1. Future spouses shall file an application of a standard format with the registration office of the residence of one of them or, at their own discretion, of that of their parents.

2. In their application future spouses shall confirm that all the conditions for contracting a marriage set forth in Articles 3.12-3.17 have been complied with; each of them shall indicate the number of their previous marriages and the number of their children.

3. The application for the registration of marriage shall be cancelled if at least one of the applicants fail to appear to register the marriage at the set time or withdraws his or her application.

Article 3.300. Documents to be presented together with the application for the registration of marriage

1. Together with their application for the registration of marriage, the future spouses shall present their birth certificate and passport or any other identification document.

2. A divorcee shall also present his or her divorce certificate.

3. The application of foreign nationals for the registration of marriage shall be accompanied with a document issued by a competent authority of their State confirming that there are no obstacles for the marriage.

Article 3.301. Time of registration of marriage

1. The marriage shall be registered no sooner than after a month from the day of filing the application for the registration of marriage.

2. At the request of the future spouses and in the event of important reasons, the head of the register office shall have a right to permit the registration of the marriage earlier than a month after the day of filing the application.

Article 3.302. Public announcement of an application for the registration of marriage

1. The filing of an application for the registration of marriage shall be publicly announced in the register office no later than two weeks before the registration day.

2. The announcement shall indicate the names, surnames and birth dates of the future spouses and the date of the registration of the marriage.

Article 3.303. Registration of marriage

1. Marriages shall be registered in the presence of both the future spouses and two witnesses.

2. Before the registration of a marriage, the official of the register office shall be obliged to check once more if all the conditions set in Articles 3.12-3.17 for contracting a marriage have been fulfilled.

3. The making of the marriage record shall be followed by the issuance of a marriage certificate.

4. The fact of the registration of marriage shall be entered in the passports or any other identity documents of the spouses by indicating the name, surname and birth date of the other spouse, the place and date of the registration of the marriage.

Article 3.304. Registration of religious marriages

1. Within ten days of the religious marriage the person authorised by the respective religious organisation shall be obliged to present to the local register office a notification of the religious marriage solemnised in the procedure set by the Church (confession).

2. Having received a notification of a religious marriage, the register office shall make a record of the marriage and issue a marriage certificate in accordance with the rules of paragraphs 2, 3 and 4 Article 3.303 hereof provided the requirements of Articles 3.12-3.17 hereof have been complied with. In such a case the marriage shall be considered to be contracted on the day of its registration in the procedure set by the Church.

3. If the registration of a marriage in the procedure set by the Church is not notified within the time limit set in paragraph 1 hereof, the marriage shall be held to have been contracted on the day when it was registered in the register office.

CHAPTER XXV

REGISTRATION OF DIVORCE

Article 3.305. Registration place of divorce

Divorce shall be registered in the register office of the district of the court that has rendered the divorce decision.

Article 3.306. Procedure for the registration of divorce

1. On receiving a court judgement on divorce, the register office shall make a record of divorce, issue divorce certificates to both the former spouses and make a record of divorce in their passports or any other identity document.

2. Having registered a divorce, the register office shall send a standard notification of the divorce to the register office that registered the marriage, while the latter shall make respective changes in its record of marriage registration.

CHAPTER XXVI

REGISTRATION OF THE CHANGE OF

A NAME, SURNAME OR NATIONALITY

Article 3.307. Procedure for the registration of the change of a name, surname or nationality

The change of a name, surname or nationality shall be registered in the register office of the applicant’s residence with the permission of the Ministry of Justice.

Article 3.308. Making changes in the records of civil status in respect of the change of a name, surname or nationality

If there is a permission of the Ministry of Justice to change a name, surname or nationality, the register office shall make the respective changes in the records of birth, marriage and divorce and shall issue a certificate on the change of the name, surname or nationality and new birth, marriage and divorce certificates.

CHAPTER XXVII

REGISTRATION OF DEATH

Article 3.309. Procedure for the registration of death

1. Death shall be registered in the offices or one of the offices referred to in Article 3.280 of the residence of the deceased on the basis of the medical certificate of death.

2. On the basis of a court decision on the assumption of death or on the determination of the fact of death, death shall be registered in the register office of the location of the court which has taken the decision.

Article 3.310. Notification of death

Death shall be registered upon the application of the relatives or neighbours of the deceased or of the owner of the home where the deceased person lived, as well as on the notification by the administration of the medical centre where the person died or the police commissariat.

Article 3.311. Time limit for the registration of death

Death shall be notified and registered within three days of the death or the time when the dead body was discovered.

Article 3.312. Death record

While registering death, the register office referred to in Article 3.280 hereof shall make a death record and issue a death certificate.

CHAPTER XXVIII

RESTORATION, SUPPLEMENTATION OR CORRECTION OF

CIVIL STATUS RECORDS

Article 3.313. Procedure for the restoration, supplementation or correction of civil status records

1. Civil status records shall be restored, supplemented or corrected by a register office provided the restoration, supplementation or correction has a justified reason and is not disputed by interested parties.

2. In case of a dispute between the interested parties, civil status records shall be restored, supplemented or corrected by a court decision.

CHAPTER XXIX

KEEPING CIVIL STATUS RECORDS AND DOCUMENTS ON THEIR CHANGES

Article 3.314. The procedure of keeping of civil status records and documents on their changes

The procedure for filing and keeping civil status records and documents on their changes shall be established by the Ministry of Justice in conjunction with the Archives Department of Lithuania.

BOOK FOUR

MATERIAL LAW

PART I

THINGS

CHAPTER I

GENERAL PROVISIONS

Article 4.1 Definition of things

Things are objects of the material world obtained from nature or manufactured.

Article 4.2 Movable and immovable things
1.

Immovable things are things immovable by nature and things movable by nature but considered immovable by law.

2.

Immovable things are parcel of land and things related thereto, which cannot be moved from one place to another without altering their essence and without significantly reducing their value.

3.

Movable things are things that can be moved from one place to another without altering their essence and without significantly reducing their value.

4.

A movable thing incorporated with an immovable thing that has lost its individual characteristics, shall be deemed a part of an immovable thing.

5.

A movable thing that is physically fastened or else attached to an immovable thing, also making part thereof, but without losing its individual characteristics, shall not be considered an immovable thing.

6.

Consistent parts of an immovable thing separated therefrom temporarily maintain their properties of an immovable thing if these parts are to be restored thereto.

7.

Rules established for immovable things may be applied to movable things and vice versa, provided this is established by law or by agreement between parties on condition such agreement does not contradict the law.

Article 4.3 Fungible and non- fungible things
1.

Fungible things are those for which only the properties of the kind are taken into consideration, which do not possess individual characteristics.

2.

Non-fungible things are those that possess individual characteristics.

Article 4.4. Things with individual characteristics and things with properties of a kind
1.

Things shall be deemed to have individual characteristics when they are distinguishable from other things of the same kind by some characteristics or other.

2.

Things shall be considered to have properties of a kind when they have characteristics common to a kind of things.

Article 4.5. Consumable and non-consumable things
1.

Consumable things are such as once used according to their destination are immediately destroyed, lost or undergo an essential change.

2.

Non- consumable things are such as once used according to their destination remain without essential changes in terms of their value and purpose for a long time.

Article 4.6 Divisible and indivisible things
1.

Divisible things are such as may be divided physically without changing their essential properties and where each part thereof may be used as a self-contained unit.

2.

Indivisible things are such as once divided physically change their essence, as well as things divisible by nature that are recognised indivisible by law.

3.

Divisible things by nature may be recognised as indivisible if the parties so agree.

Article 4.7. Things taken out of circulation, things in limited circulation and things remaining in circulation
1.

Each person may own any things provided these are not taken out of circulation or are not in limited circulation.

2.

Things out of circulation shall be the exclusive property of the State.

3.

Things in limited circulation are things with certain properties whose circulation is limited due to safety, health concerns, or other public needs.

Article 4.8. Household things

Household things are all things used in household activities such as movable things, furniture, decorative items, with the exception of book collections (libraries), collections of art works and other valuable collections, as well as items of scientific or historic value.

Article 4.9. Encumbrances of Real Rights
1.

Encumbrances of real rights are obligations related to the thing.

2.

Encumbrances of real rights shall pass on to the new owner together with the thing. When the encumbrances of real rights have to be registered, only the registered encumbrances shall be passed on to the new owner with the thing. In cases established by law or by mutual consent of the persons involved, encumbrances of real rights together with the thing may be transferred on to another person.

3.

When immovable thing is partitioned or joined with another immovable thing, real rights and encumbrances registered in the public register shall remain unless otherwise stipulated by law.

Article 4.10. Thing expenses
1.

Thing expenses fall into common and extraordinary.

2.

Common thing expenses are those necessary for the security of the thing and in order to protect the thing from destruction or marked deterioration.

3.

Extraordinary expenses are such as used for thing melioration or in order to increase income from such thing.

Article 4.11. Things by value
1.

By their value things fall into those with common value, those with special value and those that have a value based on personal considerations.

2.

The common value of a thing shall depend on the usefulness of the thing.

3.

The special value of a thing shall depend on the use that a person obtains possessing, using or disposing of the thing.

4.

The value based on personal considerations shall depend on the qualities that a person attributes to the thing due to his exclusive relationship with the said thing, irrespective of the use that may be usually recovered from the said thing.

SECTION TWO

PRINCIPAL AND AUXILIARY THINGS

Article 4.12. Principal things

Principal things are such as may be an independent objects of legal relationships.

Article 4.13. Auxiliary things
1.

Auxiliary things are such as exist only in conjunction with principal things or belonging to principal things, or otherwise associated thereto.

2.

Auxiliary things fall into essential parts of principal things, fruit obtained from principal things, product and income, and appurtenances of principal things.

Article 4.14. Treatment of auxiliary things
1.

Auxiliary things shall be treated in the same way as principal things, unless otherwise provided by law.

2.

When during the process of transferring a principal thing to another owner a dispute arises regarding an auxiliary thing, the auxiliary thing shall be transferred to another owner together with the principal thing, unless proven that the opposite should apply.

Article 4.15. Essential parts of a principal thing

Essential parts of a principal thing are such as are inseparably connected to and incorporated into the principal thing, so that without these the principal thing could not be used according to its essence or would be recognised as incomplete.

Article 4.16. Fruit

Fruit are things which are bound to separate, separate or are separated from the principal thing as the latter matures organically, without damaging the integrity and purpose of the principal thing.

Article 4.17. Output

Output is work- created things that are produced as a result of a manufacturing process that uses principal things.

Article 4.18 Income
1.

Income obtained from a thing is money and other material goods which are obtained by using the principal thing in civilian turnover.

2.

Income may also be all things that may be obtained by using the principal thing in various modes. In this sense, income is not only things as described in paragraph 1 of this Article but also fruit and output.

Article 4.19. Appurtenances
1.

Appurtenances are independent secondary things meant for serving the principal thing, which are constantly linked to the principal thing by their qualities.

2.

The putting together of two or more things does not render one of these things an appurtenance if there are no characteristics described in paragraph 1 hereof.

PART TWO

REAL RIGHTS

CHAPTER III

GENERAL PROVISIONS

Article 4.20. Definition of real rights

Real right is an absolute right that manifests itself by the right of the owner to implement the right of possessing, using, disposing or by some of these rights.

Article 4.21. Legal regime of real rights

A legal regime established for immovable things shall be applied to real rights regarding immovable things, and legal regime established for movable things shall be applied to real rights to movable things, unless otherwise stipulated by law.

CHAPTER IV

POSSESSION

SECTION I

GENERAL PROVISIONS

Article 4.22. Possession
1.

Possession as an independent real right to things which is the basis for acquiring property right according to acquisitive prescription, is the actual holding of a thing with a purpose to have it as one’s own.

2.

Possession is not considered an independent real right to a thing when the actual holder of a thing recognises another person as the possessor or owner.

Article 4.23. Legal and illegal possession
1.

Possession of a thing may be legal and illegal.

2.

Possession of a thing shall be considered legal when the thing is acquired on the same basis as property right. Possession shall be considered legal unless the opposite is proven.

3.

Illegal possession is such as exercised by force, in a clandestine manner, or by violating other legal acts.

Article 4.24. Object of possession

Any thing that may be the subject-matter object of real right shall be a subject-matter object of possession.

SECTION TWO

ACQUISITION AND IMPLEMENTATION OF POSSESSION

Article 4.25. Acquisition of possession
1.

Possession may initiate by taking over a thing, or by transferring on or inheriting the right of possession.

2.

Possession shall initiate by taking over a thing physically, when the person who has taken over may affect the thing as he wishes. Also, by taking over a thing the person must express one’s will to have the thing as one’ own.

3.

A person may possess a thing without a direct or indirect physical contact between himself and the thing.

Article 4.26. Acquisition of possession in good faith and in bad faith
1.

Possession may be acquired in good faith and in bad faith.

2.

Possession shall be deemed in good faith until the opposite is proven.

3.

Possession shall be deemed to be in good faith when the person who takes possession is convinced that nobody has more rights to the thing that he is taking over than himself.

4.

Possession shall be deemed to be in bad faith when the possessor knew or had to know that he had no right to acquire possession of the thing or that another person had more rights to the said thing.

Article 4.27. Acquisition of possession of immovable thing
1.

Possession of immovable thing may initiate by taking over the thing physically and when the person relinquishing the immovable thing indicates that the thing has been relinquished, provided no impediments exist to accede to the thing or to possess it physically in some other way.

2.

Possession of immovable thing shall initiate as of the moment of the registration of possession in public register.

3.

Possession cannot be registered in public register if real right to this thing has already been registered.

Article 4.28. Acquisition of possession of movable thing

Acquisition of possession of movable thing shall start:

1)

when the person desiring to acquire the possession of movable thing takes the thing into his hands,

2)

when the person desiring to acquire possession of movable thing has started safekeeping the thing or safekeeping is being carried out upon his instruction;

3)

when upon the instruction of the person desiring to acquire possession of a thing the latter is given to a person nominated by him;

4)

when a thing is placed in a premise owned by the person desiring to acquire possession of the thing,

5)

when the person desiring to acquire possession of the thing is given the keys to a premise containing the thing,

6)

when a person desiring to acquire possession marks nobody’s thing accordingly;

7)

when a thing to be captured entered a trap, a net etc.,

8)

upon completion of other acts expressing a person’s will to acquire possession of a thing.

Article 4.29. Acquisition of possession through another person

If a person relinquishing the possession of a thing through another person had the intention to relinquish such thing to a concrete person, possession of a thing so relinquished starts also if the person through whom the thing is relinquished would like to acquire the thing for himself or for yet another person.

Article 4.30. Actual possession through another person

The possessor may possess a thing through another person who must obey the instructions of the possessor.

SECTION THREE

PROVISIONS REGARDING THE TERMINATION OF POSSESSION

Article 4.31. Termination of possession
1.

Possession shall be terminated when the possessor relinquishes his as possessor’s rights to the thing, i.e. when he relinquishes the actual possession of a thing or keeping it as his own, and in other cases provided by law.

2.

Relinquishing of possession shall be clearly expressed or implied.

3.

The possessor’s non-use of an immovable thing does not indicate that he relinquishes possession thereof if his wish to relinquish possession may not be implied from other circumstances.

Article 4.32. Termination of possession of movable thing

Possession of movable thing shall terminate upon the possessor’s losing the ability to affect the thing as he wishes, when:

1.

the thing’s possession is taken over by another person, even if in a clandestine manner or by force,

2.

the possessor has lost the thing and fails to find it,

3.

the possessor may not have the thing for other reasons.

Article 4.33. Termination of possession of immovable thing
1.

Possession of immovable thing shall be terminated when the possessor not only loses the ability to affect the thing as he wishes, but when he undertakes no means to restore such ability.

2.

Possession of immovable thing shall terminate when the efforts of the possessor to restore the effect upon the thing have been unsuccessful.

3.

Possession of immovable thing shall terminate as of the moment the registration of possession in the public register is cancelled.

SECTION FOUR

PROTECTION OF POSSESSION

Article 4.34. Protection of possession
1.

Each possessor is entitled to defend his current possession and to retake the possession that has been taken away forcefully.

2.

The possessor may demand remuneration by a court order not only of the protection of possession but also of the losses incurred due to breach of possession.

3.

A possessor in good faith may be remunerated for the expenses incurred due to the holding of possession, with the exception of cases when these are indemnified by the income received from the possession. A possessor in good faith shall also have the right to keep the parts that have been added to meliorate the possession, provided their removal does not cause damage to the possession. If these parts cannot be separated, a possessor in good faith shall have the right to demand compensation for the expenses incurred due to the melioration, but no higher than the increase in the value of the possession.

Article 4.35. Violation of possession
1.

Possession may be violated by taking or attempting at taking the possession or a part thereof, as well as the rights thereto or by impeding the possession. Violation of possession may be expressed by threats that cause real danger to the possession.

2.

Actions coinciding formally with the description given in paragraph 1 of this Article shall not be considered violations of possession provided the person indicated as the violator of possession proves that the possession by the plaintiff has originated from him illegally.

3.

The claim by the person indicated as the violator of the possession that the possession by the plaintiff originated illegally from a third person shall not be considered the reason to recognise that the person indicated as violator of possession has not violated the possession.

Article 4.36. Disputes regarding possession
1.

If a dispute regarding possession arises when two or more persons claim to be the possessors of the same thing and when they furnish facts proving that heir possession continues, the possession of the person that proves that he is the legitimate possessor of a thing shall be defended.

2.

If none of the persons involved in a dispute manage to prove this, the possession by the person that was the first to enter in possession shall be defended.

CHAPTER V

RIGHT OF OWNERSHIP

SECTION ONE

GENERAL PROVISIONS

Article 4.37. Definition of ownership right
1.

Ownership right is the right to manage, possess, use and dispose of a object of ownership right at one’s volition, without violating the laws and the rights and interests of other persons.

2.

The owner shall enjoy the right to pass the entire object of ownership rights or a part thereof to another person, or only specific rights stipulated in paragraph 1 of this Article.

Article 4.38. Object of ownership right

The subject-matter object of ownership right may be things and other property.

Article 4.39. Limitation of ownership right
1.

Right of ownership may be limited by the will of the owner, by law, or by court judgement .

2.

If doubts regarding the limitation of right of ownership arise, it shall be considered in all cases that the right of ownership is not limited.

Article 4.40. Content of the rights of owners of a land parcel
1.

The owner of a land parcel shall have as his ownership the upper layer of the soil of the parcel, the construction works and the appurtenances constructed on the parcel, as well as other immovable things, if the law does not provide otherwise.

2.

The owner of a land parcel shall enjoy such rights to the space above his parcel as do not contradict the law and as necessary for the intended use of the parcel.

3.

The owner of a land parcel shall have ownership right to the topsoil of the parcel and to the minerals in the soil in so far as this does not contradict the law and as is necessary for the intended use of the parcel.

Article 4.41. Content of ownership right of animals

The owner of animals, in realising the ownership right, must follow the laws governing the protection and keeping of animals, and other requirements stipulated by legal acts.

Article 4.42. Right to parts of trees, bushes, and other vegetation of neighbouring parcels and their fruit
1.

The owner of a land parcel shall have the right to cut off and take such roots and branches of trees, bushes, and other vegetation growing in a neighbouring parcel as grow on his parcel, when he has requested in advance the owner of the neighbouring parcel that such removal should be carried out, establishing the timeframe for their removal and seeing the failure to remove them in the timeframe established.

2.

This right shall not pertain to the owner of a land parcel if the roots and branches of trees, shrubs and other vegetation growing in a neighbouring parcel do not impede the cultivation of the land parcel.

3.

In all cases the owner of a land parcel acquires ownership right to fruit received from the branches of trees, shrubs and other vegetation growing on the neighbouring parcel that extend on to his parcel, and to fruit obtained from the stalks, twigs and roots of other plants growing on a neighbouring parcel that extend to his parcel.

Article 4.43. Temporary use of land parcel of another’s ownership for transport
1.

The owner of a land parcel that has lost access to a public road, necessary for the intended use of his land parcel, may demand from the owners or users of neighbouring parcels that these should allow him, for transport purpose, to use their parcels until the obstacle that has interrupted transport, shall be removed. Disputes regarding the direction of a temporary road and the right to use it, if necessary, shall be decided in court.

2.

The owners of neighbouring parcels over which a temporary road is made, shall be compensated for the losses incurred due to the making of the road in advance.

Article 4.44. Impossibility to use temporarily another’s land parcel for transport

The owner of a land parcel which has lost access to a public road, necessary for the intended use of the parcel, may not demand from his neighbours temporary access across their parcels if his own intentional acts have interrupted access from his parcel to the public road.

Article 4.45. Delimitation of land parcel
1.

When the owners of land parcels fail to agree on the disputed limits of their parcels and these are not clear from the existing documents, the parcels shall be delimited by the court on the basis of pertinent documents, the limits of the actual parcels, and other evidence. If the limits cannot be established, each parcel shall be given an equal part of the plot under dispute, but none of the parcel formed in such manner can differ in size from the existing legally established parcel.

2.

The expenses of parcel delimitation shall be borne by both parties in equal parts, unless otherwise provided by agreements governing their mutual relations or established by court.

Article 4.46. Right to immovable things marking the limits of a land parcel
1.

Owners whose parcels are separated by a fence, trees, shrubs, wall or other immovable things that serves both parcels and marks the limits of these parcels, shall have the right to jointly use the objects, if it cannot be established that these objects belong to one specific owner.

2.

The owner that jointly uses immovable things marking the limits of his land parcel, shall have the right to use it according to its purpose in so far as this use does not interfere with the owner of the neighbouring parcel. Expenses related to the maintenance and protection of such objects shall be paid in equal parts, unless decided otherwise.

3.

The owner of one parcel cannot remove or alter the jointly used immovable things marking the limits of the land parcel without the agreement of the other owner.

4.

Other legal relations between the owners of neighbouring land parcels regarding the immovable things marking the limits of the parcels shall be established by provisions of joint ownership.

SECTION TWO

PROVISIONS REGARDING ACQUISITION AND LOSS OF OWNERSHIP RIGHT

Article 4.47. Provisions regarding the acquisition of ownership right

Ownership right may be acquired in the following way:

1)

by contract,

2)

by inheritance,

3)

by appropriating fruit and income,

4)

by producing a new thing,

5)

by appropriating a owner-less thing,

6)

by appropriating wild animals, wild and domestic bees,

7)

by appropriating stray and guardian-less domestic animals,

8)

by appropriating a find or a treasure,

9)

by obtaining, upon compensation, inappropriately kept public cultural values and other items (property),

10)

by confiscation or else alienating things (property) as a retribution for violation of the laws,

11)

by acquisitive prescription,

12)

as else described by law.

Article 4.48. Acquisition of ownership right by transfer
1.

The right of ownership may be transferred to another person only by the owner of a thing or by a person given such powers by the owner.

2.

The new owner acquires such rights and obligations regarding the transferred thing (property) as had the former owner of the thing (property), if the laws and the contract do not stipulate otherwise.

Article 4.49. The moment from which the acquirer of the thing by contract acquires ownership right

1.The acquirer of a thing (property) acquires the ownership right to the thing (property) as of the moment these are transferred to him, provided the laws or the contract does not stipulate otherwise.

2.The right of ownership to an immovable thing by contract is acquired as of the moment established by law.

3.The contract may stipulate that the ownership right shall pass to the acquirer only after the latter shall have carried out a condition established in the contract.

4.Ownership right to a future thing, with the exception of a thing subject to registration, may be transferred by contract in advance.

Article 4.50. Transfer of property to the acquirer
1.

The transfer of a thing gives the acquirer the opportunity to use the thing transferred according to its purpose, with due regard to the condition of the thing and to its legal status.

2.

The transfer is the passing into ownership of a thing to the acquirer, as well as the passing over of a thing, given without the duty to deliver to the destination, to a transport company for delivery to the acquirer and delivery by post to the acquirer, if the laws and the contract do not provide for differently.

3.

Transfer of a bill of lading or another document testifying to the disposal thereof equals to the transfer of the thing.

Article 4.51. Acquisition of things having a special import

Things having a special import to the economy of the Republic of Lithuania, to the public or to national security, or for other reasons (weapons, heavily poisonous substances, etc.) may be acquired only upon special permission. Such things and the order of obtaining permits necessary to acquire them shall be established by law.

Article 4.52. The risk of accidental perish or damage of a transferred thing
1.

The risk of accidental perish or damage of a thing being transferred shall pass to the acquirer at the moment that he acquires the ownership rights, unless otherwise stipulated by law or by contract.

2.

If the transferor misses the deadline to transfer the thing or the acquirer misses the deadline to receive the thing, the risk of accidental perish or damage of the thing shall be upon the party that has missed the deadline, unless otherwise stipulated by law or by contract.

Article 4.53. Ownership right to fruit and income
1.

The fruit borne by a thing and increase in animal stock belong to their owner unless the law or the contract establish otherwise.

2.

The results of economic use of a thing- output or income- belong to the owner of the thing unless the law or the contract establish otherwise.

Article 4.54. Things arising from joining movable things
1.

When movable things which are property of several owners join to form a new thing and there is no possibility to return them to their original state by partitioning them, or if the partitioning is fraught with excessive costs, when the owners have not agreed specifically upon joining the things, the new movable property arising therefrom shall be considered joint property whose parts belong to each of the co-owners in proportion to the value of the property so joined.

2.

If movable things belonging to different owners were joined without the consent and knowledge of one of these (others) and if there is a possibility to partition them and return them to their original state, this shall be done at the expense of the person that joined them.

Article 4.55 Making of a thing from another’s material
1.

A person who has made a new thing from another’s material becomes its owner, if the value of the work is larger than the value of the material and if the person did not and could not know that the material is somebody else’ ownership. In such case the person who has used another’s material shall recompense its value to the owner.

2.

If the value of the material is greater than the value of producing the thing, the owner of the material shall be owner of the thing. He shall have the right to keep the thing and recompense the value of its making, or renounce the thing in favour of the maker and claim compensation from the latter.

Article 4.56. Making of a thing from own and another’s material
1.

A person who has produced a new thing from his own and another’s material shall become the owner of the thing if the value of the work and that of the own material is greater than the value of another’s material and if such person did not and could not know that the material was another’s ownership. In such case the person who made use of another’s material shall repay to the owner the value of the material used.

2.

If the value of another’s material is higher than that of the work and own material, the owner of such material shall be considered the owner of the thing. He shall have the right to keep the thing and to pay for the making and for the other share of the material to the maker or renounce the thing in favour of the maker and claim compensation from the latter.

Article 4.57. Thing without owner
1.

A thing that does not have an owner or whose owner is unknown shall be considered an ownerless thing.

2.

A thing acquired in good faith and legally possessed shall not be considered ownerless when the possessor has not yet acquired the right to such thing by prescription.

3.

Movable ownerless things includes animals and inanimate movable things which have not been anybody’s property or which have been renounced by the owner, or which have been lost or hidden (find), including a treasure trove.

Article 4.58. Acquisition of ownership right to an ownerless thing
1.

An ownerless thing may be given as ownership only to the State or to municipalities by a court judgement, adopted on the basis of an application by a financial, control or municipal institution. The application shall be submitted a year from the day the thing was included in the register, unless the law stipulates otherwise.

2.

The procedure of disclosure of and accounting for an ownerless thing shall be established by the Government.

3.

Ownership of an ownerless thing may not be acquired if this is prohibited by law or if the appropriation of such a thing violates another individual’s right to appropriate the thing (right to a treasure trove etc.).

4.

Movable things which had no owner or which have been relinquished by the owner by a direct statement to the effect or by discarding the thing, become ownership of a person that started possessing them.

Article 4.59. Wild animals

Wild animals in a state of freedom which have been caught or shot as provided by law, become property of the person that caught or shot them, unless the law provides otherwise.

Article 4.60. Wild and domestic bees
1.

A swarm of wild bees shall be considered ownership of a person on whose land parcel it was caught.

2.

The owner of bees shall enjoy the right to pursue a swarm of bees on another person’s territory provided he indemnifies the damage caused by such pursuit.

3.

The owner of a swarm of bees shall lose ownership right thereto if he has not pursued the bees within 24 hours as of the moment the bees were adopted by another person or when the bees have settled on another person’s land.

4.

If a swarm of bees joins the bee hive of another bee keeper, the owner of arriving bees loses ownership thereof.

Article 4.61. Untended and stray domestic animals

1.A person that catches an untended or stray domestic animal shall immediately inform thereof the owner of the animal and restitute such animal to him, or, if he does not know the owner of such animal or his address, shall inform the police or a municipal office within three days of the capture of the animal.

2.Police or municipal institution shall take measures to find the owner of the domestic animal and, in keeping with veterinary rules, during this period shall entrust the animal for keeping and using to its finder or shall entrust it for keeping and using to the nearest person engaged in agriculture and capable of duly tending to the animal, when the finder of the domestic animal does not engage in agriculture or does not have adequate conditions for keeping the animal.

3.If the owner of untended and stray working domestic animals (and their offspring) is found after one month, and that of domestic animals (and their offspring) within two weeks since the day they were given for keeping and using, such animal shall be returned to the owner. The owner shall repay the expenses of keeping the animal to the person that has tended the animal in the meantime, including the profit borne by it.

4.If the owner of the animal is not found in such time, he shall lose the right of ownership to such animal. In such case the animal shall remain, without recompense, to the person who has tended it.

Article 4.62. Finds
1.

A find is a lost thing whose owner is unknown.

2.

A person who has found a find shall restitute it to the owner if such is know. If such person is not known, the finder shall bring the find to the police within a week of the act of finding, and submit it to the police, if he cannot or shall not keep the thing himself.

3.

The finder or the police shall keep the find for six months. Using the find during this period is prohibited. If in this time the owner of the thing is found, the thing is restored to the owner, with prior compensation by the owner of the expenses of keeping the thing and other expenses related thereto. If during the given term the owner is not found, the thing gratuitously becomes ownership of the finder, on condition that the finder agrees to cover the expenses of keeping and other related expenses when the find was stored elsewhere. If the finder does not agree to cover the expenses, the find shall become ownership of the State, gratuitously, while the finder shall be recompensed the expenses related to the find.

4.

Legal acts may establish other legal provisions regarding finds.

Article 4.63. Perishable ownerless goods and finds
1.

When an ownerless find may perish due to long storage or lose a part of its inherent qualities, the police, financial, supervisory or municipal institution shall take measures to sell the thing, when that is possible, while keeping the money received from selling for the person who has lost the thing. When the thing cannot be sold, it shall be destroyed.

2.

If the owner of the thing is found after the thing was sold, the owner shall receive the amount of money recovered for the thing, less the amount for storing, selling and notifying about the find.

3.

When the owner of a perishable find is not found within the term established by paragraph 1 of Article 4.58, the money received from selling such thing shall be transferred to the State as established by law.

4.

If a person who had lost the thing which was sold as perishable, is not found in six months since the day of finding such thing, the money received from selling the thing shall be given to the finder, less the amount used for storage and selling of and notification about the find.

Article 4.64. Compensation for the find
1.

The person who has found a thing and restored it to the owner or submitted it to the police in the order established by law, shall have the right to compensation from the owner of the lost thing for expenses related to the storage of the find and to pass on the recompense and pay for the find. The owner who has lost a thing shall pay the finder a fee of five per cent from the value of the found, if the owner has not promised a higher recompense for the find or if he has not agreed upon a higher pay with the finder.

2.

A fee for finding a thing shall not be paid when the finder has not informed about the find in due time and due order or if he, when asked, concealed the fact of finding.

Article 4.65. Treasure trove
1.

A treasure is money or valuables dug in the ground or otherwise hidden, whose owner cannot be established, mostly because a considerable period of time has passed since the concealment.

2.

A person who has found a treasure trove in his own land or in another thing owned by the person, shall become owner of the finder.

3.

It is prohibited to search for treasure trove in another person’s land or property. A person who violates this rule shall not receive a part of the treasure trove, and the entire treasure trove shall become ownership of the person in whose land or other property the treasure trove was found.

4.

The person who found a treasure trove in another person’s land or other property by chance or with the permission of the owner to look for a treasure trove, shall receive one-fourth of the treasure trove, while three-fourths shall be given to the owner of the land or other property where the treasure trove was found, unless they have agreed otherwise. The agreement shall be made in writing.

5.

If the digging of or search for valuables is part of the job description of the person, such person shall not acquire right of ownership to the treasure trove or a part thereof.

6.

If a treasure trove has a historic, cultural, or archeological value and is appropriated, by law, for public benefit, the persons that have the right to recompense as stipulated in this article, shall be duly recompensed.

Article 4.66. Improper keeping of cultural heritage
1.

When a person keeps improperly a property that has public value due to its historic, artistic or other properties, the public institution whose role is to protect such heritage, shall warn the owner about the improper keeping of such items. If the owner fails to fulfill the requirements, such property may be taken from him following a claim by relevant institution. Such taken things shall become state property. The person shall be recompensed for the value of the things taken, upon establishing such value by agreement between the former owner and the relevant institution, or, in case of a dispute, by court.

2.

In case of urgency, a claim regarding the appropriation of indicated property may be submitted without warning.

Article 4.67. Expropriation of a thing

The State may expropriate a thing from an owner for the benefit of the public good, with due recompense, or without recompense, as a sanction for violation of the law, only in cases and in the order established by law.

SECTION THREE

ACQUISITIVE PRESCRIPTION

Article 4.68. Definition of acquisitive prescription
1.

A physical or juridical person who is not the owner of a thing but as acquired the thing in good faith and has possessed it in good faith, legitimately, openly, continuously as his own an immovable thing for at least ten years, and movable thing for at least three years, when during the entire such period the owner of the thing had the legal possibility to implement his rights to the thing but has not used them once, shall acquire ownership right to such thing.

2.

The fact of acquisition of ownership by acquisitive prescription shall be established by court.

Article 4.69. Things acquired by acquisitive prescription
1.

Such things may be acquired in ownership by acquisitive prescription that may be subject object of private ownership .

2.

Ownership by acquisitive prescription shall not apply to things obtained by force or in a clandestine manner, irrespectively of whether the person who has obtained the thing by force or in a clandestine manner way himself or somebody else seeks to acquire ownership right in this manner.

3.

Acquisitive prescription shall not apply to ownership right to things that are property of the State of a municipality, or things registered on another person’s (not the possessor’s) name.

Article 4.70. Property acquired and possessed in good faith
1.

A person acquiring property by acquisitive prescription must act not only in good faith, that is, by possessing the thing he must be convinced that nobody else has more rights to the thing he is, but he must also remain a possessor in good faith during the entire period of acquired prescription, and even upon acquiring the thing in ownership he must not know about impediments that hinder his acquiring the said ownership, if such impediments existed.

2.

A possession in bad faith of a part of a thing or several parts thereof does not prevent the possessor from acquiring by acquisitive prescription and in good faith other parts thereof.

3.

If the right to possession is acquired through a representative, good faith is required from both the agent and the principal.

Article 4.71. Continuous possession

1.Possession of a thing shall be deemed continuous when a person has possessed the thing uninterruptedly from the moment of acquiring the right of possession to the moment of acquiring the thing by acquisitive prescription.

2.If during the period of acquisitive prescription the possession of a thing passed on to several persons and the possession of each of these persons met the requirements indicated in Article 4.68 of this Code, then the time of possession of these persons shall be calculated together.

3.Acquisitive prescription shall not be interrupted by the loss of a thing without the volition of the possessor, provided the possession was restored within a year.

4.If the owner of the thing to which acquisitive prescription applies did not have a legal opportunity to implement his right to the thing, the counting of acquisitive prescription shall be suspended for the period that such impediment exists.

SECTION FOUR

CO-OWNERSHIP RIGHT

Article 4.72. Definition of common ownership and its subjects
1.

Co-ownership right is the right of two or several owners to possess, use, and dispose of the object of the right of ownership held by them as common.

2.

A co-owner may be any person that can be the subject of property relations.

Article 4.73. Kinds of co-ownership
1.

Common partial ownership is ownership when shares of each co-owner are established in the co-ownership, while common joint ownership right is ownership when such shares are not established.

2.

Common ownership right shall be deemed partial, unless the laws provide otherwise.

3.

When the size of specific shares of each co-owner is not established, it is assumed that these shares are equal.

Article 4.74. Object of common ownership right

Any thing or other property may be the object of co-ownership right, unless otherwise provided by law.

Article 4.75. Implementation of co-ownership rights
1.

The object subject to common partial ownership is possessed, used and disposed of by a common agreement of co-owners. In case of disputes, the order of possession, use or disposal is established by a judicial procedure on the basis of a claim by one of the co-owners.

2.

If a object of common partial ownership was directly possessed, used and disposed of not by all co-owners, then the other co-owners have the right to receive a respective report annually or immediately after they have ceased to directly possess, use and dispose of the property held in common partial ownership.

Article 4.76. Rights and duties of co- owners in possession and maintenance of common partial ownership

Each of the co-owners in proportion to their respective shares shall have the right to the profits obtained from thing (property), shall be accountable to third persons in relation to duties related to a thing (property), held in co-ownership and shall pay expenses related to its maintenance and preservation, taxes, dues and other payments. If one of the co-owners fails to fulfill the obligation to maintain and take care of thing (property), the other co-owners shall have the right to a compensation for losses thus incurred.

Article 4.77. Change of rights of co-owners due to increase of common partial ownership
1.

If a co-owner, in agreement with the other co-owners and in keeping with the rules established by relevant laws, increases the thing owned in common or the value thereof, the share of such co-owner in the common partial ownership and the order of the use of such thing owned in common shall be changed respectively, upon his demand.

2.

If a co-owner increases the thing owned in common or the value thereof without the consent of the other co-owners, he shall acquire the right to that increased part, provided it can be partitioned without causing damage to the entire thing. If the increased part of a thing or its value cannot be partitioned from the main body without causing damage to the thing, the shares of all the co-owners shall increase in proportion to their shares of property held in common.

Article 4.78. The right of a co-owner to transfer or encumbrance the right to his share of the thing held in common partial divided ownership

Each co-owner shall have the right to transfer in possession of, lease or otherwise alienate, mortgage or encumbrance in some other way all or a part of his share held in common partial ownership, with the exception where this Code stipulates otherwise.

Article 4.79. Priority right to buy shares held in co-ownership
1.

Co-owners shall enjoy the right to buy the share in sale of the commonly owned property at a price at which it is sold, and under the same conditions, with the exception of cases when the sale takes the form of a public auction.

2.

The seller of a share commonly owned shall inform the other co-owners in written form about the intention to sell his part to others than the co-owners, indicating the price and other conditions of sale. When a share of an immovable thing commonly owned is sold, such information shall be given through a notary. When the other co-owners renounce their priority right to buy the share or fail to use such right to the immovable thing within one month, and to other thing, within ten days from the day of receipt of such notification, provided the co-owners have not agreed otherwise, the seller shall have the right to sell his share to any person.

3.

If the share is sold in violation of priority right to buy it, the other co-owner shall have the right, within three months, to demand through court, the transfer of buyer’s rights and obligations to him.

4.

The seller and buyer of a share of common property are jointly responsible for the obligations pertaining to the share of the thing on sale, arising from the sale of the thing with regard to the other co-owners.

Article 4.80. Partitioning of common partial divided property
1.

Each co-owner shall have the right to demand that his share should be partitioned from the common partial ownership.

2.

Provided no agreement is reached regarding the mode of partitioning, the thing shall be divided in kind possibly without disproportionate damage to its destination; in other cases, one or several of the co-owners thus partitioned shall receive compensation in money.

3.

A creditor of a co-owner shall have the right to partition the debtor’s share, in order to claim it.

4.

If one of co-owners is incapable of action or under age, in partitioning his share of co-ownership, a tutor (care) institution shall be present.

Article 4.81. The order of use of houses, flats and other immovable things owned in common
1.

Co-owners of a house, flat or other immovable things shall have the right upon common agreement to establish the order for the use of specific parts of isolated spaces of that house, flat or other immovable things , with regard to their respective shares of common partial property.

2.

If the agreement as stipulated in this article is certified by a notary and registered in a public register, it shall be obligatory also to a person that acquires a part of the house, flat or other immovable thing held in common partial ownership at a later time.

Article 4.82. Right of common partial divided ownership to flats and other premises
1.

Owners of flats and other premises shall have common ownership right to commonly used premises of a house, to carrying constructions, mechanical, electrical, sanitary- technical and other equipment of common use.

2.

The owner of a house, flat or other premises shall have no right to transfer his share of the common partial property, as described in paragraph 1 of this Article, or perform other acts due to which that share would be transferred separately from ownership right to the flat or other spaces, with the exception of cases when a part of thing held in common partial ownership, which can be, or will be after restructuring, used as a separate thing, this use being no impediment to the use of flats or other premises according to their destination, is transferred.

3.

Owners of flats and other premises shall pay a proportionate share of expenses of the maintenance and protection of the house, as well as of taxes, dues, and other fees, and shall make regular contributions into the renovation fund of the house.

4.

The rules stipulated in Article 4.79 of this Code shall also apply when owners of flats and other premises of a house sell to other persons their entire share or a part of their proportionate share of the property held by them in common partial ownership (attic, cellar, etc.). If the share on sale of the thing held in common partial ownership is or can be used to meet the needs not of the entire building but of the owners located in a part thereof (separate stairwell/ entrance etc.), without violating the rights of the owners of premises present in that building, then notification shall be made regarding the sale of that part held in common partial ownership to the owners of premises located in that part of the building, and only these latter shall enjoy priority right to buy it.

5.

The share of common partial property owned by the owner of a flat or other premises shall be equal to the proportion between the useful space owned by him and the entire useful space of the building.

Article 4.83. Rights and duties of owners of flats and other premises to use common partial property
1.

Owners (users) of flats and other premises shall have the right to use parts of common use of a dwelling according to their function, on condition such use does not violate the rights and rightful interests of other space owners (users).

2.

Owner of flats and other premises shall also have the right:

1)

to take necessary measures without prior consent of other owners (users) in order to prevent damage and eliminate threats to parts of common use, and demand from the other owners of flats and premises compensation for expenses in proportion to the share of these owners in the common partial property.

2)

Demand from other owners (users) of flats and other premises that the possession and use of parts of common use of a dwelling should be in correspondence with the rights and rightful interests of other owners (users). The rightful interests of owners of flats and other premises shall include establishing internal rules of a dwelling, due maintenance and care of parts of common use, preparation of a financial and economic plan for the maintenance of a dwelling, accumulation of renovation funds for parts of common use.

3.

Owners (users) of flats and other premises shall possess, duly maintain, repair and otherwise tend to the parts of common use. For the possession of parts of common use of a multi-flat dwelling, owners of flats and other premises shall establish an association of owners of flats and other premises or shall make up an contract on joint activity.

4.

Owners (users) of flats and other premises do not have to pay expenses incurred without their consent and which are not related to compulsory requirements regarding the use and care of construction works established by laws and other legal acts, or when there is no decision by the administrator or by a meeting of owners of flats and other premises as established by Articles 4.84 and 4.85 of this Code.

5.

Owners (users) of flats and other premises shall allow appointed persons to repair and otherwise put in order the mechanical, electric, technical and other equipment of common use that is situated in their flat or other premises.

6.

Owners of flats and other premises shall have the right to income received from parts in common use, in proportion to their share in the common partial divided property.

Article 4.84. Administration of common partial ownership of owners of flats and other premises, when such owners have not formed a condominium or have not made a contract on joint activities (partnership)
1.

When owners of flats and other premises have not established an condominium of owners of flats and other spaces of a living house or have not made a contract on joint activities (partnership), also when an condominium has been liquidated or a contract has terminated, an administrator of parts in common use shall be appointed.

2.

Such administrator shall be appointed by the mayor (board) of a municipality or his (her) representative. The administrator shall administer the property in accordance with Article 4.240 hereof.

3.

The administrator shall act in accordance with regulations endorsed by the mayor (board) of the municipality. Standard regulations on the administration of co-ownership of flats and other spaces shall be approved by the Government or an institution delegated thereby.

4.

The expenses of administration shall be covered by owners of flats and other premises in proportion to their share of property in the common partial ownership.

5.

Administration shall be terminated as established by Article 4.250 hereof, as well as upon registration of the statutes of an condominium of owners of flats and other premises of a living house, or upon making of a contract on joint activities (partnership).

6.

Rules stipulated in Chapter XIV of this Book shall apply, mutatis mutandis, to the activities of the administrator.

Article 4.85. Implementation of right of common partial ownership of owners of flats and other premises
1.

Decisions regarding the possession and use of parts of common use shall be taken by the majority of votes of the owners of flats and other premises, provided the statutes of the association of owners of flats and other premises or the contract on joint activities does not establish otherwise. Each owner of a flat or other premises shall have one vote. If a flat and other premises are owned by several owners, they shall be on common accord represented by one person, which shall have that vote.

2.

Decisions of owners of flats and other premises shall be taken at the meeting of owners of flats and other premises. The agenda of the meeting shall be notified in public two weeks before the meeting takes place.

Meetings of owners of flats and other premises shall be called by the board (chairman) of the company or by a person delegated by parties to the joint activities contract by owners of flats and other premises, or by administrator of flats and other premises held in common partial property.

3.

Decisions by owners of flats and other premises shall be made public and shall be binding to all owners of flats and other premises, as well as to owners who have acquired ownership rights to flats and other premises after such decisions have been taken. Such decisions cannot limit the rights and legitimate interests of owners of flats and other premises and third persons, with the exception of cases established by this Code and other laws.

4.

Decisions of owners of flats and other premises may be taken without convening a meeting, upon written notification about their decision. The manner of voting in writing shall be established by the Government or an institution delegated thereby.

Article 4.86. Rights and duties of co-owners in using and maintaining common joint property
1.

Co-owners shall have equal rights to income obtained from common thing (property), shall respond to third persons according to the obligations related to the thing (property) co-owned, and shall jointly pay expenses arising from the use and maintenance of the thing, as well as taxes, dues and other fees, provided they have not agreed or the law does not establish otherwise.

2.

The right of common joint ownership may arise only in cases established by law.

Article 4.87. Change of rights of co-owners upon increasing common joint property

If a co-owner increases the common thing or its value in keeping with the rules established by law, all co-owners shall have equal rights to the increased thing or its value.

Article 4.88. Right of co-owner to transfer or limit the right to the part held in joint common ownership
1.

A thing (property) which is object of common joint ownership is possessed, used and disposed of only upon agreement by co-owners.

2.

Agreement of co-owners is necessary in order to transfer the immovable thing to the ownership of another person, to rent or to give for use in some other way, to mortgage or otherwise to encumbrance the right to the thing. If a co-owner is under age, permission may be given by his parents, guardians, or bread-winners.

3.

A co-owner shall have no right to transfer to the ownership of another person his share of common joint ownership until that share has not been established in the common thing (property), with the exception of cases where the thing (property) is being inherited, and in other cases established by law.

Article 4.89. Establishing the share of a co-owner in common joint ownership
1.

The share of a co-owner in common joint ownership shall be established upon demand of the co-owner or upon expiration of legal relations of common joint ownership, or when the share of the co-owner is claimed as liability in relation to his personal obligations, if the rest of the property owned by such person is not sufficient to reimburse the claims of the creditors.

2.

The size of the share of a co-owner in common joint ownership shall be established upon agreement among co-owners. In the event of failure to reach such agreement, the court shall decide.

Article 4.90. Partitioning of common joint ownership
1.

Each co-owner shall have the right to partition his share from the common joint ownership.

2.

If a dispute arises regarding the manner of partitioning, upon the claim by an alienating co-owner the thing may be divided in kind, without causing disproportionate damage to its function. In a contrary case, the partitioning co-owner shall receive compensation in money.

3.

The creditor of a co-owner shall have the right to submit a claim regarding the partitioning of the share of a co-owner and such share itself.

Article 4.91. Payment for common joint property
1.

On the basis of contracts made by one of the co-owners, claims can be indemnified from the entire common joint property, if circumstances do not indicate that the contract was made in the personal interest of the person making the contract, and when the law does not establish otherwise.

2.

Damage caused by a crime committed by a co-owner may be paid from the common joint ownership if a court decision rules that the thing making the subject-matter of common joint ownership has been acquired by funds received from criminal activity or that its value has increased due to such funds.

Article 4.92. Common joint ownership right of spouses
1.

The common joint ownership right of spouses shall be established by the rules stipulated in Book Three of this Code

2.

Provided no agreement has been reached on the matter and Book Three of this Code does not stipulate otherwise, common joint ownership of spouses shall also include agricultural implements acquired by the common funds of spouses.

SECTION FIVE

PROTECTION AND DEFENCE OF OWNER’S RIGHTS

Article 4.93. Protection of owner’s rights
1.

The Republic of Lithuania guarantees equal protection of rights of all owners.

2.

Nobody has the right to:

1)

take property by force, with the exception of cases established by law;

2)

demand that an owner against his own will should join property with that of another owner.

3.

Property may be taken from owner without recompense only by way of court judgment or verdict.

4.

Property may be taken for public needs only upon just recompense.

Article 4.94. Temporary use of a thing against the will of the owner
1.

In cases established by law, for public good it is allowed to make temporary use of a thing against the will of the owner.

2.

The owner shall be indemnified the expenses incurred as well as the damage caused by such temporary use of a thing arising from paragraph one of this Article.

Article 4.95. Owner’s right to vindicate a thing from another’s illegal possession

The owner shall have the right to vindicate his thing from another’s illegal possession.

Article 4.96. Vindication a thing from an acquirer in good faith
1.

If movable thing was acquired upon payment from a person who had no right to transfer this property, and the acquirer did not and could not know this (acquirer in good faith), the owner shall have the right to vindicate the thing from the acquirer only if the thing belongs to the owner or to a person to whom the owner had given it in possession, if the thing was lost or stolen from one of these, or if it stopped being in their possession against their volition. The owner may vindicate the thing within three years from the moment of the loss of the thing.

2.

Immovable thing may not be vindicated from an acquirer in good faith with the exception of cases when the owner had lost such thing due to a crime committed by other persons.

3.

If a thing was acquired without recompense from a person who had no right to transfer its ownership, the owner shall have the right to vindicate the thing in all cases. This rule shall apply to movable as well as immovable things.

4.

This article shall not apply when a thing was sold or otherwise transferred in compliance with a procedure for the enforcement of court judgments..

Article 4.97. Payments in returning a thing illegally possessed
1.

The owner in vindicating a thing as stipulated by Article 4.95 of this Code, shall have the right to demand: from the person who knew or had to know that his possession was illegal (possessor in bad faith), to restitute or recompense all income that such person received or had to receive during the entire period of possession; from an illegal possessor in good faith- all income which such possessor received or had to receive since the time when he found out or had to find out about the possession being illegal or found out about the starting of a civil case regarding the restitution of the thing.

2.

Illegal possessor in bad faith in his turn shall have the right to claim from the owner the necessary expenses related to the thing since the moment the owner receives income from such thing.

3.

Illegal possessor in good faith shall have the right to claim from the owner recompense for all his expenses caused by the thing that have not been covered by income received from the thing.

4.

Illegal possessor in good faith shall have the right to keep the parts that have been added to meliorate the thing, provided these can be partitioned without causing damage to the thing. If the parts added as melioration cannot be partitioned or when the thing was meliorated in a different mode, the illegitimate possessor in good faith shall have the right to claim recompense of expenses arising from such melioration, but not greater than the increase in value of the thing.

Article 4.98. Defence of ownership right from violations unrelated to loss of possession

Owner may claim elimination of all violations to his right, even if unrelated to loss of possession

Article 4.99. Defence of rights of owners of land parcels from possible violations, unrelated to loss of possession

Owner of a land parcel may claim that new construction works should not be built, rebuilt, reconstructed or even maintained unchanged on adjacent land parcels, if a plausible assumption may be made that such construction of new construction works or change of existing ones or even existence and use of unchanged ones will cause negative impermissible impact on his land parcel or if the buildings on his land parcel may lose stability.

Article 4.100. Expropriation of property for public needs

1. A thing or other property belonging to a person as private ownership may be expropriated for public needs only in exclusive cases and only in the order established by law.

2. In cases provided for by paragraph one of this Article the owner of a thing (property) shall be compensated for in money the value of such thing (property) at market prices, and by agreement between parties, by transfer of another thing (property).

3. All issues on the legality of expropriation of property as well as disputes concerning its value and on losses incurred due to such expropriation shall be decided by court in accordance with the procedure laid down by the law.

4. Ownership right to a movable thing (property) claimed for public needs shall pass to the State as of the moment of payment for such a thing (property) to the owner, except where the laws provide otherwise. Ownership right to an immovable thing claimed for public needs shall pass to the State since the moment of registering such an immovable thing in a public register, however, such thing may be registered in the public register as state property only after payment has been effectuated to the owner of such an immovable thing, except where the laws provide otherwise.

Article 4.101. Protection of rights of persons whose land parcels held in their ownership and carrying construction works thereon are claimed for public needs
1.

If a land parcel is claimed for public needs belongs to a person as his ownership and has construction works on it, such person shall be recompensed for the land parcel, as well as for construction works which are being built or already built thereon belonging to such person as his property, as well as plants thereon, in money at market prices.

2.

The value of a land parcel, construction works and plants thereon, the terms of their confiscation, and the losses incurred by the owner due to the expropriation thereof shall be established by a contract between the future user of land and the owner of land, construction works and plants, unless otherwise established by law.

3.

Disputes regarding the expropriation of land parcels, construction works and plants thereon, their value and losses incurred by the owner due to such confiscation, shall be decided by court.

Article 4.102. Protection of rights of persons who use land parcels for building purposes without owning them when such land parcels are claimed for public needs
1.

If a land parcel that is used for building purposed without owning such land is claimed for public needs, such persons shall be recompensed for the construction works being built or already erected on such land as their ownership as well as for plants thereon in money at market prices.

2.

The new land user shall pay for all losses incurred by the owner of construction works and plants due to the expropriation of that land parcel, with the exception of losses that arise due to illegal actions by the owner of such construction works and plants.

3.

The value of land, construction works, and plants, the terms of confiscation of land and the losses incurred due to such expropriation shall be established by a contract between the new land user and the owner of the construction works.

4.

Disputes on the value of construction works or plants, the terms of expropriation and the losses incurred due to such expropriation shall be decided by court.

Version of the Article valid until 1 January 2011

Article 4.103. Legal civil consequences of illegal construction

1. If a construction works (its part) has been built or is being built without authorisation or with authorisation, but in violation of the decisions of the design documentation of the construction works, or in violation of the requirements of legal acts, then the builder shall have no right to use or dispose of such a building (sell, give as gift, lease, etc.). Laws shall define which construction works (its part) has been built or is being built without authorisation.

2. Persons whose rights and interests are violated, as well as other persons authorised by laws shall have the right to appeal to the court regarding the violations referred to in paragraph 1 of this Article.

3. The court by its decision may:

1) obligate the builder to rightly remodel the construction works within a set time limit (pull down a part of the construction works, reconstruct, etc.);

2) obligate the builder to pull down the construction works within a set time limit.

4. If the builder fails to comply with the requirement laid down in paragraph 3.1 of this Article within the set time limit, the construction works (its part) shall be remodelled by a court decision at the expense of the builder.

5. If the builder fails to comply with the requirement laid down in paragraph 3.2 of this Article within the set time limit, the construction works shall be pulled down by a court judgment at the expense of the builder.

6. Construction materials remaining after the demolition of such construction works are the ownership of the builder.

7. Damage incurred due to violations of the normative construction technical specifications shall be indemnified in accordance with the procedure laid down in Section Three of Chapter XXII of Book Six of this Code.

Version of the Article valid after 1 January 2011

Article 4.103. Legal civil consequences of construction which violates requirements of legal acts
1.

If a construction works (its part) has been built or is being built without authorisation or with authorisation, but in violation of the decisions of the design documentation of the construction works or in violation of the requirements of legal acts, then it shall be prohibited to use such a construction works (its part) or dispose of it (sell, give as gift, lease, etc.). Laws shall define which construction works (its part) has been built or is being built without authorisation.

2.

Persons whose rights and interests are violated as well as other persons authorised by the law shall have the right to appeal to the court regarding the violations referred to in paragraph 1 of this Article.

3.

The matter relating to elimination of the consequences of construction which violates the requirements of legal acts shall be decided by the Court in the manner prescribed by the law.

Article 4.104. Consequence s of loss of right to use a land parcel
1.

When a contract that gave a person right for indefinite period to use or rent a land parcel is determined null and void by a court decisions due to intentional acts by a user or renter or is terminated due to volitional significant violations of the order of the use of land, a person may transfer construction works being built or existing on such land and held as ownership. If all or some of the construction works (their parts) cannot be transferred, such remaining items shall be demolished or by an agreement between the land owner and the owner of such construction works be transferred to the ownership of the land owner, or with the agreements of the owner of the land may be given to a third person.

2.

Disputes regarding demolition or translocation, or transfer of construction works in favour of the owner of land or a third person shall be decided by court.

Article 4.105. Consequences of loss of right to a land parcel
1.

A person who has lost the right to a land parcel by a court judgment shall be recompensed the value of construction works existing on this land and held in his ownership, provided he is not given the right to use such land parcel in another way (by establishing land servitude etc.)

2.

If a transaction whereby the land parcel was used is acknowledged null and void by a court without the fault of the owner of the construction works, such owner shall be recompensed in the order and on terms established by Article 4.102 of this Code and by funds of the land owner.

3.

If a transaction whereby the land parcel was used, is acknowledged null and void by a court judgment due to the fault of the owner of the construction works and without granting him the right to use in some other legal way the land parcel (by establishing servitude etc.), the owner of the construction works may relocate such construction works. When it is impossible to relocate all or some of these construction works (their parts), with the consent of the owner of the land the items failing translocation may be transferred to a third person or by agreement between the owner of the land parcel and the owner of the construction works be transferred to the owner of the land, or demolished.

4.

In cases established by paragraph 3 of this Article the construction works are relocated or demolished at the expense of their owner, construction materials remaining after the demolition are property of the owner of the construction works, and the owner of the construction works must compensate for all losses incurred due to illegal use and possession of land.

5.

Disputes regarding translocation, demolition or transfer of construction works in favour of the owner of the land parcel or a third person shall be decided by court.

CHAPTER VI

RIGHT OF TRUST

Article 4.106 Definition and purpose of right of trust
1.

The right of trust of property is the right of the trustee to possess, use and dispose of property in the order and under conditions defined by the trustor.

2.

The right of trust is established for personal purposes, for private or public good.

Article 4.107. Subjects of the right of trust

1.The subjects of the right of trust (trustees) in the Republic of Lithuania shall include state or municipal enterprises, offices and organizations, as well as other legal and natural persons.

2.The trustor or several trustors may appoint one or several trustees, as well as establish the procedure of their appointment and replacement.

Article 4.108. Basis for the right of trust

The right of trust may originate from the law, administrative act, contract, will, or court judgment.

Article 4.109. Content of the right of trust
1.

State or municipal enterprises, offices, and organizations possess and use property duly entrusted them by the State or municipality, and dispose of it upon terms and conditions established by their statutes (regulations), as well as legal acts governing the activities of state or municipal enterprises, offices, and organizations, without violating the law and other persons’ rights and interests.

2.

Other legal and natural persons possess and use the property entrusted them by the trustor and dispose of it to the extent and on terms and conditions established in the legislation on trust, contract, will, court judgment or the law.

Article 4.110. Protection of the right of trust

The subject of the right of trust in protecting the property in possession, shall enjoy the rights established by Articles 4.95- 4.99 of this Code.

CHAPTER VII

A SERVITUTE

SECTION ONE

GENERAL PROVISIONS

Article 4.111. Concept of a Servitude
1.

A servitude is a right in respect of an immovable thing of another that is granted for the use of that thing (the servient thing) or a restriction of the right of the owner of that thing in order to ensure a proper utilisation of the thing in favour of which the servitude is established (the dominant thing).

2.

When the subject of the right of ownership of the servient or dominant thing changes, the established servitude remains due.

Article 4.112. Contents of a Servitude
1.

A servitude grants the servitude holder definite rights of use of a definite thing of another or withdraws from the owner of the servient thing definite rights of use of the thing.

2.

If doubts arise regarding the contents of a servitude and when possibilities to determine it precisely are lacking, it shall be presumed to be the least.

3.

If, at the time of the establishment of a servitude or subsequently, the content of the servitude was not definitely determined, it is conditioned by the needs of use of the dominant thing in accordance to its destination.

4.

The establishment of a servitude shall not deny the owner of the servient thing rights of use of the thing constituting the contents of the servitude, provided the exercise of those rights does not interfere with the established servitude.

5.

The owner of the servient or dominant thing has the right to apply to the court and to request to modify the contents of the servitude or to cancel the servitude, provided that the circumstances change essentially or unforeseen circumstances arise whereby it is impossible to exercise the rights granted by a servitude or the exercise becomes very complicated.

Article 4.113. Exercise of Servitude Rights
1.

Rights granted by a servitude shall be exercised in accordance to their intended destination in order to cause the least inconvenience to the owner of the servient thing.

2.

While exercising the rights granted by a servitude, the servitude holder must not violate rights of other owners.

3.

In establishing a servitude, the obligation to build construction works, install plants or perform other works that are necessary for the exercise of servitude rights may be imposed.

Article 4.114. Duty of the Servitude Holder to Maintain the Servient Thing Properly
1.

If, in order to exercise the rights granted by a servitude in a normal way it is necessary to renovate or properly maintain the servient thing in any other way, the servitude holder must carry such tasks in a proper way and on time unless otherwise stipulated in the contract.

2.

In cases when the owner of the servient thing himself also exercises the rights constituting the contents of the servitude, the obligation to properly maintain the servient thing falls on both subjects in proportion for the use of the thing unless otherwise stipulated in the contract.

Article 4.115. Retaining of a Servitude when the Servient Thing is Divided

Where the servient thing is divided, the previously established servitude remains due for all parts of the servient thing except when, at the time of division, the servitude was valid or was established exclusively in respect of a definite part of the servient thing.

Article 4.116. Retaining of a Servitude when the Dominant Thing is Divided
1.

Where the dominant thing is divided, the previously established servitude remains due for all parts of the dominant thing except when, at the time of division, the servitude was valid or was established exclusively in respect of a definite part of the dominant thing.

2.

The division of the dominant thing may not further encumber the servient thing (in case of a servitude of right of way, all owners of the divided dominant thing use the same way in respect of which the servitude was established).

Article 4.117. Servitude of Right of Way

By a servitude of right of way the right to use a footpath, a road for land vehicles and a path to drive cattle may be established.

Article 4.118. Servitude of Right of Way Granting the Right to a Footpath
1.

When a right to use a footpath is granted by a servitude of right of way without determining any additional possibility to use the footpath for any other purposes and without determining any restrictions on its use, it shall be deemed that pedestrians, bicycles without engines and cattle led on a leash may use a footpath.

2.

If in establishing a servitude of right of way that grants the right to a footpath, the width of a path is not stated and it is not possible to define the width following the previous footpath, if such a footpath existed, a footpath of one meter shall be deemed to be used.

Article 4.119. Servitude of Right of Way Granting the Right to Drive Vehicles
1.

When a right to drive vehicles is granted by a servitude of right of way without determining any additional possibility to use the road for any other purposes and without determining any restrictions on its use, it shall be deemed that it is possible to drive various vehicles and to use it as a footpath.

2.

If, when establishing a servitude of right of way that grants the right to drive vehicles, the width of the road is not stated and it is not possible to determine it on following the former road, if such a road existed, it shall be considered that it is possible to use a four-meter road. In cases when it is likely that such a road may be used to drive specialised vehicles of big dimensions, the owner of the land plot in respect of which the servitude of right of way was established granting the right to drive vehicles has no right to plant trees closer than three meters from the sides of the road.

Article 4.120. Servitude of Right of Way Granting the Right to Drive Cattle
1.

When a servitude of right of way grants the right to drive cattle without determining any additional possibility to use it for other purposes and without determining any restrictions on its use, it shall be considered that such a road (path) may only be used to drive cattle and the servitude holder may use it as a footpath.

2.

The right to drive cattle granted by a servitude of right of way does not confer the right to graze cattle by the roadside or on the path and along it.

3.

If, in establishing a servitude of right of way that grants the right to drive cattle, the width of the road (path) is not stated and it is not possible to define the width following the former road (path), if such a road (path) existed, it shall be considered that a road (path) of one meter may be used.

Article 4.121. Determination of the Location and the Direction of the Road (Path)

When a servitude of right of way grants the right to use a footpath, a road for land vehicles or a path to drive cattle without stating the location and the direction of the road (path), it shall be considered that the right to use the existing road (path) is granted, and if such a road does not exist - the former road (path), and if such a road did not exist or it is not possible to determine its location and direction, the owner of the thing chooses the location and the direction of the road (path), if possible, by following the provision that the location to be chosen as far as possible meets the road (path) requirements.

Article 4.122. Servitude of Construction Works

A servitude of construction works may be established granting the right to provide support to the dominant construction works against the servient thing or to provide attachment to it, to infix hooks or other fastenings into the wall (structure) of the servient construction works and to use them, to construct and erect parts of construction works pending over the servient plot of land or a construction works, to forbid the owner of the servient plot of land to build construction works that obstruct the light or the existing view as well as to perform other acts that are not prohibited by laws or to request that the owner of the servient thing refrains from the execution of definite acts.

Article 4.123. Other Servitudes

Servitudes may be established that grant the right to lay down underground or aboveground communications, servitudes to maintain and use them thereof as well as other servitudes.

SECTION TWO

ESTABLISHMENT OF A SERVITUDE

Article 4.124. Grounds and Time for the Establishment of a Servitude
1.

A servitude may be established by laws, transactions and by a court judgement while in cases stipulated by laws – by an administrative act.

2.

Rights and obligations arising from a servitude in respect of subjects become effective only after the registration of the servitude except when the servitude is established by laws.

3.

In establishing servitudes in all cases the will of the owner of the thing to become the dominant thing must be present except when a servitude is established by laws or by a court judgement.

Article 4.125. Establishment of a Servitude by Transactions

Only the owner of the thing to become the dominant thing has the right to establish servitudes by transactions.

Article 4.126. Establishment of a Servitude by a Court Judgement
1.

A servitude is established by a court judgement when owners fail to come to a mutual agreement, whereas without the establishment of a servitude it would be not possible by reasonable expenses to use the thing in accordance to its destination.

2.

The owner or the possessor of the thing may apply to the court on the establishment of a servitude by a court judgement.

Article 4.127. Restrictions on the Establishment of a Servitude
1.

It is allowed to establish a new servitude provided that the formerly established servitude is not violated whereby.

2.

It is allowed to establish a servitude in respect of an immovable thing subject to mortgage only on the consent of all creditors or by a court judgement.

Article 4.128. Things in Respect of which a Servitude May be Established
1.

A servitude may be established in respect of an immovable thing that by its permanent characteristics may ensure a proper usage of the dominant thing for an indefinite period.

2.

Having established the servitude, things becoming servient and dominant need not necessarily have a common border. Above all, due to the established servitude the thing becoming servient by its permanent characteristics should provide the thing becoming dominant the targeted permanent benefit established by the servitude.

3.

If, at the time of the establishment a servitude, a definite part of the thing was not determined in respect of which the servitude is established, it shall be considered that the servitude was established in respect of an entire thing. However, when in accordance with the rights of use granted by the servitude in respect of the servient thing it is possible to use equally well both the entire thing and a part of it and whereby a proper usage of the dominant thing is ensured, the owner of the servient thing has the right to determine part of the thing where rights established by the servitude may be used.

Article 4.129. Compensation of Damages Incurred due to the Establishment of a Servitude

Damages incurred due to the establishment of the servitude are compensated in accordance with the procedure established by laws. The obligation of the owner of the dominant thing to pay a lump sum or instalments to the owner of the servient thing may be established by laws, contracts, a court judgement or an administrative act.

SECTION THREE

EXTINCTION OF A SERVITUDE

Article 4.130. Grounds and Time for the Extinction of a Servitude
1.

A servitude is extinguished:

1)

by renunciation;

2)

by the union of the qualities of the owner of the servient and the dominant thing in one person;

3)

by destruction of the servient and the dominant thing;

4)

by deterioration of the condition of the servient thing;

5)

through the end of necessity;

6)

through prescription.

2.

A servitude may be extinguished only on grounds laid down in paragraph 1 of this Article.

3.

The time of de-registration of the servitude shall be deemed to be the moment of the extinction of the servitude except for cases provided for in paragraphs 1(2) and (3) of this Article.

4.

The owner of the servient or the dominant thing may apply to the Public Register on the extinction of the servitude.

Article 4.131. Renunciation of a Servitude
1.

The owner of the dominant thing may only renounce the existing servitude for the benefit of the owner of the servient thing.

2.

When a servitude grants several rights of use in respect of one and the same thing it is possible to renounce only some of the rights.

3.

When the dominant thing belongs to several owners the renunciation of the servitude becomes effective only upon the joint consent of all persons.

4.

The renunciation of a servitude possessed shall be done in writing.

5.

The owner of the dominant thing must notify the owner of the servient thing about the renunciation of the servitude no later than six months in advance; the owner of the dominant thing must also compensate damages incurred due to the termination of the servitude to the owner of the servient thing.

Article 4.132. Extinction of a Servitude by the Union of the Qualities of the Owner of the Servient and the Dominant Thing in One Person
1.

A servitude extinguishes only when the same person becomes the owner of both the entire dominant and the entire servient thing.

2.

If the same person becomes the owner of only a part of the dominant and the servient thing, the servitude remains in effect for the rest of the thing.

3.

When the servient thing belongs to several persons, a servitude extinguishes only when all owners of the servient thing acquire the dominant thing by ownership rights.

Article 4.133. Extinction of a Servitude when the Dominant and the Servient Thing is Destroyed

A servitude extinguishes when the dominant or the servient thing is lost.

Article 4.134. Extinction of a Servitude when the Condition of the Servient Thing Deteriorates
1.

If the servient thing deteriorates to the extent that it cannot perform functions of the servient thing any longer, the servitude also extinguishes.

2.

The servitude that extinguished due to the deterioration of the servient thing is renewed if the thing regains properties whereby it may again perform functions of the servient thing. In that event, the fact that within the time period when the deteriorated thing could not perform functions of the servient thing the servitude would be extinguished through prescription is of no importance.

3.

The owner of the servient thing and the owner of the dominant thing shall mutually agree on the extinction or renewal of the servitude. In cases of a dispute, the court shall adopt a judgement.

Article 4.135. Extinction of a Servitude through the End of Necessity
1.

When circumstances change to such an extent that the dominant thing may be properly used without using the servient thing, rights of the owner of the servient thing to use this thing are not restricted and the servitude extinguishes upon the agreement of the owner of the servient thing and the owner of the dominant thing.

2.

Failing the agreement between the owner of the servient thing and the owner of the dominant thing, the court adopts a judgement on the extinction of the servitude.

Article 4.136. Extinction of a Servitude through Prescription
1.

A servitude extinguishes through prescription if the person entitled thereto has not voluntary, within a period of ten years, he or through other persons used the rights granted by the servitude.

2.

A time period during which rights granted by a servitude were not used due to force majeure or due to impediments created by the owner or the possessor of the servient thing is not included into the prescriptive period.

3.

If the servitude holder used the rights granted by the servitude within a period of ten years only in respect of a portion of the servient thing, the servitude in respect of the rest of the servient thing terminates.

4.

A servitude may not extinguish through prescription, if only part of rights granted by the servitude were used.

5.

When the time period of prescription elapses, the servitude of right of way granting the right to use a road or a path leading to a cemetery may not extinguish.

6.

A judgement on the extinction of the servitude through prescription is adopted by the court.

Article 4.137. Extinction of a Servitude of Construction Works through Prescription

A servitude of construction works extinguishes only when the owner of the dominant thing himself or through other persons failed to use rights granted by the servitude within a time period of ten years and did something to the servient thing that is incompatible with rights granted by the servitude.

Article 4.138. Right of the Servitude Holder to Claim Compensation for Damages

If the owner or the possessor of the servient thing prevents the servitude holder from the exercise of rights granted by the servitude, the servitude holder has the right to claim damages due to this impediment.

Article 4. 139. Protection of Rights of the Owner of the Servient Thing
1.

If the servitude holder fails to exercise the rights of use of the servient thing granted by the servitude properly and violates the rights of the owner of the servient thing thereby, the owner of the servient thing has the right to request the elimination of any violations even those not related to the loss of possession.

2.

In cases when the servitude restricts the right to a portion of the thing, the owner of the servient thing has the right to request the substitution of the portion of the thing in respect of which the right is restricted thereof by another portion of the thing, if such a substitution assists the owner of the servient thing in avoiding too big losses arising from the servitude.

3.

Following the extinction of the servitude, the servitude holder, provided the owner of the servient thing requests so, must restore the thing to its original state that existed before the establishment of the servitude. The servitude holder may not be requested to eliminate alterations of the thing that appeared irrespectively of the existence of the servitude unless the law or the contract provides otherwise.

Article 4.140. Liability in Accordance with Property Obligations arising from a Servitude
1.

If the servient or the dominant thing by rights of ownership belongs to several owners, they are solidarily liable in respect of property obligations arising from the servitude.

2.

If the servient or the dominant thing is transferred to another person, the transferor and the transferee of the thing shall be solidarily liable in respect of property obligations arising from the servitude before the transfer of the thing.

CHAPTER VIII

USUFRUCT

SECTION ONE

GENERAL PROVISIONS

Article 4.141. Concept of the Usufruct
1.

Usufruct is the right (the right of the usufructuary) of use and enjoyment, granted for a period of a person’s life or for a certain period that may not be longer than a lifetime of a person, of a thing of another and of its fruits, products and revenues.

2.

Usufruct may be established for the benefit of one or several persons (either jointly or severally).

Article 4.142. Object of the Usufruct
1.

Each not consumable movable and immovable thing that is the object of the right of ownership may be the object of the usufruct.

2.

By acquiring the usufruct in respect to a principal thing, the usufructuary also acquires the usufruct in respect of secondary things unless the contract or laws provide otherwise.

3.

The object of the usufruct is transferred to the usufructuary pursuant to the inventory.

4.

If the owner of the thing in respect of which the usufruct was established changes, the usufruct remains due.

Article 4.143. Contents of the Usufruct
1.

A usufructuary has the right to use the thing as prescribed, or in the absence of requirements, in accordance to its destination as though he was its diligent owner.

2.

Fruits, products and revenues produced by the thing while exercising the usufruct belong to the usufructuary unless the contract or laws provide otherwise.

3.

The content of the usufruct is established on a case-by-case basis at the establishment of the usufruct. The subject establishing the usufruct may establish only such rights granted by the usufruct that are in compliance with the usage of the thing in accordance to its destination.

4.

If the usufruct is established in respect of the thing that is the object of the right of common ownership, the usufructuary enjoys the same rights of possession and use of the thing as though he were its co-owner.

5.

The usufructuary has the right to request the performance of obligations arising from the object of the usufruct and to accept contributions.

6.

The usufructuary has no right to transfer the usufruct to another person; however, he can transfer the right of use to another person. In that event, both subjects are solidarily liable according to their obligations. The period of time for which the right of use of the usufruct was transferred to another person may be not longer than the time for which the usufruct was established.

7.

The usufructuary has no right to remake the object of the usufruct or to change it in essence in some other way without the permission of the owner of the object of the usufruct or in cases prescribed by the law – without a judgement of the court.

8.

The usufructuary has no rights in respect of the treasure found in the object of the usufruct or a part thereof that, pursuant to the law, belongs to the owner of the thing.

Article 4.144. Duties of the Usufructuary
1.

The usufructuary is bound to maintain and renovate the object of the usufruct so far as it is necessary to ensure its normal condition.

2.

In proportion to the possessed rights of use of the object of the usufruct and the revenues produced by it, the usufructuary is bound to pay taxes and other fees in respect of the object of the usufuct unless the contract and laws provide otherwise.

3.

If the object of the usufruct is damaged or broken or it is necessary to perform routine improvement and repair works, to protect it from unforeseen risks or when third persons raise claims in respect thereto, the usufructuary must without delay notify the owner.

4.

The usufructuary in cases specified in the contract, the will or the law is bound to insure the object of the usufruct. If the usufructuary fails to insure the object of the usufruct, the owner thereof may insure it at the expense of the usufructuary.

5.

The usufructuary annually at his own expense is bound to render to the owner of the object of the usufruct a report unless otherwise provided in the usufruct terms.

Article 4.145. Use of the Usufruct in Respect of Land
1.

The usufruactuary has no right to fell trees on the land subject to the usufruct except those which have fallen and died naturally. The usufructuary must replace the destroyed trees unless otherwise provided by the usufruct terms.

2.

The usufructuary may not extract minerals from the land except when the extraction of minerals constitutes the purpose for the land use.

Article 4.146. Liability of the Usufructuary
1.

The usufructuary is liable for the deterioration of the condition of the object of the usufruct due to improper use of the usufruct.

2.

If the usufructuary fails to perform principal duties arising from the usufruct, the court on the request of the owner of the object of the usufruct can appoint the administrator of the object of the usufruct.

SECTION TWO

ESTABLISHMENT OF THE USUFRUCT

Article 4. 147. Grounds and Time for the Establishment of the Usufruct
1.

Usufruct may be established by laws, court judgements - in the cases prescribed by laws, and by transactions.

2.

Rights arising from the usufruct in respect of the thing that must be legally registered and duties in respect of subjects arise only after the registration of the usufruct except when the usufruct is established by law.

3.

Usufruct is opened in respect of a movable thing that is not subject to obligatory legal registration from the time of a transfer of the thing unless otherwise provided by the law (when the usufruct is established by law), by a transaction (when the usufruct is established by a transaction), or by a court judgement (when the usufruct is established by a court judgement).

4.

At the establishment of the usufruct, the will of the person who will become the usufructuary shall be present except when the usufruct is established by law.

Article 4.148. Establishment of the Usufruct by Transactions

Only the owner of the thing himself has the right to establish the usufruct by transactions.

Article 4.149. Restrictions on the Establishment of the Usufruct

A new usufruct may be established upon things that have already had the usufruct established upon them provided the rights granted by a newly established usufruct do not coincide with the rights previously established by the usufruct and the implementation of rights granted by a new usufruct will not infringe the rights of the existing usufruct.

SECTION THREE

EXTINCTION OF USUFRUCT

Article 4.150. Grounds and Time for the Extinction of Usufruct
1.

Usufruct is extinguished:

1)

by renunciation;

2)

by the death of the usufructuary, by the dissolution of the legal person or by expiry of a term of thirty years from the establishment of the usufruct in respect of the legal person;

3)

by expiry of a time period or when a legal fact laid down in the resolutory condition becomes effective;

4)

when the usufructuary becomes the owner of the thing subject to usufruct;

5)

by destruction of the object of the usufruct;

6)

by deterioration of the condition of the thing subject to usufruct;

7)

through prescription;

8)

by extinguishing the usufruct by a court judgement.

2.

Usufruct may be extinguished only on the grounds laid down in paragraph 1 of this Article.

3.

Time of extinction of the usufruct is the moment of it’s de-registration except for cases laid down in subparagraphs 2, 3, 4 and 5 of paragraph 1 of this Article and when the usufruct need not be registered.

4.

The usufruct created for the benefit of several usufructuaries extinguishes by the extinction of the right of the last person unless provided otherwise.

5.

When the usufructuary on the grounds of serious reasons cannot perform his duties, the usufruct may be converted to an annuity upon a mutual agreement of the owner of the object of the usufruct and the usufructuary or by a court judgement.

Article 4.151. Renunciation of the Usufruct
1.

The usufructuary may renounce the possessed usufruct only in favour of the owner of the object of the usufruct.

2.

When the usufruct grants several rights of use in respect of the same thing, some of rights may be renounced.

3.

The renunciation of the possessed usufruct shall be done in writing.

Article 4.152. Extinction of the Usufruct by the Death of the Usufructuary, by the Dissolution of the Legal Person or by the Expiry of a Term of Thirty Years from the Establishment of the Usufruct in Respect of the Legal Person
1.

When the usufructuary dies, the usufruct extinguishes irrespective whether it was established for a fixed period or a lifetime of a definite person. When the usufruct extinguishes at the death of the usufructuary, assignees are bound to return the thing to the owner.

2.

The thing owned by the legal person in the capacity of the usufructuary must be returned to the owner following the decision to liquidate the legal person or after the expiry of thirty years from the establishment of the usufruct in respect of the legal person.

Article 4.153. Extinction of the Usufruct by the Expiry of a Time Period or when a Legal Fact Laid Down in the Resolutory Condition Becomes Effective
1.

If at the time of the establishment of the usufruct its extinction date was specified or the termination of the usufruct was related to the resolutory condition, then, at the time of the expiry of the fixed time period or when the resolutory condition becomes effective, the usufruct terminates.

2.

If the usufruct was granted until a third person reaches a certain age, it continues until the date he would have reached that age, even if he has died.

3.

If the usufruct was granted until conditions related to a third person appear, the usufructuary retains his rights till the end of his life, even if the third person dies before the appearance of the conditions and therefore the conditions foreseen can not appear.

Article 4.154. Extinction of the Usufruct when the Usufructuary Becomes the Owner of the Object of the Usufruct
1.

When the usufructuary becomes the owner of the object of the usufruct, the usufruct extinguishes.

2.

If the usufructuary becomes the owner of only a part of the object of the usufruct, the usufruct remains in respect of the rest of the thing.

Article 4.155. Extinction of the Usufruct by Destruction of the Object of the Usufruct

When the object of the usufruct is destroyed, the usufruct is extinguished.

Article 4.156. Termination Extinction of the Usufruct when the Condition of the Object of the Usufruct Deteriorates
1.

When the condition of the object of the usufruct deteriorates to such an extent that it cannot be used any longer in accordance to its destination, the usufruct extinguishes.

2.

The usufruct that extinguished due to the deteriorated condition of the thing is renewed if the object of the usufruct regains properties whereby it can again perform functions of the object of the usufruct. In that event, the fact that within the time period during which the deteriorated object of the usufruct could not be used in accordance to its destination, the usufruct could have been terminated through prescription, is of no importance.

3.

A decision on the extinction and the renewal of the usufruct is adopted upon a mutual agreement of the owner of the object of the usufruct and the usufructuary, and failing the agreement – by the court.

Article 4.157. Extinction of the Usufruct through Prescription
1.

The usufruct created in respect of an immovable thing extinguishes through prescription if the usufructuary continuously voluntary within ten years himself or through other persons did not use rights granted by the usufruct.

2.

The usufruct created in respect of a movable thing t extinguishes through prescription if the usufructuary continuously voluntary within three years himself or through other persons did not use rights granted by the usufruct.

3.

A time period during which the rights granted by the usufruct were not used due to force majeure or the impediment of the owner (possessor) of the object of the usufruct is not included into the prescriptive period.

4.

If the usufructuary used rights granted by the usufruct for 15 years only by using a part of an immovable thing, the usufruct extinguishes for the rest of the thing.

5.

The usufruct may not extinguish through prescription if only a part of rights granted by the usufruct were used.

Article 4.158. Return of the Object of the Usufruct following the Extinction of the Usufruct
1.

At the end of the usufruct, the usufructuary is bound to return to the owner of the object of the usufruct the thing in the same condition as he received it taking into account regular appreciation unless otherwise agreed at the time of the establishment of the usufruct.

2.

The usufructuary has the right to retain parts used for the improvement of the thing, if they can be separated, and if the object of the usufruct whereby is not damaged. If the improved parts cannot be separated or the thing was improved in any other way, the usufructuary has the right to claim the reimbursement of improvement costs but no more than the increase of the value of the thing only on condition that he improved the thing upon the consent of the owner of the thing.

Article 4.159. Protection of Rights of the Owner of the Object of the Usufruct

If the usufructuary fails to use rights granted by the usufruct properly and thus violates the rights of the owner of the thing, the owner of the thing subject to usufruct has the right to request the elimination of any violations even those not related to the loss of the possession.

CHAPTER IX

RIGHT OF SUPERFICIES

Article 4.160. Concept of the Right of Superficies
1.

The right of superficies is the right to use the land of another for building construction works or to acquire and possess the land by the ownership right or by the right to use the subsoil.

2.

The right of superficies may be granted regardless of other real rights of the would-be holder of the right of superficies or the granting of the right can depend on another real right or the lease of an immovable thing.

3.

When the owner of the land, construction works or plants changes, the right of superficies remains due.

Article 4.161. Retribution

The act establishing the right of superficies may stipulate that the superficiary is to pay to the owner of the land a lump sum or to pay by instalments.

Article 4.162. Contents of the Right of Superficies
1.

The superficiary is entitled to acquire or to own construction works and perennial plants on the land owned by another by right of ownership.

2.

In determining the right of superficies, the right of the superficiary to construct, use or demolish construction works or to plant plants or destroy them may be limited.

3.

The right of superficies may be established for a fixed period or for an indefinite period.

Article 4.163. Establishment of the Right of Superficies

The right of superficies is established by the agreement of the landowner and the person becoming the superficiary or by the will of the landowner.

Article 4.164. Extinction of Superficies
1.

Superficies is extinguished:

1)

by the union of qualities of the superficiary and the owner of the land in one person;

2)

by the expiry of the term;

3)

through prescription, if the superficiary fails to use the object of the right of superficies for ten years;

4)

when for more than two years the superficiary is in default of paying the fee specified in the act establishing the right of superficies.

2.

At the extinction of superficies, the ownership right to construction works or plants is transferred to the landowner. The landowner shall reimburse their value provided this has been specified in the act establishing superficies.

3.

The superficiary may remove construction works or plants, if he returns the land to its former condition and if the act establishing superficies does not provide otherwise.

4.

The destruction of construction works or plants is not the grounds for the extinction of superficies, unless the parties have agreed otherwise.

CHAPTER X

EMPHYTEUSIS

Article 4. 165. Concept of Emphyteusis
1.

Emphyteusis is a real right to use the plot of land or other immovable of another provided the emphyteutic lessee does not aggravate its quality, does not undertake to build construction works, to plant perennial plants and perform other works thereon that durably increase its value both of the land used or any other immovable thing except upon the permission of the owner of the land.

2.

Emphyteusis may be established for a fixed or an indefinite period. The term of emphyteusis may not be less than ten years.

3.

When the owner or the emphyteutic lessee changes, emphyteusis remains due, provided assignees use the leased thing properly and fulfil other obligations stipulated in the act constituting emphyteusis.

Article 4.166. Emphyteutic Canon

The act constituting emphyteusis may stipulate that the lessee is to pay the owner of an immovable thing a lump sum or to pay by instalments.

Article 4.167. Establishment of Emphyteusis

Emphyteusis is established by agreement between the owner of an immovable thing and the emphyteutic lessee or by will.

Article 4.168. Contents of Emphyteusis
1.

Unless the act constituting emphyteusis provides otherwise, the lessee shall use the leased immovable thing as its owner, however he shall not increase its value essentially, he also is not entitled to change its destination without the permission of the owner. If emphyteusis is established in respect of land, the act constituting emphyteusis may stipulate the right of the lessee to build construction works or plant plants necessary for the use of the land in accordance with its destination.

2.

The emhyteutic lessee is bound to preserve and repair the immovable at his own expense.

3.

Unless provided otherwise, the emhyteutic lessee enjoys the fruits produced by an immovable thing.

4.

The act constituting emphyteusis may stipulate that the emhyteutic lessee is not entitled to assign his rights to another person or divide emphyteusis without the consent of the owner.

5.

Unless the act constituting emphyteusis provides otherwise, the emhyteutic lessee has the right to sublease. The sublessee shall not have more rights than the emhyteutic lessee. The sublease terminates upon the end of emphyteusis.

Article 4.169. Extinction of Emphyteusis
1.

Emphyteusis is extinguished:

1)

by the expiry of the term;

2)

by the loss of the object of emphyteusis;

3)

by the extinction of emphyteusis by a court judgement;

4)

by the union of the qualities of owner and emphyteutic lessee in the same person;

5)

by non-user for ten years;

6)

by a mutual agreement of parties.

2.

On the initiative of the owner and the emhyteutic lessee grounds for premature extinction of the emphyteusis may be stipulated in the act constituting emphyteusis.

3.

Emphyteusis may be modified or cancelled by a court judgement on the request of either the owner or the emphyteutic lessee, provided that unforeseen circumstances appear whereby it is impossible to use the thing in conformity with to earlier conditions.

4.

Upon the extinction of emphyteusis, the emphyteutic lessee is bound to return to the owner the object of emphyteusis. The emphyteutic lessee is to be reimbursed for the value of the improvements of the object of emphyteusis, provided that the improvements have been made upon the consent of the owner. The emphyteutic lessee is entitled to suspend the transfer of the object of emphyteusis till the time when the owner repays the compensation. The owner can retain the thing belonging to the emphyteutic lessee till the time the lessee settles accounts with him.

5.

If the act constituting emphyteusis stipulated the right of the emphyteutic lessee to build construction works or plant plants necessary for the use of the land in accordance to its destination, at the extinction of emphyteusis, the emphyteutic lessee can remove construction works or plants, if he returns the land to its former condition and unless the act constituting emphyteusis provides otherwise.

CHAPTER XI

MORTGAGE

SECTION ONE

GENERAL PROVISIONS

Article 4.170. Concept of Mortgage
1.

Mortgage is the pledge of an immovable thing to secure the performance of a present or future debt obligation, when the mortgaged thing is not transferred to the creditor.

2.

An agreement on the conveyance of the mortgaged thing or the thing to be mortgaged to the creditor is not valid.

3.

The mortgage does not deprive the owner of a thing the right to possess, use and dispose of the mortgaged thing with due consideration of the rights of the mortgagee. A subsequent pledge of the mortgaged thing is allowed if the mortgage bond does not provide otherwise.

Article 4.171. Object of Mortgage
1.

The object of a mortgage may be individual immovable things, registered in the public register and not withdrawn from the civil turnover that may be submitted for a public forced auction. The mortgage of an immovable thing does not cover the proceedings received from this thing.

2.

When a principal thing is mortgaged, it shall be deemed that all present and future accessories added to the principle thing by the will of the owner or due to natural events are mortgaged.

3.

When an immovable thing is pledged for the use of which in accordance with its destination movable things are necessary, it shall be deemed that movable things necessary for the use of such a thing in accordance with its destination are the object of the mortgage, including those that will come into the ownership of the mortgagor in the future unless otherwise provided in the mortgage contract on the pledge (non-pledge) of movable things or in the unilateral mortgage declaration of the owner of an immovable thing.

4.

Only an insured thing may be mortgaged with the exception of land.

5.

The mortgage of an immovable thing covers the insurance indemnity of the thing.

6.

In order to mortgage a part of the thing owned by the same owner, the part thereof must be accurately defined and registered in the public register as a separate entity.

7.

For the mortgage of construction works, the plot of land on which construction works are standing is to be mortgaged or the mortgage shall include right of lease (right of use) in respect of the plot of land thereof.

8.

A thing belonging by the right of common ownership may be mortgaged only on the consent of all co-owners. When a part of common divided ownership is mortgaged, the consent of other co-owners is not necessary, however, the mortgaged part must be accurately defined in the contract on the manner of the use of the thing concluded among co-owners and certified by the notary.

9.

The mortgage of the thing does not prevent from the transfer of the thing to the ownership of another. With the transfer of the mortgaged thing for the ownership of another person, the mortgage follows the thing.

10.

The owner of the mortgaged thing has no right to destroy, damage or reduce the value of the thing, except for normal depreciation or the decrease of the value pertaining to its use for the purpose of essential necessity. When the requirements thereof are violated, the mortgagee may demand the commencement of the execution against the mortgaged thing before the expiration of the term.

11.

As the object of a legal mortgage such thing shall be selected that having sold it all creditor’s claims are satisfied and the debtor should be affected the least.

12.

The mortgage of land extends to construction works as appurtenances unless the mortgage contract provides otherwise. If the mortgage of land does not extend to construction works, after the foreclosure sale of the mortgaged land, the owner of construction works shall acquire the right of the servitude of land. When the mortgaged plot of land with construction works on it belonging to another person (not the owner of the land) by right of ownership is sold in a foreclosure sale, the rights and duties of the former owner of the land possessed by the owner of construction works are passed to the person who acquires the land in a foreclosure sale.

Article 4.172. Validity of the Mortgage after Dividing the Mortgaged Immovable Thing
1.

After the division of the mortgaged immovable thing, the mortgage claim is not divided and remains valid for all immovable things resulting after the division. An agreement on the division of the mortgage claim is not be valid.

2.

The priority in a forced auction sale of immovable things belonging to different owners by right of ownership resulting after the division of an immovable thing is established at the time of division by a written consent of the owners of the thing. In the absence of a written consent of the owners of the thing, the priority in a foreclosure sale of immovable things resulting after the division is established by the mortgage judge.

Article 4.173. Validity of the Mortgage after Joining Together Mortgaged Immovable Things
1.

Mortgaged immovable things may be joined only subject to a written consent of the creditors; the priority of the satisfaction of whose claims will change after the joining.

2.

After joining together several immovable things, the mortgage on each of them extends to the immovable thing resulting after the joining. The priority of satisfaction of claims of mortgage creditors is established in accordance with the date of filing an application for registration of the mortgage.

Article 4.174. Satisfactions and Recoveries Secured by the Mortgage
1.

The mortgage secures the satisfaction of the principal claim, the recovery of the interest arising from the claim and the forfeit and costs of the proceedings related to the implementation of the mortgage.

2.

The principal claim secured by the mortgage, the interest arising from this claim and the forfeit may be increased, and the term for the satisfaction of the debt obligation may be reduced or extended as compared to subsequent creditors only upon the receipt of a written consent of subsequent creditors.

Article 4.175. Types of Mortgage
1.

Legal and contractual mortgage may be registered. The procedure for the establishment of legal mortgage is defined by the Code of Civil Procedure.

2.

Legal mortgage shall arise on the basis of the law or a court judgement in the following cases:

1)

to secure state claims arising from taxing and state social insurance legal relations;

2)

to secure claims related to the construction of construction works or reconstruction;

3)

to secure property claims in accordance with a court judgement;

4)

in other cases provided for by this Code.

3. Legal mortgage may be ordinary, joint, the mortgage of the thing of another, maximum, common and conditional mortgage.

Article 4.176. Establishment of Mortgage to Secure State Claims Arising from Taxing Legal Relations

To secure state claims arising from taxing and state social insurance legal relations, the mortgage is established on the request of state tax inspectorate, customs or state social insurance authorities. The application shall indicate the thing in respect of which the mortgage is established, the owner of the thing who is a debtor, the grounds for the establishment of the mortgage, the term of mortgage and the amount of the claim. Documents certifying data provided in the application shall accompany the application.

Article 4. 177. Establishment of Mortgage to Secure Claims Related to the Construction of Construction Works or Reconstruction
1.

The mortgage to secure persons’ claims related to the construction of construction works or reconstruction may be established only in respect to a registered construction works.

2.

The mortgage is established on the request of the contractor, designer, the supplier of materials or the person who provides the funding not later than thirty days following the completion of construction or reconstruction works. The application shall indicate the construction works in respect of which the mortgage is established, the owner of the thing who is a debtor, the grounds for the establishment of the mortgage, the term of mortgage and the amount of the claim. Documents certifying data provided in the application shall accompany the application.

Article 4. 178. Establishment of Mortgage to Secure Claims to be Satisfied in Accordance with a Court Judgement

After the satisfaction of the claim on the recovery of the money in accordance with a court judgement, the mortgage in respect of the debtor’s thing may be registered. The court judgement shall indicate the amount of the claim secured by the mortgage, the term of the mortgage, the thing that is registered in the Register of Mortgages and the owner of the thing thereof.

Article 4. 179. Ordinary Mortgage

Ordinary mortgage is the mortgage of one definite immovable thing possessed by the right of ownership in order to secure the discharge of one definite obligation.

Article 4. 180. Joint Mortgage

Joint mortgage is a simultaneous mortgage of several immovable things belonging by the right of ownership in order to secure the discharge of one definite obligation.

Article 4.181. Mortgage of the Thing of Another

The mortgage of the thing of another is the mortgage of an immovable thing belonging by the right of ownership in order to secure the discharge of the debt obligation of the other person.

Article 4. 182. Maximum Mortgage
1.

The maximum mortgage is the mortgage of an immovable thing when an agreement is made only to secure the maximum sum of obligations on the basis of a mortgaged thing and on the area in which the loan will be used. The maximum mortgage is registered for a period not exceeding five years.

2.

Upon the expiration of a five-year period, the amount of debt is fixed in the Register of Mortgages and the mortgage commences as an ordinary mortgage. This mortgage shall not secure any other subsequent debt obligations. When the date of fixing the amount of

3.

The amount of debt is fixed when other creditors request a foreclosure sale of the mortgaged thing, upon the seizure of the mortgaged thing, upon declaring the debtor or the creditor insolvent or upon their liquidation, upon the death of the creditor or the debtor and if the inheritors of property fail to re-register the mortgage on their own name within six months as the day of the inheritance descends to them.

4.

The fixing of the amount of debt is cancelled if creditors withdraw the request for a foreclosure sale of the thing, if the seizure of an immovable thing is revoked or the liquidation of the debtor or the creditor is rescinded.

5.

The maximum amount of the obligation security may not be increased without the approval of other mortgage creditors of the same thing in rank.

Article 4.183. Common Mortgage
1.

Common mortgage is the mortgage of several immovable things belonging to different owners in order to secure one debt obligation.

2.

The owner of the thing mortgaged by the common mortgage wishing to mortgage the same thing once again has to get a written approval of all other owners of things that are mortgaged by the common mortgage.

3.

The contract on the common mortgage has to set forth the order of priority in the foreclosure sale of mortgaged things.

Article 4. 184. Conditional Mortgage
1.

Conditional mortgage is the mortgage of a thing in order to secure the discharge of the debt obligation provided that it has been agreed that the mortgage becomes effective from the moment of the fulfilment of the condition stipulated in the contract or the mortgage will be effective only till the moment when the condition stipulated in the contract is fulfilled. The condition may be imposed on both the creditor and the debtor.

2.

Before the fulfilment of the condition determining the coming into effect of the mortgage, the mortgage may be closed by the mortgage judge at any time on the request of the party concerned.

3.

If the condition determining the termination of the mortgage is no longer being fulfilled, the party concerned has the right to apply to the mortgage judge and to demand the termination of the mortgage.

SECTION TWO

REGISTRATION OF THE MORTGAGE

Article 4.185. Execution and Registration of the Mortgage
1.

The mortgage contract, a unilateral declaration of the owner of the mortgaged thing thereof as well as the application to register the compulsory mortgage shall be executed as a mortgage bond. When the mortgage is contractual, the mortgage bond shall be certified by the notary.

2.

The mortgage contract (bond) is signed by a debtor, creditor and the owner of the mortgaged thing (when the debtor and the owner of the thing is not the same person). When the thing is mortgaged upon a unilateral declaration of its owner, the mortgage bond is signed by the owner of the mortgaged thing only. If the mortgage is compulsory, the mortgage bond is signed by the creditor.

3.

The mortgage is registered in the Register of Mortgages upon the decision of the mortgage judge and upon the submission of the mortgage bond to the Mortgage Office of the locality wherein the mortgaged thing is located.

4.

Changes of the mortgage are entered into the mortgage bond and are registered in the Register of Mortgages subject to the same procedure as the mortgage.

5.

Data of the Register of Mortgages shall be public and shall be regarded as accurate and comprehensive until contested in the manner prescribed by laws.

Article 4.186. Contents of the Mortgage Bond
1.

The mortgage bond shall indicate the location and the date where it is drawn up, the debtor, the creditor and the owner of the mortgaged thing (when the debtor and the owner of the thing is not the same person), their place of residence (office), the mortgaged thing, its valuation and locality, the obligation secured by the mortgage, its definite or maximum amount (when the mortgage is contractual) and the date of the performance of the obligation. The amount of the obligation in the mortgage bond is indicated with the interest thereof. When the mortgage is compulsory, the grounds for the establishment of the mortgage are indicated wherein.

2.

Other data may also be indicated in the mortgage bond.

3.

If the mortgage bond is drawn up unilaterally by the owner of the mortgaged thing, the creditor may not be indicated. In that event, a bearer mortgage bond is drawn up and that may, upon the request of its holder and at any time, be executed as a registered mortgage bond.

Article 4.187. Time of the Mortgage Becoming Effective

The mortgage becomes effective from the moment of its registration in the Register of Mortgages when respective inscriptions are entered into the public register.

Article 4.188. Lack of Correspondence between the Mortgage Bond and the Data of the Register of Mortgages

Where the text of the mortgage bond does not correspond with the entry of the Register of Mortgages, the entry in the Register of Mortgages shall prevail. In that event, the damage sustained by the honest mortgage bond holder through the fault of the office of the Register of Mortgages is compensated for by the State in the manner prescribed by laws.

SECTION THREE

TRANSFER AND PLEDGE OF THE MORTGAGE

Article 4.189. Transfer of the Claim Secured by Mortgage
1.

The creditor may transfer the claim secured by mortgage or part of it to another person unless the mortgage contract provides otherwise. The claim secured by mortgage is transferred in accordance with rules stipulated by the requirements of Book Six of this Code regulating the assignment of claim.

2.

The claim secured by mortgage is assigned by transferring the mortgage bond by endorsement (the entry of the holder of the mortgage bond by which the mortgage bond is transferred to another person). When part of the claim secured by mortgage is transferred, the mortgage bond shall specify which of the creditors shall keep the mortgage bond.

3.

The endorsement shall be written on the mortgage bond by indicating the person to whom the claim secured by mortgage is transferred; the endorsement should be signed by the endorser (the holder of the mortgage bond) and registered in the Register of Mortgages.

4.

The transfer of the claim secured by mortgage (the endorsement of the mortgage bond) is registered in the Register of Mortgages in accordance with the same procedure as the mortgage.

Article 4. 190. Right of the Mortgagee to Transfer his Priority for the Satisfaction of his Claim from the Value of the Mortgaged Thing to Another Mortgagee

If the thing is subject to several mortgages, any mortgagee may transfer his priority for the satisfaction of his claim from the value of the mortgaged thing to another mortgagee of the same debtor. A corresponding entry is made upon both mortgage bonds. If the sum of the claim of the mortgagee who transfers his priority is smaller than the sum of the claim of the transferee, a notarised consent of the creditors succeeding the transferor and preceding the transferee is necessary.

Article 4.191. Pledge of the Claim Secured by Mortgage
1.

The mortgagee may pledge his mortgage claim to secure a loan to be granted or granted to him only when the date of maturity is not later than the date of maturity stipulated in the mortgage bond.

2.

The mortgage claim is pledged upon an agreement between the parties by making an entry in the mortgage bond and becomes effective from the date of registration of the agreement in the Register of Mortgages. The agreement is executed as a pledge bond of a movable thing.

SECTION FOUR

RECOVERY OF DEBT FOR THE BENEFIT OF THE MORTGAGEE

Article 4.192. Right of the Mortgagee to Apply for the Recovery of Debt
1.

If within the time period indicated in the mortgage bond the debtor fails to discharge the obligation, the mortgagee may exercise his rights by applying to the mortgage judge with the request to sell the mortgaged thing in a public forced auction sale and that he be fully paid the due sum from the proceeds that he is entitled to receive before other creditors or that he should be granted the right to administer the mortgaged thing.

2.

Upon the seizure of the mortgaged thing by the mortgage judge pursuant to the application of the mortgagee, the owner of the mortgaged thing shall forfeit his right to transfer the thing to other persons, to pledge, lease or encumber it or to decrease its value.

3.

When the mortgaged thing is transferred to the mortgagee for administration and it turns out while administrating that it is not possible to satisfy the claim secured by mortgage, the mortgagee may apply to the mortgage judge to sell the mortgaged thing at the foreclosure sale.

Article 4.193. Right of the Mortgagee to Satisfy the Claim from the Mortgaged Thing
1.

If the proceeds from the f public forced auction sale of the mortgaged thing are lower than the sum due to the creditor, the creditor has the right to claim recovery from the property of another debtor in accordance with the regular procedure prescribed by laws.

2.

In the event of multiple mortgages of the thing, claims of mortgagees are satisfied according to the time of their application for registration. The mortgagee who has submitted the application for registration earlier may be obliged to cover the damages of the mortgagee who has submitted the application later, if urged by the latter, the mortgagee who has submitted the application earlier unreasonably delayed the exercise of his rights.

3.

If the mortgaged thing was expropriated or confiscated, the claim of the mortgagee is satisfied respectively by a new possessor of the thing or by the State, however not in the excess of the value of the mortgaged thing.

4.

If the mortgaged thing passes into the ownership of the State or the Municipality by right of inheritance or the mortgaged ownerless thing is assigned by a court judgement into the ownership of the State or the Municipality, the claim of the mortgagee is satisfied by the State or the Municipality, however not in excess of the value of the mortgaged thing.

Article 4.194. Recovery of the Debt by Selling at the Forced Auction Sale the Thing Mortgaged by Joint Mortgage
1.

The priority of the sale of things mortgaged by joint mortgage is set by the owner of things.

2.

When things mortgaged by joint mortgage are sold at a public foreclosure sale the debt is recovered simultaneously from all things sold and only as many of the items may be sold as it is necessary for the satisfaction of the mortgagee’s claim.

Article 4.195. Recovery of the Debt by Selling the Thing Mortgaged by the Mortgage of the Thing of Another
1.

The owner of the mortgaged thing is liable for the discharge of the debtor’s obligation by his mortgaged thing only.

2.

When the owner of the mortgaged thing discharges the debtor’s obligation or if his thing was sold at a public forced auction sale, the owner of the mortgaged thing acquires the right of recourse for the amount paid or for the indemnification of damages due to the loss of the thing.

Article 4.196. Right to Acceleration of the Claim Secured by Mortgage
1.

The mortgagee has the right to demand the acceleration of the claim secured by mortgage in the same manner as at maturity provided:

1)

other creditors are demanding, in cases provided by laws, a foreclosure sale of the mortgaged thing;

2)

the debtor has died;

3)

bankruptcy proceedings of the debtor or the owner of the mortgaged thing (not a legal person) have been initiated or a decision on its liquidation has been adopted;

4)

the value of the thing has decreased, while the debtor has failed to discharge part of debt obligation whereby the value of the mortgaged thing has decreased when this part of obligation has not been covered by the insurance amount received;

5)

the contract of insurance of the mortgaged thing has been terminated before its expiration or, after the termination of the insurance contract, the thing is not insured.

2.

If the value of the mortgaged thing has decreased while the debtor has failed to discharge part of his obligation whereby the value of the thing decreased, or the thing was lost, creditors have the right to the insurance amount of the thing not in excess of the amount of their claims to be paid in the manner of priority of the satisfaction of their claims. Upon the receipt of a written agreement of all creditors, the insurance amount may be paid to the owner of the mortgaged thing.

SECTION FIVE

EXTINCTION OF THE MORTGAGE

Article 4.197 Grounds and Moment of Extinction of the Mortgage
1.

The forced sale of the mortgaged thing on the request of the mortgagee shall disencumber it from all mortgages.

2.

The owner of the mortgaged thing or the debtor may demand the termination of mortgage, if:

1)

the debt obligation has been performed;

2)

the mortgage in respect of the thing has been cancelled;

3)

the mortgagee or his whereabouts have been unknown for ten years at the maturity.

3.

The mortgage may extinguish upon the agreement of the mortgagee and the debtor or when the mortgagee relinquishes the mortgage.

4.

If at the maturity the mortgagee refuses to accept the thing secured by mortgage obligation, the debtor may pay the respective amount into the deposit account of the mortgage office. The mortgage extinguishes when the total amount has been paid into the deposit account.

5.

The time of the extinction of the mortgage is the moment of its de-registration from the Register of Mortgages.

CHAPTER XII

THE PLEDGE

Article 4.198. Concept of a Pledge
1.

A pledge shall mean pledging of a movable thing or real rights securing the discharge of an existing or future debt obligation when the object of the pledge is transferred to the creditor, a third person or remains with the pledgor. The object of a pledge remaining with the pledgor may be locked, sealed or marked by marks indicating that it has been pledged.

2.

Pursuant to the pledge, the creditor (the pledgee) has the right to satisfy his claim from the value of the collateral prior to other creditors, if the debtor fails to discharge the obligation secured by the pledge (in the event of default).

Article 4.199. Grounds for the Pledge
1.

A pledge is created by contract or by law. When a pledge is created by law, the law shall specify exactly the thing subject to a pledge.

2.

Provisions of this Book regulating legal mortgages are applied mutatis mutantis to a legal pledge (when a pledge is created by law or on the grounds of a court judgement).

Article 4.200. Claims Secured by the Pledge
1.

A pledge may secure a performance of any monetary obligation.

2.

A pledge is a derivative obligation from a principal obligation. Rights of the pledgee are derived from his rights as a creditor and the exercise of these rights depends on the fate of the obligation secured by a pledge.

3.

Unless otherwise provided in the contract or by the law, a pledge secures a claim to the extent it is at the time of its satisfaction including interest, punitive interest, losses incurred due to delay and necessary recovery expenses that are covered first of all.

Article 4.201. Object of the Pledge
1.

Movable things and real rights may be the object of the pledge.

2.

Things in respect of which under the existing laws enforcement may not be levied as well as movable things that have been pledged together with an immovable thing in accordance with the procedure established in Article 4.171(3) of this Code may not be the object of the pledge.

3.

Unless otherwise provided in the contract and by the law, a pledge of the thing covers accessories of the thing and non-separated fruits.

4.

The risk for an accidental destruction or a breakdown of the thing is borne by the pledgor, unless otherwise provided in the contract or by the law.

5.

In cases established by law, things that will come into the pledgor’s ownership in the future may also be the object of the pledge. Enforcement may be levied in respect of those things only when they come into the pledgor’s ownership.

6.

Jointly owned things may be pledged only upon a written consent of all co-owners.

Article 4.202. Pledge of Goods in Stock that are in Circulation

A pledgor, having pledged goods in stock that are in circulation (goods, raw materials, semi-finished goods, finished goods), has the right to change the composition and form of pledged goods in stock provided their total value is not reduced. When pledged goods are sold while the pledgor is engaged in business as set forth in its bylaws, the pledge of goods is released and new goods in stock acquired by the pledgor become the object of the pledge from the time of acquisition of the goods into ownership.

Article 4.203. Substitution of the Collateral
1.

Upon the consent of the pledgee(s), the pledgor may substitute the thing defined by individual characteristics, that is the object of the pledge, by another thing that has not been previously pledged.

2.

In the case specified in paragraph 1 of this Article, the pledge of the prior thing is revoked following the execution of the pledge of a new thing.

Article 4.204. Real Rights as the Object of the Pledge
1.

Rights towards the land, forest, other things, i.e. the right of use, the right of lease and other property rights, except for rights related to the personality of the owner of the thing pledged as well as rights that are not transferable by laws or by the contract may be the object of the pledge.

2.

In cases prescribed by laws, property rights that the pledgor will acquire in the future may also be the object of the pledge.

3.

When a property right subject to a pledge is evidenced by securities or special documents, they are transferred to the pledgee unless otherwise provided by laws or by an agreement of the parties.

Article 4.205. Insurance of the Object of the Pledge
1.

The law or the contract may stipulate the duty to insure the thing that has been pledged (the thing to be pledged).

2.

A contract may also provide for the duty of the pledgor (a legal person) to insure the object of the pledge in the event of liquidation or insolvency.

3.

In the event of insured accident, the creditor whose claims are secured by the pledge has a priority right (in accordance with the succession of pledges, if there have been multiple pledges) to satisfy his claims from the sum of the insurance indemnity.

Article 4.206. The Pledgor
1.

A debtor himself and a third person may also be the pledgor.

2.

The pledgor must be the owner of the collateral or a person having the property right that is the object of the pledge except when the law stipulates that the object of the pledge may be acquired into the pledgor’s ownership in the future.

3.

A property right that belongs to several persons may be pledged upon a written consent of all of them.

4.

The lessee (the recipient of the loan-for-use) may pledge rights related to the lease of the thing (loan-for-use) only upon a written approval of the lessor (delivering party).

Article 4.207. Remaining of the Right to Pledge when the Right of Ownership of the Collateral has been Transferred to Another Person
1.

When the right of ownership of the collateral is transferred to another person, the right to pledge remains due when the object of the pledge was transferred to the pledgee or when the pledge bond was registered in the Register of Mortgages unless the laws provide otherwise. This rule also applies when property rights constitute the object of the pledge.

2.

The right to pledge is valid in all its entirety and in the case when the debtor performs the obligation partially.

Article 4.208. Right to Inspect the Subject of Pledge
1.

A creditor has the right to inspect the number, condition, storage conditions, etc., of pledged things controlled by the pledgor unless otherwise provided in the contract.

2.

When the pledgor violates storage conditions of the collateral, refrains to submit a damaged thing or to supply the remains of the destroyed thing, the creditor is entitled to request the discharge of the obligation secured by the pledge before the expiration of its term.

Article 4.209. Form of a Pledge Contract and of a Unilateral Declaration of the Owner of the Object of the Pledge
1.

When the object of the pledge is transferred to the pledgee, a written pledge contract is concluded. A pledge contract may be concluded as an individual contract or as a pledge contract that could be included into the agreement from which the principal obligation arises.

2.

When the object of the pledge is transferred to a third person or remains with the pledgor, a pledge contract and a unilateral declaration of the owner of the object of the pledge to pledge things or property rights is drawn by perfecting a pledge bond certified by a notary and registered in the Register of Mortgages.

3.

Non-compliance with rules laid down in paragraphs 1 and 2 of this Article turns the contract null and void.

4.

A pledge contract (bond) is signed by a pledgor, a debtor, a creditor and a person to whom the object of the pledge is transferred. If the object of the pledge is pledged by a unilateral declaration of the owner, the pledge bond is signed only by a pledgor.

5.

The pledge of the thing may be executed by transferring to the creditor documents granting rights towards this thing (consignments, etc.).

Article 4.210. Contents of a Pledge Contract (Bond)
1.

A pledge contract (bond) shall indicate the following: the venue and the date of its conclusion, a pledgor, a debtor, a creditor and a person to whom the object of the pledge was transferred, their place of residence (office), the description of the collateral (property rights), the value and the location, an obligation secured by a pledge (interest included), the amount or a maximum amount of the obligation and the date of performance.

2.

A pledge contract (bond) may include other additional data.

Article 4.211. Subsequent Pledges
1.

When by a prior pledge the thing was not transferred to the pledgee and if the pledge bond does not provide otherwise, a subsequent pledge is allowed when the object of the pledge is not transferred to the pledgee. In such cases, the prior pledge remains valid.

2.

A pledgor must notify each creditor about all prior and subsequent pledges and obligations secured by the pledge and their amount. A pledgor must compensate the losses incurred by any of the creditors arising from the failure to discharge this duty.

Article 4.212. Pledge Priority
1.

If in respect to the same subject of the pledge several pledge bonds are registered, the priority is given to the claim that is secured by a registered pledge bond of the application filed earlier.

2.

The creditor’s claim in respect of which the pledge right was created later is satisfied only following the compensation of expenses related to the sale of the collateral and having fully satisfied the claims of a prior creditor.

Article 4.213. Creation of the Right to Pledge

The right to pledge is created as of the time of the conclusion of the pledge contract when the collateral is transferred to the creditor. When the collateral remains with the pledgor or is transferred to a third person, the right to pledge is created as of the time of the registration of the pledge in the Register of Mortgages.

Article 4.214. Duties of the Person to whom the Collateral is Transferred

The person to whom the collateral has been transferred must take proper care of it. He is liable for the preservation thereof if he fails to prove that the thing has been lost or damaged through no fault of his. This person has no right to use the collateral unless otherwise provided by law or the contract.

Article 4.115. Vindication of the Collateral

If the collateral ceases to be controlled by a pledgee, a pledgor or a third person, the pledgee or the third person can vindicate the thing in accordance with Articles 4.95-4.97 of this Code.

Article 4.216. Creation of the Right of Enforcement towards the Object of the Pledge
1.

A pledgor acquires the right of enforcement towards the object of the pledge, upon a failure to perform, but not earlier than 20 days after the expiry of the time period for the performance of the obligation. The beneficial term that is not shorter than ten days may be set up by a mutual agreement of the parties.

2.

A creditor is entitled to demand that the obligation secured by the pledge be perform before the expiration of the maturity date when the enforcement is directed towards the collateral by another person, if the pledgor dies or the liquidation procedure of the pledgor (the legal person) commences, the collateral has been lost or, due to circumstances beyond the control of the pledgor, its value decreased by more than 30 percent; the pledgor prevents the creditor from inspecting the condition of the collateral; terms of the pledge contract are breached in respect to a subsequent pledge or if the pledgor fails to comply with other contract terms and conditions or performs acts that may result in the decrease of value of the collateral or the enforcement may become impossible.

Article 4.217. Enforcement towards the Object of the Pledge that Consists of Two or More Things (Property Rights)

When the object of the pledge consists of two or more things (property rights), the enforcement may be directed towards all those things (property rights) or towards each of them individually. The right of choice belongs to the pledgee till a full satisfaction of the claim.

Article 4.218. Consequences Arising when the Claims of the Pledgee are Satisfied by a Third Person

When a claim of a pledgee is fully satisfied by a third person, the right to pledge together with a right to claim are transferred to him.

Article 4.219. Enforcement Procedure of Collaterals
1.

When a debtor fails to perform the obligation secured by a pledge, the claim of a creditor is satisfied from the value of the collateral, unless the law or the contract provides otherwise.

2.

A creditor must notify a debtor and a pledgor (when a pledgor is not the same person as a debtor) in writing, that if the obligation secured by a pledge within the time period stipulated in Article 4.216 of this Code is not performed, the enforcement shall commence. If a pledge is registered in the Register of Mortgages, a written warning notice to a debtor is delivered through the Office of Mortgages that is bound to inform all persons listed in the Register of Mortgages who are entitled to the thing against which the enforcement is levied.

3.

A pledgor, having received a warning notice about the enforcement of the thing, has no right to transfer, lease or otherwise encumber it. The collateral is to be transferred to a creditor. In that event, the procedure specified in Article 4.125 shall apply.

4.

If the pledgor fails to transfer the collateral to the creditor, the creditor may apply to a mortgage judge with a request to seize and to transfer the collateral to him.

5.

A creditor sells the collateral in the manner agreed by a creditor, a debtor and a pledgor (when a pledgor is not the same person as a debtor) or, upon their mutual agreement, the collateral is transferred into the ownership of a creditor; failing the agreement – it is sold at the auction. If the thing is subject to several pledges, it can be sold into the ownership of one of the creditors only upon the agreement of all creditors. The creditor converts pledged securities in accordance with the procedure established by laws. When the collateral is sold, proceeds are transferred to the deposit account of the Office of Mortgages and distributed in accordance with the procedure established by the Civil Procedure Code.

6.

When the amount received from the sale of the collateral is not sufficient to fully satisfy the claim of the pledgee and if the law or the contract do not provide otherwise, the pledgee has the right to recover the remaining amount from the debtor’s other property. In that event, the pledgee shall not have any priority against other creditors.

Article 4.220. Realisation of Property Rights Subject to a Pledge
1.

If property rights are the object of the pledge, they are realised by transferring to a creditor the pledgor’s claims arising from the pledged right or part of a claim corresponding to the amount of a debt obligation when the debt obligation is smaller than the right to claim.

2.

A creditor acquires the right to demand the transfer of the pledged right as from the time when he acquires the right to direct the enforcement against the object of the pledge.

Article 4.221. Procedure for the Satisfaction of the Creditor’s Claim Secured by the Funds in the Bank Account of the Pledgor
1.

When funds in the bank account of the pledgor were pledged to secure the discharge of an obligation, upon delivery to the debtor a warning notice about the enforcement, the right to operate the bank account of the pledgor is assigned to the creditor by a written application of the pledgor, or if he objects, by a decision of a mortgage judge.

2.

Having satisfied the claim from the existing and incoming funds in the pledgor’s bank account, the right of the creditor to operate the account of the pledgor terminates and the creditor is bound to return to the pledgor the pledge bond with an inscription therein about the satisfaction of the claim.

Article 4.222. Settlements after the Sale of the Collateral
1.

If after the sale of the collateral, the proceeds are in excess of the creditor’s claim, the difference in the amount must be paid to the pledgor.

2.

If through the fault of a creditor, the collateral was sold by a lower price, the pledgor has the right to demand the difference between the real market value of the thing and the price for which the thing was sold.

Article 4.223. Transfer of the Claim Secured by the Pledge or the Right Arising from the Pledge
1.

The contract on the assignment of the claim secured by the pledge or part of it shall be concluded following the rules established in Book Six of this Code specifying requirements for the assignment of a claim. A debtor should be notified about the assignment of a claim, and if the pledgor is a third person – he shall also be notified.

2.

The right of claim arising from the registered pledge is effected by way of assignment of the pledge bond by endorsement. The assignment of the right of claim is registered in the Register of Mortgages in the same manner as the pledge.

Article 4.224. Extinction of the Right to Pledge
1.

The right to pledge is extinguished:

1)

upon the extinction of the obligation secured by the pledge;

2)

upon the loss of the collateral;

3)

when the pledgee acquires the ownership right towards the collateral or when the pledged rights are assigned to the pledgee;

4)

when the creditor can not satisfy its claim from the subject of the pledge due to the delay of the limitation of actions;

5)

by the agreement of parties or when the creditor renounces the pledge.

2.

When the pledged property is transferred upon the demand of the creditor to whom the property has been pledged, all property pledges are revoked.

Article 4.225. Guarantees of the Pledgor’s Interests
1.

A pledgor has the right at any time from the date of the maturity of the obligation till the moment of the realisation of the subject of the pledge to revoke the pledge by properly discharging the obligation secured by the pledge.

2.

If the obligation secured by the pledge may be discharged in parts, the pledgor has the right to suspend the enforcement of the subject of the pledge by discharging part of the obligation in respect of which the deadline for the discharging the obligation has not been effected.

3.

The pledgor has the right to claim from the creditor compensation for losses incurred during the enforcement proceedings, also losses resulting from an improper custody of the subject of the pledge or a compulsory sale.

Article 4.226. Extinction of the Right to Pledge by Depositing Money

If the pledgor refuses to accept the performance of the monetary obligation secured by the pledge, the pledgee may pay a respective amount into the depository account of the notary, bank or any other credit institution and when the pledge is registered in the Register of Mortgages – into the depository account of the Office of Mortgages. After a total sum of the debt has been deposited, the right to pledge extinguishes.

Article 4.227. Concept of the Pledge at a Pawnshop
1.

Articles of personal use may be pledged at pawnshops in order to secure the repayment of short-term credits that are granted to natural persons by pawnshops.

2.

When transferring pledged things to a pawnshop, the pledgor is issued a pledge ticket.

Article 4.228. Rights, Duties and Responsibilities of a Pawnshop
1.

A pawnshop has no right to use or dispose of pledged things except in the case specified in paragraph 3 of this Article.

2.

A pawnshop is responsible for the loss (destruction) and damage in respect of pledged things, if it fails to prove that things have been lost (destroyed) or damaged due to force majeure.

3.

If within a specified period the amount of credit secured by the pledge of the thing is not returned to a pawnshop, the pawnshop has the right upon the expiration of one month to sell the pledged thing in accordance with the procedure established in paragraphs 2 and 5 of Article 4.219, Articles 4.222 and 4.225.

4.

After the pledged thing is sold, the right of claim of a pawnshop in respect of the pledgor (debtor) terminates even if the amount received from the sale of the thing is not sufficient to satisfy the requirements of the pawnshop as a creditor.

SECTION XIII

RETENTION OF A THING

Article 4.229. Contents of the Right of Retention
1.

A lawful possessor who has the right of claim in respect of the owner of the thing belonging to another is entitled to retain the thing until his claim is satisfied.

2.

The right of retention may not be exercised before the term for performance of the obligation.

3.

Other laws may specify other rules for the retention of the thing.

Article 4.230. Indivisibility of the Right of Retention

The right of retention shall not be divided, therefore the possessor may retain the entire thing until his claim is fully satisfied.

Article 4.231. Right in Respect of Fruits of the Retained Thing
1.

A person who enjoys the right of retention may keep the fruits of the retained thing and thus satisfy his claims prior of other creditors.

2.

Initially the interest is paid from the proceeds resulting from the fruits of the thing, while claims arising from the principal obligation are satisfied subsequently.

Article 4.232. Custody Conditions of the Retained Thing
1.

agreed otherwise.

2.

If A person who has the right of retention must keep and preserve the thing in such a way that its security is ensured.

3.

A person who has the right of retention may not lease, pledge or otherwise encumber the thing or use it in accordance with its destination except for the use that is necessary to preserve the thing unless the law provides otherwise or the person who retained the thing and the owner of the thing have a person who has the right of retention breaches the duties laid down in paragraphs 1 and 2 of this Article, the debtor has the right to apply to the court with a request to transfer the thing to him.

Article 4.233. Remuneration of Expenses Related to the Retention of the Thing
1.

If the person who has the right of retention incurred expenses related to the retained thing, he may demand from the owner of the thing to cover the expenses thereof except when the owner proves that such expenses were not necessary.

2.

If the person who has the right of retention within the time of retention incurs expenses that increase the value of the thing, he may demand from the owner of the thing to pay the amount by which the value of the thing has increased or to cover expenses in some other way.

Article 4.234. Limitation of Actions in Cases of Retention

The exercise of the right of retention shall have no impact on the limitations of actions that has been established for the claim in respect of which the possessor of the thing has the right thereof.

Article 4.235. Extinction of the Right of Retention
1.

The debtor, having submitted the adequate proof that he has performed his obligation, is entitled to demand the transfer of the thing to him.

2.

The right of retention of the thing extinguishes, when the possessor of the thing loses the right to operate except when, upon the consent of the owner of the thing (the debtor), the thing is leased or pledged to other persons.

CHAPTER XIV

ADMINISTRATION OF THE PROPERTY OF OTHERS

Article 4.236. Scope of Application of Property Administration Provisions
1.

Provisions of this Chapter shall regulate the activities of each person who administrates the property belonging by the ownership right to another except cases when this Code or other laws provide for the other form of property administration.

2.

Administration is established by a court order, by law or by transaction. In cases provided for under this Code, the administration may be established by an administrative act.

3.

The administration fact of an immovable thing is registered in the public register and the administrator thereof is indicated.

Article 4.237. Property Administrator
1.

Any natural or legal person who is permitted by legal acts to provide administrative services may be a property administrator.

2.

In concluding transactions the administrator is bound to indicate that he acts in the capacity of an administrator.

Article 4.238. Right of the Property Administrator to Remuneration
1.

The property administrator is entitled to the remuneration fixed in the act establishing administration except cases when according to the law the administration is gratuitous. If in the act establishing administration the remuneration is not fixed, it is established by court according to the market value of the services rendered by the administrator.

2.

If the administrator is not paid on time, he is entitled to keep the appropriate amount as remuneration for the administrative services rendered from the sum to be paid to the beneficiary, or to retain the property till the time he is paid.

3.

If there are several beneficiaries, they all are under a solidarily obligation in respect to the payment of the remuneration to the administrator.

4.

A person acting without right or authorisation is not entitled to any remuneration.

Article 4.239. Kinds of Property Administration
1.

A simple administration is established when the administrator performs all the acts necessary for the preservation of the property or useful for the maintenance of the use for which the property is destined; a full property administration is established when the administrator is not only to preserve the property but increase it and to make it productive and to use it to a purpose in the best interests of the beneficiary.

2.

The kind of administration is established in the administration act. If the kind of administration is not established in the administration act, it shall be deemed to be simple administration.

Article 4.240. Contents of Simple Property Administration
1.

In case of simple administration, the administrator is bound to collect the fruits and revenues of the property, to register debts and to give valid acquittance for them from the property under his administration and to exercise other rights pertaining to the property operation and use. The administrator is entitled to make sound investments in accordance with the provisions of this Chapter.

2.

If securities are administrated, the administrator is entitled to vote and exercise other rights and obligations pertaining to securities.

3.

The administrator is not entitled to change the destination of the property unless he is authorised to make such a change by the court.

4.

With the authorisation of the court, the administrator may transfer the property to other persons for payment or to charge it with a pledge where it is necessary for the payment of the debts or the maintenance of the value of the property. The administrator may dispose of perishable property without an authorisation of the court.

Article 4.241. Contents of Full Administration of Property

In case of full administration, the administrator, in addition to rights stipulated in Article 4.240 of this Code, may transfer the property, invest, pledge, charge it with a real right or change its destination.

Article 4.242. Obligations of the Property Administrator Towards the Beneficiary
1.

The administrator shall, in carrying out his obligations, comply with laws and rules of the administration act. The administrator is not liable for loss of the property resulting from its normal depreciation and for the decrease of property value or the destruction of property due to force majeure.

2.

The administrator must carry out his obligations with prudence, honesty and solely in the best interests of the beneficiary. The administrator may not exercise his powers in his own interest or that of a third person.

3.

If the administrator himself is a beneficiary, he shall exercise his obligations in common interests of all beneficiaries by acting impartially and by respecting and equally protecting their rights.

4.

The administrator shall have the right to make claims related to the administration of property as well as to enter the case in relation to the administrated property initiated by other persons.

5.

The court, in appreciating the extent of civil liability of the administrator for the damage caused, and in view of the fact that the administrator has acted gratuitously and other important circumstances, may reduce the resulting damages.

Article 4.243. Prohibitions in Respect of the Property Administrator
1.

The administrator shall be prohibited from carrying out his functions in is own personal interest. The administrator must notify the beneficiary without delay about each conflict of interests.

2.

The administrator shall have no right to merge or mingle the property under administration with his own property, to use the administrated property or information related to the administration of the property in his interests except with the consent of the beneficiary or by the act establishing administration.

3.

The administrator shall have no right to transfer the administrated property to other persons gratuitously, he may not renounce any right belonging to the beneficiary in respect to the property administrated.

4.

The administrator shall have no right to acquire the administrated property except with the authorisation of the beneficiary or the court or acquire by succession.

Article 4.244. Obligations of the Property Administrator or the Beneficiary Towards Third Persons
1.

The administrator is not personally liable towards third persons in respect of obligations arising from property administration, except if he binds himself in his own name.

2.

The administrator is personally liable towards third persons when he exceeds his powers unless the transaction was subsequently ratified by the beneficiary or a third person was aware of that fact that the administrator while acting exceeded his powers.

3.

The beneficiary is liable towards third persons for the damage caused by the fault of the administrator in carrying out his functions only up to the amount he has derived from the administrator.

4.

It shall be deemed that the administrator exceeds his powers, if he has alone performed such actions that could have been only performed jointly with another person, except cases when he has performed such actions more advantageously than he has been requested to do.

Article 4.245. Making an Inventory of the Administrated Property and Insurance
1.

The administrator is bound to make an inventory of the property, to insure the property against theft, fire and other elemental forces, to insure his own personal civil liability or to guarantee the performance of his obligations in some other way only in when this is stipulated by law, the act establishing administration or a court judgement. Both the property and the civil liability of the administrator are insured at the expense of the beneficiary unless provided otherwise.

2.

If the administrator is bound to make the inventory, such an inventory shall contain the following:

1)

the indication of the type, value, destination, location and individual characteristics of things;

2)

securities and currency in cash;

3)

property related rights and obligations.

3.

The property described in the inventory is presumed to be in appropriate condition on the date of the preparation of the inventory unless it is proved otherwise.

4.

The administrator shall furnish the inventory to the person or the institution that entrusted him with the administration, copies of the inventory – to the beneficiary and also to other persons he knows to have an interest. Any interested person has the right to contest the inventory and demand that a new inventory is prepared.

Article 4.246. Joint Administration of the Property
1.

Where several administrators are charged with administration, all decisions pertaining to property administration are taken by a majority of them unless the law or the act establishing administration requires all of them to act jointly.

2.

If several administrators avoid taking a decision, the others may apply to the court for the authorisation to act individually or to modify a decision taking procedure.

3.

An administrator is presumed to have approved any decision made in his absence unless he makes his dissent known to the beneficiary and other administrators within a reasonable time after becoming aware of the decision.

4.

An administrator may delegate only specific acts to other persons or his representative. An administrator may delegate all his functions only to his co-administrators. An administrator himself is accountable for the actions performed by such persons.

Article 4.247. Liability of Administrators in Joint Administration of the Property
1.

All joint administrators are solidarily liable for their administration unless their duties have been divided by the law, a court judgement or an act establishing administration. In that event each administrator is liable for his own administration only.

2.

An administrator may be relieved of liability for the decision taken unless he immediately indicates his dissent to his co-administrators and notifies it to the beneficiary. The administrator may be relieved of liability if he proves that having declared to co-administrators his dissent he was unable for serious reasons to make his dissent known to the beneficiary.

3.

Administrators are accountable to the beneficiary for their acts, and when they delegate their duties to other persons – they are also accountable for the acts of persons selected by them.

Article 4.248. Investment of Property under Administration
1.

Investments of property under administration are made in the name of the beneficiary unless otherwise provided by the law or an act establishing administration.

2.

Investments are presumed sound if the property:

1)

is invested into immovable things;

2)

is invested into governmental securities.

3.

An administrator who made unsound investments of the property is liable for any loss resulting from them.

Article 4.249. Account and Use of Revenues Generated by the Administrated Property
1.

From the revenues generated by the administrated property, the administrator is entitled:

1)

to pay insurance premiums pertaining to administrated property;

2)

to cover costs of the property repairs and maintenance;

3)

to pay taxes payable on the administrated property;

4)

to use part of property to cover depreciation expenses;

5)

to discharge other obligations related to property administration.

2.

An administrator is bound to maintain the revenue and expenditure account. By the end of a calendar year, the administrator must render a detailed summary account of his administration. If there are several property administrators, they must render a joint account unless their duties have been divided.

3.

An administrator must allow the beneficiary examine the books and other financial documents. Any interested person may apply to the court with a request that the account be audited.

Article 4.250. Extinction of Property Administration

Administration is extinguished:

1)

by extinction of rights of the beneficiary in the administrated property;

2)

by expiry of the term of administration or fulfilment of the condition stipulated in the act establishing administration;

3)

by disappearance of the cause that gave rise to administration or by achievement of the object of administration.

4)

by termination of property administration.

Article 4.251. Extinction of Property Administrator’s Powers
1.

The powers of a property administrator extinguish:

1)

upon his death, upon liquidation of the administrator as a legal person or upon the initiation of a bankruptcy case against him;

2)

when the administrator renounces his powers;

3)

by declaring an administrator incapable or partially capable;

4)

by his replacement;

5)

by termination of administration.

2.

The administrator may renounce his powers. He shall notify one month before a person or institution that appointed him, the beneficiary and other administrators, if there are several of them, about his resignation.

1.

The administrator who failed to give notice of his resignation in time shall cover losses due to his resignation unless he was unable to notify for serious reasons.

2.

A beneficiary or any other interested person concerned may apply for the replacement of an administrator if the administrator fails to fulfil his functions properly.

3.

Upon the death of the administrator, his successors are bound to give notice of the death without delay to the person or institution that appointed him and the beneficiary. His successors must preserve the property as far as possible till the appointment of a new administrator.

Article 4.252. Consequences of the Termination of Property Administration
1.

Upon the termination of administration, the administrator shall render a report to a person (institution) that appointed him, the beneficiary, as well as other administrators, shall deliver over the property where it is and shall deliver over all that he has received in the performance of his duties, apart from remuneration for administration.

2.

If an administrator concludes a transaction after the termination of administration being unaware of it and when he could not be aware that the administration had terminated, such a transaction is valid and binding to the beneficiary. The same rule applies to transactions contracted that are required to preserve the administrated property. The beneficiary is also bound by transactions contracted by third persons with the administrator who were unaware that the administration had terminated.

CHAPTER XV

REGISTRATION OF THINGS, REAL RIGHTS AND JURIDICAL FACTS

Article 4.253. Objects of registration
1.

Registered things shall be immovable things and movable things by their nature that are formed according to the procedure established by the law and the principals of registration of their acquisition and transfer are specified by legal acts.

2.

Things indicated in paragraph 1 of this Article, encumbrances, real rights and, in cases prescribed by laws, juridical facts shall be registered in the public register.

Article 4.254. Registered Juridical Facts

The following juridical facts pertaining to things, encumbrances and real rights shall be registered in the public register:

1)

transactions and decisions by which a legal status of the registered thing is changed or the possibilities for its management, use and disposal are substantially modified;

2)

contracts of co-owners of the registered thing on the commonly owned thing;

3)

the inheritance of the registered thing;

4)

the seizure of the registered thing;

5)

changes of the registered thing (its size, destination, etc.) and changes of surnames, names of persons, the name of the legal person who has real rights towards it;

6)

the fact of the initiation of a civil action on the legal status of the registered thing;

7)

res judicata judgements that have an impact on the legal status of the registered thing and respective court orders;

8)

the fact of property administration;

9)

the fact of the formation of a new thing or the disappearance of the former.

Article 4.255. Legal Principles for the Registration of Juridical Facts in the Public Register

Documents certifying that juridical facts took place based on which such juridical facts are registered in the public register are the following:

1)

a decision of a public authority or a governmental institution;

2)

a court judgement, order, decision, sentence;

3)

a decision on the seizure of the property by institutions or officials established by laws;

4)

a marriage, divorce certificate; a certificate on the change of the name, surname; a death certificate of the property owner;

5)

a certificate of the right of inheritance;

6)

a notification of the court about the initiation of a civil action on the legal status of the registered thing;

7)

written transactions;

8)

a contract (deed) of the sale of property in a public forced auction;

9)

other documents prescribed by laws.

Article 4.256. Applications to Register Things, Encumbrances, Real Rights or Juridical Facts
1.

A person wishing to register the thing, encumbrances, real rights or juridical facts submits to the public register controller an application of a standard form.

2.

An application to register the thing and rights of ownership towards the thing is submitted by the person who has acquired the thing, and upon the registration of real rights towards the thing of another as well as encumbrances – an application is submitted by the holder of such rights or a person interested in registration thereof. The application to register juridical facts is submitted by an authorised agency or by a person interested in their registration. A person submits the application in person or through his representative who has the authorisation issued in accordance with the procedure established by laws.

3.

Documents certifying the acquisition of the thing into the ownership, encumbrances, the existence of real rights or the occurrence of juridical facts shall accompany the application for registration.

Article 4.257. Examination of the Application to Register Things, Encumbrances, Real Rights or Juridical Facts and the Adoption of the Decision
1.

A public register controller shall examine and make decisions pertaining to the application to register things, encumbrances, real rights or juridical facts. When the application has been examined, the following decisions could be made – to satisfy an application that is: to register things, encumbrances, real rights or juridical facts or to reject the application: to refuse to register things, encumbrances, real rights or juridical facts. In cases prescribed by laws, a public register controller may suspend the adoption of a decision by indicating circumstances that hinder registration and by setting a deadline for the removal of those circumstances.

2.

After the adoption of the decision to register things, encumbrances, real rights or juridical facts, documents certifying their registration in a public register are issued.

3.

The fee for the registration of things, encumbrances, real rights or juridical facts is fixed by legal acts.

Article 4.258. An Appeal against the Registration and the Refusal to Register Things, Encumbrances, Real Rights or Juridical Facts

In accordance with the procedure established by laws, the persons concerned may appeal against the registration or the refusal to register things, encumbrances, real rights or juridical facts.

Article 4.529. Time of the Registration of Things, Encumbrances, Real Rights or Juridical Facts

Things, encumbrances, real rights or juridical facts shall be deemed registered when the respective data are entered into the public register in accordance with the procedure established by laws.

Article 4.260. Compensation for Damage through the Fault of a Public Register Controller
1.

The damage due through the fault of a public register controller is compensated in accordance with the procedure prescribed by laws. A person shall apply to the public register controller for damage compensation no later than within one month from the date when the fact about the appearance of damage becomes known.

2.

A public register controller is not be liable for the damage sustained by persons on the grounds of common principles for the exemption from civil liability as well as in cases when persons who incurred damage:

1)have submitted to the register controller inaccurate data;

2)having learnt out about an inaccurate or wrong inscription into a public register within one month failed to take any measures provided by laws to protect the rights that have been violated.

3.

Disputes on the compensation of damage are settled by court.

Article 4.261. Right to Use the Public Register Data

Each natural or legal person has the right to use the public register data except for restrictions prescribed by laws. The Government shall determine the amount and the procedure for setting up the remuneration fee for the use of the public register data.

Article 4.262. Legal Status of the Register Data

The data entered into the public register shall be deemed accurate and comprehensive until contested in the manner prescribed by laws.

BOOK FIVE

LAW OF SUCCESSION

CHAPTER I

GENERAL PROVISIONS

Article 5.1. Concept of succession

1. Succession is the devolution of property rights, duties and some other personal non-property rights of a deceased natural person to his heirs by operation of law (intestate) or/and to successors by the will (testate).

2. The following shall be subject to succession: material objects (movable and immovable things) and non-material objects (securities, patents, trade marks, etc.) claims of patrimonial character and property obligations of the bequeather; in cases provided for by laws – intellectual property (authors’ property rights to works of literature, science and art, neighbouring property rights and rights to industrial property), as well as other property rights and duties stipulated by laws.

3. The following shall not be subject to succession: personal non-property and property rights inseparable from the person of the bequeather (right to honour and dignity, authorship, right to author’s name, inviolability of creative work, to the name of performer and inviolability of performance), right to alimony and benefit paid for the maintenance of the bequeather, right to pension, except in cases provided for by laws.

Article 5.2. Grounds for succession

1. Succession shall arise by operation of law and by a will.

2. Succession shall arise by operation of law unless the testator has changed, and to the extent he has changed, the grounds for succession by his testamentary disposition.

3. In the instances when there are no successors either by operation of law or by a will, or none of the successors accepts succession, or when the testator deprives all the heirs of the right to succession, the estate of the deceased shall devolve to the state pursuant to the right of succession.

Article 5.3. Opening of succession

1. The time of the opening of succession shall be considered the moment of death of the bequeather, and in the event where he is declared deceased, the day when the judgement of the court on the declaring of the bequeather to be deceased becomes res judicata, or the day of death indicated in the court judgement.

2. In the instances where it is impossible to determine which of the two or more persons survived the each other, they all shall be considered to have died at the same time, without the arising of the devolution of rights.

Article 5.4. Place of the opening of succession

1. The place of the opening of succession shall be considered the last place of domicile of the bequeather (Article 2.12 of this Code).

2. In the event where the bequeather had no permanent place of residence, the place of the opening of succession shall be considered to be:

1) the place where the bequeather lived most time during the last six months before his death;

2) if the bequeather resided in several places, the place of the opening of succession shall be considered the place of prevailing economic or personal interests of the bequeather (place of location of property or its principal part, when the property is situated in several places; the place of residence of the spouse with whom the bequeather maintained matrimonial relationship during the last six months before his death, or the place of residence of the child who was residing together with the bequeather).

3. Where the place of residence of the bequeather is impossible to determine in accordance with the circumstances indicated in Paragraphs 1 and 2 of this Article, the place of the opening of succession may be determined in accordance with the citizenship of the bequeather, his registration, the place of registration of the vehicles belonging to him, and other circumstances.

4. In the event of dispute, the place of the opening of succession may be determined by the court under the request of the interested persons, taking in regard all circumstances.

CHAPTER II

SUCCESSORS

Article 5.5. Persons who have capacity to inherit

1. The following persons shall have the capacity to inherit:

1) in succession by operation of law: natural persons who survived the bequeather at the moment of his death, children of the bequeather who were born after his death, likewise the State of Lithuania;

2) in succession pursuant to a will: natural persons who survived the testator at the moment of his death, likewise those who were conceived while the testator was still alive and were born after his death; persons named in the will before their conception – upon their birth;

3) in succession pursuant to a will: legal persons which existed at the moment of death of the testator, or established in executing the testator’s true intent expressed in his will.

2. The state or municipalities may also be entitled to inherit pursuant to a will.

Article 5.6. Persons unworthy of inheriting

1. Those persons shall be unworthy of inheriting either by operation of law or by a will who by unlawful intentional actions against the bequeather, or against any of his successors, or against the execution of the true intent of the testator expressed in his will, created legal situation to become successors if it was established within judicial procedure that they:

1) by malicious intent deprived the bequeathed or his successor of their life, or made an attempt on the life of those persons;

2) intentionally created circumstances which hindered the testator until his death in writing, amendment or revocation of the will;

3) by means of deceit, intimidation or coercion made the testator write up, amend or revoke the made will, or forced a successor to renounce succession;

4) concealed, forged or destroyed the will.

2. A successor shall not be unworthy of inheriting in accordance with Points 3 and 4 of Paragraph 1 of this Article if before the opening of succession, the will or relevant parts thereof ceased to be valid despite the actions of the successor.

3. Parents shall be unworthy of inheriting after the death of their children by operation of law if they were deprived of parental authority in accordance with a court judgement, and this judgement was not extinguished or abolished at the moment of the opening of succession.

Article 5.7. Forfeiture of the right of succession by a spouse

1. The surviving spouse shall forfeit his/her right of succession by operation of law if before the opening of succession:

1) the bequeather had applied to the court for the dissolution of marriage because of the fault of the surviving spouse, and the court had established a ground for the dissolution of marriage;

2) separation had been established by the court;

3) there was a ground for declaring the marriage null and void if a suit had been brought for declaring the marriage null and void. This point shall not apply in respect of a spouse who was not at fault for the marriage being declared null and void.

2. The grounds for declaring marriage null and void established in points 1 and 3 of paragraph 1 of this Article shall be established by the court before the opening of succession, or already after the opening of succession.

Article 5.8. Challenging the right of succession

A person claiming inheritance shall be able to challenge the lawfulness of the acceptance of succession as well as the issued certificate of the right of succession by bringing an action against the person who has accepted succession within a period of one year from the day of the opening of succession, or from the day when he became aware or should have become aware that the succession was accepted by another person.

Article 5.9. Effects of the challenging of the right of succession

1. When the court judgement by which the person claiming inheritance is not acknowledged heir with the right of succession becomes res judicata, this person shall be considered as not having accepted succession.

2. Where the action has been brought by a heir with the right of succession, he shall be considered as having accepted the succession, except in cases where this action is brought in the interests of other heirs.

3. Other heirs who ought to acquire the right of succession upon the court judgement indicated in Paragraph 1 of this Article becoming res judicata, shall have the right to accept succession within three months from the day when the court judgement becomes res judicata.

4. In respect of new heirs, hairship shall be considered open from the moment of the opening of succession (Article 5.3 of this Code).

Article 5.10. Persons not entitled to testamentary reservation

In the event where the beneficiary of testamentary reservation has performed actions indicated in Paragraph 1 of Article 5.6 of this Code, he shall forfeit his right to the testamentary reservation.

CHAPTER III

SUCCESSION BY OPERATION OF LAW (INTESTATE SUCCESSION)

Article 5.11. Order of intestate succession

1. In intestate succession, the following persons shall be heirs to inheritance in equal shares:

1) first degree descendants: bequeather’s children (including adopted children) and bequeather’s children born after his death;

2) second degree descendants: bequeather’s parents (adoptive parents), grandchildren;

3) third degree descendants: bequeather’s grandparents both on the father’s and mother’s side, bequeather’s great grandchildren;

4) fourth degree descendants: bequeather’s brothers and sisters, great grandparents both on the father’s and mother’s side;

5) fifth degree descendants: children of the bequeather’s brothers and sisters (nephews and nieces), likewise brothers and sisters of the bequeather’s parents (uncles and aunts);

6) sixth degree descendants: children of the bequeather’s parents’ brothers and sisters (cousins).

2. Second degree heirs shall inherit by operation of law only in the absence of the first degree heirs, or in the event of the latter’s non-acceptance or renunciation of succession, likewise in cases where the first degree heirs are deprived of the right to inherit. The third, fourth, fifth and sixth degree heirs shall inherit in the absence of heirs of superior degree or in the event of latter’s renunciation of succession or deprivation of the right to succession.

3. Adopted children and their descendants worthy to inherit after the death of their adoptive parent or his relatives shall be equalled to the children of the adoptive parent and their descendants. They shall not inherit by operation of law after the death of their parents and other blood relatives of a higher degree in the line of descent, likewise after the death of their blood brothers and sisters.

4. Adoptive parents and their relatives entitled to inherit after the death of their adoptive child or his descendants shall be equalled to the parents and other blood relatives. Parents of the adopted child and other blood relatives of a superior degree in the line of descent shall not inherit by operation of law after the death of the adopted child or his descendants.

5. Entitled to inherit by operation of law shall be the children of the bequeather born to their parents in marriage, or to the parents whose marriage was acknowledged null and void, likewise children born out of wedlock with their paternity established in accordance with laws.

Article 5.12. Succession by the right of representation

The bequeather’s grandchildren and great-grandchildren shall inherit by operation of law alongside with correspondingly the first and second degree heirs entitled to inherit in the event of the predecease at the time of the opening of succession of any of their parents who would have been a heir. They shall be entitled to equal shares of that part of estate which would have been inherited by their deceased father or mother pursuant to intestate succession.

Article 5.13. Spouses’ right of inheritance

The surviving spouse of the bequeather shall be entitled to inherit pursuant to intestate succession or alongside with the heirs (if any) of either the first or second degree of descent. Together with the first degree heirs, he shall inherit one fourth of the inheritance in the event of existence of not more than three heirs apart from the spouse. In the event where there are more than three heirs, the spouse shall inherit in equal shares with the other heirs. If the spouse inherits with the second degree heirs, he is entitled to a half of the inheritance. In the event of absence of the first and second degree heirs, the spouse shall inherit the whole inheritable estate.

Article 5.14. Inheritance of house furnishing and household equipment

Ordinary house furnishing and household equipment shall be devolved to the intestate heirs irrespective of their degree of descent and the share of inheritance if they resided together with the bequeather for a period of at least one year before his death.

CHAPTER IV

INHERITANCE BY WILL (TESTATE SUCCESSION)

Article 5.15. Testamentary capacity

1. A will may be made exclusively by the testator himself.

2. A will may be made only by a legally capable person who is able to comprehend the importance and consequences of his actions.

Article 5.16. Nullity of a will or its parts

1. A will shall be null and void if:

1) made by an legally incapable person;

2) made by a person of limited legal capacity due to the abuse of alcoholic drinks, narcotic or toxic substances;

3) its content is unlawful and impossible to understand.

2. A will may be acknowledged null and void on other grounds of nullity of transactions.

3. A perished will shall have no effect. The content of such a will may not be established by judicial procedure.

4. A testator may not authorise another person to establish or alter the content of a will after the death of the testator.

Article 5.17. Contesting of a will

1. An action for acknowledging a will or separate parts thereof null and void may be brought only by other intestate or testate successors who would be entitled to inherit if the will or separate parts thereof were acknowledged null and void.

2. On acknowledging a later made will null and void, the previous will shall not become effective, except in cases where a later will was acknowledged null and void because it had been made under coercion or real threat, likewise where it had been made by a person acknowledged by the court legally incapable, or by a person whose legal capacity was limited by the court on the grounds of abuse of alcoholic drinks, narcotic or toxic substances.

Article 5.18. Conditions for making a will

1. A testator shall make a will freely, without coercion or error. Ordinary persuasion or request of interested heirs for a will to be made in their favour shall not be considered coercion and shall not affect the validity of the will.

2. Mistakes in the text of the will, incorrect naming of persons, or the fact that some characteristics or state of a certain person or thing has changed or disappeared shall have no effect if the true intent of the testator is clear from the content of the will.

Article 5.19. The right of a testator to bequeath his estate at his discretion

1. Any natural person may bequeath all his property or a part thereof (including ordinary house furnishing and household equipment) to one or several persons irrespective of whether they are his heirs by operation of law, likewise to the state, municipalities or legal persons.

2. A testator may bequeath all his property or a part thereof to legal persons which will have to be established in executing the will, likewise to natural persons not yet conceived and born.

3. A testator may by his will disinherit one, several or all of his heirs.

4. In the event where the testator failed to indicate what share of his estate he bequeathed to every of his successors by the will, the estate shall be divided by equal shares to all of them.

5. In the event where the inheritable estate is divided by the will in such a way that all the shares in their totality exceed the amount of the whole estate, the share of every successor shall be correspondingly reduced.

6. In the event where the totality of all the shares is smaller than the amount of the whole estate, taking in regard the content of the will, the shares of the estate devolved upon each of the successors shall be proportionally increased or the remaining property shall be devolved by the operation of law.

Article 5.20. Right to the mandatory share of the inheritance

1. The testator’s children (adoptees), spouse, parents (adoptive parents) who were entitled to maintenance on the day of the testator’s death shall inherit irrespective of the content of the will a half of the share that each of them would have been entitled to by operation of law (mandatory share) unless more is bequeathed by the will.

2. The mandatory share shall be determined taking in regard the value of the inheritable estate, including ordinary house furnishing and household equipment.

Article 5.21. Appointment of another successor

A testator shall have the right by his will to designate another successor in case the successor appointed by the will died before the opening of succession or renounced the succession. The testator may likewise appoint another successor to the secondary successor in case the secondary successor died before the opening of succession or renounced the succession. The number of the appointments of other successors shall not be limited.

Article 5.22. Inheritance of the part of estate not bequeathed by a will

1. The part of the testator’s estate which remained not included into a will shall be divided in equal shares between the intestate heirs who inherit in accordance with the rules provided for in Articles from 5.11 to 5.14 of this Code.

2. These heirs shall also include the intestate successors who have a share of inheritable estate bequeathed to them by a will unless otherwise provided for by the will.

Article 5.23. Testamentary reservation

1. The testator shall have the right to obligate a testate successor to fulfil a certain obligation (testamentary reservation) for the benefit of one or several persons, while these persons shall acquire the right to demand fulfilment of this obligation. Beneficiaries of the testamentary reservation may be intestate heirs as well as any other persons.

2. The successor authorised by the testator shall have to fulfil the testamentary reservation without exceeding the value of the inheritable property after the claims of the testator’s creditors have been satisfied.

3. If the testate successor, authorised to fulfil the testamentary reservation, is entitled to the mandatory share of the inheritance, he shall fulfil the testamentary reservation without exceeding the value of the property inheritable by him which is bigger than his mandatory share.

4. In the event where the successor authorised to fulfil testamentary reservation dies before the opening of succession or renounces the succession, the obligation to fulfil the testamentary reservation shall be alienated to the other successors who have received the share of that successor.

5. In the event where the executor of the testamentary reservation is not specified in the will, the testamentary reservation shall be excluded from the inheritable estate until the shares of the property inheritable by the successors have been determined.

6. The testamentary reservation shall become ineffective in the event of the death of its beneficiary before the opening of the succession.

Article 5.24. Acceptance of the testamentary reservation

1. The beneficiary of the testamentary reservation shall have the right to accept the testamentary reservation within the period of three months from the day when he became aware or should have become aware of his entitlement to the testamentary reservation.

2. The beneficiary of the testamentary reservation shall inform about his acceptance thereof the executor of the will (administrator of inheritance), the successor who has accepted succession and is authorised to fulfil the testamentary reservation, or the notary public of the place of the opening of succession. In the event where the testamentary reservation is related with the right to immovable property, application in all cases shall be filed with the notary public. The notary shall issue a certificate of the right to inheritance and the testamentary reservation shall be registered in the Public Register.

Article 5.25. Types of testamentary reservation

1. In the event where the subject-matter of the testamentary reservation is a thing defined by its individual features, the beneficiary of the testamentary reservation, having accepted thereof, shall acquire the right of ownership to this thing from the moment of the acceptance of succession. From that moment, the thing shall be transferred to the beneficiary of the testamentary reservation together with all the rights and duties related with this thing which belonged to the testator. The accessories of the principal thing shall also belong to the beneficiary of the testamentary reservation.

2. In the even where the subject-matter of the testamentary reservation is composed of claims resulting from obligations, all the supplementary claims which had to be fulfilled before the death of the testator shall also belong to the beneficiary of the testamentary reservation.

3. In the event where the subject-matter of the testamentary reservation is movable things defined as to specific features, such testamentary reservation shall have to be fulfilled irrespective of the existence of such things in the inheritance. If there are several things of this kind, the right of choice shall belong to the beneficiary of the testamentary reservation unless otherwise provided for by the will.

4. The testator shall have the right to obligate a successor to whom an immovable thing (land, house, apartment, etc.) or a private (personal) enterprise is devolved to allow another person for a certain period or for life use the immovable thing or its part, or to transfer the revenue, or a part thereof, derived from that property.

5. In the event where the testator by his testamentary reservation established maintenance for somebody without specifying its content, such person shall be entitled to board, accommodation, clothing and medical care, and those who study shall be entitled to have their study expenses paid for the whole duration of their study, but not longer than until they reach the age of twenty-four.

Article 5.26. Bequeath of property to the society for useful and charitable purposes

1. A testator shall be able to bequeath his whole estate, its part, or an individual thing to the society for useful and charitable purposes. A legal person to be established in executing the wish of the testator may be appointed as successor to such property. The testator may obligate his successor or the executor of the will to establish such a legal person.

2. In the event where the successor or the executor of the will fails to take any action for the establishment of the legal person, the interested persons may apply to the court with a request to appoint an administrator and obligate the latter to establish the legal person stipulated in the will.

3. In the event of disappearance of the social need for which the estate was intended, or the property cannot be used for the purpose indicated in the will, and in absence of any related instructions from the testator, the question of a further use of such property shall be decided by the court of the place of the opening of succession. Such property must be used for the purposes similar to those indicated by the testator.

Article 5.27. Types of wills

Wills may be official and private.

Article 5.28. Official wills

1. Official wills are such wills which are made in writing in two copies and attested by the notary public or an official of the Consulate of the Republic of Lithuania in the relevant state.

2. Public wills of persons with hearing and speech impairment shall be made with the participation of a person who understands sign language and is trusted by the testator, except in cases where the person with hearing and speech impairment is literate and can read the written up will and confirm in writing of his awareness of the content of the will.

3. The place and time when the will was made shall be indicated therein. The written up will shall be read to the testator alone or with the participation of witnesses. The will shall be signed by the testator himself. The will shall be attested and registered in the Notarial Register in his presence. One copy of the will shall be handed in to the testator, the other shall remain with the institution which has attested it. The information about the making of the will and its content shall be confidential.

4. If the will possessed by the testator or any other person fails to conform to the will deposited with the notary, in case of dispute preference shall be given to the will deposited with the notary, providing that it does not contain any corrections, deletions or erasures that were not agreed upon in accordance with the established procedure.

5. The fact of making an official will may not be disputed.

6. The following shall be equalled to official wills:

1) wills of the persons undergoing treatment in hospitals or any other institutions of medical care and disease prevention or in sanatoriums, as well as the wills of persons living in the homes for old or disabled people attested by the chief doctors, their deputies for medical matters or doctors on duty of these hospitals, institutions of medical care or sanatoriums, likewise by the directors or chief doctors of such homes for old or disabled people;

2) wills of persons sailing in seagoing vessels or ships of internal waters flying the flag of the Republic of Lithuania, attested by the masters of those ships;

3) wills of persons participating in surveyor, research, sport or any other expeditions attested by the heads of those expeditions;

4) wills of soldiers attested by the commanders of those units, formations or institutions and military schools;

5) wills of inmates of the places of confinement attested by the heads of these institutions;

6) wills attested by the neighbourhood executive managers of the place of residence.

7. Persons indicated in Paragraph 6 of this Article shall be obliged as soon as possible to transfer the attested will to the notary in accordance with the procedure determined by the Minister of Justice.

Article 5.29. Signing of wills by another person

In the event where the testator due to his physical disabilities, illness or any other reasons is unable himself to sign the will, it may be signed upon the testator’s request and in the presence of the notary or any other official authorised to attest the will by another legally capable natural person who is not a testate successor, by concurrently indicating the reason for which the testator is not able to sign the will himself. Witnesses shall also put their signatures in the will.

Article 5.30. Private will

1. A private will is a will written up in hand by the testator indicating the first name and surname of the testator, the date (year, month, day) and place where the will was made, expressing the true intent of the testator and signed by him. A private will may be written up in any language. Failure to indicate the date and place of the making of the will shall render it invalid only in those cases where it is impossible to determine the date and place of the making of the will by any other way, or they are not possible to infer from other circumstances.

2. Corrections introduced by the hand of the testator and the deletions explained by him shall not render the will invalid. Such conditions shall be valid which were mistakenly deleted by the hand of the testator who later made an inscription by his hand testifying that those conditions were deleted by mistake. The will shall be valid if there is some word omitted by mistake, or a word contains a spelling mistake; the relevant conditions shall also be valid, providing that their meaning is not obscure.

3. A will which is undeniably unfinished and unsigned shall be null and void.

4. If a will contains an inscription about the testator’s intent to supplement it in the future though he failed to accomplish that, such will shall be valid, providing that it can be executed without the intended supplement.

Article 5.31. Depositing of a private will

1. A testator shall be able to deposit his will with the notary public or a consular official of the Republic of Lithuania in a foreign state. In accepting a will for deposit, the identity of the testator shall have to be established.

2. A deposited will shall be equalled to an official will if the deposit was performed pursuant to the following requirements:

1) the will was deposited by the testator himself who declared that the will expressed his final true intent;

2) the will was deposited in a sealed envelop, stamped with the stamp of the accepting institution, and both the testator and the person accepting the will put their signatures on the envelop;

3) an act on the acceptance of the will for deposit has been written up where it is indicated that the requirements specified in Point 1 and 2 of Paragraph 2 of this Article have not been violated, there also is presented the description of the envelope, stamps, indicated the testator’s name, surname, personal identity code, and the place of his residence, the place and date of the making of the will and its kind, likewise the official position, the name and surname of the person who accepted the will for deposit. The act shall be signed by the testator and the official accepting the will for deposit. The testator shall be issued with a copy of the act.

3. The accepted will shall be kept in the safe of the institution of deposit. The testator shall have the right to take the will back at any time. The will may also be handed in to an agent of the testator under a special authorisation of the testator.

4. In the event where a private will was not transferred for deposit in accordance with the procedure established in this Article, it must be confirmed by the court within a period of one year from the death of the testator. In this case, only a will confirmed by the court shall be valid.

Article 5.32. Register of wills

1. The Register of wills made in the territory of the Republic of Lithuanian shall be handled by the Central Hypothec institution.

2. Notaries, consular officers shall be obliged within three working days to notify the Central Hypothec institution about the attested, accepted for deposit or revoked wills. The notification shall include the testator’s name and surname, personal identity code, and the place of residence, the place and date of the making of the will, its kind, and the place of deposit. The content of the will shall not be divulged.

3. After the death of the testator, the data of the Register may be transferred to the court, notary and other interested persons.

Article 5.33. Announcement of the will

1. Upon becoming aware of the death of the testator, the notary of the place of the opening of succession shall immediately establish the day for the announcement of the will and inform about it to the known successors and other interested persons. If the envelope containing the will is stamped, it shall be necessary to write up a protocol where it must be noted whether the envelope and the stamps are intact. In the event where there are several wills, all of them shall be announced.

2. After having announced the will, the notary shall take all the measures necessary to establish the place of residence of all the successors and other interested persons who were not present when the will was announced, and without delay inform them about the content of the will.

Article 5.34. Time-limit for keeping the will in deposit

In the event where a will is kept in deposit for a period over thirty years, the depository institution shall be obliged by the means available to them to verify whether the testator is still alive. If it becomes clear that the testator is dead, the envelope with the will shall be opened and the will announced.

Article 5.35. Revocation, supplementing and alteration of a will

1. The testator shall have the right at any time to alter, supplement or revoke a will made by him by drawing up a new will, or not to make a will.

2. A will made at a later time shall annul the whole previous will or a certain part thereof which contradicts the later will. This provision shall not apply in respect of a joint will of spouses.

3. The testator may also revoke an official will by filing an application with the depositor of the will or the institution which attested it. The signature of the testator on such application shall be witnessed within the procedure established by laws.

Article 5.36. Conditions of a will

1. The testator may appoint a successor or a beneficiary of testamentary reservation by specifying one or several conditions to be fulfilled by them in order to inherit.

2. Unlawful conditions, or conditions contrary to the usages, or those violating the requirements of good morals shall be null and void.

Article 5.37. Execution of a will

1. A will shall be executed by the executor of the will or a successor appointed by the testator, or by an administrator of inheritance appointed by the court.

2. Nobody can be appointed executor of a will against his wish, however the person who has assumed the duties of the executor of the will may not relinquish those duties without important reasons.

3. The testator may appoint one or several executors of the will. The testator may likewise appoint a secondary executor of the will in case the primary executor is not able to fulfil his duties. In this event, the agreement of the secondary executor inscribed in the will itself or expressed in an application appended to the will shall be necessary.

4. The person who has signed the will on behalf of the testator may not be an executor of the will.

5. In the event where the testator failed to appoint an executor, or the appointed executor or a successor are not able to fulfil their duties, the district court of the place of the opening of succession shall appoint an administrator of inheritance to perform all the actions necessary for the execution of the will.

6. A person who has embarked upon the execution of will shall have no right to relinquish those duties without important reasons.

Article 5.38. Rights and obligations of the executor of the will appointed by the testator

1. The executor of the will shall perform all the actions necessary for the execution of the will. Pending the appointment of the administrator of inheritance or the establishment of the successors, the executor of the will shall perform the functions of a successor: possess the inheritance, compile the inventory of the inheritance, pay the debts of the inheritance, recover the debts from the testator’s debtors, provide maintenance for the successors who are entitled to it, perform the search of successors, establish whether the successors accept the inheritance, etc. In his activity, the executor shall be guided by the will. In executing the will, the executor shall consult with the successors. Any dispute concerning the execution of the will shall be decided by the district court of the place of the opening of succession.

2. In performing his duty, the executor of the will shall be obliged to act with the same diligence as in taking care of his private interests. In the event where the executor of the will receives payment for his work, he shall be liable before the successors and other interested persons for any loss caused by his negligent actions.

3. If the testator has appointed several executors of the will without clearly defining their corresponding rights and duties, they shall act jointly. Any disagreement between them over the execution of the will shall be decided within judicial proceedings. The executors shall be solidarily liable for the actions performed upon their mutual consent.

4. In the event where one of the executors has been given a specific assignment by the testator, or authorised with execution of a certain part of the will, such executor shall be liable solely for his own actions.

5. Expenses incurred in the execution of the will shall be covered from the inherited estate.

6. The executor shall perform his duties gratuitously if nothing has been specified by the testator in his will concerning payment.

Article 5.39. Inventory of inheritance

1. Having assumed the management of the inheritance, the executor of the will or the administrator of the inheritance shall immediately compile the inventory of the inheritance which lists the whole inheritable estate, likewise all the amounts due to and owed by the testator. A successor, who expresses such a wish, may participate in the compilation of the inventory of the property.

2. The executor of the will or the administrator of the inheritance shall have the right upon his discretion, or the obligation upon the demand of a successor, to apply to the court with a request to delegate the compilation of the inventory to the court bailiff.

3. Expenses incurred in the compilation of the inventory of inheritance shall be covered from the inherited assets.

Article 5.40. Possession of inheritance and its duration

The testator may authorise the executor of the will to possess the inheritance accepted pursuant to the established procedure, or to authorise the possession of inheritance after other assignments of the testator have been fulfilled. The duration of such possession may be specified in the will by indicating a definite time-limit or a certain event (attainment of a certain age by the successor, death of a successor, marriage, etc.). Such time-limit may not exceed the period of twenty years from day of the opening of succession.

Article 5.41. Report of the executor of the will

Having fulfilled the execution of the will, the executor or the will or the administrator of the inheritance shall be obliged upon the request of the successors to provide them with the report. In the event where the will is being executed for a period exceeding one year, and the possession of the inheritance is performed by the executor of the will or the administrator (Article 5.40 of this Code), such reports shall be submitted every year.

Article 5.42. Removal of the executor of the will or the administrator of the inheritance

In the event where the executor of the will or the administrator of the inheritance improperly fulfils his duty, violates the interests of the successors, beneficiaries of the testamentary reservation, of the testator’s creditors and those of other interested persons, the court of the place of the opening of succession shall have the right upon the demand of the latter persons to remove the executor of the will and appoint an administrator of the inheritance, to replace the administrator appointed by the court.

CHAPTER V

JOINT WILL OF SPOUSES

Article 5.43. Concept of a joint will of spouses

By their joint will, the spouses appoint each other as the successor and after the death of one of the spouses, the whole property of the deceased (including the part of the common property of the spouses therefrom) shall be inherited by the surviving spouse, except the mandatory share of succession (Article 5.20 of this Code).

Article 5.44. Making a joint will of spouses

1. A joint will of spouses shall be made exclusively by spouses. Such will shall be signed by both spouses in the presence of a notary or any other person attesting the will.

2. A joint will of spouses shall be made exclusively as an official will (Article 5.28 of this Code).

Article 5.45. Content of a joint will of spouses

1. By testamentary disposition each of the spouses shall provide for the devolution of his/her whole property to the other spouse.

2. A successor may be appointed by the will to inherit the property after the death of the surviving spouse.

3. A will may provide for a testamentary reservation awarded from the property of one of the spouses after his/her death, or from the common property of the spouses after the death of the surviving spouse.

4. The spouses may bequeath their whole property or a part thereof to the society for worthy causes or to charity. Such a direction of the will may be effectuated from the property of one of the spouses after his/her death or from the common property of the spouses after the death of the surviving spouse.

Article 5.46. Revocation and invalidity of a joint will of spouses

1. Each of the spouses shall be entitled before the opening of the succession to revoke the expression of his/her intention within the same procedure as the drawing up of the will. In this event, the expression of the intention of the other spouse shall lose its legal effect as well.

2. The wills drawn up by the spouse without previous revocation of the joint will of spouses shall be null and void.

3. A joint will of spouses shall be rendered invalid by the dissolution of marriage before the opening of succession or by filing a suit (bringing an application) for the dissolution of marriage, or by the consent of the spouse to the dissolution of marriage.

Article 5.47. Obtaining the deposited will

The institution which has attested the will and deposited for safekeeping may submit the will only upon the request of both spouses.

Article 5.48. Declaration of a joint will of spouses

Upon the death of one of the spouses, only the intent of this spouse shall be revealed to the interested successors in accordance with the procedure established in Article 5.33 of this Code without revealing the intent of the other spouse.

Article 5.49. Renunciation of inheritance under a joint will of spouses

1. Upon the death of one of the spouses, the other spouse shall have no right to modify a joint will. He shall have the right to renounce the acceptance of succession. In this event, the estate of the deceased spouse shall be devolved upon his/her heirs by operation of law, and the surviving spouse shall acquire the right to make a new will upon his/her discretion.

2. Such refusal on the part of the surviving spouse to accept succession shall have no effect upon the right of the beneficiary of testamentary reservation from the estate of the deceased spouse to a testamentary reservation which is issued by intestate heirs.

3. In the event of the surviving spouse renouncing succession, the successor appointed by the joint will to inherit after the death of the surviving spouse, shall lose the right of succession under the joint will.

CHAPTER VI

ACCEPTANCE OF SUCCESSION AND LIABILITY FOR THE DEBTS OF THE BEQUEATHER

Article 5.50. Acceptance of succession

1. In order to acquire succession, a successor shall have to accept it. Acceptance may not be in part, or subject to conditions or exceptions.

2. A successor shall be deemed to have accepted succession when he actually starts possessing the estate, has applied to the district court of the place of the opening of succession for the inventory of the estate, or when the successor files an application on the acceptance of succession with the notary public of the place of the opening of succession

3. Actions indicated in this Article shall have to be performed within three months since the day of the opening of succession.

4. Persons whose right to inheritance arises only upon the renunciation of succession by other successors, may express their agreement to accept inheritance within three months from the day of the arising of the right to accept the inheritance.

5. Inheritance devolved to the successors born after the opening of succession shall be accepted within three months from the day of their birth.

6. The notary or the court shall be obliged within three working days to inform the Central Hypothec Institution about the acceptance of succession.

Article 5.51. Acceptance of succession after the actual start of property possession

1. A successor shall be deemed to have accepted the inheritance if he has started to possess the estate, treating it like his own property (possesses, uses and disposes it, takes care of, pays taxes, has applied to the court by expressing his intention to accept the inheritance and appoint the administrator of inheritance, etc.). A successor, who has started to possess any part of the inheritance, shall be deemed to have accepted the whole inheritance.

2. A successor, who has started to possess the estate, shall have the right within the period established for the acceptance of succession to renounce succession by filing an application with the notary public of the place of the opening of succession. In this case, the successor shall be deemed to have possessed the inheritance in the interests of other successors.

Article 5.52. Liability for the debts of the bequeather by the successor who has accepted inheritance by starting to possess the estate or by filing an application with the notary

The successor who has accepted succession by taking over the possession of the estate or by filing an application with the notary shall be liable for the debts of the bequeather with his whole property, except in cases provided for in this Code. In the event where the estate was accepted by several successors by the manner indicated above, they all shall be solidarily liable with their whole property for the debts of the bequeather.

Article 5.53. Acceptance of succession in accordance with an inventory

1. A successor who has accepted inheritance in accordance with the inventory compiled by the court bailiff shall be liable for the debts of the testator only with the inherited property. In the event where at least one of the successors has accepted the inheritance in accordance with the inventory, all the other successors shall be deemed to have accepted the inheritance in accordance with the inventory.***

2. For the compilation of such inventory, the accepting successor or successors shall apply to the district court of the place of the opening of succession, while the court shall delegate the compilation of the inventory to the court bailiff.

3. The time-limit for the compilation of property inventory shall be determined by the court. The term-limit may not exceed the period of one month. Only in cases where the inherited estate is located in several places, or there is a considerable number of creditors of the bequeather, the time-limit may be extended for a period of not exceeding three months.

4. A successor shall be obliged to furnish all the data necessary for the compilation of the inventory of the bequeather’s estate.

5. The inventory shall contain:

1) a list of all the things comprising inheritance indicating their value and the circumstance necessary for the determination of their value;

2) indication of all known obligatory rights and duties of the bequeather by specifying the bequeather’s creditors and debtors.

6. The inventory of the inheritance shall be signed by the court bailiff and the successor who participated during the compilation of the inventory. At the end of the inventory, there must be an equalled to oath inscription signed by the successor to testify that the inventory includes the whole estate of the bequeather known to the successor as well as his all the bequeather’s obligatory claims and duties.

7. Upon becoming aware about property or obligatory claims and duties not included into the inventory, the successor (successors) shall be obliged within three working days from the day when these circumstances became known to inform the court accordingly in order to have the bailiff to supplement the inventory.

8. The compilation of the inventory may also be requested by the creditors of the bequeather. The creditors of the bequeather shall also have the right to participate during the compilation of the inventory or to authorise another person to participate during the compilation of the inventory.

9. The court shall be obliged to ensure access to the inventory of the inheritance for everyone who proves his lawful interest in the inventory.

Article 5.54. Inaccurate inventory

1. In the event where during the compilation of the inventory the successor (successors) due to their fault failed to indicate the whole estate comprising inheritance, concealed debtors of the bequeather, on his initiative a non-existing debt was included into the inventory, or he (they) failed to supplement the inventory, the successor (successors) concerned shall be liable for the debts of the bequeather with their whole property. The same effect will be produced by the failure of the successor to perform his duty indicated in Paragraph 4 of Article 5.53 of this Code.

2. In the event where the inventory contains not the whole estate without the fault of the successor, the court shall determine a time-limit for the supplementing of the inventory.

Article 5.55. Applying to the court for the administration of the property of the succession

1. In the event where the inherited estate is an private (personal) enterprise, a farmstead, or the bequeather’s debts might exceed the value of the inheritance, the successor, having accepted succession, may apply to the court of the place of the opening of succession with a request to appoint an administrator for the property of the succession, or request to appoint an administrator for the property of the succession and decide on the issue of auction or a starting of bankruptcy proceedings. In this event, the debts of the bequeather shall be paid only from the inheritance.

2. Administration of the property of the succession shall be established by a ruling of the district court located of place of the opening of succession. By this ruling, the court shall appoint an administrator of the property of the succession and determine his remuneration.

3. No administration of the property of the succession shall be established in the event where the inheritance is not significant, and the costs of administration would exceed the value of the inheritance, or where the major part of the inheritance would have to be used for the payment of administration costs. Administration of the property of the succession shall be abolished in the event where it becomes clear that the costs of administration would exceed the value of the inheritance.

4. The administrator of the property of the succession shall have the same rights and duties as the executor of the will (Article 5.38 of this Code), the norms of Chapter XIV of Book Four shall also apply mutatis mutandis in this respect.

5. In the event where there are several successors, they shall file a joint application for the appointment of an administrator for the property of the succession. No administrator of the property of the succession shall be determined in the event where the successors have taken over the possession of the inheritable estate.

6. If in the events indicated in this Article no administration of the property is established, or it is abolished, an estate inventory shall be compiled and the debts of the bequeather paid only from the property of the succession.

7. Any disputes among successors concerning the administration of the property of the succession shall be decided by the court by passing a corresponding ruling.

Article 5.56. Implementation of the right to succession of legally incapable persons or persons of limited legal capacity

Succession on behalf of legally incapable persons shall be accepted by their parents or guardians. Persons of limited legal capacity shall accept inheritance exclusively upon the consent of their parents or curators.

Article 5.57. Extension of the time-limit for the acceptance of succession

1. The time-limit established in Article 5.50 of this Code for the acceptance of succession may be extended by the court where it is determined that the time-limit was delayed due to important reasons. Succession may be accepted after the expiry of the time-limit likewise without the application to the court where all the other successors who have accepted the succession give their assent .

2. In the instances provided for in the preceding Paragraph of this Article, the successor who has delayed the time-limit for the acceptance of succession shall be entitled only to that part of the estate belonging to him and accepted by other successors or devolved to the state which remained in kind, likewise the means received from the disposal of the other part of the estate belonging to him.

Article 5.58. Transference of the right to accept succession

1. Where a successor entitled to inherit by operation of law or by a will dies after the opening of succession without having been able to accept thereof within the established time-limit (Article 5.50 of this Code), the right to accept succession shall be transferred to his heirs.

2. This right of a deceased successor may be implemented by his successors on general grounds within three months from the day of the opening of succession in their respect.

Article 5.59. Rights of a successor who has started possessing the inheritable estate before the appearance of other successors

1. A successor who has started to possess the inheritable estate in the event where there are other successors, shall have no right to dispose of the inheritable property (to sell, pledge, etc.) before the expiry of three months from the day of the opening of succession, or until he receives the certificate of the right to inheritance.

2. Before the expiry of the indicated time-limit, or until he gets the certificate of the right to inheritance, the successor shall only be entitled to:

1) pay the expenses for the medical treatment and care of the bequeather, likewise his funeral costs and the expenses for taking care of the grave;

2) provide maintenance to natural persons who were maintained by the bequeather;

3) ensure normal functioning of the enterprise (farm);

4) satisfy requirements arising from labour relationship;

5) protect and manage the inheritable estate.

Article 5.60. Renunciation of inheritance

1. An heir by operation of law or successor by a will shall have the right within three months from the day of the opening of succession to renounce inheritance. Renunciation may not be in part or subject to conditions or exceptions.

2. Renunciation of inheritance shall have the same effect as non-acceptance of succession.

3. A successor shall renounce inheritance by filing an application with the notary public of the place of the opening of succession.

4. No renunciation shall be allowed in the instances where the successor has filed an application on the acceptance of succession with the notary public or asked for issuance of the certificate of the right to inheritance, or applied to the district court of the place of the opening of succession for the compilation of the inventory of the estate.

Article 5.61. Increase of the shares of succession

1. In the event where an heir by operation of law or a successor by a will renounces succession, or the testator deprives his heir of the right of inheritance, the share of succession belonging to that successor shall devolve to the intestate heirs divided into equal shares among them.

2. In the event where the testator bequeathed his whole estate to the successors by his will, the share of succession which belonged to the successor who renounced or did not accept thereof, shall devolve to the other intestate heirs divided into equal shares among them.

3. The rules established in the present Article shall not apply in the instances where a secondary successor is appointed for the successor who has renounced or not accepted succession.

Article 5.62. Devolution of succession to the state

1. The inherited estate shall devolve to the state under the right of succession if:

1) the estate was bequeathed to the state by a will;

2) the testator has neither intestate heirs nor testate successors;

3) none of the successors accepted the succession;

4) all the heirs have been deprived of the right to inheritance (disinherited).

2. In the event where there are no intestate heirs, while only a part of the estate of a testator has been bequeathed by a will, the remaining part shall devolve to the state.

3. The state shall be liable for the testator’s debts not exceeding the real value of the inherited property devolved to it.

Article 5.63. The procedure for making and satisfying creditors’ claims

1. The creditors of a bequeather shall have the right within three months from the day of the opening of succession make claims against the successors who accepted the succession, executor of the will or administrator of the inheritance, or bring an action in respect of the inheritable property.

2. Claims shall be made without taking regard of the maturity of the time-limit for their satisfaction.

3. The procedure for making and satisfying creditors’ claims established in Paragraphs 1 and 2 of this Article shall not apply in respect of claims based on mortgage and pledge, likewise of claims related with the economic activity of the inheritable private (personal) enterprise or that of a farmer. Claims related with the activity of an inheritable enterprise or farm shall pass to the successors and be satisfied in accordance with the transactions entered into by the bequeather, except in those cases when the inherited estate is an enterprise against which bankruptcy proceedings have been started, or a farm which is insolvent.

4. The court may extend the time-limit specified in Paragraph 1 of this Article, where the time-limit was delayed due to important reasons and the time lapse from the opening of the inheritance does not exceed three years.

Article 5.64. Securing of inheritance

1. Upon having received information about the opening of succession, the court of the place of the opening of succession shall take the necessary measures to secure the inheritance if:

1) the successors are not known;

2) there are no successors in the place of the opening of succession;

3) the successors do not want or cannot accept the inheritance;

4) at least one of the successors is legally incapable;

5) the testator is known to have considerable debts;

6) there exist other circumstances determining the need to secure the inheritance.

2. The inheritable estate shall be secured until it is accepted by all the successors, and where it is not accepted, until the expiry of the time-limit established for the acceptance of succession.

Article 5.65. Appointment of an administrator for the inheritable estate

In the event where the inheritance includes property subject to management (private (personal enterprise), a farmstead, securities, etc.) and it cannot be performed by the executor of the will or the successor, likewise if the creditors of the bequeather bring an action before the successors accept the inheritance, the district court shall appoint an administrator of the inheritable property vested with the rights established in Article 5.38 of this Code. Provisions of Chapter XIV of Book Four shall apply mutantis mutandis in respect of the administrator of inheritance.

Article 5.66. Application for the issuance of the certificate of the right to inheritance

1. The successors who inherit by operation of law or by a will shall be able to present an application with the notary public of the place of the opening of succession for the issuance of the certificate of the right to inheritance.

2. The same procedure for the issuance of a certificate of the right to inheritance shall apply in the instances where the inheritable estate is devolved to the state or municipality.

Article 5.67. Time-limit for the issuance of the certificate of the right to inheritance

1. The successors shall be issued with the certificate of the right to inheritance upon the lapse of three months from the day of the opening of succession.

2. In the event of succession both by operation of law and by a will, natural persons may also be issued with a certificate of the right to inheritance before the expiry of three months from the day of the opening of succession if the notary possesses information that there are no successors apart from the persons who have applied for the issuance of the certificate of the right to inheritance.

CHAPTER VII

MUTUAL RELATIONS BETWEEN SUCCESSORS

Article 5.68. Legal status of the inheritable estate

In the event where there are several heirs, the estate inherited by them shall comprise their common divided ownership unless it is otherwise provided for by the will.

Article 5.69. Division of the inheritance

1. Nobody can be forced to renounce his right to the distinguishment of the portion he is entitled to from the inheritable estate. Inheritance shall be divided by a mutual agreement between the heirs.

2. Inheritance may not be divided:

1) until the birth of a testate or intestate successor;

2) if the testator has established by his will a time-limit during which the successors jointly possess the inherited estate. This time-limit may not exceed the period of five years from the day of the opening of succession, except in cases when there are minors among the successors. In this event the testator may prohibit division of the estate until the successor concerned reaches the age of eighteen.

Article 5.70. Methods of property division

1. Successors shall be able to divide the inherited estate upon their mutual agreement before the rights of successors to the things are registered in the Public Register. The division of immovable things shall be formalised by a contract attested by the notary which shall have to be registered in the Public Register. In the event of disagreement between the successors concerning the division of property, the estate shall be divided by the court upon the action brought by each of them.

2. Divisible things shall be divided in kind, indivisible things shall be devolved on one of the successors, taking in regard the character of the thing and the needs of the successor, while the other successors shall be entitled to the compensation of the value of the thing by other things or in money.

3. The whole inheritance or separate things thereof may be upon the mutual agreement of the successors sold in an auction and the amount received divided, or an auction may be held among the successors concerning separate things, where the thing shall be devolved to that successor who offers the highest bid.

4. The transference of individual things to concrete successors may be decided by mutually agreed way of drawing lots.

Article 5.71. Inheritance of a farmstead

In the instances where a division of a farmstead may destroy the farm, the priority right to get the farm and the inventory thereof shall be granted to the successor who has worked most in the inheritable farm and is inclined and prepared to engage into farming himself. In the event of a dispute, the court may schedule the compensation to other successors for the shares of the property belonging to them to be paid within the period of ten years by deciding to establish a mandatory hypothec for all the immovable things of such successor.

Article 5.72. Priority right of an successor to an enterprise

The priority right to get in kind an private (personal) enterprise inherited by several successors shall be awarded to that successor who himself wants and is able to manage the inherited enterprise. In this event, regard shall also be taken of the possibility of the person receiving the enterprise in kind to compensate the other heirs.

Article 5.73. Priority right of other successors to purchase an inherited farmstead

In the event where a successor, who has inherited a farmstead pursuant to Article 5.71 of this Code, sells the farmstead before the expiry of a ten-year period from the day of inheritance, priority right to purchase the farmstead shall be awarded to the other successors if the compensation provided for in Article 5.71 has not been paid to them in full. Upon the sale of the farmstead, the other successors shall obtain the right to demand immediate payment of the remaining part of the compensation.

Article 5.74. Documents

1. Unless the successors agree otherwise, the documents of the family and the inheritable estate shall not be divided and transferred by mutual agreement to the custody of one of the successors, or to the successor who has received the greatest share of the inheritance, and if all the shares are equal – to the eldest successor. The successor in whose custody the documents are transferred shall be obliged to allow access to them for other successors as well as enable them to make copies or extracts thereof.

2. The documents pertaining to an immovable thing shall be located with that successor to whom the immovable thing is devolved. In the event where an immovable thing is inherited by several successors, the documents shall be kept by mutual agreement in the custody of one of them.

3. Disputes related with documents shall be decided by the court taking into regard the size of the shares, use of the immovable thing, place of residence of the successors and other circumstances.

CHAPTER VIII

PARTICULARITIES IN SUCCESSION OF SEPARATE TYPES OF PROPERTY

Article 5.75. Inheritance of land

In the event where land is inherited by an heir who may not have the right of ownership of land pursuant to laws of the Republic of Lithuania, he shall be entitled only to a sum of money derived form the sale of the inherited land. The land in accordance with the certificate of the right to inheritance submitted by the heir shall be sold in accordance with the procedure established by the Government to the purchaser indicated by the heir or in an auction. The amount received shall be paid to the heir after deducting the costs of sale or the organisation of auction.

Article 5.76. Inheritance of industrial property

1. The right of the bequeather to a patent of invention or to a certificate of industrial design shall devolve to his successors. The rights provided by the documents of industrial property protection shall also be subject to inheritance.

2. Alongside with the enterprise, the successors shall also inherit the right to the name of the legal person and trade marks.

3. The rights and duties pursuant to licence contracts entered into by the bequeather shall devolve to the successors, they shall also acquire the right to industrial and commercial secrets (know-how), rights and duties pursuant to contracts on the transference of industrial and commercial secrets provided that these secrets are not of the character indivisible from the personality of the bequeather.

BOOK SIX

LAW ON OBLIGATIONS

PART I

GENERAL PROVISIONS

CHAPTER I

CONCEPT OF AN OBLIGATION AND ARISING OF OBLIGATIONS

Article 6.1. Notion of an obligation

An obligation is a legal relationship one party of which (debtor) shall be bound to perform for the benefit of another party (creditor) a determined action or to refrain therefrom, and the creditor shall have the right to demand from the debtor the performance of his duty.

Article 6.2. Grounds for arising of obligations

Obligations shall arise from transactions or from any other legal facts which are capable of producing obligatory relationships under the valid laws.

Article 6.3. Subject matter of an obligation

1. The subject-matter of an obligation may be any actions (active or passive) that are neither forbidden by law nor contrary to public order or good morals.

2. The subject matter of an obligation may also relate to any property, even future property provided that the property is determinate as to the kind and quantity, or can be determined according to other criteria.

3. The subject matter of an obligation may have a monetary or non-monetary expression, it must nevertheless meet the correspondent interest of the creditor that is protected by law.

4. The subject matter of an obligation cannot be something that is impossible to perform.

Article 6.4. Duties of parties to an obligation

The creditor and the debtor must conduct themselves in good faith, reasonably and justifiably both at the time the obligation is created and existing, and at the time it is under performance or extinguishment.

CHAPTER II

TYPES OF OBLIGATIONS

SECTION ONE

PLURALITY OF DEBTORS AND CREDITORS

Article 6.5. Plurality of debtors

Where an obligation is joint between two or more persons on the side of the debtor (co-debtors), they shall be obligated to perform their obligation in such a way that each of them may only be compelled to perform the obligation separately and only up to his share of the debt that is presumed to be equal to the shares of others co-debtors, except in cases provided for laws, the agreement of parties, or a court judgement.

Article 6.6. A solidary duty of debtors

1. A solidary obligation of debtors shall not be presumed, except in the cases established by laws. It shall arise only where it is expressly imposed by the law or stipulated by an agreement of the parties, also in the cases when the subject of the obligation is indivisible.

2. An obligation may be solidary even though the obligation of one of the debtors according to the conditions of its performance differs from the obligation of the others, for example, where one debtor is allowed a time-limit and the other debtor is not granted such a time-limit, or where the obligation of one debtor is not conditional while the other debtor is bound conditionally, etc.

3. Solidarity between debtors shall be presumed where an obligation is connected with providing of services, effectuating joint activity, or with the compensation for damage caused to another through the solidary actions of several persons.

4. If the debtors are solidarily liable, the creditor has the right to demand performance both from all the debtors jointly or from several of them, or from a single debtor personally, either for the whole or a part of the debt.

5. A creditor who has not received full satisfaction from one of the co-debtors, may apply for the remaining performance to any one of the debtors, or to all of them.

6. Co-debtors shall remain obligated until the obligation is performed in full .

7. Performance of a solidary obligation by one of the debtors shall relieve the others towards the creditor.

8. A creditor who receives separately and without any reserve the share of one of the co-debtors and specifies in the acquitance paper that it applies only to that share shall renounce solidarity in favour of that debtor alone.

Article 6.7. Defences of co-debtors against claims of a creditor

In the event of a solidary duty, any of the co-debtors shall be able to use against the creditor’s demand both the defences common to all debtors and personal defences. However, the debtor cannot set up defences against the creditor based on such legal relationships of other co-debtors which do not involve the debtor concerned, nor shall the debtor be able to set up such defences which can be used only personally by one or several other co-debtors.

Article 6.8. Other rights and duties of co-debtors

1. Each of the debtors of a solidary obligation shall have the right to accept renunciation of the right to claim granted by the creditor to him and other debtors where such renunciation applies to all the co-debtors.

2. Adjournment of performance of an obligation granted by the creditor to one of the co-debtors shall respectively apply to all other co-debtors to the extent that this corresponds to the intentions of the creditor.

3. Where a creditor renounces solidarity in favour of one of the co-debtors, he shall retain his solidary remedy against the other co-debtors for the whole debt.

4. Any loss arising from insolvency of a co-debtor shall be equally divided between the other co-debtors, except in the cases when their shares in the obligation are not equal.

Article 6.9. Recourse between co-debtors

1. A co-debtor who has performed the solidary obligation shall have the right to recover within the procedure of recourse from his co-debtors their respective shares that correspond to the equal portions from the performed, with his participatory share deducted unless otherwise provided for by laws or agreement. Any loss, expressed in anything unpaid to the debtor who has performed the solidary obligation arising from the insolvency of one of solidary debtors shall fall in equal participatory shares on the remaining co-debtors, except in the cases when their shares in the obligation are not equal.

2. If a solidary obligation is of non-monetary nature, in the case of recourse, a monetary compensation must be paid to the debtor who has performed the whole solidary obligation by the other co-debtors.

3. The rules provided for in the preceding Paragraphs of this Article shall also apply to the apportionment between the co-debtors of the expenses of performance of a solidary obligation.

4. A co-debtor against whom a claim was brought shall be able to involve the same defences that might have been set up against the creditor at the time of arising of the claim, as well as other defences, except those which are based on exceptionally personal relationships between the co-debtor and the other co-debtor who has not filed a counter claim.

5. If the obligation was contracted exclusively in the interest of one of the co-debtors, or if it is not performed due to the fault of one of the debtors alone, the debtor concerned shall be liable for the whole debt to the other co-debtors who shall then be considered in his regard as his sureties.

Article 6.10. Divisibility of a solidary duty and solidary claim between the heirs of the parties to obligation

1.Unless otherwise provided for by laws or agreed, the solidary obligation of a debtor shall be divided after his death between his heirs in accordance with the rules established in Book Five of this Code, except in the instances where the obligation is indivisible.

2. The provision established in Paragraph 1 of this Article shall also apply in the case where the creditor’s claim is solidarity.

Article 6.11. Influence of novation upon solidary duty

A novation between the creditor and one of the co-debtors shall discharge the other co-debtors towards the creditor from the performance of a solidary duty, except in cases established by laws or a contract. Where a novation is clearly related only with the share of one of the co-debtors, other co-debtors shall be released from the performance of the duty only in respect of the portion of that co-debtor.

Article 6.12. Acknowledgement of a solidary debt and the right of solidary claim

1. If a debt is acknowledged by one of the co-debtors, this acknowledgement shall also apply to all other co-debtors.

2. If the right of claim is acknowledged to one of the creditors with the right of solidary claim, this acknowledgement shall apply to all other co-creditors.

Article 6.13. Merger of a debtor and a creditor

1. Where an obligation is solidary and the qualities of a co-debtor and a creditor are combined in the same person, the obligation of the other solidary debtors shall be extinguished in respect to the share of that co-debtor.

2. The rule established in Paragraph 1 of this Article shall also apply in the cases of the right of solidary claim.

Article 6.14. Power of a court judgement in the case of solidary duty

1. A court judgement rendered in the case of dispute between the creditor and one of the solidary debtors shall also have effect against the other co-debtors.

2. The other co-debtors shall be able to invoke the judgement mentioned in Paragraph 1 of this Article as a defence against the claim of the creditor unless such judgement is based on exclusively personal relationships between that debtor alone and the creditor.

3. An action instituted against one of the solidary debtors shall not deprive the creditor of the right to bring an action against the other co-debtors, but the debtor sued shall have the right to demand the impleader of the other solidary debtors.

Article 6.15. Non-performance of an obligation in the case of a solidary duty through the fault of one of the co-debtors

1. Where the performance of an obligation has become impossible through the fault of one of the solidary debtors, the other co-debtors shall not be released from liability for non-performance of the solidary obligation.

2. Where the performance of an obligation in kind has become impossible, or the time-limit of its performance is forfeited through the fault of one or more of the solidary debtors, the other co-debtors shall not be released from their duty to compensate for damages to the creditor, though they shall not be liable for any additional damages which may be incurred by him. The creditor shall be able to claim additional damages only from those co-debtors through whose fault the obligation became impossible to be performed, or through whose fault the forfeiture of performance occurred.

Article 6.16. Prescription of a solidary obligation

1. Actions by which prescription is interrupted with regard to the relationships between the creditor and one of the solidary debtors shall be equally effective in regard to the relationships between the creditor and other co-debtors. The same rule shall apply in the event of solidarity between creditors.

2. Suspension of prescription with regard to one of the solidary debtors shall have no effect on the other co-debtors. The same rule shall apply in the case of solidarity between creditors. However, the debtor who has been required to perform the obligation shall have the right of recourse against the co-debtors who were discharged by prescription.

3. A refusal to demand the application of prescription made by one of the solidary debtors shall have no effect with regard to the other co-debtors. If such refusal is made only in favour of one of the solidary creditors, it shall also benefit the other co-creditors. A solidary debtor who has refused to demand the application of prescription shall have no right of recourse against the other co-debtors discharged by the extinct prescription.

Article 6.17. Solidarity among creditors

Where an obligation is joint between two or more creditors, each creditor may only demand the performance of an equal share, except in the cases provided for by laws or an agreement of the parties.

Article 6.18. A solidary claim of creditors

1.Solidarity between creditors may be established by laws or agreement of the parties, i.e. it shall entitle each of the creditors to claim from the debtor for the whole performance of the obligation or a part thereof. The claim shall also be deemed to be solidary where the subject matter of the obligation is indivisible.

2. The debtor shall have no right to set up defences against the claim of one of the co-creditors that are based on such personal legal relationships of the debtor in which the creditor concerned does not participate.

3. Performance of the whole duty in favour of one of the solidary creditors shall release the debtor from the performance towards the other creditors.

4. A solidary creditor who has received the whole performance of the obligation from the debtor shall be bound to compensate the portion of each another co-creditors unless otherwise stipulated by their interrelations.

Article 6.19. Possibility of choice of creditor for performance

A debtor shall have the option of performing the obligation in favour of any of the solidary creditors, provided that he has not been sued by any of them.

Article 6.20. Influence of novation on a solidary claim

The novation of one of the solidary creditors and a debtor shall be effective only to that creditor's share and cannot be used with respect of the other solidary debtors.

Article 6.21. Renunciation of the right to claim

1. If the remission from the right to claim is made by one of solidary creditors, it shall release the debtor from performance of a solidary obligation only in respect of the share the performance of which can be claimed by the remitting creditor.

2. The remission provided for in Paragraph 1 of this Article shall not release the solidary creditors from the settlements between themselves.

Article 6.22. Power of a court judgement in the case of solidary claim

1. A judgement rendered in the dispute between one of the solidary creditors and the debtor shall have effect against the other solidary creditors.

2. The other creditors can avail themselves of the court judgement against the debtor to the extent that it is related to the debtor’s defences he can set up against each of the solidary creditors.

Article 6.23. Renunciation of a claim

1. A creditor who refuses from a claim in favour of one of the co-debtors shall retain his right of solidary claim against the others co-debtors.

2. The solidary claim of the creditor in regard of one of the co-debtors shall terminate if the creditor:

1) without any exceptions acknowledges that one of the co-debtors has paid his share;

2) has filed an action against the debtor as to his share only, and the latter has assented to such action, or if a court judgement satisfying the creditor’s claim has been passed.

3. If a creditor has renounced a solidary claim in respect of one of the co-debtors, and one of the other co-debtors has become insolvent, the share of such insolvent co-debtor shall be divided between all the solidary debtors, except the portion of the co-debtor in whose favour the renunciation of solidary claim is made.

SECTION TWO

DIVISIBLE AND INDIVISIBLE OBLIGATIONS

Article 6.24. Divisible obligations

1. An obligation shall be divisible unless it is expressly stipulated by law that it is indivisible, or unless the subject matter of the obligation, owing to its nature, is not susceptible to division either materially or abstractly.

2. If an obligation is divisible, and if there is more than one debtor or more than one creditor though the obligation is not solidary, each of the creditors may claim the performance only of his share of the debt, while each debtor shall be bound to perform only his share of the debt.

3. The heir of the debtor who has been charged with rendering the performance or who is in possession of the property subject matter of the obligation, shall have no right to claim for division of performance of obligation.

4. An obligation of one debtor to one creditor may be performed between them only as an indivisible one, though this obligation shall become divisible between the heirs of the parties to the obligation, except where it is indivisible.

Article 6.25. Indivisible obligations

1. An obligation shall be indivisible if the subject-matter of the obligation, owing to its nature, is not susceptible of division, or if the parties have agreed on such mode of performance which renders the obligation impossible to be performed in shares.

2. Indivisibility of an obligation means that it shall not be susceptible of division either between the creditors, or the debtors, or between their heirs.

3. A stipulation of solidarity of an obligation made by the parties thereof shall not render it indivisible.

4. Each of the debtors of an indivisible obligation or his heir may separately be obligated to perform the whole obligation, and each of the creditors of an indivisible obligation or his heir may claim the performance of the whole obligation even though the obligation is not solidary.

5. Where a heir of the creditor claims satisfaction of the whole performance, he shall be obliged to secure the protection of the interests of co-heirs.

SECTION THREE

ALTERNATIVE OBLIGATIONS

Article 6.26. Concept of an alternative obligation

1. An obligation shall be alternative where the debtor is charged with performance of one of two or more different actions (principal prestations) in his own choice or chosen by the creditor or a third person. The performance of either of the chosen prestations shall fully discharge the debtor.

2. The debtor may not demand the creditor to accept a part of the performance in one prestation and the other part in another.

3. An obligation shall not be considered alternative if at the time of its arising one of the two possible prestations could not be the subject-matter of that obligation.

4. In the event where a person who has the right of choice chooses a concrete action of performance (prestation), an alternative obligation shall become simple.

Article 6.27. The right of choice

1. In an alternative obligation the choice of the prestation shall belong to the debtor unless it has been granted to the creditor or a third person by laws, contract or a court judgement .

2. A choice shall become irrevocable from the moment of performance of one chosen prestation, or when the choice is communicated to the other party, or to both parties in the event where the choice belongs to a third person.

3. If the right of choice belongs to one of the parties of obligation and this party fails to exercise it within the allotted time, the right of choice shall pass to the other party. The right of choice cannot pass to the creditor until he acquires the right to claim for performance, and to the debtor, until his duty to perform the obligation arises. If the choice of a concrete prestation is referred to a third person and he fails to exercise it, it shall be determined by the court.

4. A time-limit for the realisation of the right of choice can be established by an agreement of the parties. In the event where such time-limit is not established, it can be fixed by the party who is not granted the right of choice. Such time-limit must be reasonable.

5. In the event where the right to claim is pledged and the impossibility of performing an obligation is caused by the failure to chose a concrete action of performance, the pledgee may establish a time-limit for both parties to the obligation within which the choice of a concrete prestation must be made. If the choice of a concrete prestation is not made within the established time-limit, the right of the choice shall pass to the pledgee.

Article 6.28. Impossibility of performing of an alternative obligation

1. In the event of one of the several prestations being impossible from the very arising of the obligation, or it becoming such after the arising of the obligation, the obligation shall be performed by the acceptance of the remaining prestation.

2. The rule established in Paragraph 1 of this Article shall not apply if one of the prestations becomes impossible to perform due to the circumstances responsibility for which is borne by the party without the right of choice of performance. In this event, the debtor shall be liable for the non-performance of the obligation.

3. In the event where the debtor had the right of choice and one of several kinds of prestation became impossible to be performed not through his fault, the debtor shall be obliged to perform the obligation in the remaining prestation.

4. Where the debtor is granted the right of choice and all of the prestations become impossible to be performed due to his own fault, the debtor shall be liable to the creditor to the extent of the last prestation remaining.

5. In the event where all the prestations become impossible without the fault of the debtor, the obligation shall be deemed to be extinguished.

6. Where the creditor is granted the right of choice, and if one of the prestations becomes impossible to be performed, the creditor shall be obliged to accept performance in other prestations. If one of the prestations becomes impossible to be performed due to the fault of the debtor, the creditor shall have the right to claim performance in kind by choosing other prestations, or to claim compensation of damage resulting from the non-performance of the obligation by the prestation that has become impossible. In the event where the obligation is not possible to be performed in any of the several prestations due to the fault of the debtor, the creditor shall have the right at his choice to claim compensation for the damages resulting from the impossibility of one or another of the prestations.

Article 6.29. Facultative obligation

1. A facultative obligation is an obligation which has only one principal subject-matter (prestation), though in the event of the obligation being impossible to perform in the principal prestation, it may be realised in another performance that does not contradict to the principal one.

2. The debtor shall be discharged from performing the obligation if the principal prestation without his fault becomes impossible to perform, and the obligation cannot be performed in another prestation that does not contradict the principal one.

SECTION FOUR

CONDITIONAL OBLIGATIONS

Article 6.30. Concept of a conditional obligation

1. An obligation is conditional where its arising, modification or extinction is made dependent on whether or not a certain circumstance occurs in the future.

2. The conditional nature of an obligation shall not prevent the rights that arise from it being alienable and inheritable.

3. The conditional obligations may be suspensive term or resolutory term. In such case, Article 1.66 of this Code shall apply.

4. An obligation shall not be deemed to be conditional if its extinction depends on an event that, unknown to the parties, had already occurred at the time when the debtor accepted the conditional obligation.

5. The obligation whose arising depends upon a condition that is at the absolute discretion of the debtor shall be null and void. However, if the condition consists of exercising or not exercising appropriate actions, the obligation shall be valid even where the exercising or not exercising the action is at the sole discretion of the debtor.

Article 6.31. Requirements for a condition

1. A condition shall have to be lawful and not contrary to the public order and good morals.

2. A condition can be only such circumstance, the existence or non-existence of which is possible.

3. A condition which is unlawful, contrary to the public order or good morals, or which is impossible shall be null and void, and shall render the obligation which depends upon it null and void.

Article 6.32. Time-limits for fulfilment or non-fulfilment of a condition

1. In the event where no time-limit has been fixed for the fulfilment of a condition, the condition may be fulfilled at any time. If it becomes certain that the condition may not be fulfilled at all, it shall be deemed to be not fulfilled.

2. Where the arising, modification or extinction of an obligation is dependent upon a condition that certain circumstances will not occur within a given time, the condition shall be considered having occurred once the determined time has elapsed without the certain circumstance having occurred, also when before the elapse of the time it becomes certain that the circumstance is not bound to occur altogether.

3. Where no time-limit has been fixed, the condition shall not be considered fulfilled until it becomes certain that the circumstance will not occur.

SECTION FIVE

OBLIGATIONS WITH A TERM

Article 6.33. Types of termed obligations

1. Obligations may be suspensive or resolutory.

2. An obligation with a suspensive term shall be an existing obligation that is not performed until the expiry of a certain time-limit, or until the occurrence of a certain circumstance. In this event, its performance may not be demanded before the expiry of the term; however, anything performed freely and without error before the expiry of the term may not be recovered.

3. An obligation with a resolutory term is an obligation whose duration is fixed by laws or agreements of the parties and which is extinguished by the expiry of the fixed term.

Article 6.34. Fulfilment of obligations with a term

1. In the event of non-occurrence of a circumstance in the case of an obligation with a suspensive term, the obligation shall become exigible from the day on which that circumstance should normally have occurred.

2. Anything that is due upon a term may not be exacted before the term expires. However, everything performed freely and without error before the expiry of the term may not be recovered.

Article 6.35. Determination of a term

1. A term may be determined by laws, agreement of parties or a court judgement.

2. If the parties have agreed to postpone the determination of the term, or to delegate it to be determined by one of the parties, but no term has been determined, the term shall be fixed by the court upon the application of one of the parties taking into account the nature of the obligation and the circumstances of the case. In urgent cases, the term may be fixed by one of the parties. In any event, the term must be reasonable.

3. In the event where a fixed term is required by the nature of the obligation, and it has not been determined by the parties, the term may be fixed by the court.

4. It shall be presumed that a term is determined for the benefit of the debtor unless otherwise established by laws or the contract, also where taking into consideration the essence and nature of the obligation, it becomes clear that the term has been stipulated for the benefit of the creditor, or both of the parties. The debtor shall lose his privileges in respect of the term if he becomes insolvent, is declared bankrupt or without the consent of the creditor reduces or destroys the security of performance of the obligation submitted, also if the debtor fails to meet the conditions in consideration of which the privileges were granted to him.

5. The party for whose benefit the term has been determined may renounce it without the consent of the other party. Renunciation of the benefit of the term renders the obligation exigible immediately.

6. When one of the parties renounces the benefit of the term, or loses the right to the benefit of the term, the other party shall acquire the right to demand immediate performance of the obligation.

SECTION SIX

MONETARY OBLIGATIONS

Article 6.36. Currency of monetary obligations

1. Monetary obligations (debts) must be expressed and paid in the currency which in accordance with the valid laws is lawful tender in the Republic of Lithuania.

2. Monetary obligations may be paid within the order established by laws by means of bank-notes (coins), cheques, bills of exchange, transfer of funds, credit cards or by any other lawful tenders.

3. Where an action is brought in the Republic of Lithuania for the recovery of a sum of money expressed in a foreign currency, the creditor may at his choice demand payment in the foreign currency, or the equivalent in the national currency of the Republic of Lithuania at the rate of exchange at the day of the actual payment.

4. Where the monetary obligation is indicated in a currency which is not lawful tender, the money paid by the debtor to perform the obligation shall have to be lawful tender and correspond to the rate of exchange of the currency valid at the time and in the place of actual payment.

5. In the event where the debtor exceeds the time-limit fixed for the fulfilment of the obligation and fails to pay on the day of maturity, and if after the day concerned the currency in which the sum of money is due is depreciated because of the change in exchange rates, the debtor shall be obliged to pay an additional amount equivalent to the difference between the rate of exchange at the date of maturity and the date of actual payment. This rule shall not apply if the failure of the debtor to perform the obligation is conditioned by the fault of the creditor. The debtor shall bear the burden of proof of the circumstance indicated above.

6. The provisions of Paragraph 5 of this Article shall not apply if the rule established in Paragraph 1 of this Article has been violated.

Article 6.37. Interest on monetary obligations

1. Interest on obligations may be fixed by laws or agreements of the parties.

2. The debtor shall also be bound to pay a certain interest established by laws on the sum adjudged to the creditor for the period from the moment of the commencement of the case in the court until the final execution of the judgement.

3. In the event where the interest is established by laws, the parties may agree in writing upon a higher interest providing that such agreement is not contrary to laws or the principles of good faith and reasonableness. Non-observance of the written form shall be the grounds for the application of the interest established by laws.

4. It shall be prohibited to calculate interest on the interest calculated previously (double interest), except in the cases established by laws or agreement of the parties if such agreement is not contrary to the requirements of good faith, reasonableness and justice.

CHAPTER III

PERFORMANCE OF OBLIGATIONS AND LEGAL EFFECTS OF THEIR NON-PERFORMANCE

SECTION ONE

GENERAL PROVISIONS

Article 6.38. Principles of performance of obligations

1. Obligations must be performed in good faith, properly and without delay, pursuant to the requirements indicated in laws or the contract, and in case of absence of relevant requirements, obligations must be performed in accordance with the criteria of reasonableness.

2. In the event where the performance of an obligation is inherent in the exercise of professional activity of one of the parties, the requirements with respect to the nature of that professional activity shall also have to be observed by the party concerned.

3. Each of the parties shall be obliged to perform his obligations in the thriftiest way possible and render every kind of assistance to the other party in performing his obligations (obligation of the parties to co-operate).

4. If the debtor in performance of the obligation uses assistance of other persons, he shall be liable for the actions of those persons as for his own.

Article 6.39. Manner of performance of an obligation

1. A debtor may not without the consent of the creditor free himself from the obligation by a performance different from that which is foreseen in the contract or laws, notwithstanding the value of the performance.

2. Where the creditor has consented to accept a different performance, the obligation shall be deemed to be extinguished.

3. The counter-duties of the debtor and creditor must be performed by them concurrently unless otherwise provided for by laws, the contract, or the essence of the obligation.

Article 6.40. Partial performance of an obligation

1. The creditor shall have the right to refuse accepting a partial performance of an obligation unless otherwise provided for by laws or the contract.

2. In the event where the debtor disputes a part of an obligation, he shall be obliged to accept the performance of that part of the obligation which is not disputed. However, the creditor shall reserve the right to demand performance of the remaining part of the obligation.

Article 6.41. The quality of performance of an obligation

1. When the subject-matter of an obligation is a thing specified only as to the kind, the debtor must deliver a thing of the same kind, but not below the average in quality required for the kind concerned unless otherwise provided for by laws or a contract.

2. When the subject-matter of an obligation is an individually specified thing, the debtor shall be liable for any worsening of the quality of that thing if such worsening occurs through his own fault.

Article 6.42. Furnishing security of performance of obligation

Any person bound to furnish security of performance of an obligation which is not specified by the contract as to the manner or form, shall have the right at his own discretion to choose concrete means of security adequate to the essence of the obligation or a form of security established by laws.

Article 6.43. Duty to safeguard

An obligation to deliver an individually specified thing shall include the duty to safeguard it until delivery unless otherwise provided for in the contract.

Article 6.44. The person to whom the performance must be made

1. The obligation must be performed to the creditor, or to his representative, or to the person designated by the creditor, or to the person obliged by laws or the court to accept such performance.

2. Performance of an obligation made to a person not entitled to accept it shall be deemed to be an appropriate performance if the creditor ratifies it or factually obtains the full performance from the person concerned.

3. Performance of an obligation shall not be deemed to be carried out in a proper way if the debtor, in the course of its effectuation in respect of one of his creditors, infringes the interests of his other creditor who is granted the right to demand the arrest of the property of the debtor.

Article 6.45. Performance of an obligation to an erroneous creditor

1. The debtor who performs an obligation to a person who through the fault of the creditor is reasonably and in good faith deemed to be entitled to receive the performance, shall be discharged from the performance of obligation to the creditor if he proves to have erred in good faith.

2. The erroneous creditor who has accepted performance shall be obliged to restore it to the true creditor or to the debtor in accordance with the rules of Chapter XX of this Book.

Article 6.46. Suspension of performance of an obligation

1. The debtor shall have the right to suspend performance upon substantial and reasonable grounds for doubt whether the person in respect to whom the obligation is being performed has the right to accept this performance, and if the latter upon the demand of the debtor fails to present the necessary proof of his right to claim.

2. The debtor shall also have the right to suspend performance of the obligation if the creditor fails to perform his counter-obligation and where the counter-obligations of the debtor and creditor are connected in such a manner which justifies the suspension of the performance of the obligation.

3. The debtor shall have no right to suspend performance of the obligation where the creditor cannot perform his obligation through the fault of the debtor himself, likewise when the creditor cannot perform his obligation due to circumstances beyond his control.

Article 6.47. Performance of an obligation to an incapable creditor or to a creditor who had no right to accept the performance personally

1. Performance made to a creditor without capacity to accept it shall be valid only to such extent if the debtor proves that the performance truly conforms to the best interests of the incapable person and is to the advantage thereof.

2. Where the obligation is performed without considering that the creditor due to certain reasons (arrest, etc.) was unable to accept the performance personally, the debtor shall be bound to perform such obligation anew and shall have the right of recourse against the creditor to demand the return of what has already been transferred.

Article 6.48. Incapacity of a debtor

If the obligation is performed by an incapable debtor, such performance cannot be disputed upon the grounds of the debtor’s incapacity.

Article 6.49. Performance made with the property of another

1. The debtor cannot dispute performance of an obligation made by the transfer of property he had no right to dispose of, except in the cases when he himself offers to make performance by a transfer of property he has the right to dispose of, and if such change of prestation does not violate the interests of the creditor.

2. The creditor to whom the property of another has been transferred by the debtor in performance of an obligation shall have the right to dispute such performance and claim damages.

Article 6.50. Right of a third person to perform an obligation

1. An obligation can be performed in part or in full by a third person, except in the cases when pursuant to the agreement of the parties, or the essence of the obligation, it must be performed by the debtor personally.

2. The creditor may refuse acceptance of the performance offered by a third person if the debtor has notified him of his objection to such performance, except in the case established in Paragraph 1 of Article 6.51 of this Code.

3. The third person who has performed the obligation shall acquire the rights of a creditor in respect to the debtor.

Article 6.51. The right of a third person to perform an obligation for the debtor

1. Where the exaction against the property of the debtor has been taken by the creditor, the claim of the creditor may be satisfied by third persons who by the reason of such exaction may be deprived of certain rights to that property. The same right shall belong to the person who possesses the property if by the reason of exaction the right of possession may be lost by him.

2. A claim of the creditor may also be satisfied by depositing the money into the depository account of a notary, a bank or any other credit institution, or by setting-off counter claims.

Article 6.52. Place of performance of an obligation

1. An obligation shall be performed at the place expressly indicated in the contract or laws, or which may be inferred from the essence of the obligation.

2. In the event where no place of performance is indicated, the following rules shall apply:

1) the obligation to deliver an individually specified thing shall be performed at the place where the thing was situated when the obligation arose;

2) the obligation to deliver an immovable thing shall be performed at the place where the thing is situated;

3) the obligation to deliver a thing specified as to the kind shall be performed at the place of residence or business of the debtor;

4) a monetary obligation shall be performed at the place of residence or business of the creditor at the time of maturity of the obligation. In the even of change of place of residence or business of the creditor since the time of the arising of the obligation, which has caused additional expenses of performance to the debtor, the creditor shall be bound to compensate the debtor for such additional expenses. Upon the request of the creditor, a monetary obligation may also be performed in the territory of another state where the place of residence or business of the creditor is located at the time of payment, or the state where the creditor's residence was at the time when the obligation arose. However, where the required performance would be rendered substantially more onerous in the consequence, the debtor may refuse to satisfy such requirement of the creditor and execute performance in the place of the creditor's residence or his business at the time when the obligation arose;

5) all other obligations shall be performed in the place of the debtor's residence or business at the time of maturity of the time-limit for the performance of the obligation.

Article 6.53. Time-limit for performance of an obligation

1. If the time-limit for the performance of an obligation is not established, or it is determined by the moment of demand to perform the obligation, the creditor shall have the right to demand it at any time, and the debtor shall have the right to perform the obligation at any time. Though, when a certain time-limit is necessitated by the nature of the obligation, the manner or place of its performance, it may be fixed by the court upon the demand of one of the parties.

2. The obligation whose time-limit of performance is not determined, must be performed by the debtor within seven days from the day when the creditor requested the performance unless a different time-limit of performance results from laws or the essence of the contract. In such cases, the time-limit for performance must be reasonable and enable the debtor to perform the obligation properly.

3. The debtor shall have the right to perform the obligation before the expiry of the time-limit determined for its performance unless this is prohibited by laws, the contract, or is contrary to the essence of the obligation.

Article 6.54. Imputation of payments

1. Unless otherwise agreed by the parties, payments received by the creditor in result of performance of an obligation shall be imputed first to the creditor’s expenses related with the tender.

2. Second in line payments shall be imputed to interests in accordance with the sequence of their maturity.

3. Third in line payments shall be imputed to a penalty.

4. Fourth in line payments shall be imputed to the performance of the principal obligation.

5. A creditor shall have the right to reject an offer to pay if the debtor indicates a different order of imputation than established in Paragraphs 1, 2, 3 and 4 of this Article.

6. A creditor may reject full repayment of the principle obligation if the current interest at maturity is not paid at the same time.

Article 6.55. Imputation of payments in the event of several debts

1. A debtor who owes several debts of the same kind to the same creditor may declare at the time of payment which debt he intends to satisfy. Though the debtor shall have no right without the consent of the creditor to impute a payment to an obligation not yet due in preference to a debt at maturity.

2. In the absence of such declaration of the debtor, or a different agreement between the parties, it shall be considered that the payment is imputed first to the debt at maturity. In the event of several debts at maturity, where none of them is secured, it shall be considered that the payment shall is imputed to the debt that was the first to reach maturity. Where several debts are due, it shall be considered that the payment is imputed to the one having the security. Among several secured debts, the payment shall be imputed first to the debt which is most burdensome to the debtor, and in the event of all the debts being equally burdensome, to the one that was the first to reach maturity. In the instances where none of these criteria may be applied, imputation shall be made in proportion to all the debts.

3. The rules of this Article shall also apply when the debtor’s obligation to the creditor consists of the supply of goods or services, to the extent that this does not contradict to the essence of the obligation.

Article 6.56. Performance of obligation by payment to a deposit account

1. The debtor has the right to perform a monetary obligation by depositing the debt into the deposit account of a notary, a bank or any other credit institution if:

1) the creditor or any other person authorised to accept the performance cannot be found at the place where the obligation is to be performed;

2) the creditor is incapable and a guardian is not appointed to him;

3) the creditor avoids accepting the performance of the obligation;

4) the creditor is not clear, as the right to accept the performance is being disputed by several persons.

2. A deposit of the sum necessary for the performance of an obligation into a deposit account indicated in Paragraph 1 of this Article shall be considered a proper performance of the obligation.

3. A notary, a bank or any other credit institution, into account of which the money is deposited, shall be obliged within a reasonable time to inform the creditor accordingly.

4. Where the subject-matter of an obligation is a thing, and the creditor refuses to accept performance, the debtor shall be obliged to make a tender and determine the time-limit for the acceptance of performance. In the case of the creditor’s failure to accept performance of the obligation within the established time-limit, he shall be considered to be in default. In this event, the creditor shall bear the costs of the preservation of the thing. The creditor shall also bear the risk of loss or deterioration of a thing. If a thing is perishable, the debtor may sell it and deposit the proceeds. These rules shall also apply within the conditions specified in Paragraph 1 of this Article, with the exception of tender.

5. Performance of an obligation in accordance with the rules provided for in this Article shall release the debtor from the payment of interest or any other dues in the future.

6. Interest, or any other sums calculated from the day of deposit shall be due to the creditor. However, if the deposit is made to obtain performance of the obligation of the creditor that is correlative to the obligation the debtor intends to perform by the deposit, the received interest and other sums shall belong to the debtor until the deposit is accepted by the creditor.

7. The deposited sums of money may be withdrawn by a debtor as long as the performance has not been accepted by the creditor. If the debtor withdraws the deposited sums from the deposit account, he shall not be considered to have performed the obligation. Where the deposit of a sum of money is made during judicial proceedings, the debtor may withdraw such deposited sum only upon the authorisation of the court. In addition, the withdrawal may not be effectuated by the debtor if this would impair the rights of third persons, or the interests of solidary debtors or sureties.

8. In the event of bankruptcy, monetary means accumulated in the deposit account shall not be calculated into the asserts of the bank or of any other credit institution from which the claims of the creditors are satisfied under the procedure of bankruptcy.

Article 6.57. Expenses of performance of an obligation

The expenses related with the performance of an obligation shall be charged to the debtor unless otherwise provided for by laws or a contract.

Article 6.58. Right of suspension of performance of obligation

1.Where the contractual obligation is counter-performed, and the party who is the first to make actions of performance fails to perform his obligation, or where it is evident that the party will delay the performance of the obligation, the other party shall have the right to suspend the performance of his counter-obligation, or refuse to perform it altogether, inform of this the other party, and claim damages.

2. No right of suspension shall exist where:

1) the other party produces adequate security of performance of his obligation and this will not bring about groundless delay of performance of the obligation;

2) the performance of the obligation of the other party is impossible for the reason beyond the control thereof;

3) the performance of the obligation of the other party is prevented by the fault of the opposite party.

3. In the event of a contractual obligation being not performed in full by one of its parties, the other party shall also have the right to suspend the counter-performance of his obligation, or to refuse performance to the degree correspondent to that non-performed by the party obliged to perform first.

4. Where a party performs his counter-obligation before the party who is to perform first, the latter shall be bound to perform his obligation.

5. The right to suspend performance of a bilateral obligation shall become extinct when the other party to the obligation presents adequate security for the performance of his obligation.

6. The right to suspend performance of any obligation may also be invoked against the creditors of the other party to the obligation.

7. The right of suspension of performance of an obligation must be used by the parties in good faith and reasonably.

SECTION TWO

LEGAL EFFECTS OF NON-PERFORMANCE OF AN OBLIGATION

Article 6.59. Inadmissibility of unilateral refusal of performance of an obligation

None of the parties may unilaterally refuse performance of his own obligation or modify the conditions of performance thereof, except in the cases provided for by laws or a contract.

Article 6.60. Consequences of non-performance of an obligation to deliver an individually determined thing

1.Where a debtor fails to perform the obligation to deliver an individually determined thing to the creditor's ownership or possession thereof by the right of trust or use, the creditor shall have the right to demand that thing to be delivered. This right shall become extinct upon the thing concerned being handed over to another creditor with the same kind of right. Until the thing is not handed over, the priority to receive it shall belong to the creditor in whose favour the obligation arose first of all, and in the event where it is impossible to be ascertained, to the creditor who was the first to bring the action. The creditor who cannot avail himself of the right to force the performance of the obligation in kind, shall be entitled only to compensation of damages.

2. In the event where a penalty is foreseen by the contract, the creditor shall have the right within his choice to claim either payment of the penalty, or deliver of the individually determined thing.

Article 6.61. Effects of non-performance of an obligation to do a certain work

1. In the event where a debtor fails to perform an obligation that entails doing a certain work, the creditor shall have the right to perform that work himself at the debtor's expense within a reasonable time and for a reasonable price unless otherwise established by laws or a contract, or he may claim damages. In these instances, the creditor shall have the right to file a suit and demand the creditor to pay in advance the amount necessary for performing the work.

2. In the event where a debtor fails to perform an obligation that entails performing a certain work or actions which can be performed exclusively by the debtor personally, the court may upon the demand of the creditor exact a fine from the debtor in favour of the creditor. The amount of the fine shall be determined by the court. The fine may be exacted in a lump sum, or payable for every delayed day until the full performance of the obligation by the debtor.

3. Paragraph 2 of this Article shall not apply in the instances where the violated rights of the creditor can be defended by other forms of protection of rights, likewise where the performance of the obligation was rendered impossible not through the fault of the debtor.

Article 6.62. Liability for non-performance of an obligation arising from a bilateral contract

1.Where the performance of an obligation that arises from a bilateral contract has become impossible for the cause not imputable to any of the parties, while neither laws nor a contract provides otherwise, none of the parties may require each other performance of the contract. In such case, each party shall have the right to claim restitution in kind without the corresponding counter-performance.

2. Where the performance of an obligation that arises from a bilateral contract has become impossible because of a circumstance imputable to this party himself, while neither laws nor a contract provides otherwise, the other party may revoke the contract and claim restitution in kind (to return everything that was performed), likewise compensate damages incurred by the non-performance of this obligation.

3. Where the performance of an obligation that arises from a bilateral contract has become impossible due to circumstances imputable to the other party, the first party shall have the right to demand from the other party performance of the obligation and compensation of damages, including what has been accumulated due to the impossibility to perform the obligation.

Article 6.63. Cases in which a debtor is considered to be in default

1. A debtor shall be considered to be in default where:

1) the conditions of a contract are not performed, or are being performed improperly;

2) the debtor fails to perform the obligation within the established time-limit;

3) the creditor with valid reason files a suit against him, or addresses him in an extra-judicial demand to perform the obligation;

4) the creditor demands performance of the obligation within a reasonable time established by him, but the debtor failed to perform the obligation within this time-limit;

5) the debtor informs the creditor before the expiry of a time-limit of his intention not to perform the obligation;

6) performance of the obligation has become impossible due to the debtor’s fault.

2. The debtor shall be liable from the moment he is considered to be in default for any damages suffered by the creditor, except in the cases when the debtor is released from the performance of the obligation.

3. In the event where the time-limit for the performance of an obligation is not fixed, the debtor shall be considered to be in default from the moment when the creditor made a demand in writing to perform the obligation and fixed the time-limit for the performance, but the debtor has failed to perform the obligation within that time-limit.

4. The debtor shall be liable for all the consequences of the impossibility to perform the obligation after it was violated by the debtor, except in cases where the performance of the obligation has been rendered impossible through the fault of the creditor.

5. After the violation of an obligation committed by the debtor, the creditor shall have the right to refuse acceptance of the tender offered by the debtor if the debtor does not concurrently offer compensation of damages sustained by the creditor in the result of the violation of obligation.

Article 6.64. Cases when the creditor is considered to be in default

1. The creditor shall be considered to be in default when:

1) the debtor cannot perform the obligation in the result of insufficient co-operation between the creditor and the debtor, or through any other fault of the creditor;

2) the creditor through his own fault fails to perform his duty to the debtor, thus the debtor justifiably suspends performance of the obligation.

2. In the event of default of the creditor, the debtor can file a suit and demand to be released from the performance of the obligation in whole or in part, conditionally or unconditionally.

3. If the creditor violates the obligation, the debtor shall be considered not to have violated it. The debtor may not be considered in violation of the obligation as long as the creditor is considered to have violated it.

4. The debtor shall have the right to demand compensation for the damages incurred in the result of the violation of obligation committed by the creditor.

Article 6.65. Confirmation of performance of an obligation

1. Unless otherwise stipulated by the contract, the creditor, upon accepting the performance of an obligation, shall be obliged to issue to the debtor a quittance indicating to what extent – in part or in full – the performance has been made.

2. In the event where the creditor has documentary evidence of the debt issued by the debtor, he shall be obliged upon accepting the full performance of the obligation to remit this documentary evidence to the debtor, or failing that, inscribe the relevant annotation in the quittance. An inscription in the documentary evidence of the debt about the performance of the obligation shall be equalled to a quittance. If the performance does not cover the entire debt, or the creditor still needs this document for the exercise of other of his rights, he shall have the right to retain it, though he must issue a quittance to the debtor.

3. If the creditor refuses to issue a quittance, to remit the documentary evidence of the debt, or to inscribe in the quittance annotation about the impossibility to remit that document, the debtor shall have the right to suspend the performance of his obligation until the document confirming the performance of the obligation is issued to him.

4. Where several actions must be performed by the debtor successively, a quittance for the two last actions shall create the presumption that the previous actions have also been performed, except in the cases where a contract or a quittance provides for otherwise.

5. If the creditor issues a quittance for the principal sum, it shall be presumed that the interest and other costs have also been paid by the debtor.

CHAPTER IV

DEFENCE OF INTERESTS OF A CREDITOR

Article 6.66. Right of a creditor to dispute transactions made by a debtor (Paulian action)

1. A creditor shall have the right to challenge transactions made by a debtor, where the debtor was not bound to make them and where they violate the rights of the creditor, while the debtor knew or ought to have known that prejudice to the creditor would result from that transaction (Paulian action). The creditor’s rights shall be considered violated if by such transaction the debtor renders himself insolvent or by which, being insolvent, he grants preference to another creditor, or the rights of the creditor are infringed in any other way.

2. A bilateral transaction may be annulled on the ground established in Paragraph 1 of this Article only in the case when the third person concluding the transaction with the debtor concerned was in bad faith, i.e. he knew or ought to have known that the transaction violates the rights of the debtor’s creditor. A gratuitous transaction may be annulled irrespectively of whether the third person is in good or bad faith.

3. The creditor shall have the right to bring an action upon the annulment of the transaction on the ground provided in Paragraph 1 of this Article within one year prescription. This time-limit shall be calculated from the day on which the creditor learned or ought to have learned of the transaction which violates his rights.

4. The annulment of the transaction shall have legal effects only in respect of the creditor who brought the action upon the annulment of the transaction and only to the extent that is necessary to remove the prejudice experienced by the creditor.

5. The annulment of the transaction shall have no effect upon the rights of third persons in good faith to the property which was the object of the annulled transaction.

Article 6.67. Presumption of bad faith

1. It shall be presumed that the parties to a transaction by whom interests of the creditor are violated were in bad faith if:

1) the debtor has concluded a transaction with his spouse, children, parents or other close relatives;

2) the debtor has made a transaction with a legal person in which his spouse, children, one of the parents, or any other close relative is the director, a member or a participant of its managing body who either directly or indirectly hold by the right of ownership at least fifty percent of the issued shares (portion of shares owned by a shareholder, contributions, etc.);

3) the debtor, who is a legal person, has concluded a transaction with a natural person who is the director or a member of the managing body of that legal person, or with his spouse, children, one of the parents or any other close relative;

4) the value of the prestation which had to be performed by the debtor considerably exceeds the prestation presented by the other party to the transaction (disproportion of counter-obligations);

5) a transaction has been made upon the payment of a debt that has not yet matured;

6) the debtor, who is a legal person, has made a transaction with a natural person who either himself, or his spouse, children, parents, or any other close relative, or jointly with them are the participants of that legal person and hold directly or indirectly by the right of ownership at least 50 percent of the shares (portion of shares owned by a shareholder, contributions, etc.) of that legal person;

7) the debtor, who is a legal person, has concluded a transaction with another legal person which is controlled by the debtor, or if the director or a member of the managing body of one of the parties to the transaction is a person who directly or indirectly, separately or jointly with his spouse, children, parents or close relatives hold by the right of ownership at least 50 percent of the issued shares (portion of shares owned by a shareholder, contributions, etc.) of the other legal person or of the issued shares (portion of shares owned by a shareholder, contributions, etc.) in both legal persons;

8) the debtor, who is a legal person, has made a transaction with an association of legal persons or with any other corporation where the debtor is a member.

Article 6.68. An oblique action

1. A creditor whose right to claim against the debtor is certain and exigible shall be entitled to exercise the rights of the debtor by bringing an action in the debtor’s name in the event where the debtor fails to implement these rights himself, or refuses to exercise them to the prejudice of the creditor’s interests (an oblique action).

2. An oblique action may be brought only in the instances when the creditor is necessitated to protect his rights (in the event of the debtor’s insolvency, bankruptcy proceedings instituted against him, or in any other special events) and under the condition that the time-limit for the performance of obligations matured prior to the institution of the action.

3. The creditor shall have no right to demand exercising of such debtor’s rights which are related exceptionally with the person of the debtor.

4. A person against whom an oblique action of the creditor is brought may set up against the creditor all the objections and defences he could have set up against the debtor.

5. Upon the satisfaction of an oblique action, the recovered property shall be set-off into the property of the debtor and shall benefit all his creditors.

Article 6.69. Right of retention

1. The creditor shall be able to avail himself of the right of retention of a thing until the obligation is performed by the debtor.

2. The procedure for the implementation of the right of retention is established by the provisions of Book Four of this Code.

CHAPTER V

SECURITY OF PERFORMANCE OF OBLIGATIONS

Article 6.70.Kinds of security of obligations

1. Performance of obligations may be secured in accordance with a contract or laws in the form of penalty, pledge (hypothec), suretyship, guarantee or earnest money, or any other forms resulting from the contract. Relationships related to pledge (hypothec) are regulated by the norms of Book Four of this Code.

2. The security of performance may be applied both to already existing obligations and to those that will arise in the future.

SECTION ONE

PENALTY

Article 6.71. Concept of penalty

1. A penalty is a sum of money determined by laws or a contract which the debtor shall be bound to pay to the creditor in the case of failure to perform an obligation, or defective performance thereof (fine, forfeit).

2. The penalty may be established in the form of a concrete sum of money or expressed in percentage terms on the amount of the secured obligation.

3. The penalty stipulated for a delay in performance of an obligation may be established for every day, week, month, etc. that exceeds the time-limit of the performance.

Article 6.72. Form of agreement upon penalty

The clause by which it is agreed upon a penalty must be made in writing.

Article 6.73. Penalty and real performance of the principle obligation

1.Where an obligation with a penal clause is established, the creditor may not demand both the real performance of the principal obligation and the penalty, except in cases when the debtor is in delay of the performance of the obligation. Any stipulation of parties contrary to the provisions of this Article shall be void. The sum stipulated in the penal clause shall be set-off into damages in the case where compensation of damages is claimed.

2. The amount of penalty stipulated may be reduced by the court when it is manifestly excessive, or if the creditor has already benefited from partial performance of the obligation, though the sum may not be reduced below the damages payable for the failure to perform the obligation or for defective performance thereof. No reduction of the penalty paid shall be allowed.

3. The provisions of this Article shall not apply in the instances where it is otherwise provided for by this Code in respect of certain types of contracts.

Article 6.74. Voidability of agreement upon penalty

Where the transaction from which the obligation has arisen is declared void within the procedure established by laws, any agreement upon the security of performance of such an obligation by way of penalty shall be equally void.

Article 6.75. Burden of proof

The burden to prove the fact of performance of the principal obligation in a proper way shall be placed on the debtor by whom the obligation to pay the penalty is disputed on the basis of assertion that the obligation has already been performed by him.

SECTION TWO

SURETYSHIP

Article 6.76. Concept of a contract of suretyship

1.Suretyship is a contract by which the surety binds himself to be liable towards the creditor of another person gratuitously or for a remuneration in the event where the person in whose favour suretyship is granted fails to perform the obligation in whole or in part.

2. Suretyship is an accessory obligation (dependent upon the obligation of the principal debtor for which it has been entered into). Suretyship shall terminate upon the extinguishment of the principal obligation or it having been declared void.

Article 6.77. Grounds for suretyship

1.Suretyship may result from a contract of suretyship or may be imposed by laws, or ordered by a judgement.

2. Suretyship may be granted for an obligation irrespective of the request of the person for whose obligation it is being granted, also irrespective of the identity of the person who binds himself.

3. A person may become surety either for the principal debtor or for his surety.

4. The creditor shall have the right to require a concrete person to be a surety. In the case where the creditor does not express such a requirement, the debtor shall offer a person with sufficient property to perform the obligation to act as surety.

5. Where a debtor is bound to furnish suretyship on the grounds of laws (legal surety) or a court judgement (judicial surety), he may present other adequate security of the obligation instead suretyship.

6. Disputes whether the property of the surety is sufficient, and whether the security offered is adequate shall be decided by the court.

Article 6.78. Obligations secured by suretyship

1. Suretyship may be contracted for both already existing obligation and those which will arise in future, but in any event, suretyship may be applied only for the performance of a sufficiently specified obligation.

2. Suretyship may also be contracted for a part of the principal obligation. Suretyship may not be contracted for an amount in excess of that owed by the debtor. Suretyship may not be contracted under any other onerous conditions. Where the sum secured by suretyship extends beyond the limits of the debt for which it was contracted, it must be diminished till the amount of the debt.

3. Suretyship shall extend to all the accessories of the principal obligation.

Article 6.79. Form of a contract of suretyship

Suretyship must be contracted in written form. Non-observance of this requirement shall result in the voidability of the contract.

Article 6.80. Relationships between a surety and a creditor

1. At the demand of the surety, the creditor shall be bound to provide him with information in respect of the content and the conditions of the principal obligation, also with information regarding its performance.

2. The surety shall have the right to demand from the creditor exaction to be levied first on concrete property of the principle debtor, except in the cases where the surety has expressly renounced this right. Where the creditor failed to comply with the instruction of the surety, and did not levy the exaction first to the indicated concrete property of the principle debtor, the creditor shall be liable for any subsequent insolvency of the principle debtor up to the value of the property indicated. These rules shall not apply in the instances of solidary liability of the principal debtor and the surety towards the creditor (Paragraph 1 of Article 6.81 of this Code).

Article 6.81. Liability of a surety

1. If the debtor fails to perform the obligation, both the debtor and the surety shall be liable as solidary debtors towards the creditor for the fulfilment of this obligation unless otherwise provided for by the contract of suretyship.

2. The surety shall be liable to the same extent as the debtor (for the payment of interest and penalty, compensation for damages) unless otherwise established by the contract of suretyship.

3. Where several persons become sureties of the same debtor for the same debt, they shall be solidary liable unless otherwise provided for by the contract of suretyship.

Article 6.82.Rights and duties of a surety arising as the result of an action brought against him

1. In the event where the creditor brings an action against the surety, the latter shall be bound to implead the debtor. Otherwise, the debtor shall have the right in the case of a counter-claim brought by the surety to set up against the creditor all the defences he is entitled to.

2. The surety shall have the right to set up against the creditor all the defences which could be set up by the principal debtor. The surety shall not lose his right to set up such defences even when the debtor refuses his defences or admits his obligation.

3. The surety may avail himself of all other rights which may be exercised by the debtor (dispute a debt, apply a set-off, suspend performance of the obligation, etc.), with the exception of those which are exceptionally related to the person of the debtor.

4. A postponement of the performance of obligation granted to the debtor by the creditor shall also apply to the surety.

Article 6.83. Rights of a surety after the obligation is performed

1. All the rights of the creditor arising from a certain obligation shall pass to the surety by whom that obligation has been performed.

2. The surety who has bound himself at the request of the debtor or with his consent, and who has performed the obligation shall have additional right to claim from the principal debtor compensation for all the damages incurred in relation with the suretyship; he may also charge interest on the sum paid to the creditor even if the principal debt is not producing interest. A surety who has bound himself without the consent of the debtor may only claim from him what the debtor would have been bound to pay, including damages, if there had been no suretyship.

3. Every of several co-sureties shall have the right by way of recourse to claim from the debtor what he has paid.

4. After the surety has performed the obligation, the creditor shall be bound to deliver him the documents confirming the right of claim against the debtor, as well as the rights by which such claim is secured.

5. In the event where the surety fails to inform the principal debtor that he has performed the obligation, he shall have no right of recourse against the principal debtor who, being unaware of this performance, effectuates it repeatedly. The same effects will be produced in the case if the surety performs the obligation without informing the principal debtor at the time when the principal debtor has already acquired the right to set up against the claim of the creditor defences that could have enabled him to have the debt declared extinguished. Nevertheless, in both these cases the surety shall retain his right of claim for recovery of the sums that were not due to the creditor.

Article 6.84. Right of recourse of a surety performing a solidary obligation

If several persons acted as sureties for the same obligation, and the obligation was performed by one of the co-sureties, a co-surety who has performed shall have the right of recourse against other co-sureties for their respective portions in the event where those sums cannot be recovered from the debtor.

Article 6.85. Duty of a debtor to inform the surety about the performance of the obligation secured

The debtor who has performed the obligation secured by suretyship shall be bound to immediately inform the surety about the performance. Otherwise the surety who in his turn has performed the obligation himself shall retain the right of recourse against the debtor. In this case, the debtor may recover from the creditor only what has been received by him not due.

Article 6.86. Relief of a surety from liability

Where the creditor refuses his priority right in the satisfaction of his claim, or declines any other security of the obligation established in his favour, the surety shall be released from liability if the creditor would have been able to satisfy his claim by exercising the refused rights.

Article 6.87. Termination of suretyship

1. A suretyship shall be terminated at the time of extinguishment of the obligation which was secured by it.

2. A suretyship shall also be terminated by the death of the surety.

3. If the qualities of a surety and debtor are united in the same person, the suretyship shall remain in force if the creditor has an interest in its continuation.

4. Unless the contract of suretyship provides for otherwise, suretyship shall be terminated if the obligation is changed in essence, and such change without the consent of the surety results in the increase of his liability, or in any other consequences unfavourable thereto.

5. Suretyship shall be terminated if the debt according to the secured obligation is assumed by another person and the surety does not give his consent to the creditor to extend suretyship over in respect of the new debtor.

6. Suretyship shall be terminated where the creditor without any grounds refuses to accept a proper performance of the obligation offered by the debtor or the surety.

Article 6.88. Termination of suretyship contracted for a determinate period

1. Suretyship contracted for a determinate period or with a view of performing an obligation with a fixed term shall be terminated if the creditor does not bring an action against the surety within three months from the day on which the contract of suretyship or the time-limit of performance of the obligation expires.

2. Where suretyship by which the future obligation is secured is contracted for a fixed period, it shall terminate on the day of maturity of the time-limit of suretyship if the obligation did not arise before the expiration of this time-limit.

Article 6.89. Termination of a suretyship contracted for an indeterminate period

1. In absence of any agreement to the contrary, where the suretyship is contracted for an indeterminate period, or where the time-limit of performance of the obligation is not indicated, nor determined by the moment of demand for performance, the suretyship shall be terminated upon the expiry of two years from the day on which the contract of suretyship was formed if the creditor does not bring an action against the surety within this time-limit.

2. Where a future obligation is secured by the suretyship contracted for an indeterminate period, the surety may by his unilateral notice dissolve it upon expiry of three years from its contraction if during the three years the obligation did not become exigible. The surety must immediately inform in writing the debtor and the creditor of the dissolution of suretyship.

SECTION THREE

GUARANTEE

Article 6.90. Concept of a guarantee

1. A guarantee is an unilateral obligation of a guarantor by which he binds himself within the sum indicated in the guarantee to be liable fully or in part towards another person (creditor) if a person (debtor) fails to perform the obligation, or performs it improperly; the guarantor also binds himself to compensate the creditor for damages under certain conditions (when the debtor becomes insolvent, and in other cases). The guarantor shall be subsidiary liable.

2. The obligation of the guarantor towards the creditor does not depend on the principal obligation, the performance of which is secured by it; a guarantee is an independent obligation even in the cases when the principal obligation is indicated in the guarantee.

3. A guarantor who has performed the obligation for a debtor obtains the right of recourse against the latter.

Article 6.91. Form of a guarantee

A guarantee must be formed in writing. Failure to meet this requirement shall render the guarantee null and void.

Article 6.92. Limits of the obligation of a guarantor

1. The obligation of a guarantor shall be subsidiary and limited to the amount for which the guarantee was issued.

2. In the event where the guarantor fails to perform his obligation under the contract of guarantee, or performs it improperly, his liability towards the creditor for damages suffered as a consequence of violation of the guarantee shall not be limited to the amount for which the guarantee was issued.

3. Upon receiving the demand of the creditor to perform the obligation, the guarantor must immediately inform the debtor and submit to him copies of the creditor’s demand with the documents appended.

4. The guarantor has the right to refuse satisfaction of the creditor’s demand if this demand or the documents appended thereto do not correspond to the conditions of the guarantee, or they were submitted after the expiry of the time-limit established for the guarantee. The guarantor must immediately notify the creditor about the refusal to satisfy his demand.

5. Where it becomes known to the guarantor that the principal obligation secured by the guarantee has been performed fully, or has been terminated on other grounds, or has been acknowledged null and void, he must immediately notify of this the creditor and the debtor. In the event where after such notification the guarantor receives a repeated demand of the creditor to perform the obligation, he shall be obliged to satisfy thereof only upon the presentation by the creditor proof that the obligation has not been terminated and continues to be valid.

Article 6.93. Bank guarantee

1. Under a contract of a bank guarantee, the bank or any other credit institution (guarantor) binds itself in writing to pay to the debtor’s creditor upon his demand a sum of money fixed in the guarantee.

2. For the granting of a bank guarantee, the debtor shall pay remuneration to the guarantor stipulated in the contract concluded between the debtor and the bank.

3. The bank guarantee enters into force from the moment of its granting unless otherwise provided for by the contract.

4. The demand of the creditor concerning the performance under a bank guarantee must be submitted to the guarantor in the written form with all the necessary documents appended. It must be indicated in the demand in what manner the debtor has violated the principal obligation secured by the guarantee.

Article 6.94. Irrevocability of a bank guarantee

A bank cannot revoke any guarantee granted by it unless otherwise provided for by the contract of a guarantee.

Article 6.95. Prohibition to assign the right of claim

The creditor cannot assign his right of claim secured by the bank guarantee if this guarantee does not stipulate otherwise.

Article 6.96. Termination of a bank guarantee

Bank guarantee shall be terminated:

1) upon the payment by the bank to the creditor of the amount for which the guarantee was issued;

2) by the expiration of the time-limit of the guarantee established by the contract of guarantee;

3) by the creditor's renunciation of his rights arising from the guarantee and the return thereof to the bank, or information of the bank about the renunciation in writing.

2. Upon becoming aware that the guarantee has terminated, the bank shall be bound to notify the debtor without delay.

Article 6.97. Right of recourse of the bank

1. The bank and the debtor may establish by a contract the right of recourse of the bank against the debtor after the bank effectuates to the creditor the payment of the sum of money stipulated in the guarantee.

2. The bank shall not have the right within the procedure of recourse to claim from the debtor compensation of the amounts paid not in accordance with the guarantee, or the amounts paid for non-performance or the improper performance of the obligation of the bank to the creditor.

SECTION FOUR

EARNEST MONEY

Article 6.98. Concept of the earnest money

1. Earnest money shall be deemed to be a monetary amount issued by one contracting party from the payments due to be paid by him under a contract to the other party to prove the conclusion of the contract and secure its performance.

2. The earnest money cannot be used for securing a preliminary contract, likewise a contract that must be concluded in the obligatory notarial form.

Article 6.99. Form of the agreement for an earnest

1. The agreement for an earnest must be concluded in written form irrespective of the amount of the earnest money.

2. The agreement for an earnest which does not meet the requirement of the written form shall be null and void.

Article 6.100. Consequences of non-performance of an obligation secured by the earnest

1. If the party which issues an earnest is liable for non-performance of the contract, the earnest shall remain with the other party. In the event where the party to whom the earnest was handed over is liable for non-performance of the contract, he shall be bound to pay to the other party the double amount of the earnest money.

2. In addition, the party who is liable for non-performance of the contract shall be obliged to compensate the other party for damages, including the earnest money unless otherwise provided for by the contract.

CHAPTER VI

ASSIGNMENT OF A CLAIM

Article 6.101. Right of the creditor to assign a claim

1. A creditor may without the consent of the debtor assign to another person all or a part of the claim provided that the transfer does not contradict to laws or the contract, or the claim is not related with the person of the creditor. The assignment of the claim may not infringe the rights of the debtor and render his obligation more onerous.

2. By effect of the assignment, the claim is transferred to the assignee with the privileges established for the security of performance of the obligation and other accessory rights.

3. A future claim shall be likewise subject to assignment.

4. The right of a claim is transferred to another person on the grounds of laws in the following cases:

1) upon universal assumption of the rights of the creditor;

2) where the rights of the creditor under a court judgement are delegated to another person if such possibility is provided for by laws;

3) where the surety or the pledgor of the debtor, who are not parties to the secured obligation, perform the obligation for the debtor;

4) where within the procedure of recourse the rights of the creditor connected with the debtor responsible for the insurance event are transferred to an insurance company;

5) in other cases provided for by laws.

5. In the event where the person of the creditor is of the essential importance to the debtor, the creditor shall be prohibited to assign the claim without the consent of the debtor.

Article 6.102. Forbidden assignments

1. The assignment of a claim against which recourse cannot be taken shall be prohibited.

2. Judges, public prosecutors and advocates cannot become assignees of claims in respect of which litigation has arisen in the court within whose jurisdiction they exercise their functions.

3. It shall be prohibited to assign a claim inseparably related with the person of the creditor (claim for maintenance, claim for compensation of damage caused by impairment of health or loss of life).

Article 6.103. Form of a contract

Formation of a contract upon assignment of a claim shall be subject to the same formalities as prescribed for the principal obligation.

Article 6.104. Delivering of documents

1. The creditor who has assigned his claim to another person shall be bound to hand over to the new creditor the documentary evidence pertaining to the claim and the accessory rights, including the right to receive interest. If such documents remain of importance to the previous creditor, the new creditor shall only be entitled to copies thereof confirmed within the established order.

2. Assignment of a claim, the performance of which is secured by a pledge (hypothec), must be inscribed in the Register of Hypothec. In this case, the previous and the new creditors shall be obliged to take measures in order to ensure that relevant inscriptions are made in the Register of Hypothec.

3. In the event of the assignment of the universality of claims, the previous creditor shall be obliged to deliver to the new creditor any pledged property which is under his control.

4. All expenses related with the official registration and delivering of the documents stipulated in Paragraphs 1 and 2 of this Article shall be covered by the new creditor unless otherwise provided for by the contract.

5. A claim confirmed by a bearer security issued by the debtor shall be assigned by handing over the bearer security to the new creditor. In this case, the debtor shall be bound to perform the obligation to any person who hands over the security to him. In this event, the debtor shall neither be entitled to setting up any objections or defences other than a claim for acknowledging the nullity of the bearer security.

6. A creditor who has been dispossessed of a bearer security against his will may prevent the debtor from performing the obligation to the person who presents the security exclusively by means of instituting judicial proceedings.

Article 6.105. Liability of an assignor (previous creditor)

1. The assignor (previous creditor) shall be liable towards the assignee (new creditor) for the invalidity of the assigned claim, though he shall not be liable for the debtor's non-performance of the obligation arising from this claim, except in the cases when the assignor gives a surety to the assignee for the debtor.

2. When the right to claim is assigned gratuitously, it shall be deemed that the assignor affirms that the right to claim exists, and is owned by him even if such affirmation is not provided for by the contract (statutory guarantee), with the exception of cases where the assignee acquired the right to claim at his own risk, or at the time of the assignment, he knew or should have known of the uncertain nature of the claim.

3. Where the claim is assigned onerously, the assignor shall be liable only for the insolvency of the debtor that existed at the time of the assignment, and only to the extent of the amount he received for that assignment.

Article 6.106. Performance of an obligation in favour of the assignor by the debtor uninformed about the assignment of the claim

1. In the event of failure to inform the debtor that the claim has been assigned, the performance of the obligation in favour of the assignor shall be deemed to be right. If the claim has been assigned several times, the performance of the obligation in favour of any subsequent creditor shall be deemed to be right.

2. In the case of a dispute over the pretension to the right of claim, the debtor shall have the right to refuse payment to any concrete creditor and perform the obligation by depositing a sum into the depository account of a notary office, bank or any other credit institution.

3. In the instances where the debtor pays the debt being aware of the dispute indicated in Paragraph 2 of this Article, he shall be performing this at his own risk.

Article 6.107. Defences of the debtor against the claims of the assignee (new creditor)

1. The debtor shall have the right to set up against the assignee all the defences which he was entitled to set up against the assignor at the time of receiving the notice about the assignment of the claim.

2. After the assignment of the claim and handing over of a bearer instrument, the debtor who has issued the bearer instrument shall have no right to set up defences against the assignee based upon the assertion that the obligation is simulated or false, or the assignment is prohibited if at the time of the assignment of the claim the assignee did not and could not know of these circumstances.

3. In the event where after the assignment of the claim the debtor brings an action against the assignor for the annulment of the legal fact from which the obligation arises, the debtor shall be bound to inform of that the assignee, except in the cases when the annulment of that legal fact cannot be invoked against the assignee.

Article 6.108. Set-off against the assignee

The debtor who has the right to a counter-claim against the assignor can avail himself of a set-off against the assignee, except in the cases where at the time of acquisition of the right to the counter-claim the debtor knew of the assignment of the claim, or the time-limit for the recovery of the assigned claim expired after he became aware of its assignment, or after the expiration of the time-limit allotted for the recovery of the assigned claim.

Article 6.109. Notice of the assignment of a claim

1. The fact of the assignment of the claim may be invoked against third persons and the debtor from the moment when the debtor acquiesced in it, or received a copy of the document confirming the fact of the assignment of the claim, or any other evidence of the fact of the assignment of the claim.

2. Where the place of the debtor’s whereabouts is unknown, the assignment of the claim may be announced by public notice (Article 1.65 of this Code).

3. The assignment of the right of claim which is registered in the Public Register within the order established by laws, shall be announced in accordance with the legal procedure and the fact of the assignment shall be registered in the Public Register.

4. The assignment of a claim cannot be set up by the creditor against the debtor if the creditor gives a notice of this assignment to the debtor, even if the assignment would have not occurred or would have been declared void.

5. The handing over of the contract on the assignment of the claim to the assignee and presentation of that contract to the debtor shall also be deemed to constitute a notice.

6. A notice on the assignment of the claim may be renounced only with the consent of the assignee.

7. The debtor shall be bound to perform the obligation to the assignee only if the latter together with the expression of his demand presents the contract on the assignment of the claim. Refusal from the obligation or a demand of the performance thereof by the assignee shall have no effect without presentation of a contract on the assignment. This rule shall not apply if the assignee has notified the debtor of the assignment of the claim in writing.

Article 6.110. Assignment of other rights

The rules establishing the procedure of the assignment of a claim shall also apply to the assignment of other rights unless otherwise provided for by laws.

VII CHAPTER

TRANSFER OF A CLAIM TO A THIRD PERSON WITHIN THE PROCEDURE OF RECOURSE (SUBROGATION)

Article 6.111. Grounds for subrogation

Subrogation may be effectuated upon the grounds of a written contract or laws.

Article 6.112. Cases of subrogation

A claim shall be transferred to a third person by way of subrogation if:

1) the claim is satisfied from the property of the third person;

2) the obligation is performed for the debtor by the third person whose property was pledged in securing the performance of obligation;

3) the third person performs the obligation for the debtor in order to prevent seizure of property, even though the property does not belong to him, where the seizure would make him lose whatever rights he has in that property;

4) the debtor and the third person who has paid the debt concludes a contract upon the payment of the debt, provided that the creditor knew of this contract at the time of payment, or had been notified thereof.

Article 6.113. Rights acquired in the result of subrogation

A third person who is subrogated to the rights of the creditor, shall not obtain more rights than the subrogating creditor.

Article 6.114. Subrogation by operation of law

A claim shall be transferred to a third person according to subrogation by operation of law in the following cases:

1) in favour of the creditor who pays the debt to another creditor whose claim has preference to his by virtue of its securement in the form of a pledge (hypothec) or by the priority of claim;

2) in favour of the acquirer of the property when he performs an obligation towards the creditor whose claim is secured by a pledge (hypothec) on that property;

3) in favour of a person who performs the obligation to which he is bound with other debtors, or has reasonable interest in the performance thereof;

4) in favour of a heir who at his expense performs the obligation of succession for which he was not bound;

5) in other cases provided for by laws.

VIII CHAPTER

DELEGATION OF DEBT

Article 6.115. Delegation of debt by a contract between the creditor and the new debtor (delegee)

A third person shall be able by the effect of a contract with the creditor to accept the rights and duties of the debtor.

Article 6.116. Delegation and assumption of debt by the effect of a contract between the debtor and the person who assumes the debt (delegee)

1. Delegation of debt may be effectuated by the debtor exclusively with the consent of the creditor. The consent shall be given only after the creditor is notified of the intended delegation by the debtor and the person who assumes the debt (delegee). Until the creditor has consented, the contract may be modified or terminated by the parties. After the consent of the creditor is received, the contract between the initial and the new (delegee) debtor may not be modified.

2. The creditor’s consent for delegation of the debt may be given in advance. The creditor shall have no right to revoke his consent given in advance unless he has reserved this right in the said consent.

3. If the creditor has not given his consent, delegation of the debt shall be deemed not to have been effectuated. In the event where the debtor and the person who assumes the debt (delegee) establish a time-limit during which the consent of the creditor must be given, the consent may be given within the period provided. If no consent of the creditor is given within the established time-limit, it shall be deemed that the creditor has not consented to the delegation of the debt.

4. Pending the expression of consent or dissent by the creditor, the person who assumes the debt (delegee) shall be bound to the debtor for the performance of the obligation in favour of the creditor.

Article 6.117. Assumption of a debt secured by pledge (hypothecated debt)

Upon effectuation by the debtor delegation of a debt secured by pledge (hypothecated debt), the right of pledge to the property of the debtor shall remain valid.

Article 6.118. Form of the contractual delegation and assumption of debt

Contractual delegation and assumption of a debt must be made in writing.

Article 6.119. Defences available to the person who assumes a debt (delegee)

1.The new debtor (delegee) shall have the right to invoke against the creditor all the defences based upon the obligatory relationship between the creditor and the initial debtor. Nevertheless, the claim of the initial debtor cannot be claimed by the new debtor (delegee) for a set-off.

2. The new debtor (delegee) cannot invoke against the creditor the defences based upon the relationship between the initial debtor and the person who has assumed the debt (delegee) which formed the basis for the delegation of the debt.

Article 6.120. Accessory rights

1. Upon the change of the debtor in the effect of the assumption of a debt, all accessory rights of the creditor shall remain unchanged provided that they are not purely personal in respect of the initial debtor.

2. Suretyship and pledge granted by a third person shall be extinguished by the delegation of the debt if the surety or the pledgor do not expressly state their consent to be liable for the new debtor (delegee).

Article 6.121. Effects of invalidity of a contract of delegation of debt

1. If a contract of delegation of debt is declared null and void, the obligations of the initial creditor, likewise all his accessory rights and responsibilities arising therefrom shall be restored; though the rights of third persons in good faith shall be retained.

2. The creditor shall have the right to claim against the person who has assumed the debt (delegee) compensation of damages resulting from the invalidity of contract of delegation of debt, except in the instances where the invalidity of that contract and the resulting damages were not conditioned by the delegee's fault.

Article 6.122. Assumption of property or a legal person

1. A person who has assumed property or an enterprise with its assets and liabilities shall also assume the rights and obligations connected with the property assumed.

2. Assumption of obligations in the cases of reorganisation of a legal person shall be regulated by the provisions of Book 2 of this Code.

CHAPTER IX

EXTINCTION OF OBLIGATIONS

SECTION ONE

GENERAL PROVISIONS OF EXTINCTION OF OBLIGATIONS

Article 6.123. Extinction of an obligation by performance

1. An obligation shall be extinguished by its proper performance. It shall likewise be extinguished where a creditor has accepted the performance of a different kind in substitution for the one originally called for.

2. After the acceptance of performance by the creditor, the burden of proof of non-performance or the improper performance thereof shall fall on the creditor.

3. Extinction of an obligation by a proper performance entails termination of all accessory rights and liabilities arising from this obligation.

Article 6.124. Extinction of an obligation by the expiry of a resolutory time-limit

An obligation shall be extinguished by the expiry of a resolutory time-limit which is a condition for the termination of the obligation.

Article 6.125. Extinction of an obligation by the agreement of parties

1. An obligation may be extinguished partly or in whole by the agreement of the parties thereof. Such agreement may be concluded in any form, except in cases where its obligatory written or notary form is established for the arising of the obligation.

2. An obligation may be extinguished by a unilateral statement of the party to the obligation only in cases provided for in laws or a contract.

Article 6.126. Extinction of an obligation by confusion

1. An obligation shall be extinguished where the qualities of creditor and debtor are united in the same person.

2. Where confusion ceases to exist, the obligation shall be restored unless it has been extinguished upon other grounds.

3. The confusion of the qualities of the parties to the obligation shall not affect the rights of third persons.

4. An obligation cannot extinguish by confusion if the claim and the debt are related with separate and unconnected property.

5. In the event of suretyship, confusion of the qualities of creditor and debtor shall result in the extinction of the suretyship.

6. Confusion of the qualities of surety and creditor, or of surety and principal debtor shall not be the grounds for the extinction of the principal obligation.

7. Confusion of the qualities of creditor and one of the solidary debtors, or of debtor and one of the solidary creditors shall be the grounds for the extinction of the obligation only to the extent of the share of that solidary debtor or solidary creditor.

8. A pledge (hypothec) shall be extinguished by confusion of qualities of hypothecary creditor and the owner of the pledged property. Nevertheless, if a creditor is evicted for a cause which is not imputable to him, the pledge (hypothec) shall revive.

Article 6.127. Extinction of an obligation by impossibility of its performance

1. An obligation shall be extinguished when its performance becomes impossible as a consequence of superior force which is not imputable to the debtor. An obligation shall extinguish upon these grounds only in that event if the superior force arose before the obligation was violated by the debtor. The burden of proof of a superior force shall fall on the debtor. In the event where the performance was rendered impossible only in part, the debtor shall be discharged from the obligation upon performing that part whose performance is still possible.

2. In the event indicated in Paragraph 1 of this Article, the debtor in a bilateral contract who has been released by impossibility of performance shall be bound to return all the benefits which he has received from the other party, and he shall have no right to claim performance of the remaining part of the unperformed obligation of the creditor in accordance with the contract.

3. If the performance of the obligation has become impossible by reason of unlawful acts of institutions of the state authority or a local self-government, the parties may claim for compensation of damages from the state or the municipality budget. When such act is annulled, the obligation shall revive unless otherwise conditioned by the contract of the parties or the essence of the obligation, or the creditor has already lost interest therein.

Article 6.128. Extinction of an obligation upon the death of a natural person or liquidation of a legal person

1. An obligation shall be extinguished upon the death of a debtor if it cannot be performed without the participation of the debtor himself, or if it is in any other way inseparably connected with the person of the debtor.

2. An obligation shall be extinguished upon the death of a creditor where the performance of the obligation was assigned to the creditor personally, or where it is in any other way inseparably connected with the person of the creditor.

3. An obligation shall be extinguished upon the liquidation of a legal person (a creditor or a debtor) except where it is stipulated by laws that the obligation must be performed by other persons.

Article 6.129. Release of a debtor from the performance of an obligation

1. An obligation shall be extinguished by release where the creditor releases his debtor from performance of his obligation, or declares not-existence of the obligation if such release does not violate the rights of third persons towards the property of the creditor.

2. Release must be expressed in a clear and in unequivocal manner. Release may be onerous or gratuitous.

3. Release shall be complete unless clearly stipulated by the creditor to be partial.

4. A creditor shall be presumed to grant a debtor release of the debt where the creditor voluntarily surrenders the document evidencing the debt to the debtor unless the circumstances indicate that the document evidencing the debt has been surrendered to the debtor after he has performed the obligation.

5. The creditor’s offer addressed to the debtor regarding the latter’s onerous release from performance of an obligation shall be considered accepted if it is not rejected by the debtor immediately upon receipt.

6. In the event where an obligation is solidary, release granted to one of the solidary debtors shall release the other co-debtors only from the performance of the discharged person’s part. Express release granted by one of the solidary creditors to a debtor shall release the debtor only from the performance of that part in which the claim of that creditor can be brought.

7. Express renunciation of a pledge (hypothec) or any other kind of security of performance of obligation made by a creditor shall not constitute any grounds for acknowledging that the debtor has been released from performance of the principal obligation.

SECTION TWO

SET-OFF

Article 6.130. Extinction of an obligation by a set-off

1. An obligation shall be extinguished by a set-off of a counter-claim which is of the same kind and its time-limit has expired, or the time-limit of its performance is not fixed, or it is defined by the moment of a demand to perform the obligation.

2. A set-off or a refusal to make a set-off shall have no effect in respect of the rights acquired by a third person in good faith.

Article 6.131. Procedure of a set-off

1. Declaration of intention made by one party shall be sufficient for the effectuation of a set-off.

2. A set-off shall be effectuated by notifying about thereof the other party to the obligation. The notification shall be deemed of no effect where the set-off is made dependable upon a certain condition, or a time-limit established thereto.

3. Where the creditor possess documentary evidence of the debt issued by the debtor, the set-off shall be effected by inscribing the declaration of a set-off in the document and by remitting it to the debtor.

4. If a set-off does not cover the entire claim, or where the creditor still needs the documentary evidence of the debt to exercise his other rights, the creditor may retain the document with the inscription upon the set-off, though the creditor must also furnish the debtor with a written notice of the set-off.

Article 6.132. A time-limit of grace in a set-off

A period of grace granted to the debtor for payment of one of the debts shall not prevent the application of a set-off.

Article 6.133. A set-off when debts are not payable at the same place

1. The fact that the obligation must be performed in a different place shall not prevent the application of a set-off.

2. In the event indicated in Paragraph 1 of this Article, the party to the obligation who avails himself of the right of a set-off shall be obliged to compensate for the damages suffered by the other party as a consequence of the obligation not being performed at the place agreed.

Article 6.134. Prohibition to effect a set-off

1. The following cannot be set-off:

1) claims disputed within the judicial proceedings;

2) claims arising from a contract for the constitution of a life annuity;

3) claims the performance of which is connected with the person of a concrete creditor;

4) claims for damage suffered by reason of bodily injury or death;

5) claims against the state; though, the state may effect a set-off;

6) where the subject-matter of an obligation is property which is exempt from seizure;

7) other claims, in the cases established by laws.

2. A debtor shall not be entitled with the right of a set-off if he is bound to compensate for damages resulting from his actions performed with the intention to harm.

Article 6.135. Set-off in suretyship relations

1. A surety may refuse to satisfy the claim of the creditor if the principal debtor is entitled with the right of a set-off.

2. A surety shall have the right to effect a set-off for what the creditor owes to the principal debtor, i.e. by considering the relationships between the creditor and the debtor, but the principal debtor may not effect a set-off in the interrelations of the creditor and the surety, i.e. for what the creditor owes to the surety.

Article 6.136. A set-off in the case of assignment of claim

Where a claim is assigned, the debtor shall have the right to use for a set-off his claim against the previous creditor for the satisfaction of a claim of the new creditor (assignee) if the time-limit of the debtor's claim expired before the day when the notice about the assignment of the claim was received by him, or if the time-limit is not established, or if it is defined by the moment of a demand to perform the obligation, with the exception of cases provided for in Article 6.108 of this Code.

Article 6.137. A set-off in the case of a solidary obligation

1. A solidary debtor may not use a set-off for what the creditor owes to his co-debtor, except for the share of that co-debtor in the solidary debt.

2. A debtor (whether solidary or not) may not use a set-off against one of the solidary creditors for what another co-creditor owes him, except for the share of that co-creditor in the solidary debt.

Article 6.138. A set-off in the case of several debts

Where several debts are owed by one debtor to the same creditor, a set-off shall be effected by applying the rules of priority of imputation of payment established in Articles from 6.54 to 6.55 of this Code.

Article 6.139. A set-off in a contract concluded in favour of a third person

A person who has assumed an obligation in favour of a third person shall have no right to use his own claim against the other party to the obligation for a set-off to relieve himself.

Article 6.140. A set-off in the case of the debtor's insolvency

After a debtor has proved to be insolvent, the claims of the creditors may be used for a set-off even though they are not due unless otherwise provided for by laws.

SECTION THREE

NOVATION

Article 6.141. Concept of novation

1. An obligation shall be extinguished when the parties by their agreement substitute the existing obligation with a new obligation of different subject matter or different kind of performance (novation). Novation shall also be effected where a new debtor is substituted for the initial debtor who is discharged by the creditor. In such a case, novation may be effected without the consent of the initial debtor. Such conduct where by the effect of a new contract, a new creditor is substituted for the previous creditor towards whom the debtor is discharged shall likewise be considered novation.

2. Novation shall not be presumed, and the intention to effect it must be expressed clearly and unequivocally in all cases.

3. Novation shall be possible only if the original obligation is valid.

4. It shall be prohibited to apply novation for the obligations to compensate for damage incurred by reason of bodily injury or death, also for the obligations the performance of which is connected exceptionally with the person of the parties.

Article 6.142. Conduct that does not imply novation

Any extension or abridgement of the time-limit of performance of an obligation, the issuance or change of a document confirming the existence of the obligation, and any other accessory modifications of an obligation shall not be considered novation.

Article 6.143. Influence of novation upon accessory rights

1. Right of pledge (hypothec), also other accessory rights arising from the original obligation shall be extinguished by novation, except in the cases where the parties agree to preserve them.

2. If novation is made between the creditor and one of the solidary debtors with the effect of discharging from the performance of the obligation all other co-debtors, the right of pledge (hypothec) and other accessory rights arising from the original obligation may be retained only in respect of the property of the debtor who makes the new obligation (novation) with the creditor.

3. Where novation is effected by substituting a new debtor for the initial debtor who is discharged from the performance of the obligation, pledge (hypothec) by which the performance of the obligation is secured, may not be transferred to the property of the new debtor. Pledge (hypothec) attached to the property of the discharged initial debtor may be retained only with the consent of the initial debtor. In the event where a new debtor acquires from the initial debtor a thing, the rights to which are encumbranced by pledge (hypothec), the pledge (hypothec) shall be retained if the new debtor consents thereto.

Article 6.144. Other effects of novation

1. Where novation is effected by substituting a new debtor for the initial, the new debtor may not invoke against the creditor the defences which he could have raised against the initial debtor, nor the defences which the initial debtor had against the creditor. Though, the debtor may claim for the nullity of the transaction from which his obligation results.

2. In the event of novation of a creditor and a principal debtor, a surety of the debtor shall be released from the performance of the obligation.

3. An obligation shall not be extinguished upon the grounds provided for in Paragraph 2 of this Article if the creditor requires participation of the surety in the novation and the surety refuses.

CHAPTER X

RESTITUTION

Article 6.145. Grounds for restitution

1. Restitution shall take place where a person is bound to return to another person the property he has received either unlawfully or by error, or as a result of the transaction according to which the property has been received by him being annulled ab initio, or as a result of the obligation becoming impossible to perform because of a superior force.

2. In exceptional cases, the court may modify the mode of restitution or refuse restitution altogether where it would render undue and unfair aggravation for one party and, accordingly, undue advantage to the other party.

Article 6.146. Mode of restitution

Restitution shall be made in kind, except in the instances where this is impossible or it would cause serious inconveniences for the parties. In these cases, restitution shall be effectuated by payment in monetary equivalence.

Article 6.147. Estimation of monetary equivalence

1. Monetary equivalence shall be estimated according to prices that were valid at the time when the debtor received what he is liable to restore.

2. In the case of destruction or alienation of property subject to restitution, the person shall be bound to compensate for the value of the property which was at the time when the property was received, destroyed or alienated, or at the time of its restitution, taking in regard whichever value is the lowest. In the event of the person liable to make restitution being in bad faith, or where the restitution is due to his fault, he shall be bound to return the highest value of the property.

Article 6.148. Indemnity for the lost property

1. If the property is destroyed by a superior force, the restitution shall not be applied, though the debtor shall be bound to assign to the creditor the claim for indemnity for the lost property, or to deliver him the indemnity he has received for the destroyed property.

2. In the event where the debtor is in bad faith, or the restitution is due to his fault, he shall be bound to return the value of the property calculated in accordance with the rules provided in Paragraph 2 of Article 6.147 of this Code, except in the cases where the debtor proves that the property would have been destroyed even if it had been in the possession of the creditor.

Article 6.149. Partial destruction of the property

Where the property has suffered partial loss or any other depreciation in value, the debtor shall be bound to pay the creditor monetary equivalence of such partial loss or to indemnify the depreciation in value of the property unless it results from normal wear and tear of the property.

Article 6.150. Reimbursement for expenses incurred for the care of the property

Expenses for the care and custody of the property subject to restitution incurred by the person who is bound to return the property shall be indemnified in accordance with the provisions of Book Four of this Code applicable in respect of possessors in good faith and possessors in bad faith.

Article 6.151. Restoration of fruits and revenues

1. The fruits and revenues of the property subject to restitution shall belong to the person bound to make restitution. This person shall bear all the expenses incurred in the production of those fruits and revenues.

2. In the event where the person bound to make restitution is in bad faith, or if the restitution is due to his fault, he shall be obliged to return the fruits and revenues also to indemnify the creditor for any benefit he has derived from the property. Nevertheless, the creditor must compensate to such person for the necessary expenses incurred by him in producing the fruits and revenues.

Article 6.152. Costs of restitution

1. Costs of restitution shall be borne by both parties in equal shares unless they have agreed otherwise.

2. In the event where one party is in bad faith, or the restitution is due to his fault, all costs of restitution shall be borne by that party alone.

Article 6.153. Effect of restitution on third persons

1. Third persons in good faith who in accordance with a transaction of alienation by onerous title acquire property subject to restitution shall be able to invoke this transaction against a person who claims for restitution.

2. Third persons in good faith who in accordance with a transaction of alienation by gratuitous title acquire property subject to restitution shall not be able to invoke this transaction against a person who claims for restitution if the time-limit of prescription is not exceeded by the latter.

3. Any other actions performed in favour of a third person in good faith may be invoked against a person who claims for restitution.

PART II

CONTRACT LAW

CHAPTER XI

GENERAL PROVISIONS

Article 6.154. Concept of a contract

1. A contract is an agreement of two or more persons to establish, modify or extinguish legal relationships by which one or several persons obligate themselves to one or several other persons to perform certain actions (or to refrain from performing certain actions) while the latter persons obtain the right of claim.

2. Contracts shall be subject to the norms of this Code that regulate bilateral and multilateral transactions.

3. Unless any exceptions from general rules are established by norms regulating contractual relationships, the provisions of Part I of this Book that regulate general questions of law of obligations shall likewise apply to contracts.

Article 6.155. Limits of application

1. General rules of contract law provided for in this Chapter shall apply to all contracts taking regard of their nature.

2. Special rules for certain contracts may also be established by other laws of the Republic of Lithuania.

Article 6.156. Principle of freedom of contract

1.The parties shall be free to enter into contracts and determine their mutual rights and duties at their own discretion; the parties may also conclude other contracts that are not established by this Code if this does not contradict laws.

2. It shall be prohibited to compel another person to conclude a contract, except in cases when the duty to enter into a contract is established by laws or a free-will engagement.

3. The parties may form a contract which contains elements of contracts of several classes. Such contract shall be governed by norms regulating the separate classes of contracts unless otherwise provided for by the agreement of the parties, or this contradicts the essence of the contract.

4. The conditions of a contract shall be established by the parties at their own discretion, except in the cases where certain conditions of a contract are determined by the mandatory rules of law.

5. Where the conditions of a contract are established by a non-mandatory law rule, the parties may agree on non-application of these conditions, or they may agree on any other conditions. If the parties do not enter into such agreement, the conditions of the contract shall be determined in accordance with the non-mandatory norm.

6. Where some conditions of a contract are regulated neither by laws nor by agreement of the parties, in the case of a dispute such conditions shall be determined by a court on the basis of usages, principles of justice, reasonableness and good faith, also by application of analogy of statutes and the law.

Article 6.157. Mandatory rules of law and a contract

1. The parties themselves may not agree on modification, restriction or abrogation of an effect or application of the mandatory rules of law, irrespective of by what law – national or international – these norms are determined.

2. Modification of the norms of law of mandatory character adopted after the conclusion of the contract shall not affect the conditions of the contract.

Article 6.158. Good faith and fair dealing

1. Each party of a contract shall be obliged to act in accordance with good faith in their contractual relationships.

2. The parties may not change or exclude by their agreement the duty established in Paragraph 1 of this Article.

Article 6.159. Elements of contract

The following elements shall be sufficient to render a contract valid: an agreement of legally capable parties, and, when prescribed by laws, also a form of a contract.

Article 6.160. Classes of contracts

1. Contracts may be unilateral and bilateral, onerous and gratuitous, consensual and real, contracts of successive performance and of instantaneous performance, consumer contracts and others.

2. According to the manner of their conclusion, contracts are divided into contracts by mutual agreement and contracts of adhesion.

3. According to the definiteness of advantages that the parties obtain, contracts are divided into aleatory (where receiving of advantages and the amount of the obligation of the parties is uncertain and dependant on occurrence or non-occurrence of a certain event) and commutative contracts (where the advantages and the extent of the advantages obtained by the parties are certain and determinate at the time when the contract is formed).

Article 6.161. Public contract

1. A public contract is a contract concluded by a legal person (businessman) that renders services or sells goods to an indefinite number of persons, i.e. to everyone who makes a request (enterprises of transport, communications, electricity, heating, gas, water supply and others).

2. In rendering services or selling goods, any legal person (businessman) shall be bound to enter into contracts with every person who applies for those services, with the exception of cases approved in accordance with the procedure established by laws.

3. When concluding public contracts, a legal person (businessman) may not privilege one or another person, except in cases provided for by the law.

4. Prices and other conditions of goods and services under public contracts must be equal to all consumers of the same category, except in cases expressly provided for by laws where preferential conditions may be applied to the separate categories of consumers.

5. In the cases established by laws, a legal person (businessman) shall be obliged to submit standard conditions of a public contract to be approved by a relevant state institution. In the cases established by laws, public contracts may be concluded in accordance with standard conditions approved by the corresponding state institution and obligatory to both parties.

CHAPTER XII

FORMATION OF CONTRACTS

Article 6.162. Formation of a contract

1. A contract is concluded either by the proposal (offer) and the assent (acceptance) or by any other actions of the parties that are sufficient to show their agreement.

2. Where the parties agree on all essential conditions of a contract, the contract shall be effective, even though the parties have reserved an agreement as to secondary conditions. If the parties do not reach their agreement on the secondary conditions, the dispute may be resolved within the judicial proceedings taking regard to the nature of the contract, non-mandatory norms, usages, the principles of justice, reasonableness and good faith.

Article 6.163. Obligations of parties in pre-contractual relationships

1. In the course of pre-contractual relationships, parties shall conduct themselves in accordance with good faith.

2. Parties shall be free to begin negotiations and negotiate, and shall not be liable for failure to reach an agreement.

3. A party who begins negotiations or negotiates in bad faith shall be liable for the damages caused to the other party. It shall be considered bad faith for a party to enter into negotiations or continue them without intending to reach an agreement with the other party, likewise any other actions that do not conform to the criteria of good faith.

4. The parties shall be bound to disclose to each other the information they have and which is of essential importance for the conclusion of a contract.

Article 6.164. Duty of confidentiality

1. Where in the course of negotiations one party furnishes the other with confidential information, the party that has learned or received such information shall be under the duty not to disclose it, or use it unlawfully for his own purposes, irrespective of whether a contract is subsequently concluded or not. The breach of confidentiality inflicts liability of the faulty party in damages suffered by the injured party.

2. In such cases, the minimal amount of recoverable damages shall consist of monetary expression of benefit received.

Article 6.165. Preliminary contract

1. A preliminary contract is an agreement of parties by which they obligate themselves to conclude another – principal – contract in future under the conditions negotiated in the agreement.

2. A preliminary contract must be made in writing. A preliminary contract which fails to meet the required conditions of its form shall be null and void.

3. In the preliminary contract, the parties shall be obliged to establish a time-limit within which the principal contract must be formed. In the event where such time-limit is not established in the preliminary contract, the principal contract must be formed within one year from the date of the conclusion of the preliminary contract.

4. If after conclusion of the preliminary contract, a party without due grounds avoids or refuses to enter into a principal contract, he shall be bound to compensate to the other party for damages inflicted.

5. In the event where the parties fail to form a principal contract within the time-limit determined in the preliminary contract, the obligation to form that contract shall be extinguished.

Article 6.166. Presumption of knowledge

An offer, acceptance, their revocation or any other declaration addressed to a given person shall be presumed to become known to him at the moment when they reach the place of residence or business (head office) of that person unless the latter proves that not due to his fault or that of his employees it was impossible for him to receive the notice thereof.

Article 6.167. Definition of an offer

1. A proposal for concluding a contract shall be deemed to be an offer if it is sufficiently definite and indicates the intention of the offeror to be restricted in his rights by a contract and to be bound in the case of acceptance.

2. An offer may be addressed to a definite person or to an indeterminate number of persons (offer to public).

Article 6.168. Effect of an offer

1. An offer shall become effective when received by the offeree.

2. An offer, even if it is irrevocable, may be revoked by the offeror if the notice on the revocation reaches the offeree before or at the same time as the offer.

Article 6.169. Revocation of an offer

1. Until a contract is concluded, an offer may be revoked if the revocation reaches the offeree before he has dispatched the acceptance.

2. Nevertheless, an offer cannot be revoked if:

1) it is indicated therein, whether by stating a fixed time-limit for acceptance or otherwise, that it is irrevocable;

2) there were reasonable grounds for the offeree to rely on the offer as being irrevocable, and he acted accordingly.

Article 6.170. Termination of an offer

An offer loses its effect when the notice on its rejection reaches the offeror, or no reply to the offer is received within the time-limit established.

Article 6.171. Offer to public

1.An offer to the public is a proposal for concluding a contract where such proposal is addressed to everyone, also the display of goods with the indicated prices on the shelves in a shop or in the shop window, or a promise to pay for the performance of certain actions.

2. Revocation of an offer to the public, if made in the same form as the offer, shall extinguish the offer even though not all persons who are aware of the offer have received the notice on the revocation.

3. Price-lists, prospectuses with prices, priced catalogues, tariffs and other information materials shall not be considered offer to the public unless there are exception established by laws.

Article 6.172. Death, bankruptcy, liquidation or incapacity of an offeror or an offeree

The death, bankruptcy, liquidation or incapacity of the offeror or the offeree shall render an offer to conclude a contract invalid if these events occur before acceptance is received by the offeror.

Article 6.173. Acceptance and its forms

1. A statement made by the offeree or any other conduct thereof indicating assent to the offer shall be considered acceptance. Silence or inactivity per se shall not imply acceptance of an offer.

2. An acceptance of an offer becomes effective when it reaches the offeror.

3. If by virtue of the offer, or as a result of practices which the parties have established between themselves, or of existing usages, the possibility to accept an offer without notice to the offeror (by silence or by performing factual actions) is foreseen, the acceptance shall be legally effective from the moment when certain actions expressing the will of the offeree are performed.

Article 6.174. Period of acceptance

1. An offer must be accepted within the time-limit fixed by the offeror, in the event where no time-limit is fixed, within reasonable time having in regard concrete circumstances, including the capacities of the means of communication used by the parties.

2. An oral offer must be accepted immediately unless, taking into account concrete circumstances, a different conclusion may be made.

Article 6.175. Acceptance within a fixed time-limit

1. The time-limit for acceptance indicated by the offeror in his telegram or a letter begins to run from the moment the telegram is handed in for dispach, or from the date written on the letter, or if no date is indicated, from the date shown on the envelope. A time-limit for acceptance indicated by the offeror by means of telecommunication terminal equipment begins to run from the moment when the offer reaches the offeree.

2. Official holidays or non-working days shall be included in calculating the time-limit established for acceptance. However, if a notice of acceptance cannot be delivered to the offeror because the last day of the time-limit falls on an official holiday or a non-working day, the period shall be extended until the first working day thereafter.

Article 6.176. Late acceptance

1. A late acceptance shall be effective if the offeror without delay informs about it the offeree or sends him a notice to that effect.

2. If it is possible to be established from a letter or any other written notice containing a late acceptance that it was sent in time, and if under normal circumstances it would have reached the offeror in due time, the late acceptance shall be deemed to be effective unless the offeror without delay informs the offeree that his offer has been extinguished.

Article 6.177. Revocation of acceptance

An acceptance shall become invalid if the notice on revocation reaches the offeror before or at the same time as the acceptance becomes effective.

Article 6.178. Modified acceptance

1. A reply to an offer which contains additions, limitations or other modifications of conditions determined in the offer shall be considered a rejection of the offer and constitute a counter-offer.

2. A reply to an offer which purports to be an acceptance but contains additional or different conditions which do not alter the essence of the conditions of the offer shall constitute an acceptance if the offeror, after receiving the reply, does not immediately object to such discrepancy. If the offeror does not object, the contract shall be deemed to be concluded under the conditions of the offer with the modifications contained in the acceptance.

Article 6.179. Conflict of standard conditions

Where a contract is concluded by an interchange of standard conditions of a contract made between both parties, it shall be considered that the contract is concluded on the basis of standard conditions which are common in substance unless one party clearly indicates in advance his disagreement with the standard conditions proposed by the other party, or informs without delay the other party of his disagreement after the standard conditions are received by him.

Article 6.180. Written confirmation

If the written confirmation which is sent by a party within a reasonable time after the conclusion of the contract, and by which the fact of conclusion of the contract is confirmed contains additional or modified conditions, such conditions shall become part of the contract unless they alter the conditions of the contract essentially, or the recipient of such confirmation objects without delay to the amendments and supplements provided.

Article 6.181. Time and place of contract forming

1. A contract shall be considered formed at the moment when the acceptance of the offeree to conclude the contract reaches the offeror unless it is otherwise provided for by the contract.

2. The place of contract forming shall be considered the place where the offeror's residence or his business is located unless otherwise provided for by laws or the contract.

3. Where in the course of negotiations one of the parties declares that he will not consider the contract concluded until it is agreed upon specific conditions, or the agreement is correspondingly formalised, no contract shall be concluded before the agreement of parties is reached on those conditions or in that form.

4. Where a particular form is required by the law as a necessary condition of a contract, the contract shall be deemed to be formed from the moment when the agreement of the parties is expressed in that form.

5. Where a transfer of a property is required in accordance with the law or the agreement of the parties as a necessary condition of a contract, the contract shall be considered formed from the moment when the relevant property is transferred.

Article 6.182. Contract with conditions left open

1. The fact that the parties in the course of conclusion of a contract intentionally leave certain conditions to be agreed upon in future negotiations, or mandate them to be determined by third persons shall not prevent contractual relationships from coming into existence.

2. The validity of a contract shall not be affected by the fact that subsequently the parties reached no agreement on the conditions foreseen in Paragraph 1 of this Article, or the third persons failed to determine them, provided that there are other (alternative) means or ways of rendering those conditions definite.

Article 6.183. A modification clause

1. A contract formed in writing which contains a clause requiring any modification, supplementation or dissolution of the contract to be made only in writing cannot be otherwise modified, supplemented or dissolved.

2. A party may be precluded by its conduct from invoking the clause established in Paragraph 1of this Article to the extent that the other party has acted in reliance on that conduct.

3. A contract concluded in the notarial form may be dissolved, modified or supplemented only in the notarial form.

Article 6.184. Peculiarities of conclusion of public contracts

1. When in accordance with laws the conclusion of a contract is obligatory for the party to whom the offer was sent, this party shall be obliged within 14 days from the receipt of the offer to send to the other party a notification upon acceptance or rejection of the offer, or acceptance thereof on other conditions (protocol of disagreements).

2. A party who has sent an offer and received a notification of its acceptance with the protocol of disagreements shall be obliged either to accept the conditions indicated in the notification of acceptance, or to apply to the court for the resolution of the dispute within 14 days from the date of receipt of the protocol of disagreements.

3. If in accordance with the laws the conclusion of a contract is obligatory for the party who has sent an offer, this party shall be obliged within 14 days from the date of receipt of the protocol of disagreements to notify the other party about acceptance of the conditions indicated in the protocol or about a rejection thereof. In the event where the conditions indicated in the protocol of disagreements are rejected by the party who has received the protocol, or in the event of the latter’s failure to respond within the established period, the party who sent the protocol of disagreements shall have the right to apply to a court for a resolution of the dispute.

4. If the party for whom conclusion of a contract is obligatory evades the conclusion thereof, the other party shall have the right to apply to a court with a request to obligate the evading party to conclude a contract and compensate for damages caused by the evading.

5. The time-limits provided for by Paragraphs 1, 2 and 3 of this Article shall apply unless other time-limits have been established by laws or have agreed by the parties.

Article 6.185. Standard conditions of contracts

1. Standard conditions shall be such provisions which are prepared in advance for general and repeated use by one contracting party without their content being negotiated with the another party, and which are used in the formation of contracts without negotiation with the other party.

2. Standard conditions prepared by one of the parties shall be binding to the other if the latter was provided with an adequate opportunity of getting acquainted with the said conditions.

3. In the event where both parties to a contract are enterprises (businessmen), it shall be considered that the other party was provided with the opportunity referred to in Paragraph 2 of this Article if:

1) the party who prepared the standard conditions delivered thereof in written form to the other party before or at the time of signing the contract;

2) the party who prepared the standard conditions informed the other party before the signing of the contract that the contract would be formed in accordance with standard conditions which were accessible to the other party in the place indicated by the party who prepared the standard conditions;

3) a copy of standard conditions was offered to be sent to the other party if requested.

Article 6.186. Surprising standard conditions of contracts

1. No surprising condition contained in a standard condition contract, i.e. such condition that the other party could not reasonably expect to be included in the contract, shall be effective. Standard condition shall not be considered surprising if they were expressly accepted by the party when they were duly disclosed thereto.

2. In determining whether a condition is of surprising character, regard must be taken of its content, wording and form of expression.

3. A party who enters into a contract of adhesion where the standard conditions are drawn up by the other party shall have the right to claim for dissolution or modification of that contract in the event where, even though the standard conditions of the contract are not contrary to the law, they exclude the party's rights and possibilities that are commonly granted in a contract of that particular class, or exclude or limit civil liability of the party who prepared the standard conditions, or establish other provisions which violate the principle of equality of parties, cause imbalance in the parties' interests, or are contrary to the criteria of reasonableness, good faith and justice.

Article 6.187. Conflict between standard conditions and non-standard conditions

In the event of conflict between standard conditions and non-standard conditions, preference shall be given to the latter, i.e. to those which have been individually negotiated by the parties.

Article 6.188. Peculiarities of conditions in consumer contracts

1. A consumer shall have the right to claim within the judicial procedure for invalidity of conditions in a consumer contract that are contrary to the criterion of good faith.

2. Conditions of a consumer contract which have not been individually negotiated shall be regarded as unfair if they cause a significant imbalance in the parties' rights and duties to the detriment of consumer rights and interests, i.e. the conditions which:

1) exclude or limit the civil liability of a seller or service supplier for damage caused by the death of a consumer or impairment of his health, likewise for the damage caused to his property;

2) exclude or limit the rights of a consumer vis-à-vis a seller, service supplier or another party in the event of total or partial non-performance or improper performance by the seller or service supplier of any of the contractual obligations;

3) make contractual conditions binding on the consumer whereas contractual obligations of the seller or service supplier are subject to other conditions, the realisation of which depends solely on the latter's own will;

4) permit the seller or service supplier to retain sums paid by the consumer where the latter decides not to conclude a contract or refuses to perform it without providing for any rights of the consumer to receive in compensation the sums of the same amount from the seller or service supplier when they unilaterally dissolve the contract;

5) establish a disproportionately high civil liability of the consumer who fails to fulfil his obligation or fulfils it improperly;

6) authorise the seller or service supplier to dissolve the contract unilaterally or rescind it at any time, and no adequate facility is granted to the consumer, or provide the seller or service supplier with the right not to compensate the consumer for the amounts received therefrom before the performance of the contract in the event where the seller or service supplier unilaterally dissolve or rescind the contract;

7) enable the seller or service supplier to dissolve an indeterminate contract without any reasonable grounds without due notification of the consumer about such dissolution;

8) entitle the seller or service supplier with the right to unilaterally extend a fixed-term contract automatically, or establish unreasonably short time-limit for the consumer to express his opinion upon the extension of the contract, or set forth a requirement for the consumer to express his assent or dissent upon the extending of the contract unreasonably early;

9) irrevocably bind the consumer to the conditions with which he had no real opportunity of becoming acquainted before the conclusion of the contract;

10) enable the seller or service supplier to alter the conditions of the contract unilaterally without there being any contractual or sufficient grounds;

11) enable the seller or service supplier unilaterally and without any sufficient grounds to modify any characteristics of the good or services to be provided;

12) entitle the seller or service supplier with the right to unilaterally determine the prices of goods and services at the time of their provision, or allow the seller of goods or supplier of services to unilaterally increase the price without providing the consumer with the right to cancel the contract in the case where the final price is higher than that stipulated in the contract. This provision shall not apply for contracts in respect of securities or other financial documents, or for contracts on alienation of things or provision of services where the price is dependent upon the fluctuation of exchange rates or indexes on the exchange, and is beyond the control of the seller or service supplier, likewise for purchase-sale contracts for foreign currencies, travellers cheques or international money orders expressed in a foreign currency;

13) entitle the seller or service supplier with the right to unilaterally determine whether the goods supplied or services rendered are in conformity with the requirements of the contract;

14) provide the seller or service supplier with the exclusive right to interpret the contract;

15) limit the duty of the seller or service supplier to perform obligations undertaken by their agents, or render such obligation subject to compliance with a particular formality;

16) obligate the consumer to fulfil all his obligations to the seller or service supplier even in the event of total or partial non-performance by the seller or service supplier of their own obligations;

17) provide the seller or service supplier with the right of transferring their rights and obligations under the contract without the consumer's consent, where such transferring may reduce the guarantees for the consumer;

18) exclude or hinder the consumer's right to bring action or exercise any other remedy (by requiring the consumer to take disputes exclusively to arbitration, restricting the use of evidence, by imposing on him the burden of proof, etc.).

3. Any other conditions of a consumer contract may be acknowledged by a court unfair if they conform to the criteria established in Paragraphs 1 and 2 of this Article.

4. Pursuant to Paragraphs 1 and 2 of this Article, such conditions shall be considered as not having been individually negotiated where the consumer is deprived of the possibility to influence the process of their preparation, in particular where such conditions are determined in advance in the standard contract prepared by the seller or service supplier. In the event where certain conditions in the contract prepared in advance were individually negotiated, the provisions established in the present Article shall apply to other conditions of such contract. The burden of proof that such conditions were individually negotiated shall rest upon the seller or service supplier.

5. The assessment whether a condition of a contract is unfair shall be effectuated taking in regard the nature of the goods and services stipulated in the contract, as well as other circumstances which existed at the time of contract forming and exerted influence thereupon, likewise any other conditions of that contract or those of other contract it depends upon. The conditions which define the subject-matter of a contract, likewise those related with the conformity between the good sold or a service rendered and the price thereof ought not to be subjected to assessment from the point of view of unfairness (i.e. the provisions of Paragraphs 1 and 2 of this Article ought not to be applied) where they are expressed clearly and understandably.

6. Any written condition of a consumer contract must be expressed clearly and understandably. In the event of doubt over the conditions of a contract, the rule of the interpretation of contracts, laid down in paragraph 4 of Article 6.193 of this Code shall apply. This rule shall not apply in the case of consumer collective redress, when prohibition of the use of the drawn-up standard conditions of contracts is sought.

7. In the event where a court acknowledges a certain condition (conditions) of a contract not fair, it shall have no effect from the moment when the contract was formed while the remaining conditions of the contract shall continue to be binding on the parties, providing that a further performance of the contract is still possible after the elimination of the unfair condition.

8. The consumer whose interests are violated by the application of unfair conditions shall be entitled to apply also to institutions for the protection of consumer rights.

9. The institutions for the protection of consumer rights shall be entitled within the procedure established by laws to effectuate control over the standard conditions of contracts and challenge unfair conditions in the consumer contracts.

CHAPTER XIII

EFFECTS AND FORM OF CONTRACTS

Article 6.189. Effects of a contract

1. A contract which is formed in accordance with the provisions of laws and is valid shall have the force of law between its parties. The contract shall bind the parties not only as to what it expressly provides, but also to all the consequences deriving from its nature or determined by laws.

2. The parties may agree that the contract shall apply to their relationships arisen before that contract was concluded.

3. It may be established by the contract or laws that the obligations of the parties under the contract shall be extinguished by the expiration of the time-limit allotted for the validity of the contract.

4. The expiry of the time-limit of validity of a contract shall not discharge the parties from civil liability for a breach of that contract.

Article 6.190. Effects of contracts with respect to third persons

1.Upon the death or liquidation of one of the parties, the rights and duties arising from a contract shall pass to his heirs (successors) if it is permitted by the nature of the contract, laws, or the contract itself.

2. If one of the contracting parties by a contract made in his own name promises that a third person will undertake to perform an obligation or any other action, in the event where the third person fails to perform the obligation or any other action as promised, the contracting party – the promisor – shall himself be bound to perform the obligation or any other action agreed, and to compensate for damages suffered by the other contracting party.

Article 6.191. Contract in favour of a third person

1. If a contracting party has made a stipulation in a contract for the benefit of a third person, the stipulation shall give both the contracting party and the third person beneficiary the right to demand performance of the agreed obligation unless otherwise provided for by laws or contract, or appears from the essence of the obligation.

2. In the case of the refusal by the third person to avail himself of the stipulation, the stipulator himself may exercise this right if it is in compliance with laws or the contract and does not contradict the essence of the obligation.

3. The stipulation for the benefit of a third person may be revoked by the stipulator as long as the third person beneficiary has not declared of his assent to accept it.

4. If the performance is to be made to a third person only after the death of the stipulator, the latter can revoke the benefit by a testament (will).

5. A contracting party who is bound to perform an obligation shall be able to set up against the third person beneficiary such defences as he could have set up against the stipulator.

Article 6.192. Form of a contract

1. The provisions of Articles from 1.71 to 1.77 of this Code regulating the form of transactions shall apply in respect of the form of a contract.

2. Where in accordance with the law or agreement of the parties a contract must be formed in a simple written form, it may be made either by drawing up one document signed by the parties, or by means of the parties exchanging written communication, telegrams, telephone messages, facsimile communication or any other information transmitted over communication terminal equipment, providing the protection of the text is guaranteed and the signature of the sending party can be identified.

3. A contract may be formed by the acceptance of an order to be carried out.

4. Amendments and supplements of a contract must be made in the form in which the contract had to be made, except in the cases where it is otherwise established by laws or the contract.

5. If the parties have agreed to adopt a specified form for a contract under conclusion, the contract shall be deemed concluded only where it conforms to the form agreed, even though pursuant to the laws such form is not mandatory for the contracts of that concrete class.

CHAPTER XIV

INTERPRETATION OF CONTRACTS

Article 6.193. Rules of the interpretation of contracts

1. A contract must be interpreted in accordance with good faith. In interpreting a contract, it shall be necessary to seek for the real intentions of the parties without being limited by the literal meaning of the words. In the event where the real intentions of the parties cannot be established, the contract must be interpreted in accordance with the meaning that could be attributed in the same circumstances by reasonable persons in the corresponding position as the parties.

2. All conditions of a contract shall be interpreted taking into account their interrelation, the nature and purpose of the contract, and the circumstances under which it was formed. In interpreting a contract, regard must also be taken of the ordinary conditions, irrespective of their expression in the contract.

3. In the event of doubt over notions which may have several meanings, these notions must be understood in the sense most suitable to the nature, essence and subject-matter of the contract.

4. In the event of doubt over conditions of a contract, they shall be interpreted against the contracting party that has suggested thereof, and in favour of the party that accepted those conditions. In all cases, the conditions of a contract shall be interpreted in favour of consumers and the adhering party.

5. In interpreting a contract, regard must also be taken of the preliminary negotiations between the parties, practices which the parties have established between themselves, the conduct of the parties subsequent to the conclusion of the contract, and the existing usages.

Article 6.194. Linguistic discrepancies

Where a contract is drawn up in two or more languages and all the language versions are of the equal legal power, in case of discrepancy between the language versions, preference shall be given to the version which was the first to be drawn up.

Article 6.195. Filling in gaps of a contract

Where the parties have left without being discussed certain conditions, which are necessary for the performance of a contract, such gaps in the contract upon the demand of one of the parties may be eliminated by a court in determining appropriate conditions by taking in regard non-mandatory legal norms, the intentions of the parties, the purpose and essence of the contract, the criteria of good faith, reasonableness and justice.

CHAPTER XV

CONTENT OF CONTRACTS

Article 6.196. Kinds of conditions of a contract

1. The conditions of the parties may be express or implied.

2. The implied conditions shall follow from the essence and purpose of the contract, the nature of relationships established between the parties, the criteria of good faith, reasonableness and justice.

Article 6.197. Quality of performance of a contract

Where the quality of performance is determined neither by the contract nor by the law, the quality of performance must fall with a quality that is reasonable and not lower than average in the concrete circumstances.

Article 6.198. Price of a contract

1.Where a contract does not fix the price or establish an order for determining the price, the parties shall be considered, in the absence of any indication to the contrary, to have made reference to the price commonly charged at the moment of the conclusion of the contract for such performance in comparable circumstances in the sphere of business concerned, or if such price does not exist, to a reasonable price.

2. In the event where the price must be determined by one party, and such determination is manifestly unreasonable, it must be substituted by a reasonable price regardless of any other agreement of the parties.

3. If the price must be fixed by a third person, and if that person does not or cannot do so, the price of the contract shall be deemed to be a reasonable price.

4. Where the price is to be fixed by reference to the criteria which do not exist or have ceased to exist, or cannot be ascertained, it must be fixed every year and by reference to the criteria which are the nearest equivalent.

Article 6.199. Contract for an indefinite period

A contract for an indefinite period may be cancelled by either party, provided the party gives notice about his intention to dissolve the contract to the other party a reasonable time in advance unless otherwise provided for by laws or a contract.

CHAPTER XVI

PERFORMANCE OF CONTRACTS

Article 6.200. Principles of performance of a contract

1. A contract must be performed by the parties in a proper way and in good faith.

2. In performing a contract, each party shall be bound to contribute to and to cooperate with the other party.

3. The parties shall be bound to use the most economical means in the performance of the contract.

4. Where according to a contract or its nature, a party in exercising certain actions is bound to make the best effort in the performance of a contract, this party shall be bound to make such effort as a reasonable person would make in the same circumstances.

Article 6.201. Order of performance of a contract

The parties shall be bound to perform the contract simultaneously unless otherwise provided for by laws or the contract, or determined by its nature or circumstances.

Article 6.202. Permission of a state institution

1. Where certain laws require a permission of a relevant state institution affecting the validity of the contract or its performance, and where the law or the contract does not indicate otherwise, the measures necessary to obtain the permission must be taken by the party situated in the state, the laws of which provide for such permission.

2. Where the permission indicated in the preceding Paragraph of this Article is required by the laws of the Republic of Lithuania and both parties are situated in Lithuania, the permission must be obtained by the party whose obligation to obtain it is established by the law, except in cases where the law does not establish thereof. In such event, the parties shall be bound to agree by which of them the permission must be obtained.

3. The contracting party shall be obliged to obtain the required permission or permissions in due time. Expenses of performance of the duty to obtain the obligatory permission shall be borne by the party under this duty unless otherwise established by the contract. This party shall also be bound to give without delay the other party notice of the granting or refusal of the permission.

Article 6.203. Refusal to grant permission

1.If, notwithstanding the fact that the party has taken all measures necessary, permission is neither granted nor refused within the established period, or, where no period has been agreed, within a reasonable time, the parties shall have the right to dissolve the contract.

2. In the event where the obligatory permission affects only some conditions of a contract, Paragraph 1 of this Article shall not apply if it is reasonable to uphold in force the remaining conditions of the contract.

3. A refusal to grant a permission affecting the validity of the contract shall cause nullity of that contract. Where the refusal affects the validity of some conditions only, the remaining part of the contract shall be in force if the contract would anyway have been formed even without the invalid conditions.

Article 6.204. Performance of contractual obligations upon a change of circumstances.

1.Where the performance of a contract becomes more onerous for one of the parties, this party shall be bound to perform the contract in accordance with the procedure established in other Paragraphs of this Article.

2. The performance of a contract shall be considered obstructed under such circumstances which fundamentally alter the balance of the contractual obligations, i.e. either the cost of performance has essentially increased, or the value thereof has essentially diminished if:

1) these circumstances occur or become known to the aggrieved party after the conclusion of the contract;

2) these circumstances could not reasonably have been foreseen by the aggrieved party at the time of the conclusion of the contract;

3) these circumstances are beyond the control of the aggrieved party;

4) the risk of occurrence of these circumstances was not assumed by the aggrieved party.

3. In the event where the performance of a contract becomes obstructed, the aggrieved party shall have the right to make a request to the other party for the modification of the contract. Such request shall have to be made immediately after the occurrence of obstructions and the grounds on which the request is based indicated therein. The request for modification of the contract shall not in itself entitle the aggrieved party with the right to suspend performance of the contract. Where within a reasonable time the parties fail to reach an agreement on the modification of the contractual obligations, any of them may bring an action into a court. The court may:

1) dissolve the contract and establish the date and terms of its dissolution;

2) modify the conditions of the contract with a view to restoring the balance of the contractual obligations of the parties.

CHAPTER XVII

LEGAL EFFECTS OF NON-PERFORMANCE OF CONTRACTS

Article 6.205. Non-performance or defective performance of a contract

Non-performance of a contract shall be failure to perform any of the obligations arising from the contract, including defective performance and delay of a time-limit of performance.

Article 6.206. Actions of the other party

One party may not rely on the non-performance of the other party to the extent where such non-performance was caused by the first party's actions or inactivity, or by any other event as to which the first party bears the risk.

Article 6.207. Suspension of performance of a contract

1. Where the parties are bound to perform a contract simultaneously, either party shall have the right to suspend performance until the other party begins to perform thereof.

2. Where the parties are bound to perform a contract consecutively, the party who is to perform later shall be able to suspend its performance until the first party has performed his obligations.

3. The parties shall be bound to exercise the right provided for in Paragraphs 1 and 2 of this Article in accordance with reasonableness and good faith.

Article 6.208. Elimination of defects of performance

1. The party failing to perform a contract may at its own expense eliminate any defects of performance if:

1) he gives notice without undue delay to the other party indicating the manner and time of elimination of defects;

2) the aggrieved party has no lawful interest in refusing elimination;

3) elimination is effected immediately;

4) elimination is appropriate in the concrete circumstances.

2. The right of elimination shall not be precluded by a declaration of the other party on the dissolution of the contract.

3. Upon effective notice of elimination, rights of the aggrieved party that are inconsistent with the performance of the contract shall be suspended until the expiry of the time-limit allotted for elimination.

4. The aggrieved party may suspend performance of his obligations until the defects of performance are eliminated by the other party, and may also claim compensation for damages.

5. The aggrieved party shall be bound to cooperate with the other party during the whole period of the elimination of defects.

Article 6.209. Additional period for performance of a contract

1. In the case of non-performance, the aggrieved party may establish in writing an additional period of time of a reasonable length for the performance and notify the other party about this establishment.

2. Having established an additional period for performance, the aggrieved party may suspend for this period the performance of his own obligations and claim compensation for damages, though he shall not be able to invoke any other remedy. If the aggrieved party receives notice from the other party that the latter will not perform his obligations within the additional period either, or if upon the expiry of that period the contract has not been performed, the aggrieved party shall be able to set up other remedies available to him.

3. In the event where delay in performance is not essential violation of a contract, and the aggrieved party has established an additional period of time of reasonable length for the performance, this party may dissolve the contract upon expiry of that period. If the additional period is unreasonably short, it must be extended up to a reasonable length. The aggrieved party may stipulate in his notice upon the additional period that in the case of failure on the part of the other party to perform the contract within the additional period, the contract will be unilaterally dissolved.

4. Paragraph 3 of this Article shall not apply if the obligation which has not been performed constitutes only an insignificant part of the obligations under the contract of the failed party.

Article 6.210. Interest

1.Where a debtor fails to meet his monetary obligation when it falls due, he shall be bound to pay an interest at the rate of five percent per annum upon the sum of money subject to the non-performed obligation unless any other rate of interest has been established by the law or contract.

2. Where both parties are businessmen or private legal persons, the interest at the rate of six percent per annum shall be payable for a delay in payment unless any other rate of interest has been established by the law or contract.

Article 6.211. Conditions excluding liability

The conditions of a contract which limit or exclude a party's liability for non-performance of an obligation, or which permit to effectuate performance in a substantially different manner from what the other party reasonably expected, shall not be valid if such conditions, taking in regard the nature of the contract and other circumstances, are unfair.

Article 6.212. Superior force (force majeure)

1. A party shall be exempted from liability for non-performance of a contract if he proves that the non-performance was due to the circumstances which were beyond his control and could not have been reasonably expected by him at the time of the conclusion of the contract, and the arising of such circumstances or consequences thereof could not be prevented. A superior force (force majeure) shall not include such circumstances as absence in the market of goods needed for the performance of the obligation, or lack of the necessary financial resources on the part of the party, or violation of their own obligations committed by the contrahents of the debtor.

2. In the event where the impedimental circumstance is temporary, the non-performing party shall be exempted from liability only for such a period which is reasonable taking in regard the effect of that impedimental circumstance on the performance of the contract.

3. The party who failed to perform a contract shall be obliged to inform the other party about the arising of an impedimental circumstance foreseen in Paragraph 1 of this Article and its influence on the possibility to perform the contract. In the event where the notice is not received by the other party within a reasonable time after the non-performing party became or should have become aware of the impedimental circumstance, he shall be bound to compensate for damages resulting from the non-receipt of the notice.

4. The provisions of this Article shall not deprive a party of exercising the right to dissolve the contract, or to suspend its performance, or to require interest due.

Article 6.213. Demand to make a performance

1. In the event where a party fails to perform his monetary obligation, the other party shall have the right to demand performance in kind.

2. If a party fails to perform his non-monetary obligation, the other party may demand performance in kind, except in cases where:

1) performance of a contractual obligation in kind is impossible legitimately or in fact;

2) performance of a contractual obligation in kind would be greatly burdensome or expensive for the debtor;

3) the party entitled to performance may reasonably obtain performance from another source;

4) the party entitled to performance does not demand that performance within a reasonable time after he became or should have become aware of the non-performance of the contract;

5) the non-performed obligation is of exclusively personal character.

Article 6.214. Repair or replacement of a defective performance

The right to obtain performance includes the right to demand a repair or replacement of a defective performance, or elimination of defects in performance by other means taking into consideration the provisions of Article 6.208 of this Code.

Article 6.215. Fine for non-performance of the requirement to perform an obligation in kind

1.Where the debtor fails to comply with the judgement of a court ordering the performance in kind an obligation under the contract, the court shall impose a fine upon the debtor.

2. The amount of a fine shall be established by a court with regard to concrete circumstances of the case. The fine may be imposed in the form of a lump sum payment or in the form of payment of interest on the delayed payments for every day exceeded.

3. The fine shall be exacted in favour of the creditor. Exaction of the fine shall not release the debtor from the obligation to compensate for damages.

Article 6.216. Change of remedies

In the event where a debtor fails to perform in kind a non-monetary obligation within a fixed time-limit, or where the creditor does not have the right to demand for the performance in kind, the creditor may require other remedies to be invoked.

CHAPTER XVIII

TERMINATION OF CONTRACTS

Article 6.217. Dissolution of a contract

1. A party may dissolve the contract where the failure of the other party to perform it or the defective performance thereof is considered to be an essential violation of the contract.

2. In determining whether a violation of a contract is essential, the following conditions must be taken into account:

1) whether the aggrieved party is substantially deprived of what he was entitled to expect under the contract, except in cases when the other party did not foresee or could not have reasonably foreseen such result;

2) whether, taking into consideration the nature of the contract, strict compliance with the conditions of the obligation is of essential importance;

3) whether the non-performance is made of malice prepense or of great imprudence;

4) whether the non-performance gives the aggrieved party the basis to suppose that he cannot believe in the future performance of a contract;

5) whether the non-performed party, who was preparing for performance or was effectuating the performance of the contracts, would suffer significant damages if the contract were dissolved;

3. In the case of delay in performance, the aggrieved party may dissolve the contract if the other party fails to perform the contract within the additional period fixed.

4. On any other grounds not established in this Article the contract may be dissolved only within the judicial proceedings resulting from an action of the interested party.

5. A contract may be dissolved unilaterally in the cases indicated therein.

Article 6.218. Notice of dissolution of a contract

1.Within the existence of the grounds indicated in Article 6.217 of this Code, the aggrieved party may dissolve the contract unilaterally without bringing an action. The party shall be bound to give the other party notice of dissolution in advance within the time-limit established by the contract; if the contract does not indicate such time-limit, the notice of dissolution must be given within thirty days.

2.Where the party who has essentially violated the contract submits an offer to perform the contract before the dissolution thereof, but this offer is belated or otherwise does not conform to the requirements of the contract, the aggrieved party shall lose his right to dissolve the contract unilaterally unless he gives notice to the other party within a reasonable time after he became or ought to have become aware of the offer to perform the contract, or such offer fails to conform to a proper performance of the contract.

Article 6.219. Anticipatory non-performance

If prior to the date when performance falls due it is reasonable to think that there will be an essential non-performance by one of the parties, the other party may dissolve the contract.

Article 6.220. Assurance of due performance

1. A party who reasonably believes that there may be an essential non-performance by the other party, shall have the right to demand the latter to present an assurance of due performance. The party may suspend performance of his obligations under the contract until the first party has provided the assurance that he will faithfully exercise a proper performance of the contract.

2. Where the assurance indicated in Paragraph 1 of this Article is not received within a reasonable time, the party demanding thereof may dissolve the contract.

Article 6.221. Legal effects of the dissolution of a contract

1. Dissolution of the contract releases both parties from the performance of the contract.

2. Dissolution of a contract shall not preclude the right of claim for damages for non-performance of the contract, as well as the right of claim for penalty.

3. Dissolution of the contract shall not affect its conditions which establish the procedure of settlement of disputes, nor the validity of any other conditions which, taking in regard to their nature, are to be in force even after dissolution.

Article 6.222. Restitution

1. Upon dissolution of the contract, each of the parties shall have the right to claim the return of whatever he has supplied the other party under the contract if this party concurrently makes the return of whatever he has received from the latter. If restitution in kind is not possible or appropriate to the parties due to modification of the subject-matter of the contract, a compensation of value of what has been received must be made in money, provided that such compensation does not contradict the criteria of reasonableness, good faith and justice.

2. If the performance of a contract is successive and divisible, the party may claim restitution only of what has been received after the dissolution of the contract.

3. Restitution shall not affect the rights and duties of third persons in good faith, except in the cases established in this Code.

Article 6.223. Modification of a contract

1. A contract may be modified by an agreement of its parties.

2. On the demand of one of the parties, a court may modify the contract by its judgement, provided that:

1) the violation of the contract committed by the other party amounts to an essential one;

2) in other cases established by the contract or laws.

3. An action for modification of a contract may be brought only after a refusal of the other party to modify the contract, or if no notice upon proposal to modify the contract is received within thirty days unless a different procedure of modification is established by laws or the contract.

4. A refusal of one party to perform the contract in part or in whole may be effected only in cases provided for by laws or the contract.

Article 6.224. Nullity of a contract

A contract may be declared null and void upon the grounds of invalidity of transactions established in Book 1 of this Code, likewise on any other grounds established by laws.

Article 6.225. Absolute and relative nullity of a contract

1. A contract shall be absolutely voidable (null contract) where a violation of the main principles of the Contract law made in forming a contract has conditioned violation not only of the interests of a party of the contract, but also that of the public interests.

2. A contract that is absolutely null may not be ratified by the parties later.

3. A contract shall be relatively null (disputable contract) where in contracting it one party acted in good faith, and the declaration of its nullity is necessary only for the protection of the private interest of the party in good faith.

4. A contract that is relatively null may be ratified by its parties (a party), provided that such ratification results from their express will.

Article 6.226. Partial nullity of a contract

1. The nullity of a single condition of a contract shall not import the nullity of the entire contract, except in cases if it appears that the contracting parties would not have entered into the contract without the condition affected by nullity.

2. In the case of a multilateral contract when there are two or more persons bound to perform an obligation, the nullity affecting one of the persons shall not import the nullity of the entire contract unless the participation of that person is necessary for the formation of the contract concerned.

Article 6.227. Right to bring an action for nullity

1. An action on the absolute nullity of a contract may be brought by any person whose rights and lawful interest are violated by such contract.

2. The fact of an absolute nullity of a contract and legal effects of this fact may be stated by the court ex officio (on its own motion).

3. An action on the relative nullity of a contract may be brought by a contracting party in good faith who has sustained damage from entering into that contract, or by a third person in whose interest it is concluded, or by a person whose rights or lawful interests are violated by that contract.

Article 6.228. Gross disparity of parties

1. A party may refuse from the contract or a separate condition thereof if at the time of the conclusion of the contract, the contract or its condition unjustifiably gives the other party excessive advantage. In such cases, among other circumstances, regard must also be paid to the fact that one party has taken unfair advantage of the other's dependent position, or of the other party's economic difficulties, urgent needs, or of the latter's economic weakness, lack of information or experience, his inadvertence or inexperience in negotiations; regard shall also be taken of the nature and purpose of the contract.

2. Upon the request of the party entitled to claim for invalidity of a contract or a separate condition thereof on the grounds established in the preceding Paragraph of this Article, a court may revise the contract or its condition and adapt them respectively in order to make the contract or its separate condition meet the requirements of fairness and reasonable standards of fair dealing practices.

3. The court may modify the contract or separate conditions thereof also on the request of the party who has received a notice of the refusal from the contract if this party upon receiving the notice has immediately informed the other party about his request into the court, and the latter still has not refused from the contract.

PART III

OBLIGATIONS RESULTING FROM OTHER SOURCES

CHAPTER XIX

MANAGEMENT OF THE AFFAIRS OF ANOTHER PERSON

Article 6.229. Duties of a person managing the affairs of another

1. Where a person voluntarily and without any mandate, instruction or previous assent to act undertakes the management of the affairs of another person, where such management does not fall within his duties, he must manage them in such a way that it conforms to the interests of that other person. The activities of the person managing the affairs of another (manager) shall be governed, mutatis mutandis, by the provisions of Book Four of this Code regulating simple administration of another’s property.

2. A person who assumes the management of the affairs of another shall be bound to continue the management undertaken until that other person (principal) is in a position to attend to it himself, or until a guardian, curator or an administrator of the property is appointed; if the principal dies, the duty to continue the management shall remain in existence until his heirs take over the management.

3. A person managing the affairs of another person must as soon as reasonably possible inform the principal of everything that has been done; he must also render in writing a comprehensive receipts, expenditure and loss account.

4. A person managing the affairs of another must exercise the necessary concern in his management to the extent that can reasonably be required of him, taking in regard the concrete circumstances in which he acts.

5. The provisions of this Chapter shall not apply to the activities of state and municipal institutions which act in the interests of other persons if the performance of such activity is within the duties of the institutions concerned.

Article 6.230. Management of the affairs of another person against his will

1. A person who manages the affairs of another person against the latter’s will being aware of this shall be liable towards the person against whose will he has acted in compensation for damages caused by his actions.

2. The assent or disagreement of a person towards his affairs to be managed by another person shall be of no effect in the instances where an obligation whose performance corresponds to the interests of the society, or the obligation to maintain another person would not be performed in time without such assent, or where effort is undertaken to avert danger threatening a person’s life.

3. Actions performed by the manager of the affairs of another after he became aware of the person’s, for the benefit of whom the affairs are conducted, disapproval of such actions shall not create any obligations towards the person concerned, neither towards the person performing the indicated actions, nor third persons.

Article 6.231. Managing of the affairs of another in cases of danger

If a person has undertaken the management of the affairs of another in order to protect the latter against real danger to his person or property, the former shall not be bound to compensate for damages inflicted unless he acted intentionally or in gross negligence.

Article 6.232. Ratification of actions

Subsequent ratification of actions of a manager made by the person whose affairs were being managed by the former without a mandate produces the same effects with respect to the management as would have arisen from a contract of mandate or any other contract best corresponding to the nature of the performed actions.

Article 6.233. Compensation of expenses incurred

1. When the management of the affairs of another person has been rightly undertaken and conformed to the principal’s interests, the principal shall be bound to perform the obligations assumed by the manager in his name. In addition, the principal must reimburse the manager for all the useful and necessary expenses incurred and compensate for the damages suffered by reason of the management of his affairs, irrespective of whether the desired result has been attained.

2. Expenses incurred in the cases established in Paragraph 1 of Article 6.230 of this Code shall not be compensated.

3. In the events indicated in Article 6.321 of this Code, compensation of expenses incurred may be claimed in any case.

4. Where management of the affairs of another person appears to be profitable, the manager, who has conducted the affairs, shall have the right to be remunerated. In the case of disagreement between the parties, the amount of remuneration shall be established by the court taking in consideration the concrete circumstances of the case and being guided by the principles of justice, reasonableness and good faith.

5. The expenses or damages incurred by a person in managing the affairs of another with the assent of the latter shall be subject to reimbursement in accordance with the rules governing the appropriate nominate contract.

Article 6.234. Return of the received property

1. A person who has been managing the affairs of another shall be bound to return to the latter the property received by reason of the management, including the fruits and income therefrom.

2. Upon ratification of the management of affairs by the principal, the manager acquires the right to claim reimbursement of expenses in accordance with Article 6.233 of this Code.

Article 6.235. Legal effects of a transaction formed on behalf and in the interests of another person

1. Obligations arising from a transaction formed on behalf and in the interests of another person shall be assumed by the person on whose behalf and in whose interests the said transaction is concluded, providing that the latter ratifies the transaction and the other party to the transaction does not contradict to such assumption, or that this other party on entering into the transaction was aware or should have been aware of the transaction being formed on behalf and in the interests of another person.

2. Where the principal assumes the obligations resulting from a transaction formed in his interests, the rights arising from the said transaction must be likewise transferred to the principal.

3. Where a transaction in the interests of another person is formed by the manager of affairs of that person on his own behalf, the latter shall be liable towards the third persons for obligations resulting from that transaction. Nevertheless, this provision shall have no effect in respect of the realization of the manager’s and the third persons’ rights connected with the person whose affairs were being managed.

Article 6.236. Supposed managing of the affairs of another

1. Provisions of this Chapter shall not apply if the management of the affairs of another is performed by a person believing to be managing his own affairs.

CHAPTER XX

UNJUST ENRICHMENT OR RECEPTION OF PROPERTY NOT DUE

Article 6.237. Obligation to return property not due

1. A person who intentionally or negligently, or in any other manner without any legal grounds obtains something that he could not and ought not to have obtained shall be obliged to return the received benefit to the person on whose account it was received, except in cases provided for by this Code.

2. The same obligation shall arise where the grounds upon which the property is acquired become subsequently extinct, except in cases established in Article 6.241 of this Code.

3. The unjustifiably obtained property must be restituted in kind. Where the unjustifiably received property has been lost or damaged, its true value expressed in terms of money that existed at the moment of the property acquisition, as well as any damages caused by subsequent change of the value of the property, must be compensated. The acquirer of the property shall be liable towards the aggrieved person for any deterioration or shortage, including that of accidental character, of the property acquired that occurred after the acquirer became aware or should have become aware of the unjust enrichment, or the reception of a thing not due. Until the moment indicated above, he shall be liable only for his deeds performed intentionally or in gross negligence.

4. Where a person in good faith sells the benefit acquired in the manner indicated in Paragraph 1 of this Article, he shall be bound to return only the amount received for the property sold.

5. The provisions of this Chapter shall likewise apply with respect to the obligations the performance of which is not connected with a transference of property but only with a supply of appropriate services, as well as in cases where the claim is connected with the recovery of a thing from illegal possession, or the restitution of performance resulting from an invalid transaction, or the compensation for damage, or the repayments between the parties to an obligation, or with the supply of services to each other.

Article 6.238. The right of a supposed debtor to demand the return of a debt unjustly paid

If a person mistakenly believing himself to be the debtor, has paid the debt he was not bound to pay, he shall be entitled to demand the return of the paid sum from the person who received the payment. The aforesaid right becomes extinct where in consequence of the payment the person has destroyed the document proving the debt. In such event the supposed debtor can claim the paid sum from the true debtor.

Article 6.239. Obligation to return property transferred to a third person gratuitously

Where a person who has received property not due gratuitously transfers the enrichment to a third person, the obligation to return such enrichment shall pass on to the third person.

Article 6.240. Repayments in returning unduly received property

1. A person, who has received property without due legal grounds shall be bound to return it and reimburse in total the income that he has received or should have received from this property from the time he became aware or should have become aware that the property he received was not due. An interest at the rate of five percent per annum shall be payable for the sum of money received unfoundedly. This interest shall be calculated from the moment when the person became aware or should have become aware of the reception or saving of the money not due.

2. If the recipient in good faith has accepted property not due by mistake, he also has the right to claim for reimbursement of the necessary expenses incurred for the maintenance of the unduly received property during the period indicated in Paragraph 1 of this Article. Such recipient forfeits the right to claim for reimbursement of the expenses if the person who has the right to recover that property relinquishes that right and leaves the property to the person who has received it unjustifiably.

3. The person who has accepted property without any legal grounds and who has not guaranteed the maintenance of that property to the extent that a reasonable debtor would guarantee shall be bound to reimburse for the decrease in the property that took place after the recipient became or ought to have become aware of the existence of his obligation to return the property.

4. Where the nature of the unduly received property is such that it cannot be returned, the value of what was received or performed at the time of the receipt or performance must be reimbursed if the recipient has been enriched, or if he has asked to perform thereof, or if he has consented to perform a counter-action.

5. Where a transaction is acknowledged null and void, and the performance cannot be evaluated in monetary terms, or the received cannot be returned due to its nature, an action for return or compensation may not be satisfied if this would be contrary to the criteria of good faith, reasonableness and justice.

Article 6.241. Property that cannot be recovered

1. The following property cannot be recovered as received unduly:

1) property transferred for the purposes of performance of an obligation prior to the expiry of the time-limit allotted for the performance of that obligation unless the source of the obligation provides for otherwise;

2) property transferred for the purposes of performance of an obligation after the expiry of prescription;

3) property transferred by a person who is aware of the absence of his duty to perform the obligation, or by a person who even though not bound to perform the obligation nevertheless makes the performance and where this conforms to the principles of good morals;

4) amounts paid unjustifiably as compensation for damage resulting from bodily damage or death, as well as salary or wages, or other payments equaled to the latter, also pensions and alimony, provided that the receiver did not act in bad faith or there was no mistake in the accountancy.

2. Where a person, without there being a legal ground to do so, accepts a sum of money that is assigned to a third person who has no right to receive it and delivers this sum to that third person, he shall be relieved from his obligation to give the money back if he proves that he did not know and ought not to have known of the existence of the obligation to return the money, and that he could not deliver that sum of money to the third person who had the right to receive it.

Article 6.242. Unjust enrichment

1. A person in bad faith who has enriched himself without any legal cause at the expense of another must indemnify the latter for his damages in the amount of the unjust enrichment.

2. Decrease in the enrichment may be taken into consideration and the sum subject to repayment may be diminished correspondingly if this decrease results from a cause which cannot be imputed to the unjustifiably enriched person.

3. Enrichment shall not be considered unjust and achieved in bad faith if it results from such performance of an obligation where the party of an obligation who has suffered loss is not able through his own fault to exercise his rights in such a way as to avoid damages, and the other party has been enriched as a result of actions performed by the impoverished party exclusively for his personal interest and at his own risk.

CHAPTER XXI

GAMBLING AND WAGERING

Article 6.243. Effects of gambling and wagering

1. No obligations shall arise on the ground of gambling and wagering, except in cases established by laws. Claims connected with gambling and wagering shall not be protected within judiciary proceedings, except in cases established by laws.

2. In the events where games or wagers are prohibited by laws, no action can be brought by the benefited party (winner) claiming the agreed sum to be paid, likewise no recovery of the paid sum may be instituted by the losing party (loser).

3. The losing party (loser) shall have the right to recover what he has paid following the outcome of a game or wager where the loser is a minor, or in cases of compulsion, threat, fraud, or any other unfair actions exercised against the losing party.

Article 6.244. Lottery and other games based on risk and chance

1. Lottery or any other games based on risk and chance can constitute a basis for obligations if organised and carried out within the procedure established by laws. Otherwise, Articles 6.237 and 6.242 of this Code shall apply to the claims arising from lotteries and games.

2. Where lotteries or other games are organised pursuant to the procedure established by laws, a contract between the organiser and the participant of a lottery or other game shall be considered concluded in the form of either a ticket of the lottery or game, or a receipt, or any other document indicated in the regulations for the organisation of the lottery or any other game. These regulations shall be approved by the organiser of the lottery or the game concerned. The regulations must contain information about the time of the lottery or other game, rules for determining the winner, the amount of the prize and the procedure of its payment. The regulations must be publicly accessible.

3. Where the organiser of a lottery or any other game refuses to organise it at the established time, the participants of such lottery or other game shall have the right to demand from the organiser compensation of real damages caused by the cancellation of the lottery or another game, as well as by the postponement of the period of time allotted for the organisation of the events concerned.

4. The organiser shall be bound to pay to the persons who are acknowledged as winners in accordance with the regulations of the lottery or other game the winnings in the amount and form (in money or in kind) established by the regulations. The winning must be paid within the time-limit established by the regulations and, where such time-limit is not established, it must be paid within one month from the ascertainment of the results of the lottery or another game. If the organiser of a lottery or another game fails to perform his duty indicated above, the winner shall have the right to demand from the organiser payment of the winning and compensation of damages.

CHAPTER XIII

CIVIL LIABILITY

SECTION ONE

GENERAL PROVISIONS

Article 6.245. Concept and kinds of civil liability

1. Civil liability is a pecuniary obligation one party of which shall have the right to claim for compensation of damages (damage) or demand payment of the penalty (fine, interest), and the other party shall be bound to make compensation for damages (damage) arising therefrom, or pay the penalty (fine, interest).

2. Civil liability is of two kinds: contractual liability and non-contractual (delictual) liability.

3. Contractual liability is a pecuniary obligation resulting from a failure to perform a contract or from its defective performance where one party of the obligation has the right to claim for compensation of damages or demand payment of penalty (fine, interest), and the other party is bound to make compensation for damages, or to pay penalty (fine, interest) caused by the failure to perform the contract, or by a defective performance thereof.

4. Non-contractual (delictual) liability is a pecuniary obligation which is not related with contractual relations, except in cases where it is established by laws that delictual liability shall also result from damage related with contractual relations.

5. A creditor, before bringing claims for compensation of damages against a person who in accordance with laws or the contract is additionally liable together with another person (subsidiary liability), must claim towards the principal debtor for compensation of damages. If the principal debtor refuses to compensate damages or if the creditor does not receive any answer from the debtor to his claim within reasonable time, the creditor may claim for compensation of damages towards the debtor who is subsidiarily liable.

6. A creditor may not claim for compensation of damages from the subsidiarily liable debtor where the creditor can satisfy his claim by the set-off of a counterclaim of the principal debtor. Before compensating damages to the creditor, the subsidiarily liable debtor must accordingly notify the principle debtor. If the action for compensation of damages is brought against the subsidiarily liable debtor, he must involve the principal debtor to participate in the judicial proceedings as well. Otherwise, the principal debtor may invoke against the counterclaim of the subsidiary debtor all defences which he could have had the right to invoke against the creditor.

Article 6.246. Unlawful actions

1. Civil liability shall arise from non-performance of a duty established by laws or a contract (unlawful refrainment from acting), or from performance of actions that are prohibited by laws or a contract (unlawful acting), or from violation of the general duty to behave with care.

2. It may be established by laws that a person shall be bound to compensate damage he has not caused himself but is responsible for the actions of another person who inflicted the damage (indirect civil liability).

3. Damage caused by lawful actions must be compensated only in cases expressly specified by laws.

Article 6.247. Causation

Only those damages can be compensable which are related to actions (acting or refrainment from acting) giving rise to civil liability of the debtor in such a manner that the damages, taking into account their nature and that of the civil liability, can be imputed to the debtor as a result of his actions (acting or refrainment from acting).

Article 6.248. Fault as a condition for civil liability

1. Civil liability shall arise only upon the existence of the fault of the obligated person, except in the cases established by laws or a contract when civil liability arises without fault. The fault of a debtor shall be presumed, except in the cases established by laws.

2. Fault may be expressed by intention or negligence.

3. A person shall be deemed to have committed fault where taking into account the essence of the obligation and other circumstances he failed to behave with the care and caution necessary in the corresponding conditions.

4. Where damage has also been caused through the fault of the creditor himself, the repairable damages shall be diminished in proportion to the degree of gravity of the creditor’s fault committed, or the debtor can be released from civil liability.

Article 6.249. Damage and damages

1. Damage shall include the amount of the loss or damage of property sustained by a person and the expenses incurred (direct damages) as well as the incomes of which he has been deprived, i.e. the incomes he would have received if unlawful actions had not been committed. Damage expressed in monetary terms shall constitute damages. Where the amount of damages cannot be proved by the party with precision, it shall be assessed by a court.

2. If the person who is liable towards another has derived profit from his unlawful actions, upon the demand of the creditor the profit received may be attributed to damages.

3. The court may postpone the evaluation of damage which has not yet occurred or may evaluate future damage upon assessment of its real probability. In such cases, the court may adjudge either to pay a lump sum or to make instalment payments, or it may obligate the debtor to furnish security upon compensation for damage.

4. In addition to the direct damages and the incomes of which a creditor has been deprived, damages shall comprise:

1) reasonable costs to prevent or mitigate damage;

2) reasonable costs incurred in assessing civil liability and damage;

3) reasonable costs incurred in the process of recovering damages within extrajudicial procedure.

5. Damage shall be assessed according to the prices valid on the day when the court judgement was passed unless the law or the nature of the obligation requires the application of prices that were valid on the day the damage arose or on the day when the action was brought.

6. In the event where one and the same action has created both damage and benefit for the aggrieved person, the benefit received may, to the extent that this does not contradict to the criteria of reasonableness, good faith and justice, be computed into damages to be repaired.

Article 6.250. Non-pecuniary damage

1. Non-pecuniary damage shall be deemed to be a person’s suffering, emotional experiences, inconveniences, mental shock, emotional depression, humiliation, deterioration of reputation, diminution of possibilities to associate with others, etc., evaluated by a court in terms of money.

2. Non-pecuniary damage shall be compensated only in cases provided for by laws. Non-pecuniary damage shall be compensated in all cases where it is incurred due to crime, health impairment or deprivation of life, as well as in other cases provided for by laws. The court in assessing the amount of non-pecuniary damage shall take into consideration the consequences of such damage sustained, the gravity of the fault of the person by whom the damage is caused, his financial status, the amount of pecuniary damage sustained by the aggrieved person, also any other circumstances of importance for the case, likewise to the criteria of good faith, justice and reasonableness.

Article 6.251. Compensation of damages in full

1. The damages incurred must be compensated in full, except in cases when limited liability is established by laws or a contract.

2. The court, having considered the nature of liability, the financial status of the parties and their interrelation, may reduce the amount of repairable damages if awarding full compensation would lead to unacceptable and grave consequences. However, the reduction may not exceed the amount for which the debtor has or ought to have covered his civil liability by compulsory insurance.

Article 6.252. Agreements of parties upon exclusion or limitation of civil liability

1. An agreement of the parties upon exclusion of civil liability for damages (damage) sustained by the reason of the debtor’s intentional fault or gross negligence, as well as any agreement concerning the limitation of the amount of civil liability for damages sustained by the reasons indicated above shall be null and void. It shall be prohibited to exclude or limit civil liability for impairment of health, deprivation of life or non-pecuniary damage caused to another.

2. The mandatory legal norms establishing civil liability, as well as the form or amount thereof, cannot be modified by an agreement of the parties.

Article 6.253. Non-application of civil liability or exemption from it

1. The grounds for non-application of civil liability or for exemption therefrom shall cover the following events which completely or in part may release a person from his civil liability: a superior force (force majeure), actions of state, actions of a third party, actions of the aggrieved party, state of necessity, self-defence, self-help

2. A superior force is unavoidable events that cannot be controlled or escaped by the debtor, and which were not and could not have been foreseen (Article 6.212 of this Code).

3. Actions of state are binding and unforeseen actions (acts) of public authorities which render the performance of an obligation impossible and which could not be disputed by the parties.

4. Activities of a third person are injurious actions (acting or refrainment from acting) committed by a person for whom neither the creditor nor the debtor is liable.

5. Actions of the aggrieved person are the actions committed through the fault of the aggrieved person himself and resulting in the appearance or increase of his damages. Such actions may be expressed in the form of consent of the aggrieved person to suffer the damage or to assume the risk. This consent of the aggrieved person may be the grounds for exemption from civil liability only under condition that such consent and causing of damage is not contrary to mandatory legal norms, public order, good morals, the criteria of good faith, reasonableness and justice.

6. The state of necessity is the actions of a person by which he is compelled to cause damage in order to avert danger to himself, to other persons or to their rights, as well as to the interests of the society or the state by avoiding imminent occurrence of greater damage to the person who has already sustained damage or to any other person, providing that causing the damage in the concrete circumstances was the only way of avoiding greater damage. The court, taking into consideration the circumstances of the case and acting in accordance with the principles of good faith and justice, may obligate the damage to be compensated by the person in whose interests the injurious act was committed.

7. Self-defence is considered to be the actions committed by a person with the purpose of defending himself or another person, property, inviolability of dwelling, other rights, interests of the society or the state against commenced or imminent unlawful dangerous assault, providing that such actions do not exceed the limits of self-defence.

8. Self-help is considered to be the actions of a person by which he lawfully enforces his right in the instances where competent authorities fail to provide timely assistance and where without such actions the implementation of that right would be rendered impossible or essentially obstructed. Nevertheless, a person who employs self-help unlawfully or without due cause shall have to compensate the damage caused.

9. Other grounds for exemption from civil liability or for the non-application thereof may be established by laws or the agreements of the parties.

Article 6.254. Insurance of civil liability

1. In the instances provided for by laws or a contract, civil liability may be insured by concluding a contract of insurance. Relationships connected with the insurance of civil liability are regulated by this Code and other laws.

2. Where the insurance benefit due to the insured person is not sufficient for the compensation of damage in whole, the difference between the insurance benefit and actual amount of damage shall be redressed by the insured person himself liable for the damage caused.

Article 6.255. Preventive action

1. The grounds for bringing a preventive action shall be the emergence of real danger that damage may be inflicted in the future. Preventive action shall be deemed to be the action intended to prohibit the exercise of actions likely to create real danger of the infliction of damage in future.

2. Where the damage results from the exploitation of an enterprise or mechanism, or from any other commercial or non-commercial activities, and where exists a real danger for a repeated arising of damage resulting from the same sources, the court may upon the request of the plaintiff charge the defendant with the obligation to suspend or terminate the activities indicated above. The court may refuse to satisfy the request upon the suspension or termination of such activities in the instances where the suspension or termination thereof would be contrary to public order.

3. The refusal of the court to satisfy the preventive action does not deprive of the right to claim for compensation of damage caused by the activities upon termination or suspension of which the preventive action is dismissed.

SECTION TWO.

CONTRACTUAL LIABILITY

Article 6.256. Grounds for arising of contractual liability

1. Every person shall have a duty to perform his contractual obligations in a proper way and without delay.

2. Where a person fails to perform his contractual obligation or performs it defectively, he shall be liable to compensation for damages caused to the other contracting party and/or pay a penalty (fine, interest).

3. Where the performance of a contract falls within professional activities of one of the parties, the party concerned must perform the contract in accordance also with the requirements attached to that professional activity.

4. Where an enterprise (businessman) fails to perform its/his contractual obligation or performs it defectively, it/he shall be liable in all cases unless it/he proves that non-performance or defective performance of the obligation has resulted from a superior force unless it is otherwise provided for by laws or the contract.

Article 6.257. Liability for actions of third persons

A debtor who engages the services of third persons in performance of his obligation shall be liable towards the creditor where non-performance of the obligation or defective performance thereof results from the fault of the third persons concerned unless the law or the contract provides for the liability of the direct executor.

Article 6.258. Penalty and damages

1. It may be provided for by laws or a contract that the party guilty for non-performance of an obligation or defective performance thereof shall be bound to pay a penalty (fine, interest).

2. In the instances where penalty is established, the creditor may not concurrently demand from the debtor the performance of the principal obligation and the payment of the sum stipulated in the penal clause (the penalty) except in the cases where the time-limit of performance of the obligation is delayed by the debtor. An agreement providing for any other stipulation shall be null and void. In the event of a claim for compensation of damages being made, the penalty shall be included in the damages.

3. The sum stipulated as a penalty (fine, interest) may be reduced by the court when it is unreasonably excessive, or if the creditor has benefited from the partial performance of the obligation. However, this sum may not be reduced below the damages payable for the non-performance of the obligation or defective performance thereof. Penalty may not be reduced after its payment.

4. The non-performing party (enterprise or businessman) shall be liable only for the damages which he foresaw or could reasonably have foreseen at the time of the conclusion of the contract as being likely to result from the non-performance of obligation.

5. Where the aggrieved party dissolves the contract on the grounds that the other party has violated it and makes a replacement transaction within a reasonable time, it may claim from the guilty party the difference between the contract price and the price of the replacement transaction as well as damages for any further loss.

6. Damages are to be assessed either in the currency in which the monetary obligation was expressed or in the currency in which the loss was suffered, whichever is more appropriate to the parties according to the circumstances of the case.

7.Unless otherwise agreed, interest on the damages for non-performance of an obligation shall be calculated from the time of the non-performance.

8. The provisions of this Article shall not be applied where the present Code provides for other rules in respect to any specific types of contracts.

Article 6.259. Fault of a creditor

1. In the event of the non-performance of an obligation or defective performance thereof resulting from the fault of both parties, the liability of the debtor may be correspondingly reduced or the debtor may be fully relieved from liability.

2. The rule established in Paragraph 1 of this Article shall also apply to the cases where a creditor through his own intentional fault or negligence contributes to the failure in the performance of the obligation or to the increase of damages caused by its defective performance, likewise when the creditor through his intentional fault or negligence failed to take any measures to reduce the damages.

3. The rules established in this Article shall correspondingly apply in the cases where the liability of the debtor for the non-performance of the obligation or for its defective performance arises in accordance with laws or the contract irrespective of the existence of his fault.

Article 6.260. Effects of a debtor’s default by the delay in performance of an obligation

1. A debtor shall be deemed to have delayed performance of an obligation where he fails to perform it before the expiry of the time-limit established for the performance of the obligation.

2. The debtor who has delayed performance shall be liable towards the creditor for the compensation of damages caused by the delay in performance, as well as for the impossibility to perform the obligation which accidentally results from the delay

3. The creditor shall have the right to refuse performance offered to him after the delay therein and may claim for damages caused by the delay in performance where the debtor’s default by delay in performance results in the creditor’s loss of any interest in that performance.

4. The debtor shall not be considered to be delayed in the performance as long as the obligation cannot be performed as a consequence of delay in the performance made by the creditor himself.

Article 6.261. Effects of a debtor’s default by delay in the performance of an obligation to pay a sum of money

The debtor delayed in the performance of an obligation to pay a sum of money shall be bound to pay interest resulting from the contracts or laws which is considered to be minimal damages. In addition, where the creditor proves any other damages, he shall be entitled to the compensation thereof.

Article 6.262. Effects of a creditor’s default by delay in performance of an obligation

1. A creditor shall be considered to be delayed in performance if he refuses to accept the proper performance proposed by a debtor, or fails to perform the actions until the performance of which the debtor could not perform his obligations.

2. Where the creditor is delayed in performance, the debtor shall acquire the right to be compensated for damages caused by the delay unless the creditor proves that the time-limit which has been set for the performance lapsed without the obligation having been performed not through the fault of the creditor himself nor through the fault of the persons obligated by laws or authorised by the creditor to accept the performance.

3. With regard to monetary obligations, the debtor shall not be obliged to pay interest (penalty) for the period of the creditor’s delay.

SECTION THREE

NON-CONTRACTUAL (DELICTUAL) LIABILITY

Article 6.263. Obligation to compensate for damage caused

1. Every person shall have the duty to abide by the rules of conduct so as not to cause damage to another by his actions (active actions or refrainment from acting).

2. Any bodily or property damage caused to another person and, in the cases established by the law, non-pecuniary damage must be fully compensated by the liable person.

3. In cases established by laws, a person shall also be liable to compensation for damage caused by the actions of another person or by the action of things in his custody.

Article 6.264. Liability of an employer for damage caused by the fault of his employees

1. An employer shall be liable to compensation for damage caused by the fault of his employees in the performance of their service (official) duties.

2. For the purposes of this Article, employees are considered to be persons exercising their functions on the grounds of a labour or civil contract and acting under the supervision or in accordance with the orders of the corresponding legal or natural person.

3. Where in cases established by laws the employer and the employee are solidarily liable for compensation of damage, the employee shall be liable towards the employer exclusively in the event of his intention or negligence.

Article 6.265. Liability to compensation for damage caused by others

1. Where damage is caused by a person, who is not an employee, acting under the orders of another person who is not his employer, it must be compensated solidarily by both persons concerned.

2. A represented person himself and the representative executing his mandate shall be solidarily liable to make compensation for the damage caused by the latter.

Article 6.266. Liability of the owner (possessor) of construction works

1. If damage has been caused by reason of the collapse of buildings, construction works, installations or other structures, including roads, or if the damage has been caused by reason of any defect thereof, the owner (possessor) of the indicated objects shall be liable to compensation for the damage unless he proves the occurrence of the circumstances indicated in Paragraph 1 of Article 6.270 of this Code.

2. It shall be presumed that the owner (possessor) of buildings, constructions, installations or other structures is the person indicated as their owner (possessor) in the Public Register.

Article 6.267. Liability to compensation for damage caused by animals

1. Damage caused either by domestic animals or wild animals that are in somebody’s custody must be compensated by their owner (possessor) unless he proves the occurrence of the circumstances indicated in Paragraph 1 of Article 6.270 of this Code. The person shall also be liable for compensation of damage caused by an animal that has escaped from him.

2. Damage caused by wild animals shall be redressed in accordance with the procedure established by laws.

Article 6.268. Liability to compensation for damage caused by a natural person incapable of understanding the meaning of his own actions

1. A legally capable natural person who has inflicted damage being in such a state where he was incapable of understanding or controlling his actions shall not be liable for the damage caused. Nevertheless, the person shall not be exempted from liability if the state of incapacity was inflicted upon himself by the use of alcoholic drinks, narcotic or psychotropic substances, or in any other way.

2. In the event where damage is inflicted to the health or life of a person, the court in awarding damages shall take into account the property status both of the aggrieved person and the person who caused the damage, as well as the criteria of good faith and reasonableness, likewise other circumstances pertinent to the case, and may order the compensation be made by the guilty party in full or in part.

3. Damage caused by a person who by reason of over-indulgence in alcohol, narcotic or psychotropic substances is recognised as being of limited legal active capacity, shall be compensated within the ordinary procedure established for the compensation of damage.

4. Where damage is caused by a person who by reason of his mental disease or any other mental derangement was incapable of understanding or controlling his actions, the court may obligate the person’s spouse who resides with him, his parents, or his children of full age to compensate for the damage, provided that they knew of the mental state of the person concerned but failed to take any measures to recognise him as legally incapable.

Article 6.269. Damage caused by a person in self-defence or self-help

1. A person who causes damage in legitimate exercise of self-defence or in defence of another shall not be liable for damage suffered by the assailant.

2. In the event indicated in Paragraph 1 of this Article, the aggrieved person can claim from the person against whose unlawful actions defence was used, i. e. from the assailant, to compensate for the damage incurred.

Article 6.270. Liability arising from the exercise of hazardous activities

1. A person whose activities are connected with potential hazards for surrounding persons (operation of motor vehicles, machinery, electric or atomic energy, use of explosive or poisonous materials, activities in the sphere of construction, etc.) shall be liable to compensation for damage caused by the operation of potentially hazardous objects which constitute a special danger for surrounding persons, unless he proves that the damage was caused by superior force or it occurred due to the aggrieved person’s actions exercised either intentionally or by his own gross negligence.

2. A defendant in the cases established in the preceding Paragraph of this Article shall be the possessor of a potentially hazardous object by the right of ownership or trust or on any other legitimate grounds (loan for use, lease, or any other contract, by the power of attorney, etc.).

3. The possessor of a potentially hazardous object shall not be liable to compensation for damage it has caused if he proves to have lost the operation thereof due to unlawful actions of other persons. In such event, liability arises to the person or persons who gained the operation of a potentially hazardous object by unlawful actions. Where the loss of operation of a potentially hazardous object results also from the fault of the possessor, the latter and the person who seized the potentially hazardous object unlawfully shall be solidarily liable for the damage. Upon having compensated for the damage, the possessor shall acquire a right of recourse for the recovery of sums paid against the person who unlawfully seized the potentially hazardous object.

4. In the event where damage was inflicted to a third person in the result of reciprocity of several potentially hazardous objects, all the possessors of the objects concerned shall be solidarily liable for the damage caused.

5. The damage incurred by the possessors of potentially hazardous objects in the result of the reciprocity thereof shall be compensated in accordance with the general provisions.

Article 6.271. Liability to compensation for damage caused by unlawful actions of institutions of public authority

1. Damage caused by unlawful acts of institutions of public authority must be compensated by the state from the means of the state budget, irrespective of the fault of a concrete public servant or other employee of public authority institutions. Damage caused by unlawful actions of municipal authority institutions must be redressed by the municipality from its own budget, irrespective of its employee’s fault.

2. For the purposes of this Article, the notion “institution of public authority” means any subject of the public law (state or municipal institution, official, public servant or any other employee of these institutions, etc.), as well as a private person executing functions of public authority.

3. For the purposes of this Article, the notion “action” means any action (active or passive actions) of an institution of public authority or its employees, that directly affects the rights, liberties and interests of persons (legal acts or individual acts adopted by the institutions of state and municipal authority, administrative acts, physical acts, etc., with the exception of court judgements – verdicts in criminal cases, decisions in civil and administrative cases and orders).

4. Civil liability of the state or municipality, subject to this Article, shall arise where employees of public authority institutions fail to act in the manner prescribed by laws for these institutions and their employees.

Article 6.272. Liability for damage caused by unlawful actions of preliminary investigation officials, prosecutors, judges and the court

1. Damage resulting either from unlawful conviction, or unlawful arrest, as a measure of suppression, as well as from unlawful detention, or application of unlawful procedural measures of enforcement, or unlawful infliction of administrative penalty - arrest - shall be compensated fully by the state irrespective of the fault of the officials of preliminary investigation, prosecution or court.

2. The state shall be liable to full compensation for the damage caused by unlawful actions of a judge or the court trying a civil case, where the damage is caused through the fault of the judge himself or that of any other court official.

3. In addition to pecuniary damage, the aggrieved person shall be entitled to non-pecuniary damage.

4. Where the damage arises from intentional fault on the part of officials of preliminary investigation, prosecution, court officials or judges, the state, after the damage has been compensated, shall acquire the right of recourse against the officials concerned for recovery, within the procedure established by laws, of the sums in the amount provided for by laws.

Article 6.273. Defendants in respect of obligation of the state or municipality to compensate for damage

1. In civil cases upon compensation of damage where the state is liable to compensation for the damage, it shall be represented by the Government or an institution authorised by the Government.

2. In civil cases upon compensation of damage where a municipality is liable to compensation for the damage, it shall be represented by its institution through the fault of which the damage has occurred.

Article 6.274. Liability to compensation for damage caused in the state of necessity

The court may, taking in regard the circumstances in which the damage was caused, likewise other circumstances indicated in Paragraph 6 of Article 6.253 of this Code, obligate the person for whose benefit actions that caused the damage were committed to redress the damage inflicted in the state of necessity.

Article 6.275. Liability to compensation for damage caused by minors under fourteen years of age

1. Parents or guardians of a minor under fourteen years of age shall be liable to compensation for damage caused by such a minor unless they prove that the damage was inflicted not through their fault.

2. An institution of training or education, as well as an institution of medical treatment or any institution of social care (curatorship) shall be liable to compensation for damage caused by a minor under fourteen years of age under their supervision unless they prove that the damage was caused not through their fault.

Article 6.276. Liability to compensation for damage caused by a minor between fourteen and eighteen years of age

1. Liability of a minor between fourteen and eighteen years of age shall arise on the general grounds.

2. In cases where a minor between fourteen and eighteen years of age has no sufficient property or earnings for the compensation of damage caused by him, the corresponding part of the damage must be redressed by his parents or a curator unless they prove that the damage does not proceed from their fault. The same legal effects shall occur where a minor between fourteen and eighteen years of age was under the supervision of an institution of training, education, medical treatment or social care (curatorship) at the time when the damage was caused.

3. The obligation of the persons indicated in the preceding Paragraph of this Article to redress for the damage shall terminate when the person who caused the damage attains the age of majority or when he, before attaining majority, acquires the property or earnings sufficient for the compensation of damage.

Article 6.277. Civil liability of parents with restricted parental authority to compensation for damage caused by their minor children

Parents with parental authority restricted due to their fault shall be liable for compensation of damage caused by their minor children on the general grounds where the actions of their minor children result from improper exercise of their parental authority, except in those cases when a guardian or a curator is appointed to the minor.

Article 6.278. Liability to compensation for damage caused by a natural person declared legally incapable

1. If damage is caused by a natural person declared legally incapable, compensation shall be due from the latter’s guardian or an institution charged with the custody of the person unless they prove that the damage was caused not through their fault.

2. Obligation of a curator or a relevant institution to compensate for damage shall not terminate even if the person who caused the damage is recognised as legally capable after the injurious act was committed.

3. Where the guardian dies or has no sufficient means to compensate the damage caused to another person’s health or life by an incapable person under his guardianship, while the person who caused the damage possesses sufficient means for its reparation, the court may, taking into consideration the property status of both the incapable person and the aggrieved person, as well as other circumstances relevant to the case, order recovery from the property of the incapable person.

Article 6.279. Liability to compensation for damage caused jointly by several persons

1. Where several persons jointly take part in causing damage, they shall be solidarily liable for compensation thereof.

2. In order to determine the reciprocal claims of solidarily liable persons, the different degree of gravity of their respective fault shall be taken into consideration, except in cases when it is otherwise provided for by laws.

3. The aggrieved person may not claim more from all the liable persons than he could claim if only one person were liable.

4. Where damage may have resulted from different actions performed by several persons and they are liable to compensation, even though it is determined that the damage actually resulted from actions of only one of those persons, the obligation to compensate the damage shall rest upon all these persons jointly unless the other persons prove that the damage could not have resulted from the event (actions) for which they are liable.

Article 6.280. The right of recourse against the person who caused damage

1. A person who has compensated the damage caused by another person shall have the right of recourse (the right of counterclaim) against the person by whom the damage was caused in the amount equal to the paid compensation unless a different amount is established by the law.

2. The person who has compensated for the damage caused by several persons jointly shall have the right of recourse against every of them in proportion to the degree of gravity of the fault of each of them. Where it is impossible to determine the degree of gravity of the fault of each of them, the portions of damage under compensation attributable to each of them shall be considered to be equal.

3. Parents, a guardian, or a curator, likewise the institutions indicated in Articles 6.275, 6.276 and 6.278 of this Code shall not have the right of recourse against a minor or a natural person declared legally incapable after having compensated for the damage caused by them.

Article 6.281. The manner and amount of compensation for damage

1. The court, in awarding compensation for damage and taking into consideration the circumstances of the case, shall obligate a person liable for causing that damage to compensate for it in kind (to deliver a thing equivalent in kind and quality, to repair the damaged thing, etc.) or to perform the compensation in full.

2. Where the court judgement on the compensation of damage in kind is not executed within reasonable time, the creditor shall have the right to demand compensation in money.

Article 6.282. Assessment of damage in the light of the degree of the aggrieved person’s fault and the property state of the person who caused the damage

1. If the aggrieved person’s gross negligence contributed to causing or increasing damage, depending on the degree of the aggrieved person’s fault (and on the degree of the fault of the person by whom the damage was caused, in the event of the existence of such fault), the extent of the compensation can be reduced or the claim for the compensation dismissed unless the laws provide for otherwise.

2. The fault of the aggrieved person shall not be taken into consideration in recovering compensation for the damage caused by the death of the breadwinner and in compensating the costs of funeral expenses.

3. The court may, taking in consideration difficult property situation of the person who caused the damage, reduce the amount of the reparable damage, except in cases when the damage was caused intentionally.

Article 6.283. Compensation for damage caused to another person’s health

1. Where the damage sustained by a natural person is bodily harm, i.e. he is mutilated or his health is impaired with in any other way, the person liable for the damage caused shall be bound to compensate to the aggrieved person for all his damages suffered, including non-pecuniary damage.

2. Damages in cases referred to in Paragraph 1 of this Article shall be composed of the incomes the aggrieved person would have received had he not sustained the bodily harm, expenses related with the rehabilitation of health (medical treatment costs, expenses incurred for additional nourishment, medication, prosthetics, care of the injured person, acquisition of specialised transport means, retraining costs and other expenses necessary for the rehabilitation of health).

3. If the health of the aggrieved person deteriorated after the judgement on the compensation for damages was passed, he shall have the right to bring an action for compensation of the additional expenses, except in the cases when the damage was compensated in the form of a definite lump sum.

4. This Article shall apply to the extent that the aggrieved person is not covered by social insurance against accidents at work within the procedure established by laws.

Article 6.284. Liability to compensation for damage caused by fatal injury

1. In the event of death of a natural person, the right to compensation for damage caused by the latter’s death shall be acquired by the persons who were under his support or at the time of his death were entitled to be supported by him (minor children, spouses, parents incapable of work, or other factual dependants incapable for work), likewise the children of the deceased born after his death. These persons shall also have the right to compensation for non-pecuniary damage.

2. Persons who have the right to compensation for damage caused by the death of their breadwinner shall be compensated for that part of the deceased person’s income which they received or were entitled to receive when the deceased person was alive.

3. The amount of the damage to be compensated cannot be changed, except in cases when a child is born after the death of the breadwinner.

4. This Article shall apply only to the extent that the aggrieved person is not insured by social insurance against accidents at work in accordance with the procedure established by laws.

Article 6.285. Damages awarded for damage caused to the health of a minor under fourteen years of age

1. In the event of mutilation or other impairment of health of a minor under fourteen years of age who has no independent income, the person liable for the damage caused shall be obliged to compensate for the expenses connected with the impairment of health of the aggrieved person and non-pecuniary damage.

2. Upon the attainment of the age of fourteen years by the aggrieved person, the person liable for the damage caused shall also be bound to compensate to such minor for the damage connected with the loss or reduction of his labour capacity taking into consideration the skills which the minor had prior to the damage, as well as the property state of his parents and that of the person by whom the damage was caused, likewise any other circumstances of importance to the case.

3. If at the time of the impairment to his health the natural person under fourteen years of age had independent income, he shall be entitled to compensation in the amount equal to his independent income lost due to the impairment to his health.

Article 6.286. Change of the amount of compensation upon the demand of the aggrieved person subsequent to a change of his labour capacity

An aggrieved person who has partially lost his labour capacity shall have the right at any time to demand from the person liable for the damage a corresponding increase of the compensation for the damage sustained if the labour capacity has decreased thereafter in connection with the causing of impairment of health in comparison with that which remained at the time of awarding compensation, except in cases when the damage was awarded in the form of a definite lump sum.

Article 6.287. Change of the amount of compensation upon the demand of persons from whom the compensation for damage is awarded

A person from whom the compensation of damage which caused mutilation or other impairment of the health of another is awarded shall have the right to demand corresponding reduction of the compensation if the labour capacity of the aggrieved person has increased in comparison with the remaining labour capacity he had at the time when the compensation was awarded, except in cases when the compensation for the damage was awarded in the form of a definite lump sum.

Article 6.288. Payment of the compensation for damage

1. Damage shall be compensated from the day when it was caused; if the damage appeared later, it shall be compensated from the day of its appearance.

2. Where the persons who have the right to compensation for damage apply for such compensation after a lapse of three years from the day when the damage was sustained, the compensation shall be paid from the day it was applied for.

3. Damages owed to the aggrieved person for mutilation or any other impairment of health sustained, as well as for fatal damage shall be compensated by periodical payments or in the form of a lump sum payment. Where the damage is compensated by periodical payments, these instalments shall be indexed in accordance with the conditions established by laws.

Article 6.289. Compensation for damage after the termination of a legal person or after the death of a natural person obliged to compensate for the damage

1. In the event of a reorganisation of a legal person obliged to compensate for the damage which has caused impairment of health of a natural person or loss of his life, all claims for the compensation of the damage indicated above shall be placed upon the successor of the rights of the reorganised legal person. Where a state or municipal enterprise or institution is liquidated, the obligation to compensate for the damage shall be transferred to the state or the municipality. In the event of death of the natural person obliged to compensate for the damage, claims for the compensation of the damage shall be placed on the heirs of the deceased. The latter shall satisfy such claims in accordance with the rules established in Book Five of this Code.

2. Where a legal person, obliged to compensate for the damage resulting from the injury to a natural person’s health or from a natural person’s death, is liquidated, the respective sums for compensation of damage shall be capitalised by an immediate recovery of a concrete lump sum in accordance with the procedure established by laws, or by concluding a contract of insurance.

Article 6.290. Imputation of social insurance payments

1. Payments of social insurance awarded in cases of impairment of health or death shall be included into the amount of the repairable damage.

2. Payments of voluntary insurance shall not be included into the amount of the repairable damage.

3. Institutions of social insurance which have paid insurance payments, shall acquire the right of recourse against the person by whom the damage was caused, except in the cases where insurance premiums on behalf of the aggrieved person were paid by the same person who caused the damage.

Article 6.291. Compensation of funeral expenses

1. In the event of death of the aggrieved person, the person liable for the damage which is related with the death shall be obliged to compensate the expenses for the funeral to the person who incurred those expenses. Only such funeral expenses that conform to the criterion of reasonableness shall be subject to compensation.

2. Funeral allowance payable in the cases established by laws shall be included into the funeral expenses.

SECTION FOUR

LIABILITY TO COMPENSATION FOR DAMAGE CAUSED BY DEFECTS OF PRODUCTS OR SERVICES

Article 6.292. Liability of a producer and a supplier of services

1. A producer or a supplier of services shall be bound to compensate for damage caused by defective products or defective services.

2. A “producer” means the manufacturer of a finished product, a component part of a product or of raw materials, the supplier of services or any other person who by marking the product (services) with his name, trade mark or any other distinctive sign indicates himself as a manufacturer (supplier of services).

3. Any person who in effectuation of his commercial activity imports into the territory of the states of the European Economic Area a defective product with the aim of selling, leasing or distributing it in any other way shall be held liable as a producer.

4. In the event where it is impossible to identify the producer of a product, any person involved in the sale of the product shall be regarded as producer unless he provides within a reasonable time the aggrieved person with information about the producer or the supplier of the product. This rule shall also apply in the cases where a product was imported into the Republic of Lithuania without its importer being indicated though the producer of the imported product is known.

5. Provisions of this Section shall apply only where the products (services) are obtained for the purposes of consumption but not for commercial purposes.

Article 6.293. Definition of a product and services

1. For the purposes of this Section, “a product” means any movable thing (property), including primary agricultural products and game, as well as a movable thing (property) incorporated into another movable or immovable thing. Electricity shall also be regarded as a product.

2. For the purposes of this Section, “a service” means any activity by which a concrete material or non-material need of a consumer is being satisfied, with the exception of health services, legal services, education services, heating, gas and water supply, waste water disposal and transport services.

Article 6.294. Definition of defectiveness

1. A product (services) shall be considered defective if it does not conform to the safety requirements which a consumer could reasonably expect thereof. Whether a product (services) is defective or not shall be determined on the basis of the following criteria:

1) given characteristics (advertisement) of a product (services);

2) whether a product (services) may be used for the intended purpose;

3) time when a product (services) was put into circulation;

4) defects of the construction or composition of a product (services), or any other defects thereof;

5) other circumstances.

2. A product can not be considered of defective quality for the sole reason that a better product has subsequently been put into circulation.

Article 6.295. Conditions of liability

Damage shall be compensated if the aggrieved person proves the occurrence of damage, existence of defects in the product (service) and the causal link between the defects and the damages.

Article 6.296. Solidary liability

Where damage results from the actions performed by several persons (e.g., those of the producer of a defective product and a person who incorporates the defective product into another product), they shall all be held solidarily liable.

Article 6.297. Fault of an aggrieved person

In the event where the aggrieved person himself or the person who has the right to claim damages contribute through their fault to the arising or increasing of the damage, the amount of damage subject to compensation may be reduced or the recovery of the damage may be excluded at all, taking into account all the circumstances of the case.

Article 6.298. Exemption from liability

1. The producer shall be exempted from liability if he proves that:

1) the product was not put into circulation by him;

2) taking into consideration the circumstances, there are grounds to presume that the product was not of inferior quality at the time when it was put into circulation, or that its quality deteriorated later;

3) the product was manufactured not for the purposes of sale, lease or for any other form of commercial distribution, nor it was manufactured or distributed in the course of the producer’s business activities;

4) the defect of quality of the product resulted from the observance of mandatory rules established by the corresponding state institutions;

5) at the time of putting the product into circulation, the level of scientific and technical knowledge was not sufficient to identify the defect of quality;

6) the product manufactured by him was incorporated into another product and the damage occurred because of the construction of the other product, or because of the instructions for use provided by the producer of the whole product.

2. The liability of the producer shall not be reduced if the damage has been caused by both the defectiveness of the product and by the conduct (active or passive actions) of a third person.

3. The liability of the producer may be reduced or he may be exempt from liability if, taking into account all the circumstances, damage has been caused by both the defectiveness of the product and the fault of the aggrieved person or that of another person for whom the aggrieved person is responsible.

4. Laws may lay down other conditions for exemption of a service supplier from liability than those laid down in paragraph 1 of this Article.

Article 6.299. Damage subject to compensation

1. For the purposes of this Section, the notion “damage” means:

1) damage caused by homicide or health impairment, including non-pecuniary harm;

2) damage caused to the aggrieved person’s property which was intended and normally used to satisfy personal needs, with the exception of the defective product itself, where the amount of the caused damage is not less than the sum equivalent to EUR 500 according to the rate of EUR and LTL officially announced pursuant to the procedure laid down by law. This sum shall not apply when the damage is caused by defective services.

2. The provisions of this Section shall not apply to compensation for nuclear damage.

Article 6.300. Prescription

1. Actions for compensation of damages (damage) caused by the consumption of defective products (services) shall be prescribed by the lapse of three years from the day on which the aggrieved person became or should have become aware of the damage caused to him, the defect and the identity of the producer.

2. The right to bring an action referred to in Paragraph 1 of this Article shall be extinguished by the lapse of ten years from the day on which the defective product that caused the harm was put into circulation by the producer.

SECTION FIVE

COMPENSATION OF DAMAGE RESULTING FROM MISLEADING ADVERTISING

Article 6.301. Concept of misleading advertising

1. For the purposes of this Section, “misleading advertising” means any information related to economic-commercial, financial or professional activities which is promulgated in any form and by any means of conveyance with the aim to promote sales (supply) of goods or services, including sales (supply) of immovable property, rights and obligations, where such information in any way, including the manner of its presentation, deceives or is likely to deceive the persons to whom it is addressed or whom it reaches, and which causes damage by reason of its deceptive nature.

2. In determining whether the advertising which has caused damage is misleading, account shall be taken of its truthfulness, comprehensiveness and the criteria of its presentation:

1) propositions presented in advertising shall be incorrect if the advertiser cannot prove their truthfulness at the moment of their announcement. The adequacy of data to prove the truthfulness of propositions shall be decided on a case-by-case basis taking into consideration concrete circumstances of the case. Testimony of persons whose activities are not related with the promulgated information shall not be considered adequate data to prove the truthfulness of that information;

2) information communicated in an advertisement shall not be considered comprehensive if a certain element of information is omitted which, taking into account other information presented in that advertisement, is necessary in order to avoid deception of the consumers of advertising;

3) the advertising is presented in such a manner and form which enables its consumers to perceive an inferred misleading proposition in that advertisement;

4) taking into account the manner and form of advertising, the consumers of advertising conclude that the communicated information is truthful and comprehensive and make such decisions which can be expected in the relevant circumstances from ordinary consumers of advertising.

3. In determining whether advertising is misleading, account shall be taken of the information it contains concerning:

1) the advertiser or another person, their activity, registered office, firm name, trade or service mark, copyright or neighbouring rights, patents, licences, etc.;

2) goods and services: their origin or the place of production, identity, experience or qualification of the producer or the supplier of services, date and method of manufacture, purpose, quantity, composition, energy value, uses, fitness for designation and suitability for consumption (use), date, place and method of tests or checks carried out on the goods or services, ways of consumption (use), compliance of goods (services) to the established standard, certification, official acknowledgement and awards at fairs and exhibitions, distinctions, awards or prizes awarded to the supplied goods or services; likewise the used scientific or professional terms, technical or statistical data of experiments, etc.

3) conditions under which goods are supplied (or services provided) and used: the price or the manner in which the price is calculated, terms of payment, guarantees, terms of supply, change, repair, maintenance or return, the volume of sale and supply, the reason or purpose of a special offer, etc.

4) comparison of goods and services with other goods or services.

Article 6.302. Subject of liability

1. Damage resulting from misleading advertising shall inflict liability either on the advertiser, producer, intermediary or publisher of advertising.

2. The advertiser shall be liable unless he proves that the damage has resulted not through his fault.

3. The advertiser, intermediary in advertising, or publisher shall be liable for damage resulting from misleading advertising only in that event if they knew or should have known that the advertising was misleading or that the consumers were deceived by their actions in producing and publishing the advertisement, or if the producer, the intermediary or the publisher of the advertisement fail to prove the identity of the advertiser (producer).

Article 6.303. Conditions of liability

Persons indicated in Article 6.302 of this Code shall be liable for damage resulting from misleading advertising unless they prove that the published information corresponds to reality, and that there is no fault of theirs in relation to the content or presentation of the information and the occurrence of damage.

Article 6.304. Prohibition and denial of misleading advertising

Upon the request of the interested persons, the court hearing the case on the compensation for damage may order prohibition of further promulgation of misleading advertising or the prohibition of misleading advertising which has not yet been published but publication of which is imminent; the court may likewise order to publish an adequate denial of the misleading advertising.

PART FOUR

NOMINATE CONTRACTS

CHAPTER 23

PURCHASE-SALE

SECTION ONE

GENERAL PROVISIONS

Article 6.305. Concept of the Contract of Purchase-Sale

1. A contract of purchase-sale is a contract by which one person (the seller) obligates himself to transfer ownership or trust of the thing (good) to another person (the buyer) and the latter obligates himself to accept the thing (good) in exchange of a fixed money consideration (price).

2. The provisions of this Chapter shall also be applicable to the purchase-sale of securities, currency, unless other laws establish special rules of the purchase-sale thereof.

3. Specific peculiarities of purchase-sale of things (goods) of certain types may be established by the relevant laws.

4. The provisions of this Chapter shall apply to the purchase-sale of the rights of property to the extent this is in conformity with the origin and essence of the said rights.

Article 6.306. Subject Matter of Contract of Purchase-Sale

1. The things which form the subject matter of a contract of purchase-sale may be either existing things, owned or possessed by the seller, or things to be manufactured or acquired by the seller in future, securities and other things or property rights.

2. Yield, crop and other future goods things may also form the subject matter of a contract of purchase-sale.

3. The subject mater of a purchase-sale contract may be characterised both by individual characteristics and by its kind.

4. The term of a contract of purchase-sale regarding the subject matter of the contract shall be deemed to have been agreed provided the contents of the contract allows to determine the name and quantity of the thing/good.

Article 6.307. Sale of the Thing of another

1. A contract of purchase-sale under which the thing is sold by a person other than the owner or than a person charged with its sale or authorised to sell it by the owner or entitled under law to sell it may be declared null on the basis of an action filed by the owner, manager or buyer.

2. Such contract of purchase-sale may not be declared null if the seller becomes the owner of the thing sold during the performance of the contract.

3. Where the contract is declared null on the ground provided in paragraph 1 of this Article, the thing shall be returned to the owner, except in the cases provided in Article 4.96 of this Code.

Article 6.308. Prohibition to Buy or Sell a Thing

1. A person charged with the sale of a thing of another may not acquire such thing, even through an intermediary, save for the exceptions established by laws. The same prohibition applies to a person charged with administration of property of another according to the provisions of Title Four of this Code.

2. Furthermore, to a person charged with administration of property of another may not sell his own property for a price paid out of the property which he administers.

3. Persons specified in paragraphs 1 and 2 of this Article may not apply for the annulment of the contract of purchase-sale concluded in violation of the rules laid down in this Article.

Article 6.309. Promise of Sale or of Purchase

1. The promise of sale of a thing with delivery thereof to the future buyer for actual possession is equivalent to purchase-sale of the thing.

2. Any amount paid on the occasion of a promise of sale is presumed to be a deposit (in advance) on the price unless otherwise agreed buy the parties.

3. Failure by the promissor, whether he be the seller or the buyer, to execute the deed in the form prescribed by laws entitles the beneficiary of the promise to obtain a judgement in lieu thereof.

Article 6.310. Expenses Incidental to the Formation of a Contract of Purchase-Sale

1. Unless the parties agree otherwise, the expenses incidental to the formation of a contract of purchase-sale shall be assumed by the buyer.

2. The expenses of delivery of the things, weighing and calculating (checking the quantity) thereof shall be assumed by the seller, unless otherwise agreed by the parties.

3. The expenses incidental to the acceptance of the things, the drawing up of the deed of transfer-acceptance thereof shall be assumed by the buyer.

Article 6.311. Form of the Contract of Purchase-Sale

The form of the contract of purchase-sale shall be established by the rules set for the form of conclusion of transactions. Laws may prescribe special rules for the formation of certain contracts of purchase-sale.

Article 6.312. Contract of Purchase-Sale Imposing a Condition concerning the Use of the Thing being Sold

1. The person who is a seller of a thing may include a clause in the contract stipulating that the thing must be used for a certain purpose, without infringing the rights and lawful interests of other persons.

2. In the event of breach by the buyer of the above condition imposed by the contract of purchase-sale, the seller shall be entitled to bring an action for the fulfilment of the condition or for dissolution of the contract, recovery of the thing and damages.

Article 6.313. Price

1. The price of the thing being sold shall be fixed in cash by agreement between the parties.

2. Where the price is not fixed in the contract of purchase-sale either expressly or impliedly, or the manner for fixing the price is not agreed by the contract, it shall be considered, unless otherwise agreed by the parties, that the parties have impliedly made reference to the price generally charged at the time of the conclusion of the contract for such thing sold under comparable circumstances in the trade concerned and, where the price is non-existent, the price meeting the criteria of reasonableness.

3. Where the price must be fixed according to the weight of the things, it shall be determined by the net weight, unless otherwise agreed by the parties.

4. If the price is to be fixed by one of the parties and the price fixed in the said manner clearly fails to meet the criteria of reasonableness, the price in the contract must be replaced by a price meeting the criteria of reasonableness regardless of the agreement between the parties.

5. Where the price is to be fixed by a third person, but he does not or cannot fix the price, the price which meets the criteria of reasonableness shall be deemed to be the price of the contract.

6. Where the price is to be fixed on the basis of criteria which are non-existent or have disappeared or which cannot be established, the price shall be fixed on the basis of the criteria of the closest value.

7. Where the contract provides that the price must be changed having regard to certain indices affecting the price (cost, expenses, etc.) without, however, referring to the procedure for price change, the price shall be determined according to the ratio of the indices at the moment of conclusion of the contract and delivery of the thing. If the seller delays delivery of the thing, the price shall be fixed according to the ratio of the said indices at the moment of conclusion of the contract and delivery of the thing provided in the contract.

Article 6.314. Payment of Price

1. Unless bound to pay the price at a specified place, the buyer must pay the seller the price at the place of delivery of the thing.

2. Unless bound to pay the price at a specified time, the buyer must pay the price at the time of delivery under the contract or this Code of the thing or documents of disposal thereof to the buyer.

3. The buyer is not obligated to pay the price before he has had an opportunity to examine the things, except where the agreement between the parties provides otherwise.

4. Unless otherwise provided by the contract, the buyer must pay the entire price in a lump sum.

5. If the buyer fails to pay for the things delivered to him by the set date, the seller shall be entitled to demand payment of the price and interest prescribed by law or under contract.

6. If the buyer refuses to accept delivery of the thing and to pay the sale price, the seller may, at his discretion, demand from the buyer the payment of the price refuse to perform the contract.

7. Where the seller is bound under contract to deliver to the buyer not only the things for which the buyer has not yet paid the price, but also other things, the seller may suspend the delivery of the latter things until the buyer pays the whole of the price of the previously delivered things, unless otherwise provided by law or the contract.

Article 6.315. Payment for the Thing in Advance

1. Where the contract provides that the buyer is bound to pay a part or the whole of the price in advance of delivery of the thing (advance payment), the buyer must pay the price at the date set in the contract.

2. If the buyer is in default to pay the price in advance, the seller shall be entitled to suspend the performance of the contract.

3. Where the seller, having received the advance payment, fails to deliver the thing to the buyer at the fixed date, the latter shall be entitled to demand from the seller delivery of the thing or restoration of the amount paid.

4. The seller who, after receipt of an advance payment, fails to deliver the thing to the buyer by the fixed date, is bound to pay interest on the received amount fixed by law or under the contract, unless otherwise provided by the contract. The seller owes interest from the day he was bound to deliver the thing and shall be bound to pay it until the day the buyer is actually delivered the thing or restored the price.

Article 6.316. Insurance of the Thing

1. The contract of sale may obligate the seller or the buyer to insure the thing.

2. Where the party which is bound to insure the thing fails to perform the obligation, the other party shall be entitled to insure the thing and claim reimbursement for the expenses incidental to insurance or repudiate the contract.

SECTION TWO

GENERAL OBLIGATIONS AND RIGHTS OF THE SELLER

Article 6.317. Obligation of the Seller to Deliver the Things

1. The seller is bound under the contract of purchase-sale to deliver the things to the buyer, i.e. put the things into the buyer’s possession by the right of ownership (trust) and to warrant ownership of the things and the quality thereof.

2. The seller’s warranty (guarantee) of ownership and quality of the things exists of right whether or not these warranties are stipulated in the contract of purchase-sale (warranty under law).

3. Unless otherwise provided by the contract, the seller is bound to deliver the things together with all their accessories in condition it is at the time of formation of the contract of purchase-sale.

4. The obligation to deliver the things shall be deemed performed when the seller puts the buyer in possession of the things or consents to his taking possession of it and all hindrances are removed.

5. Delivery expenses are assumed by the seller, unless the contract provides otherwise.

6. Where under the contract of purchase-sale the buyer is bound to pay the price after delivery of the things, the seller is not bound to deliver the things if the buyer has become insolvent since the sale.

Article 6.318. Place and Time of Delivery of the Things and Documents

1. Together with the seller is bound to surrender to the buyer the related documents and the titles of ownership in his possession, where this is prescribed by the contract or this Code. If the seller himself needs the above documents for enforcing other rights not related to the things sold, the seller is bound to deliver to the buyer copies of the documents validated in the established manner.

2. If the seller is not bound to deliver the things at any other particular place, his obligation to deliver consists:

1) if the contract of purchase-sale involves carriage of the things - in handing the things over to the first carrier for transmission to the buyer, unless otherwise provided in the contract;

2) if, in cases not within subparagraph 1, the contract relates to specific things to be drawn from a specific stock or to be manufactured, and at the time of the conclusion of the contract the parties knew thereof - in placing the things at the disposal of the buyer or the person indicated by him at the place of the reserve or manufacture;

3) in the cases not specified in subparagraphs 1 and 2 above --in placing the things at the buyer's disposal at the place where the seller had his place of business or residence at the time of the conclusion of the contract or where the things are transmitted to the person indicated by the buyer.

3. The fruits and revenue from the things belongs to the buyer from the time of delivery of the things.

Article 6.319. Time Limit of Delivery of the Things

1. The seller is bound to deliver the things at the time provided in the contract of purchase-sale. Where the time of delivery is not specified in the contract, the things are bound to be delivered within a reasonable time after the conclusion of the contract of purchase-sale. In this case Article 6.53 of this Code shall apply accordingly.

2. The contract shall be deemed to state a condition prescribing the performance thereof at the fixed time, if the contract explicitly indicates that the seller, who is in breach of the time limit, shall forfeit interest in the contract. Where the contract contains such a condition, the seller shall be entitled to perform the contract by the expiration of the time limit or after the expiration thereof only where the buyer grants his consent.

Article 6.320. Risk of Accidental Perishing of or Damage to the Things

1. Unless the contract of purchase-sale provides otherwise, the risk of accidental perishing of or damage to the things shall pass to the buyer from the moment when the seller is deemed under the contract or law to have been duly discharged of his duty to deliver the things, regardless of the time of passing of the right of ownership.

2. The risk of accidental perishing of or damage to the things sold during the carriage thereof shall pass to the buyer from the time the contract of purchase-sale is made, unless the contract or custom of the trade provide otherwise.

3. The condition of the contract that the risk of accidental perishing of or damage to the things passes to the buyer after the handling of the thing to the first carrier, may be recognised as null and void at the buyer’s request if at the time of entry into the contract of purchase-sale the seller knew or should have known that the things had perished or had been damaged, however, he did not notify the buyer thereof.

4. If the things perished or were damaged after its sale through no fault of the seller, the buyer must pay the price to the seller. The above rule shall also apply in cases where the seller was unable to deliver the things to the buyer due to the latter’s insufficient co-operation with the seller and for this reason was in breach of the contract.

5. Where the subject matter of contract are things characterised by description of the kind of the things and the buyer refuses to accept the things or is otherwise in breach of the contract, the risk of accidental perishing of or damage to the things shall transfer to the buyer from the moment when the seller identifies the things and notifies the buyer thereof.

6. If the buyer brings a justified action for the nullity of the contract or replacement of the things, the risk of accidental perishing of or damage to the things shall be borne by the seller.

7. If the risk of accidental perishing of or damage to the things stays with the seller even after the delivery thereof to the buyer, the seller shall be liable for the perishing of or damage to the things, even though this might have been caused by reason of the actions of the buyer. However from the moment the buyer could have reasonably foreseen that he had to return the things to the buyer he shall be responsible for the safekeeping thereof.

Article 6.321. Seller’s Duty to Give Warranty of Ownership of the Things

1. The seller is bound to warrant the buyer that the things delivered is free from any right or claim of any third party, unless the buyer agreed in advance to accept the things subject to that right or claim, whereas the seller gave a due notice thereof to the buyer.

2. The seller is bound to discharge the things of all pledge (hypothecs) irrespective of the registration of the pledge or hypothec, unless the buyer, after he has been given notice by the seller of the encumbrances, agrees to buy the things.

3. The seller is bound to warrant the buyer that the delivered things have not been seized and is not an object of a legal action, also that the seller has not been deprived of the right to dispose of the things or that there are no encumbrances.

4. The seller of an immovable thing is a warrantor towards the buyer for any violation or restrictions of public law affecting the thing which are exceptions to the ordinary law of ownership.

5. Where at the time of the sale the seller has duly given notice to the buyer of the encroachment by the third persons on the things being delivered or of these encumbrances or where such rights of the third persons or such encumbrances have been registered in the public registers, the buyer may not invoke the circumstance that the seller has breached his obligation.

6. Where the seller breaches his obligations specified in paragraphs 1 - 4 of this Article, the buyer is entitled to demand reduction of the price or to rescind the contract, unless the seller proves that the buyer was aware or could not be unaware of the rights of the third persons to the things or these encumbrances.

Article 6.322. Obligations of the Seller and the Buyer in Case of an Action being Brought by the Third Party for the Taking of the Thing

1. Where an action for the taking of the thing is brought against the buyer by a third person on the grounds which appeared before the performance of the purchase-sale contract, the buyer must bring the seller to be a party to the suit and the seller must join in the suit on the part of the buyer.

2. If the buyer fails to bring the seller to be a party to the suit, the seller shall be exempt from liability with respect to the buyer, if he proves that by taking part in the suit he would have impeded taking of the sold thing from the buyer.

3. The seller brought by the buyer to be a party to the suit but did not participate therein, shall forfeit the right to argue that the buyer improperly performed the procedural steps.

Article 6.323. Seller’s Liability where the Sold Thing is Revendicated against the Buyer

1. Where the court revendicates against the buyer the thing sold on the grounds which appeared due to non-performance of the contract, the seller must restore the price and pay the damages suffered by the buyer, unless the seller proves that the buyer was aware or could not have been unaware of the grounds.

2. Agreement between the parties to exclude or limit the liability of the seller shall be null and void if the seller, being aware that the third person has rights to the thing under sale, fails to notify the buyer thereof.

Article 6.324. Consequences of Failure to Perform the Obligation to Deliver the Thing

1. If the seller refuses without a good reason to deliver the thing to the buyer, the latter shall have the right to refuse to perform the contract of purchase-sale and claim damages.

2. Where the seller refuses to deliver specific thing, the buyer may resort to remedies provided in Article 6.60 and 6.213 of this Code.

Article 6.325. Consequences of Failure to Perform the Obligation to Deliver Fixtures, Accessories, and Deeds

1. In case of failure or refusal by the seller to deliver to the buyer the fixtures, accessories or deeds that he is bound to deliver under the contract or pursuant to law, the buyer shall have the right to fix a reasonable time limit for the seller to perform the obligation.

2. Where the seller fails to perform his obligation within the time limit fixed by the buyer, the buyer shall have the right to refuse acceptance of the thing, unless otherwise provided by the contract.

Article 6.326. Seller’s Obligation to Preserve the Sold Thing

1. Where the right of ownership or trust passes to the buyer before the delivery of the sold thing, the seller is bound to preserve the thing and prevent the thing from deteriorating.

2. The buyer must reimburse the seller’s expenses incidental to preservation of the thing, unless the contract provides otherwise.

Article 6.327. Requirements in respect of the Thing

1. The thing which is being sold must be of the quantity, quality and other description required by the contract or, where the contract contains no specific requirements, correspond to the regular requirements.

2. The seller shall not be liable under paragraph 1 of this Article for any lack of conformity of the thing if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lack of conformity.

3. The seller shall be liable under the contract and this Code for any lack of conformity which exists at the time when the right of ownership passes to the buyer, even though the lack of conformity becomes apparent only after that time.

4. The seller shall be also liable for any lack of conformity which occurs after the time indicated in paragraph 3 of this Article and which is due to a breach of any of the seller’s obligations, including a breach of any guarantee that for a period of time the things will remain fit for their ordinary purpose or for some particular purpose or will retain specified qualities or characteristics.

5. The buyer shall forfeit the right to rely on a lack of conformity of the things if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered or ought to have discovered it.

Article 6.328. Right to Examine the Thing

1. Unless otherwise agreed by the parties, from the moment of entry into the contract or presentation of the offer, before making the payment or before accepting the thing the buyer shall have the right to examine the thing at any place, at any time or in any manner which correspond to the criteria of reasonableness.

2. Unless otherwise agreed by the parties, the thing examination expenses shall be assumed by the buyer. The buyer shall have the right to claim reimbursement by the seller of the examination expenses if it is determined during the examination that the thing does not correspond to the requirements put to it.

Article 6.329. Quantity of Things

1. The quantity of things which the seller is bound to deliver to the buyer shall be established in the contract of purchase-sale in units of weight, quantity, volume or other units or in monetary terms. The contract condition regarding the quantity of the things may be agreed by the parties, establishing in the contract only the procedure for determining the quantity. Where the performance of the contract has been initiated, the contract shall be deemed concluded in respect of the quantity of things actually accepted by the buyer.

2. Where the quantity of the things subject to be delivered cannot be determined from the contents and interpretation of the contract, the contract of purchase-sale shall be deemed not to have been concluded.

Article 6.330. Legal Consequences of Breach of the Contractual Condition relating to the Quantity of the Things

1. If the seller delivers to the buyer a quantity of things less than that determined in the contract of purchase-sale, the buyer shall be entitled, unless the contract provides otherwise, either to demand the buyer makes up any deficiency in the quantity or to reject the delivered things and refuse to pay the price or, where the price has already been paid, to claim recovery of the price and damages.

2. Where the seller delivers to the buyer a quantity of things greater than that determined in the contract of purchase-sale, the buyer must give notice thereof to the seller within the time limit specified by laws or in the contract or, where there is no fixed time limit - within a reasonable time. If, upon receipt of the buyer’s notice, the seller fails to notify within a reasonable time of further actions that should be taken, the buyer shall have the right to take delivery of all things or refuse to take the excess quantity, unless otherwise provided in the contract.

3. If the buyer takes delivery of all or part of the excess quantity, he must pay for it at the contract rate, unless otherwise agreed by the parties.

Article 6.331. Range of Things

1. Where it is determined in the contract of purchase-sale that the seller is bound to deliver things of specific sort, model, size, colour or property characterised by other description (range of things), the seller must deliver things which are in conformity with the range of things agreed between the parties.

2 Where neither the range of things nor the procedure of determination thereof is specified in the contract, but it is evident from the contents and substance matter of the contract that the things must conform with a certain range, the seller is bound to deliver to the buyer things of the range that would conform with the needs of the buyer of which the seller is aware of at the moment of entry into the contract or may repudiate the contract.

Article 6.332. Legal Consequences of Breach of the Conditions concerning the Range of Things

1. Where the seller delivers to the buyer things which do not conform with the range provided in the contract of purchase-sale, the buyer shall have the right to refuse to accept delivery and give payment for it or, if the payment has already been made, demand restoration of the price paid, unless the contract provides otherwise.

2. Where the seller delivers to the buyer both the things which conform with the range and those which do not, the buyer shall be entitled to choose:

1) to accept the delivery of the things which conform with the range and refuse accepting the non-conforming things;

2) to refuse to accept the entire delivery;

3) to demand replacement of the things which do not conform with the range with the things provided in the contract;

4) to accept the entire delivery.

3. Where the buyer refuses to accept the things which do not conform with the range or demands replacement thereof, he shall have the right to refuse to pay the price of the said things or, where the payment has already been maid, to demand restoration of the price paid.

4. The things which do not conform with the range shall be deemed accepted if the buyer fails, within a reasonable time after the receipt thereof, to give notice to the seller of his refusal to accept the things.

5. If the buyer does not refuse to accept the things which do not conform with the range, he is bound to pay for the delivery the price agreed with the seller. Where the seller fails through his own fault to agree with the buyer upon the price within a reasonable time, the buyer is bound to pay for the things at the rate usually paid at the moment of conclusion of the contract under analogous circumstances for analogous things.

6. The rules laid down in this Article shall be applied to the extent the contract of purchase-sale does not provide otherwise.

Article 6.333. Quality of Things

1. The seller is bound to deliver to the buyer things, the quality whereof meets the conditions of the contract of purchase-sale and the requirements of the documents determining the quality of things. The seller shall be liable for the defects of the things provided the buyer proves that the defects appeared before the delivery of the things or due to reasons which appeared before the delivery of the things.

2. The laws or the contract may provide for the seller’s obligation to warrant the buyer that the things meet the conditions of the contract and to warrant, at the moment of conclusion of the contract, against any latent defects which render them unfit for the use for which the things were intended or which so diminish their usefulness that the buyer would not have bought it or paid so high a price had he been aware of them. The seller is not bound, however, to warrant against any latent defect known to the buyer or any apparent defect that can be perceived by a prudent and diligent buyer without any need of expert inspection.

3. If the seller warrants the quality of the things, he shall be liable for the defects thereof unless he proves that the defects appeared after the delivery of the things to the buyer due to improper use or violation of the rules of preservation thereof or through the fault of third persons or as a result of superior force.

4. Where the quality of the things is not agreed upon in the contract, the seller is bound to deliver them to the buyer in the condition fit for the use for which it is usually intended. If, however, at the time of conclusion of the contract the buyer made known to the seller the particular purpose for which he buys the things, the seller must deliver to the buyer things of such quality which would make the things fit for the particular purpose.

5. Where the contract is concluded according to a sample, model or description, the seller is bound to deliver to the buyer things which correspond with the sample, model or description, except for the derogations considered in the contract.

6. The things shall be deemed not to meet quality requirements if they lack the qualities which the buyer could have reasonably expected, i.e. which are necessary for the things to be fit for the purpose they would ordinarily be used or for a particular purpose.

7. The things shall be deemed not to conform with the contract if the quantity, volume or weight of the things does not conform with the conditions of the contract or things of the kind other than that agreed in the contract have been delivered.

8. Sale under judicial authority does not give rise to the seller’s obligation to warranty the quality of the sold things, whereas the buyer may not refer to the sale of things not of the quality required by the contract, except where the seller was aware of the defects of the things sold.

9. Where the rights of succession are sold without specifying the property, the seller is bound to warranty only that he is the successor.

10. The producer, distributor, supplier, importer or any other persons distributing the things in his own name is bound to give a warranty of the quality of the things, provided for in paragraph 2 of this Article.

Article 6.334. Rights of Buyers of Things of Unsatisfactory Quality

1. Where the things sold do not correspond to the quality requirements and the seller did not discuss the defects with the buyer, upon buying things of unsatisfactory quality the buyer shall be entitled to demand, at his own choice;

1) to replace the thing which is characterised in the contract by its kind by the thing of satisfactory quality unless the defects are minor or appeared due to the fault of the buyer;

2) to reduce the purchasing price;

3) that the seller eliminates the defects within a reasonable time without any additional payment or reimburses the buyer’s expenses for the elimination of defects if these may be eliminated;

4) to restore the price and repudiate the contract, where the sale of things of unsatisfactory quality is an essential breach of contract.

2. If the bought things perished by reason of a latent defect that existed at the time of conclusion of the contract of purchase-sale, the seller is bound to restore the price. If the loss results from superior force, or is due to the fault of the buyer, the buyer shall deduct from his claim the value of the things in the condition they were in at the time of the loss.

3. If the things perished by reason of a latent defect of which the seller was aware or could not have been unaware, he is bound not only to restore the price, but also to pay all damages suffered by the buyer.

4. The conditions of the contract excluding or limiting the seller’s liability for the defects of the things shall be null and void unless he has disclosed to the buyer the defects of which the seller was aware or could not have been unaware or in the case where a buyer buys things at his own risk from a seller who is not a professional seller.

Article 6.335. Period of Warranty of Quality of Things

1. The law or the contract may provide that the warranty of quality of things given by the seller is valid for a certain period of time. In this case the warranty shall be valid for all its component parts unless otherwise established by the law or the contract.

2. The period of warranty shall start to run from the moment of delivery of things unless the contract provides otherwise.

3. Where obstacles within the seller’s control prevent the buyer from using the things for which a period of warranty of quality has been set, the warranty period shall not run until the seller removes the obstacles.

4. Unless otherwise determined in the contract, the period of warranty shall be extended for the period the buyer was unable to use the things due to the defects, provided the buyer duly notified the seller of the perceived defects.

5. The component parts shall have the same period of warranty of quality as the principal thing, which shall commence to run together with the period of warranty of quality of the principal thing, unless otherwise provided by the contract.

6. If the seller replaces a thing or its component part with a fixed period of warranty of quality, the period of warranty of quality that has been fixed for the replaced thing or its component part shall be applied with respect to the thing or the component part presented in replacement, unless the contract provides otherwise.

Article 6.336. Period of Fitness for Use of Things

1. Law or other legal statutes may fix periods of time upon the expiration whereof relevant items of things shall be deemed unfit for their ordinary purpose (time period of fitness for use). In such cases the producer, importer, seller or any other person who distributes the things in his own name must explicitly indicate the period of fitness for use of the things.

2. A thing for which the period of fitness for use has been fixed must be delivered to the buyer by the seller within the time limit which would allow the buyer to use the thing for the purpose before the expiration of the period of its fitness for use.

3. The period of fitness for use shall be fixed by indicating the date of manufacture of the thing and the period of time running from the said date during which the thing is fit for use or by indicating the specific calendar day of expiration of its fitness for use period.

Article 6.337. Inspection of Quality of Things

1. The laws or the contract of purchase-sale may prescribe mandatory inspection of quality of the things and the procedure and time limits for performing the inspection.

2. Unless the procedure and time limits of quality inspection the things are established by laws or the contract, the inspection of quality of the things must be made within a reasonable time period and according to usually applied terms and conditions of the quality inspection of things and custom of the trade.

3. Where the laws or the contract of purchase-sale provide for the seller’s duty to inspect the quality of the things which are delivered to the buyer (trial, examination, measurement, etc.), the seller is bound to hand over to the buyer documents certifying the performance of the quality inspection of the things together with the things.

Article 6.338. Time Limits for Filing Claims regarding the Defects of the Sold Things

1. Unless the contract or laws establish otherwise, the buyer shall have the right to file claims regarding the defects of the things sold, provided they were established within the time period specified in this Article.

2. Where the time period of warranty of quality or fitness for use of the item of the thing has not been established, the buyer may file claims regarding the defects of the thing within a reasonable time but not later than within two years from the day of sale of the thing, unless a longer time period is provided by law or the contract. The time period for filing claims in respect of the defects of the thing transported or conveyed by post shall run from the day of arrival of the thing to the appointed destination.

3. Where the time period of warranty of quality of the thing has not been fixed, claims regarding the defect of the thing may be filed provided the defects are established within the period of warranty. If the period of warranty of quality valid for the component parts is shorter than the period of warranty of quality of the principal thing, the claim regarding the defects of the component part may be filed within the period warranty of quality of the principal thing. Where a period of warranty of quality applied in respect of the component part is longer than that of the principal thing, a claim regarding the defects of the component part discovered within the period of warranty may be filed regardless of the expiration of the period of warranty of quality of the principal thing.

4. The buyer may file claims regarding a thing, in respect of which a time period of fitness for use has been fixed, provided the defects are discovered within the time period of fitness for use of the thing.

5. Where the period of warranty of quality fixed for a thing in the contract is less than two years and the defects of the thing are discovered after the expiration of the time period but not after the lapse of two years from the day of delivery of the thing, the seller shall be liable for the defects of the thing if the buyer proves that the defect appeared before the delivery of the thing or due to the reasons which appeared before the delivery and for which the seller is liable.

Article 6.339. Completeness of Things

1. The seller is bound to deliver to the buyer things which are in conformity with the conditions of the contract of purchase-sale, laying down the requirement of completeness of things.

2. If the completeness of things is not referred to in the contract, the seller is bound to deliver things complete with all accessories so that they would be consistent with the custom of the trade and the usually set requirements.

Article 6.340. Complete Set of Things

1. If the contract of purchase-sale provides for the seller’s duty to deliver to the buyer a certain assortment of things constituting a set (set of things), the seller shall be deemed to have fulfilled his obligation only provided he delivers all items constituting the set.

2. The seller is bound to deliver to the buyer all items of the set at the same time, unless under the contract or according to the specifics of the obligation the contract may be performed otherwise.

Article 6.341. Legal Consequences of Delivery of Incomplete Things

1. In case of delivery by the seller of incomplete things, the buyer has the right to demand, at his choice:

1) reduction of the price of the thing;

2) delivery by the seller of the missing accessories within a reasonable time.

2. Where the seller fails to deliver the missing accessories within a reasonable time, the buyer shall be entitled, at his choice, to:

1) demand that the incomplete things be replaced with complete things;

2) refuse to perform the contract and demand restoration of the price, where the breach of contract is essential.

3. The rules provided in paragraphs 1 and 2 of this Article shall also be applicable in cases where the seller is in breach of his obligation to deliver to the buyer a set of things, unless the rules are not applicable under the contract or due to the specifics of the obligation.

Article 3.342. Containers and Packaging of Things

1. Unless the contract or the nature of the obligation provides otherwise, the seller is bound to deliver to the buyer things in containers and packaged, except in cases where due to the nature of the things there is no need to deliver them in containers or packaged.

2. Where the contract provides no requirements regarding the containers and packaging of things, the things shall be delivered packaged in the manner customary for such things, whereas in cases where the containers and packaging may be varied, the things is bound to be packaged in such a manner or in such containers which would ensure fitness of the type of things during storage or carriage under normal conditions.

3. Where mandatory requirements regarding containers or packaging are established by laws or other legal acts, the seller-businessman is bound to deliver the things to the buyer in containers or packaging which conform to the requirements set by laws or other legal acts.

Article 6.343. Legal Consequences of Violation of Requirements relating to Containers and Packaging of Things

1. Where the seller, in breach of his obligation, delivers to the buyer things not packaged or not in containers or in unfitted containers, the buyer shall refuse to accept them and demand that the seller package the things or deliver them in containers, unless otherwise provided by the contract or determined by the nature of the obligation or things.

2. Unless the contract provides otherwise, in the cases specified in paragraph 1 of this Article the buyer may make demands established in Article 6.334 of this Code instead of the demands established in paragraph 1 of this Article.

SECTION THREE

GENERAL OBLIGATIONS AND RIGHTS OF THE BUYER

Article 6.344. The Buyer’s Obligation to Pay the Price and other Expenses

1. The buyer is bound to pay the price of the things within the time limits fixed in the contract or laws and at the set place.

2. The buyer owes interest on the sale price from the time of delivery of the things or the expiration of the period agreed by the parties, unless the contract or laws provide otherwise.

3. The buyer is also bound to pay any expenses incidental to the deed of purchase and sale.

4. Where the laws establish that the contract of purchase-sale must be concluded in a notarised form and thereafter must be registered in the public register, the buyer is bound to pay the price of purchase into the notary’s deposit account at the time of conclusion of the contract, whereas the notary shall transfer the money to the seller following the registration of the contract in the public register, unless a different settlement procedure is provided by the agreement between the parties.

5. Where the buyer has sufficient grounds to believe that due to the seller’s fault an action may be brought against him for revendication of the things being sold or restriction of rights thereto, he may suspend payment of the price, unless the seller guarantees possible payment of damages to the buyer.

Article 6.345. Legal Consequences of the Buyer’s Non-performance of the Obligation to Pay the Price

1. Where the movable things have already been delivered to the buyer but the latter fails to pay the sale price, the seller shall have the right to repudiate the contract, notifying the buyer thereof in writing and recover the things. If only a part of the price has not been paid, the seller may recover only the unpaid part of the thing, provided the thing is divisible. The seller shall retain the right of recovery only until the things are in the country of their delivery or have not passed into the hands of a third person or of a hypothecary creditor or the ususfructuary right has not been laid down.

2. In case of insolvency of the buyer, the seller cannot recover the things for which the price has not been paid if within a reasonable time the buyer’s administrator offers to pay the price or presents a guarantee of performance of the obligation.

3. In all other cases not specified in paragraphs 1 and 2 of this Article the legal consequences provided in Article 6.314 of this Code shall emerge.

Article 6.346. Buyer’s Obligation to Accept the Things

1. The buyer is bound to accept the delivered things, unless he is entitled to demand replacement of the things or rescission of the contract.

2. Unless otherwise provided by laws or the contract, the buyer is bound to take such measures and perform such actions which are required under the usually stated demands seeking to ensure due delivery and acceptance of things.

3. Where the buyer, in breach of his obligation, does not accept or refuses to accept things, the seller have the right to demand that the buyer accept the things or refuse to perform the contract.

Article 6.347. Obligation of the Buyer to Preserve the Things

1. Where the buyer has the right under the law or the contract to return to the seller the things delivered to him, the buyer must take such steps as are reasonable in the circumstances to preserve the things subject to be returned until their return. In this case the buyer is entitled to retain them until he has been reimbursed his reasonable expenses by the seller.

2. If the dispatched things subject to be returned have been placed at the buyer’s disposal at their destination, he is bound to return them at his own expense, unless the seller or his agent is present at the destination or provided this does not cause the buyer unreasonable inconvenience or unreasonable expense.

3. If the things are subject to rapid deterioration, the rules laid down in paragraph 5 of Article 6.375 shall apply.

Article 6.348. The Buyer’s Obligation to Notify the Seller of Improper Performance of the Contract

1. The buyer is bound to notify the seller of the breach of any condition of the contract specifying the quality, quantity, range, completeness, containers and packaging of the things within the time period fixed by law or contract or where the time period is not fixed - within a reasonable time after the breach of a certain condition was discovered or, in view of the type and purpose of the things, ought to have been discovered.

2. In case of failure by the buyer to perform the obligation laid down in paragraph 1 of this Article, the seller shall have the right to refuse to fully or in part meet the buyer’s demands to replace the things, to deliver the missing things, to eliminate the defects of the things, to complete the things, to pack the things or deliver them in containers or to replace the containers or packaging, provided that he proves that following the breach of the obligation by the buyer his demands can no longer be met or that meeting of the demands would cause the seller unreasonable expenses compared to those the seller would have incurred if the buyer duly notified the seller of the breach of the contract.

3. If the seller was aware or could not have been unaware of the non-conformity of the things delivered by him to the conditions of the contract of purchase-sale, he shall lose the right to invoke the rules laid down in paragraphs 1 and 2 of this Article.

Article 6.349. Prohibition to Dispose of Things

1. If the contract of purchase and sale provides that the title to delivered things is reserved until the payment of full price or fulfilment of other conditions, before the title to the things passes to the buyer, the latter shall have no right to sell or otherwise dispose of the things, unless the purpose of the contract or characteristics of the things determine otherwise.

2. In case of non-fulfilment of the conditions of the contract of purchase-sale, on which the passing to the buyer of the title to the things is made conditional under the contract, the seller shall have the right to recover the things from the buyer, unless otherwise provided by the contact.

SECTION FOUR

SPECIFICS OF CONSUMER CONTRACTS OF PURCHASE -SALE

Article 6.350. Concept of Consumer Contract of Purchase-Sale

1. Under the consumer contract of purchase-sale the seller who is the person engaged in trade, or his agent obligates himself to sell a good - a movable thing - to the buyer - a natural person for his personal, family or household needs not related to business or profession, while the buyer obligates himself to pay the price. The rules of retail trade shall be approved by the Government.

2. The consumer contract of purchase-sale shall contain no conditions aggravating the consumer’s (buyer’s) position or abolishing or restricting the consumer’s (buyer’) right to bring an action against the seller for breach of contract conditions.

3. In a consumer contract of purchase-sale the seller shall be prohibited from:

1) making the conclusion of the contract of purchase-sale conditional on the purchase of a certain quantity of things;

2) offering the buyer entitlement to a gift or other supplement to the product, receivable immediately or within a certain time period after the conclusion of the contract, except for advertising samples, or promising entitlement to the purchase of accessories to the things;

3) attempting to exert influence on the buyers by offering things or services, showing price reduction in the price lists, price tags, in shop windows, or trying to induce the buyers to make a purchase by other ways and means which are contrary to good morals and public order.

4. If the seller has violated the buyer’s rights, the buyer shall be entitled to apply to the institutions protecting consumers’ rights or the court according to the procedure prescribed by law for the protection of his rights.

Article 6.351. Form of the Consumer Contract of Purchase and Sale

Unless the laws provide otherwise, a consumer contract of purchase and sale shall be deemed concluded from the moment the buyer chooses the thing to be purchased or expresses his will in any other manner.

Article 6.352. Public Offer

1. Presentation of the things in advertisements, general circulation catalogues shall be deemed a public offer, provided that the principal conditions of the contract of purchase and sale are specified.

2. Display of things in shop windows, on the counter or in other places of their sale, also demonstration of samples of the things or offering of information on the things on sale (description, catalogues, photographs, etc.) in the place of their sale shall be considered as public offer, irrespective of whether or not the price of the thing or other conditions of the contract of purchase and sale are indicated, unless the seller explicitly and unambiguously states that certain things are not for sale.

Article 6.353. Seller’s Obligation of to Inform the Buyer

1. The seller is bound to provide the buyer with the necessary, accurate and comprehensive information about the things offered for sale, indicating on their labels or otherwise: their price (inclusive of all taxes and charges), quality, method of use and safety, warranty period, period of fitness for use as well as other qualities of the things and characteristics of their use, having regard to the type of things, their purpose, personality of the consumer and requirements of retail trade. The seller who is in breach of the above obligation is bound to compensate for the damages suffered by the buyer for that reason.

2. The information about the things offered for sale shall not be misleading.

3. It shall be obligatory to indicate the selling price of every thing or of the things of one kind and the price of a suitable standard unit of the thing. The selling price of things or the price of a standard unit need not be indicated where the things:

1) are supplied in the performance of services;

2) are sold by auction or are objects of art or antiques.

4. The price of a standard unit of the things need not be indicated:

1) if these are things whose price does not depend on their weight or measurement;

2) if the price of the standard unit is the same as the selling price;

3) for things or groups of things the list whereof shall be approved by the Government or the institution authorised by it.

5. Only the price of the standard unit of things must be indicated if the things are not packaged and their quantity is ascertained in the presence of the customer.

6. The selling price and the standard unit price must be conspicuous, clearly legible, unambiguous and easily identifiable.

7. In any advertisement of the thing the indicated selling price must be accompanied by the standard unit price, save for the exceptions specified in paragraphs 3 and 4 of this Article.

8. The buyer shall be entitled to examine the products before entering into the contract and to demand that the seller inspect the things in his presence or demonstrate the way they are used, provided this is possible, bearing in view the character of the things and rules of retail trade.

9. In case of failure by the seller to promptly provide the buyer with an opportunity to obtain the information specified in paragraphs 1-7 of this Article at the place of sale of the things, the buyer shall have the right to claim from the seller compensation of damages for any loss occasioned by avoidance to conclude the contract or, where the contract has been concluded - to rescind the contract unilaterally within a reasonable time and to demand refund of the price paid and compensation of other damages.

10. The seller who fails to provide the buyer with an opportunity to receive the relevant information about the things shall be liable for the defects of the things which appeared after the delivery of the things to the buyer, if the buyer proves that the defects appeared because he did not possess the relevant information.

11. In the Republic of Lithuania the rules of marking and indication of prices of things exposed for sale shall be approved by the Government or the institution authorised by it.

Article 6.354. Expenses of and Incidental to Contract Formation

The expenses of and incidental to the formation of a consumer contract of purchase and sale shall be assumed by the buyer only provided that at the moment of entry into contract the seller contemplated the expenses as a special and individual item or specified the criteria for the calculation of the expenses.

Article 6.355. Sale of Things Conditional on Acceptance thereof by the Buyer within a Certain Period

1. Consumer contract for purchase and sale may contain a provision that the buyer is bound to accept the things within a certain period fixed in the contract, within which the seller shall have no right to sell the things to another buyer.

2. Unless otherwise provided in the contract and if the buyer fails to arrive within the fixed period or fails to perform other actions necessary in order to accept the things within the period fixed in the contract, the buyer shall be deemed to dissolve the contract.

3. The seller’s extra expenses incidental to the transfer of the things to the buyer within a certain time period shall be included in the price of the things, unless the contract or laws provide otherwise.

Article 6.356. Sale of Things by Sample

1. Consumer contract of purchase and sale may be concluded by the sample of things the seller offers to the buyer (description of the goods, catalogues of goods, models, etc.).

2. Unless otherwise provided by laws or the contract, a contract by sample shall be deemed concluded when the seller delivers the things to the destination specified in the contract, and in case there is no indication of the destination in the contract - to the customer’s place of residence.

3. Before the transfer of the things the buyer shall have the right to repudiate the contract by sample. However, in such case the buyer must reimburse the seller’s reasonable expenses incidental to the performance of the contract prior to the repudiation, unless the contract provides otherwise.

Article 6.357. Sale of Things inside the Premises not Intended for Trade

1. A contract of purchase and sale concluded inside the premises not intended for trade is a contract entered into by the seller and consumer during a visit outside the business premises or during the seller’s visit at the place of residence of the consumer during his working hours, study hours or other time. The provisions of the Article shall apply mutatis mutandis also to contracts of consumer services.

2. The rules of sale of things inside the premises not intended for trade shall be approved by the Government or the institution authorised by it.

3. This Article shall not apply to contracts:

1) for the purchase or delivery of food products or other things intended for everyday use;

2) for purchase-sale or supply of services, where the seller or service supplier arrives upon an express order given by the consumer, except where the customer is delivered things or supplied services other than those ordered by him;

3) for the supply of insurance services;

4) for the purchase-sale of securities;

5) for the purchase-sale of things or supply of services where under the contract the customer is charged LTL 200 or less;

6) where the contract entered into has been notarised.

4. In case the seller offers a thing for sale in the premises not intended for trade, he is bound to hand in to the buyer a document indicating:

1) the date of delivery of the thing to the consumer;

2) the name of the thing;

3) the price of the thing, inclusive of all taxes and charges;

4) the seller’s name and address;

5) the name (name, surname) of the person to whom the consumer who repudiates the contract may address the notice of repudiation of the contract;

6) the consumer’ right to rescind the contract according to the procedure laid down in paragraphs 6-11 of this Article.

5. The onus duty of proving delivery to the consumer of the document referred to in paragraph 4 of this Article shall be on the seller.

6. The buyer shall have the right to repudiate (rescind) the contract entered into in the premises not intended for trade, notifying the seller thereof within 7 days from the day of receipt of the document specified in paragraph 4 of this Article. This right of the buyer shall not be subject to any restrictions in the form of additional undertakings or payments or to any limitation or abolition. In case of non-delivery to the buyer of the document specified in paragraph 4 of this Article, the buyer shall have the right to rescind the contract within 3 months from the date of entry into contract.

7. The buyer shall be entitled to exercise the right provided for in paragraph 6 of this Article if the thing is not damaged or there are no material changes in its appearance. Changes in the thing or its packaging that were necessary in order to examine the received thing shall not be treated as material changes in the appearance of the thing. An expert examination maybe ordered in the event of a dispute about the appearance. The expenses incidental to the expert examination shall be born by the guilty party.

8. The buyer may not exercise the right to rescind the contract provided for in paragraph 6 of this Article if the contract is for the supply of services, which was started with the consumer’s consent before the expiration of the time period specified in paragraph 6 of this Article.

9. Upon receipt of the notice of rescission of the contract provided for in paragraph 6 of this Article the seller must within 15 days take back the thing returned by the buyer and refund the buyer the amount paid for the thing. In this case performance of the obligations by the parties must be concurrent conditions.

10. If the buyer repudiates the contract according to the procedure provided for in paragraph 6 of this Article, but the thing cannot be returned as it perished or was damaged through the buyer’s fault, the buyer is bound to return the seller the value of the thing that perished or was damaged or the amount of the reduction of its value only provided he did not act as carefully as the person preserving the property would have been.

11. The buyer is bound to pay for the use of the thing and for other services supplied to him before the moment he exercised the right to repudiate the contract according to the value of the above thing or supplied services. However, the buyer is not bound to compensate for the reduction of the value of the thing due to its use for its purpose.

12. Agreements between the parties which are not in conformity with the provisions of this Article and are detrimental to the consumer’s position shall be null and void.

Article 6.358. Sale of Things by Slot-Machines

1. If things are sold by slot-machines, the owner of the machines must inform the buyer in a notice on the machine or in any other way about the seller (seller’s name and registered office), mode of operation of the machine, as well as the actions the buyer is bound to perform in order to be delivered the thing and the sequence of the actions.

2. In this case the contract shall be deemed concluded from the moment the buyer performs the actions required in order to obtain delivery of the thing from the slot-machine.

3. In case of non-delivery to the buyer of the thing payment for which has been made, the seller must promptly upon the buyer’s demand deliver the thing or restore the price.

4. The rules specified in this Article shall also be applicable where the machines are intended for money exchange, acquisition of token money or exchange of currency, unless special rules establish otherwise.

Article. 6.359. Sale of Things Conditional on their Delivery to the Buyer

1. Where a consumer contract for purchase-sale provides that the things must be delivered to the buyer, the seller is bound to deliver the things within the time period specified in the contract to the place indicated by the buyer and where there is no indication of the place of delivery - the buyer’s place of residence.

2. The contract shall be deemed performed from the moment of delivery of the things to the buyer or, in the buyer’s absence, from the delivery of the things to the person who presents a receipt or any other document confirming conclusion of the contract or giving a formal acknowledgement of delivery of the things, unless the contract provides otherwise.

3. Where the time period of delivery of the things to the buyer is not specified in the contract, the things must be delivered within a reasonable time after the seller received the buyer’s order for the delivery thereof. If the things are not delivered within a reasonable time, the buyer shall have the right to rescind the contract and shall not be bound to bear the thing delivery expenses, unless the contract provides otherwise.

Article 6.360. Price of the Things and its Payment

1. The buyer is bound to pay the price of the things charged by the seller at the moment of entry into the into the contract unless the contract or laws provide otherwise.

2. It shall be a prohibited practice for the seller to unilaterally increase the price of the thing after the conclusion of the contract. If the seller unilaterally increases the price after the conclusion of the contract, the buyer shall be entitled to repudiate the contract upon communicating a written notice thereof to the seller, except in the cases where the contract provides for the delivery of the things to the buyer after the lapse of more than three months after the conclusion of the contract, whereas the seller has the right to unilaterally increase the price of the property during the said period.

3. Where the contract for purchase-sale provides for payment for the things to be made in advance, whereas the buyer fails to pay the price within the time limit fixed in the contract, it shall be deemed that the buyer repudiated the contract, unless otherwise provided in the contract.

4. Where the things are purchased in instalment sale (on credit), the buyer shall have the right to pay for the things before the expiration of the time limit set for payment.

5. Where the buyer fails to pay the instalments when due, default interest on the unpaid amount shall not be calculated.

Article 6.361. Hire-Purchase Contract

1. It may be stipulated in the contract that until the passing of ownership of the things to the buyer he remains the lessee of the delivered things (hire-purchase contract).

2. Unless the contract provides otherwise, the buyer shall become the owner of the things upon full payment of the sale price.

Article 6.362. Replacement and Return of Things

1. The buyer shall be entitled to replacement of the purchased things, other than food products, at the place of purchase or elsewhere, as indicated by the seller, within fourteen days from the delivery thereof to the buyer, unless the seller has set a longer time period, receiving in exchange analogous things of different measurements, form, colour model or completeness. In case of a difference in prices between the things to be replaced and things offered in replacement, the buyer is bound to pay the seller the recalculated price.

2. If the buyer does not possess things suitable for replacement, the buyer shall have the right to return the things to the buyer within the time period set in paragraph 1 of this Article and recover the money paid.

3. The buyer’s claim for replacement of the things shall be satisfied provided the things have not been in use, have not been damaged, have retained their fitness for use, and have not lost their merchantability and the buyer is in possession of proof confirming that he purchased the things from the seller.

4. The things listed in the Rules for the Return and Replacement of the Things shall not be subject to replacement or return according to the procedure laid down in this Article. The Rules shall be approved by the Government or the institution authorised by it.

Article 6.363. Quality of Things and Buyer’s Rights upon being Sold Things of Improper quality

1. The things that are being sold must be safe. The requirements for the safety of things shall be laid down in laws and other legal acts. The seller shall be deemed to guarantee the quality of things in all cases (statutory warranty).

2. The things being sold must be of satisfactory quality, i.e. the characteristics of the things cannot be inferior than those provided for in the financial regulation applied to the thing (if any) and in the contract for purchase and sale of the thing. It shall be against the law to sell things whose time period of fitness for use has expired.

3. The characteristics of the thing are in conformity with the conditions of purchase and sale, provided:

1) the thing conforms to the requirements of the regulations specified by the producer of the thing;

2) the thing is fit to be used for the purpose for which the things of the type are normally used;

3) the thing conforms to the quality requirements that may be expected having in mind the nature of the thing as well as public representations about the quality of the thing made by the producer, his agent, or seller of the thing.

4. The buyer who has been sold things of improper quality (save for the food products) with defects that the seller has not given notice of shall be entitled, at his own choice, to demand from the seller, within the time limit specified in 6.338 of this Code:

1) to replace the thing of improper quality with a thing of satisfactory quality;

2) to reduce the price accordingly;

3) to eliminate the defects without any payment within a reasonable time ;

4) to reimburse the buyer’s expenses for the elimination of defects if the buyer has not eliminated the defects on his own or with the help of third persons.

5. In all cases the buyer shall be entitled to be reimbursed for the expenses sustained due to the sale of a thing of improper quality.

6. The buyer shall be entitled to demand replacement of a technically complex and expensive thing in case of material violation of quality requirements laid down for the thing.

7. Where the defects of the thing cannot be eliminated due to the properties of the thing (food products, chemical products, etc.), the buyer shall be entitled, at his choice, to demand replacement of such thing of improper quality with a thing of satisfactory quality or insist on appropriate reduction of the price of the thing.

8. Instead of putting forward the demands provided for in paragraphs 4-7 of this Article, the buyer may unilaterally rescind the contract and demand restoration of the price. In this case the buyer must, upon the seller’s request, return the thing of improper quality, the expenses incidental thereto being born by the seller. Refunding to the buyer the money paid, the seller shall have no right to deduct the amount whereby the value of the thing has been reduced due to its use or loss of appearance or due to other circumstances.

9. In the cases provided for in this Article the buyer may bring an action for the recovery of the price paid by him within a two-year period allowed by the limitation of actions.

10. The institutions protecting the rights of consumers shall be entitled under law to offer protection, on their own initiative, to consumers whose rights have been violated through the sale of things of improper quality.

Article 6.364. Compensation of the Difference in Prices

1. Where the seller replaces a thing of inferior quality with another analogous thing of proper quality, he shall have no right to demand that the buyer should compensate him the difference between the price provided in the consumer contract for purchase-sale and the current price of the thing at the time of its replacement or at the moment of making of the decision by the court or any other institution binding to replace the thing.

2. Where a thing of inferior quality is replaced by another analogous thing which is of a different size, model, type or differs in other qualities, the buyer is bound to compensate the difference between the contract price and the current price of the new thing at the time of its replacement. In case of failure by the buyer to compensate the difference between the prices, it shall be determined based on the prices current at the time of adoption by the court or any other institution of the decision to replace the thing.

3. When the buyer demands that the price of the thing of inferior quality be reduced accordingly, account shall be taken of the price of the thing at the moment the demand is presented, whereas in case of refusal by the seller to satisfy the buyer’s demand, regard shall be had to the current price at the time the court or any other institution passes a decision regarding price reduction.

4. Returning a thing of inferior quality to the seller, the buyer shall have the right to claim recovery of the difference between the price fixed by the contract and the current price at the moment of satisfaction of his claim or, when the seller refuses to satisfy the claim, the difference at the moment of rendering of the decision by the court or any other institution.

Article 6.365. Seller’s Liability and Performance of the Obligation in Kind

In case of failure by the seller to perform his obligation under the consumer contract of purchase-sale, compensation of damages or payment of penalty shall not release the seller from performance of the obligation in kind.

Article 6.366. Sale of Things under Distance Contracts

1. A distance contract of purchase and sale of things concluded by means of communication is a contract for the sale of things concluded between the seller and the buyer (consumer) exclusively by means of communication (one or several). The provisions of this Article shall apply mutatis mutandis to consumer contracts for the supply of services and other consumer contracts.

2. The regulations for the sale of things and supply of services under distance contracts concluded by means of communication shall be approved by the Government or the institution authorised by it.

3. The provisions of this Article shall not apply to contracts concluded:

1) for the provision of financial services;

2) by auction;

3) for the sale-purchase and/or delivery of food products or other things intended for everyday consumption;

4) for the provision of accommodation, transport, catering or leisure services, where the provider of services undertakes to provide the services on a specific date or within a specified time period;

5) for sale by automatic vending machines (Article 6.358 of this Code);

6) through the operator of the means of communication, i.e. the person whose business consists of provision of one or several communication services which may be used by the seller or provider of services for concluding with the consumer a contract for the purchase-sale of things or supply of services.

4. Before the conclusion of the contract the seller must submit to the buyer through the means of communication used by him relevant information containing:

1) information about the seller;

2) main characteristics of the thing;

3) the selling price of the thing;

4) price of delivery of the thing;

5) procedure of payment, delivery or provision;

6) procedure for exercising the buyer’s rights to repudiate the contract in accordance with the provisions of Article 6.367 of this Code;

7) rates of charges for the use of means of communication, when calculated otherwise than in the regular manner;

8) period of validity of the offer and price;

9) shortest period of the contract, where a contract is concluded for the supply of things or supply of services on the continuing basis.

5. The commercial character of the information specified in paragraph 4 of this Article must be expressed unequivocally and clearly and correspond to the means of communication used. Where the telephone is used, the seller must clearly describe the commercial goal of conversation.

6. The buyer must be provided information in writing before the conclusion of the contract and, where the things are subject to delivery, before the delivery (if the things are delivered by the third person authorised by a person other than the buyer), unless the buyer has been provided such written information before the conclusion of the contract, on:

1) the offered thing (name, principal characteristics);

2) the seller; the buyer is informed to what address and to whom he may address any of his complaints;

3) procedure for exercising the buyer’s rights to repudiate the contract in accordance with the provisions of Article 6.367 of this Code;

4) procedure of payment, delivery or performance, the services of maintenance of the thing provided by the seller and warranties, if given;

5) conditions of contract repudiation where the contract is of indefinite duration or its duration is over one year.

7. The onus duty of proving delivery to the buyer of written information specified in paragraph 6 of this Article shall be on the seller.

8. Unless the contract provides otherwise, the seller is bound to deliver the things within 30 calendar days from the date of conclusion of the contract.

Article 6.367. The Buyer’s Right to Repudiate a Distance Contract Concluded by Means of Communication

1. The buyer shall have the right to repudiate the distance contract of purchase-sale concluded by means of communication by notifying the seller thereof in writing within seven working days from:

1) the date of delivery of the thing, where the contract is for the sale of a thing;

2) the date of conclusion of the contract for the supply of services.

2. If information specified in paragraph 6 of Article 6.366 is not delivered to the buyer in writing, he shall be entitled to repudiate the contract within three months from the date of conclusion thereof.

3. It shall be prohibited to subject the buyer’s right to repudiate the contract, provided under this Article to any restrictions in the form of additional undertakings or payments or to any other limitation or rescission except in cases provided for in this Article.

4. The buyer shall not be entitled to exercise the right specified in paragraphs 1 and 2 of this Article if the contract has been concluded:

1) for delivery of audio and video works and phonograms in any video or audio media or computer programmes and the buyer has broken the seal integrity of packaging;

2) for delivery of newspapers, magazines or other periodicals;

3) for participation in games and lotteries.

5. In case of purchase-sale of things the buyer may exercise the right to rescind the contract if the thing is not damaged or there are no material changes in its appearance. Changes in the thing or its packaging that were necessary in order to examine the received thing may not be treated as material changes in the appearance of the thing. An expert examination may be ordered in the event of a dispute about the appearance of the thing. The expenses incidental to the expert examination shall be born by the guilty party.

6. If the buyer exercises the right to repudiate the contract where the price of the thing is paid in part or in full under the consumer credit agreement concluded for the purpose between the seller and the buyer, or the seller and the third party, the said consumer credit agreement shall be rescinded without any additional obligations being imposed on the buyer.

7. Upon receipt of the notice of repudiation of the contract, referred to in paragraph 1 of this Article, the seller must within 15 days take back the thing and refund the buyer the amount paid for the thing.

Article 6.368. Supply of Unsolicited Things

1. It shall be prohibited to supply unsolicited things if payment is demanded therefor.

2. In case of delivery of unsolicited things the consumer may use them at his own pleasure without payment.

Article 6.369. Time-sharing Contract

1. A time-sharing contract is a contract concluded for an at least three-year period, under which the buyer, irrespective of the type of the concluded contract, shall acquire the right to use a dwelling at a certain time for the time interval of at least one week in a year.

2. Before concluding the time-sharing contract, the seller must present to the buyer a prospectus. The prospectus shall contain the following: information about the dwelling and other persons possessing the right to use the dwelling under the time-sharing system; the owner of the dwelling; the rights of the buyer; information regarding the charges for the right to use the dwelling and other surcharges. The minimum list of mandatory information that may be presented in the prospectus and in the time-sharing contract shall be determined by the Government or the institution authorised by it. The prospectus relating to the dwelling offered for use under time-sharing contract shall be not severable from the contract.

3. The prospectus and the contract shall be written out and executed in the State language. If the dwelling for the use whereof the contract is concluded is located in another state, the seller must present to the buyer a translation of the contract into one of the official languages of that state.

4. Any advertisement for the conclusion of the time-sharing contract must indicate where and how the buyer may obtain the prospectus.

Article 6.370. Buyer’s Right of Repudiation in the Case of Time-sharing Contracts

1. Under the time-sharing contract the buyer shall have the right of repudiate the contract upon notifying the seller thereof in writing ten days before the date of conclusion of the contract. If the buyer is not provided with the prospectus on the day of conclusion of the contract or if certain mandatory information is missing in the prospectus, the buyer shall have the right to repudiate the contract within four months from the conclusion thereof. If the prospectus containing all mandatory information is presented within the said four months, the period for exercising the right of repudiation by the buyer shall be ten days from the presentation of the prospectus.

2. If the buyer exercises the right of repudiation where payment for the right to use the dwelling under the time-sharing contract has been made in part or in full under the consumer credit contract concluded for the purpose between the seller and consumer or the seller and the third person, the consumer credit contract may be rescinded.

3. The buyer’s right of repudiation of the contract provided for in this Article shall not be subject to any restrictions in the form of additional undertakings or payments or to any limitation or abolition.

4. The seller shall have no right to request payment from the buyer in advance before the expiration of the repudiation period. Where payment in advance has been made, the seller, having received the buyer’s notification of repudiation, must within ten days refund the paid amount to the consumer.

SECTION FIVE

CONTRACTS OF WHOLESALE PURCHASE-SALE

Article 6.371. Concept of Contract of Wholesale Purchase-Sale

1. Under the contract of wholesale purchase-sale the seller who is the person engaged in trade, or his agent obligates himself to deliver on the fixed date things manufactured or purchased by him into the ownership (trust) of the buyer for the latter’s business needs or other needs not related to personal, family or household need whereas the buyer obligates himself to pay the price.

Article 6.372. Period of Time for the Delivery of Things

1. Where a long-term contract has been concluded for the purchase-sale of things, under which things are delivered in lots and the period of time for the delivery of things is not provided in the contract, the lots of things shall be delivered on a monthly basis in equal parts, unless a different conclusion is to be drawn having regard to the custom of the trade or the essence of the obligation.

2. In case of failure by the seller to deliver all things within the specified period of time, the things that have not been delivered by the due date must be delivered within the remaining time period/periods, except where the contracts provides otherwise.

Article 6.373. Delivery of Things

1. If the means of transportation and terms of transportation of the things by the seller to the buyer are not specified in the contract, the seller is bound to arrange for carriage of the things by means of transportation appropriate in the circumstances and according to the usual terms for such transportation, unless it is reasonable to infer otherwise in view of the custom of the trade or the essence of the obligation.

2. The contract may stipulate the buyer’s obligation to take over the things from the stock at the seller’s place of business or any other place (warehouse, railway station, etc.)

Article 6.374. Acceptance of Things

1. The buyer must take necessary measures to ensure that all delivered things are accepted in due manner within the time period fixed in the contract or, where the time period is not fixed - within a reasonable time and to examine the quantity and quality of the things according to the procedure set in the contract and promptly notify the seller of the discovered defects and deficiency in the quantity.

2. Where the buyer is bound to receive the things from the carriers’ organisation, he must check conformity of the things with the information given in the shipping documents and accept the things in accordance with the regulations of the means of transportation.

Article. 6.375. Preservation of the Unaccepted Things

1. The buyer who refuses to accept the things delivered to him under contract must preserve the things (responsible preservation) and promptly notify the seller of his refusal.

2. Upon receipt of the notice specified in paragraph 1 of this Article the seller shall within a reasonable time period take the things back or inform the buyer what he should do with them. In case of failure by the seller to do so, the buyer shall have the right to re-sell the things or return them to the seller.

3. The seller is bound to reimburse the buyer for the necessary expenses incidental to the preservation, sale or return of the things. Having sold the things, the buyer shall make the necessary deduction of expenses incidental to the sale and preservation of the things and restore the balance to the seller.

4. In case of refusal by the buyer to accept the things in the absence of the grounds provided for by law or the contract, the seller shall have the right to demand from the buyer payment of the full price.

5. In case the goods are perishable and subject to rapid deterioration and the application of the rules laid down in paragraph 2 of this Article is not possible for the said reason, the buyer may re-sell the things without waiting for the seller’s response.

Article 6.376. Taking Possession of the Things

1. In case the buyer is bound under the contract to take possession of the things at the seller’s place of business or any other place, when taking possession of the things at the place of their delivery the buyer must examine their quantity and quality, unless the contract provides otherwise.

2. If the buyer fails to take possession of the things within the time period fixed in the contract or, where the period is not fixed, within a reasonable time period after the seller transmitted a notice that the things may be taken possession of, the seller shall have the right to repudiate the contract or demand payment of the price and reimbursement of expenses incidental to preservation of the things.

3. If the buyer is bound to indicate the things he is purchasing by specifying their volume, form or otherwise, but fails to do so within a reasonable time, the seller may himself do this having regard to the needs of the buyer he is aware of.

Article 6.377. Containers and Packaging

1. Unless otherwise provided in the contract, the buyer must return to the seller at his own expense the returnable containers and packaging in which the things were delivered.

2. Other containers shall be returned only in cases provided for in the contract.

Article 6.378. Sale of Things of Improper Quality or Completeness

Where the things transferred by the seller are of inferior improper quality or completeness, the buyer may make demands specified in Articles 6.334 and 6.341 of this Code, except in cases where the seller upon the receipt of the buyer’s notice promptly replaces the things of inferior improper quality with quality things or delivers the product in its completeness.

Article 6.379. Unilateral Rescission of the Contract

1. The buyer shall have the right to unilateral rescission of the contract in the event of a fundamental breach thereof by the seller.

2. A breach of the contract committed by the seller shall be deemed fundamental if:

1) the delivered things are of inferior improper quality and their defects cannot be eliminated within the time period the buyer finds acceptable;

2) the seller has more than twice missed the deadline set for the delivery of the things where under the long-term contract the things had to be delivered within the fixed time limits.

3. The buyer shall be considered to have committed a fundamental breach of contract and the seller shall acquire the right to a unilateral rescission of the contract if the buyer:

1) has more than twice failed to make timely payment for the things delivered when due;

2) has more than twice failed to take possession of the things delivered on the set date.

SECTION SIXTEEN

PUBLIC PROCUREMENT CONTRACTS

Article 6.380. Concept of Public Procurement Contract

Under the public procurement contract a state or municipal institution or a state or municipal enterprise, office or organisation shall purchase things or make payment for works or services (lease including) with the resources of the State Budget, municipal budgets, State Social Insurance Fund Budget and other state and municipal funds for the purpose of meeting the needs of the State or municipality, or the needs of state or municipal institutions, enterprises, offices and organisations.

Article 6.381. Specifics of Conclusion of Public Procurement Contracts

Public procurement contracts shall be concluded by holding competitive bidding, except where the laws establish otherwise.

Article 6.382. Regulation of Public Procurement Contracts

The provisions of this Code shall apply to public procurement contracts to the extent it is not established otherwise by other laws.

SECTION SEVEN

CONTRACTS FOR PURCHASE-SALE OF ENERGY

Article 6.383. The Concept of the Contract of Purchase-Sale of Energy

1. Under the contract of purchase-sale of energy (or energy resources) an energy supply enterprise undertakes to supply the subscriber (consumer) via the connected energy supply network an amount of energy of the type provided for in the contract, whereas the subscriber (consumer) obligates himself to pay for the supplied energy and comply with the energy consumption regime specified in the contract, ensuring safety of exploitation of the energy supply network and maintenance in good condition of the installations and facilities owned by him.

2. A contract for purchase-sale of energy shall be concluded with the subscriber only provided he is in possession of energy consuming devices and internal network which meet the prescribed technical requirements and are connected to the energy supply network and has energy metering devices installed. Where a new energy supply network is being built, the provisions of this paragraph shall not apply to the futures contracts for the purchase-sale of energy. A contract for the purchase-sale of heat, hot and cold water may be concluded with a household consumer also where there is no direct accounting of the above energy resources between the energy supplier and consumer.

3. A contract for the purchase-sale of energy is a public contract (Article 6.161 of this Code).

4. Where a contract for the purchase-sale of energy is a consumer contract, i.e. the subscriber is a natural person purchasing energy for personal, family or household needs (consumer), Article 6.188 of this Code and other articles of this Code, specifying the characteristics of consumer contract for purchase-sale shall apply mutatis mutandis to the contract for purchase-sale of energy.

Article 6.384. Conclusion and Extension of a Contract for the Purchase-sale of Energy

1. Where under the contract the subscriber is a natural person who uses energy for domestic consumption, the contract shall be deemed concluded from the moment the consumer equipment is connected to the energy transmission network. The contract shall be considered concluded for the term of unlimited duration, unless the contract provides otherwise.

2. If by the expiration of the term of the contract neither of the parties declares that the contract will be terminated or modified or that a new contract will be concluded, the contract for the purchase-sale of energy concluded for a term of limited duration shall be deemed extended for the same period and under the same conditions.

3. If by the expiration of the contract’s term of limited duration a party to the contract proposes to conclude a new contract, pending the conclusion of the new contract the conditions of the previous contract shall apply to the relations between the parties.

Article 6.385. Energy Amount and Rates (Tariffs)

1. The energy supply enterprise is bound to sell to the subscriber the amount of energy provided for in the contract in compliance with the energy supply regime agreed between the parties. The amount of the energy supplied and consumed shall be determined on the basis of energy meter readings or in any other manner specified in the contract.

2. The contract may provide for the subscriber’s right to change the amount of energy received provided that the subscriber would compensate for the losses incurred by the energy enterprise due to the requirement to ensure the supply of a larger amount of energy not provided for in the contract.

3. The subscriber, who is a natural person - a consumer using energy for domestic consumption, may use as much energy as he needs.

4. Energy rates (tariffs) shall be fixed according to the procedure established by law.

Article 6.386. Energy Quality

1. Energy quality must conform to the standards of the contract and quality standards as well as to the requirements established by other regulations.

2. If the energy supply enterprise violates the energy quality requirements, the subscriber may refuse to pay for the energy. However, in this case the energy supply enterprise shall be entitled to request that the subscriber compensate for the value of what the subscriber saved without a legal justification by using energy.

3. The subscriber shall be entitled to compensation of damages incurred by him due to the supply of energy of improper quality.

Article 6.387. Buyer’s Duties relating to the Maintenance of Installations

1. The subscriber must ensure adequate condition of the energy supply network, other facilities and installations owned by him and safety of their exploitation, also comply with the established energy consumption regime and notify the energy supply enterprise without delay of any accident, fire, damage of energy metering equipment or any other violations related to the use of energy.

2. If the subscriber is a natural person - consumer using energy for his domestic consumption, the energy supply enterprise must ensure adequate technical condition and safe exploitation of the energy supply network, energy metering equipment and their safe use, unless otherwise provided by the contract or laws.

Article 6.388. Payment for Energy

1. The subscriber shall pay for the amount of energy actually used according to the readings of the energy meters, unless the contract establishes otherwise.

2. Unless legal acts provide otherwise, payment procedure shall be established by agreement between the parties.

Article 6.389. Sub-subscriber

1. The subscriber may, without exceeding the capacity permitted for use, transmit to another person (sub-subscriber) electricity received from the energy supply enterprise without the latter’s consent.

2. The subscriber may transmit heat, cold and hot water to another person (sub-subscriber) only provided the supply enterprise gives its consent thereto.

3. In the cases provided for in paragraphs 1 and 2 of this Article the subscriber shall still be held liable to the energy supply enterprise under the energy purchase-sale contract.

Article. 6.390. Modification and Rescission of the Contract

1. If under the contract of purchase-sale of energy the subscriber is a natural person -consumer using energy for domestic consumption, he shall be entitled to unilateral rescission of the contract notifying the energy supply enterprise thereof, provided the he has paid for the energy used. The consumer residing in a multi-apartment house may exercise this right only if such an act will not be detrimental to the residents of other apartments of the house.

2. If the subscriber is a legal person, the energy supply enterprise may unilaterally refuse to perform the contract on the grounds provided in Article 6.217 of this Code unless otherwise provided in the contract.

3. Termination, suspension or limitation of energy supply shall only be allowed by agreement between the parties, except in cases where state energy supervisory institutions establish such defects of the subscriber’s installations, which endanger people’s life and safety. The energy supply enterprise must notify the subscriber in advance of the termination, suspension or limitation of energy supply.

4. Termination, suspension or limitation of energy supply without an appropriate agreement with the subscriber or without his notification in advance shall be allowed only in cases when this is necessary in order to prevent an accident or as a response to an accident in the energy supply network. However in such cases the subscriber must also be promptly notified of the termination, suspension or limitation of energy supply.

5. Termination of electricity and heat, hot water and gas supply to multi-apartment houses due to arrears in payment of individual apartment owners (tenants) for the electricity, gas and water consumed shall be prohibited.

Article 6.391. Scope of Application

The provisions of this Article shall apply with respect to supply of electricity, heat energy, gas, oil and oil products, water and other energy through the distribution network, unless the laws establish otherwise or unless, taking into account the essence of the obligation, a different conclusion should not be made.

SECTION EIGHT

CONTRACTS OF PURCHASE-SALE OF AN IMMOVABLE THING

Article 6.392. Scope of Application

1. The norms of this Section shall apply with respect to purchase-sale of land, residential houses, apartments, and other immovable things.

2. The norms of this Section shall apply to the purchase-sale of enterprises to the extent the norms of Section Nine of this Chapter (Articles 6.402-6410 of this Code) do not establish otherwise.

Article 6.393. Form of the Contract

1. A contract for the purchase-sale of an immovable thing shall be subject to notarial certification.

2. Non-compliance with the requirements of the form shall render the contract null and void.

3. A contract for purchase-sale of an immovable thing may be invoked against third persons only in the event of it being registered in the public register according to the procedure established by laws.

4. Ownership of an immovable thing shall pass to the buyer from the moment of delivery of the thing. The fact must be registered in the document executed according to the procedure established by Article 6.398 of this Code. If any of the parties avoids registering the fact of passing of ownership of the immovable thing, the court may, at the request of the other party, adopt a decision on the registration of the contract. In such case the contract shall be registered based on the court decision. The party which avoided without any reason to register the passing of ownership right, must compensate the other party for the damages incurred by reason thereof.

Article 6.394. Rights to a Land Plot

1. Under the contract for purchase-sale of a building, installation or other immovable thing the seller shall transfer to the buyer, together with the right of ownership to the thing, the rights specified in paragraphs 2 and 3 of this Article to the part of the land plot, which is occupied by the thing and which is necessary for the thing to be fit for the purpose it would ordinarily be used.

2. Where the seller is the owner of the land plot on which the immovable thing being sold is situated, the buyer shall be transferred the rights of ownership to the land plot or the right of land lease or right of superficies, whatever is provided by the contract. A contract in which the rights of the buyer to the land plot are not contemplated may not be certified by a notary and if certified, shall be null and void.

3. Where the owner of the immovable thing is not the owner of the land plot on which the thing is situated, he may sell the immovable thing without the consent of the owner of the land plot only provided this is in compliance with the conditions of use of the land plot set down by laws and (or) the contract. In the event of sale of such an immovable thing the buyer shall acquire the right to use the appropriate part of the land plot under the same terms and conditions as the seller of the immovable thing.

Article 6.395. Rights to an Immovable Thing in the Event of Sale of a Land Plot

1. In the event of sale of a land plot containing buildings, construction works, installations, plantations or other objects, the issue of passing of the right of ownership therein must be contemplated in the contract. If the issue is not contemplated in the contract, the right of ownership in the buildings, construction works, installations, plantations or other objects situated on the land plot shall be deemed to have passed to the buyer of the land plot.

2. If the land plot containing buildings or other immovable things belonging to the seller by the right of ownership is sold without transferring to the buyer the rights of ownership in the above-mentioned immovable thing, the seller shall retain the right to use the part of the land plot which is occupied by the immovable thing and is necessary for the use thereof by the right of superficies or any other right and under the terms and conditions provided for in the contract.

3. Where the seller’s right to use a part of the land plot and the conditions of use are not contemplated in the contract of purchase-sale, the servitude shall be established for the seller with respect to the part of the land plot which is occupied by the immovable thing and which is necessary for it to be used for the purpose it would ordinarily be used.

Article 6.396. Subject Matter of the Contract

1. The contract for purchase-sale of an immovable thing shall contain information relating to the immovable thing which the seller is bound under contract to transfer to the buyer, also indication of the location of the thing in the relevant land plot or location of the immovable thing being sold in another immovable thing.

2. A contract in which the information specified in paragraph 1 of this Article is not presented may not be certified by a notary and, if certified, shall be null and void.

Article 6.397. Price

1. The price of the immovable thing being sold must be indicated in the contract of purchase-sale of the immovable thing. The regulations set forth in paragraphs 1-6 of Article 6.313 of this Code shall not be applicable to contracts of purchase-sale of an immovable thing. If the price is not indicated in the contract, the contract shall be deemed not to have been concluded.

2. The price of the land plot being sold shall include the price of the buildings, construction works, installations, plantations and other objects located on the plot, unless the laws and contract provide otherwise.

3. Where only the price of the area or any other measurement unit of the thing is indicated in the contract of purchase-sale of an immovable thing, the price of the entire thing shall be determined according to the size of the immovable thing actually transferred to the buyer.

Article 6.398. Transfer of a Thing

1. Transfer and acceptance of an immovable thing must be executed by the transfer-acceptance deed or any other document provided for in the contract, signed by the seller and buyer.

2. Unless otherwise provided for by the laws or contract, the seller’s obligation to transfer the immovable thing shall be deemed performed from the moment of transfer of the thing to the buyer and signing of the relevant document regarding the transfer thereof.

3. Where one of the parties to the contract avoids signing the document of transfer specified in the contract, it shall be deemed that the buyer refuses to accept and the seller refuses to transfer the thing.

4. The circumstance that the buyer accepted an immovable thing which does not conform with the terms and conditions of the contract shall not constitute grounds for releasing the seller from liability for improper performance of the contract even in the cases where such non-conformity was contemplated in the document of transfer of the thing.

Article 6.399. Transfer of a Thing of Improper Quality

Where the seller transfers to the buyer under the contract of purchase-sale of an immovable thing a thing of improper quality, the provisions of Article 6.334 Code shall be applicable, except with respect to the buyer’s right to request replacement of the thing of improper quality with a thing of proper quality.

Article 6.400. Conditions and Contents of Contracts for Purchase-sale of a Residential House or Apartment

In addition to the conditions provided for in Articles 6.396 and 6.397 of this Code, the basic condition of the contract of purchase-sale of a residential house or apartment which at the moment of its sale is inhabited by the persons who, according to laws, retain the right to use the residential premises after the change of its owner shall be listing (list) of such persons and the contents of their right to use the residential premises which are being sold.

Article 6.401. Contract of Purchase-sale of a Planned House or Apartment

1. The buyer - a natural person may conclude a preliminary contract for the sale of a planned residential house or apartment whereby the seller - a legal person obligates itself to build the residential house or apartment provided in the contract by itself or upon enlisting the help of other persons and thereafter conclude with the buyer a contract for the purchase-sale of the residential house or apartment, whereas the buyer obligates himself to purchase the built house or apartment for the price indicated in the preliminary contract.

2. The following shall be indicated in the preliminary contract:

1) the buyer’s right to repudiate the preliminary contract within ten days from the date of conclusion of the contract;

2) the price of the planned house or apartment and the terms and conditions of its revision or changing;

3) description of the subject matter of the contract and the works which the seller must perform;

4) time limits of construction of the residential house or apartment;

5) encumbrances of the right to the residential house or apartment (both present and future);

6) the contractor, architect, engineer and other persons who will carry out and supervise the construction work;

7) legal status of the land plot on which the house or apartment will be built and the rights to the land plot of the buyer of the house or apartment.

3. Where the preliminary contract provides for the seller’s right to claim indemnity from the buyer for the losses the seller would suffer if the buyer exercised the right specified in subparagraph 1 of paragraph 2 of this Article, the indemnity never exceeds one-fifth of the price of the immovable thing indicated in the contract of purchase-sale.

4. The project of the residential house, its estimate and other documents shall constitute an inseparable part of the preliminary contract.

5. It may also be stipulated in the preliminary contract that the buyer finances the construction of the residential house or apartment under the conditions provided in the contract whereas the seller shall perform the functions of customer. In this case the buyer shall acquire the right of ownership to the residential house or apartment upon payment of the construction price provided in the preliminary contract.

6. Unless otherwise provided for in the preliminary contract, a party to the preliminary contract may mortgage the planned residential house or apartment only in case the other party gives its written consent thereto.

SECTION NINE

PURCHASE-SALE OF AN ENTERPRISE

Article 6.402. Concept of Purchase-sale of an Enterprise

1. Under the contract of purchase-sale of an enterprise the seller obligates himself to transfer to the buyer by the right of ownership as an object of property the whole enterprise or a substantial part thereof, with the exception of the rights and duties which the seller has no right to transfer to other persons, while the buyer obligates himself to accept the said object and to pay the price.

2. The right to the name of the firm, trade name or service name or to other marks identifying the seller or his goods or services supplied by him, also to the rights possessed by the seller under the licence agreement shall pass to the buyer, unless otherwise provided by the contract.

3. The seller’s rights which he acquired under licences shall be transferred to the buyer only provided the possibility of such transfer has been stipulated by the laws or the licence. The transfer to the buyer alongside with the enterprise of obligations which he cannot perform since he does not have a licence for the performance of such obligations shall not release the seller from liability to creditors for non-performance of obligations. In such cases the seller and buyer shall be jointly liable to creditors for non-performance of the obligations.

Article 6.403. Form of the Contract

1. The contract for the purchase-sale of an enterprise must be a document in writing, signed by both parties and be accompanied by the requisite accompanying documents specified in Article 6.404 of this Code.

2. Non-compliance with the requirements of the form of the contract shall render the contract null and void.

3. The contract of purchase-sale of an enterprise may be set up against the third parties only provided it has been registered in the public register in the manner established by law and relevant amendments have been made in the register of legal persons.

Article 6.404. Contents of the Contract and the Accompanying Documents

1. The contract must specify the compositions of assets of the enterprise being sold and the price of the enterprise as well as the person who shall be paid and who shall settle with the creditors of the enterprise (Article 6.405 of this Code).

2. The following accompanying documents must be drawn up, agreed between the parties and signed before the signing of the contract:

1) deed of inventory of the enterprise assets;

2) the balance sheet of the enterprise;

3) the opinion of the independent auditor regarding the composition and price of the assets of the enterprise ;

4) the list of debts (obligations) of the enterprise , specifying the amount of the debt, time limits of performance and kinds of security of the obligations, creditors and their addresses.

3. The assets, rights and duties specified in the documents provided for in paragraph 2 of this Article shall be transferred to the buyer, save for the exceptions indicated in the contract and Article 6.402 of this Code.

Article 6.405. Protection of Rights of Creditors of the Enterprise

1. The buyer must not later than twenty days before the conclusion of the contract notify in writing all creditors of the enterprise named in the list of enterprise debts (obligations) of the intended sale of the enterprise. In the event of failure by the buyer to fulfil the above duty, the seller’s creditors shall have the right to submit their claims directly to the buyer. There is no need to notify the creditors of the enterprise of the sale thereof if the price of the enterprise is paid in cash and the amount thereof is sufficient to settle with all creditors of the enterprise.

2. Having received the notification specified in paragraph 1 of this Article, the creditor of the enterprise must within twenty days from the date of receipt thereof notify the buyer in writing of the share and nature of his claim.

3. The buyer shall pay part of the price provided for in the contract to the person specified in the contract, who shall be charged to settle with the creditors of the enterprise, while the remaining amount shall be paid to the seller. Only a bank, other credit institution or insurance company may be chosen by the parties as the person to be charged with settling with the creditors.

4. The person charged with settling with the creditors of the enterprise shall within twenty days from the day of payment of the price draw up and send to the creditors the deed of price distribution for the settlement of debts of the enterprise that is being sold.

5. Unless the creditors contest the deed of price distribution, they shall be paid the share of the price proportionate to the amount of their claims.

6. In the event the creditor/creditors file objections to the deed of price distribution within ten days from the receipt of the deed of price distribution, the person who has been paid the price must apply to the court for the determination of the priority of creditors and procedure of satisfaction of claims.

7. The buyer need not comply with the procedure laid down in this Article if he presents to all creditors of the enterprise an acceptable security for the satisfaction of claims. If the buyer duly performed his duties specified in this Article, the creditors of the enterprise shall lose the right to raise claims to the latter or against the assets of the sold enterprise, however, they shall retain the right to address their claims to the seller.

Article 6.406. Legal Consequences of Violation of Right of the Enterprise Creditors

1. In case of improper performance by the buyer of the duties laid down in Article 6.405. of this Code, the fact of sale of the enterprise may not be set up against the creditors of the enterprise whose right of claim arose before the conclusion of the contract for the purchase-sale of the enterprise, unless the buyer satisfies the creditors’ claims by paying for the value of assets of the purchased enterprise.

2. The claims of creditors provided for in paragraph 1 of this Article may be satisfied if submitted within a year’s period from the day on which they found out or should have found out about the sale of the enterprise and provided that not more than three years have elapsed from the date on which they found out

3. The seller and buyer of the enterprise shall be jointly and severally liable for the actions of the person who was paid the price and who had to settle with the creditors, however, the buyer shall only be liable to the extent of the value of the purchased assets of the enterprise.

4. The creditors of the enterprise whose claims were secured by pledge (hypothec) and who were excluded from the distribution of the price or whose claims were not fully satisfied shall retain their rights in any case.

Article 6.407. Transfer of the Enterprise

1. The seller shall transfer the enterprise to the buyer under the deed of transfer-acceptance. The deed shall contain information relating to the enterprise and its assets, the condition of its assets, obligations of the parties to the creditors of the enterprise and the performance thereof.

2. Unless the contract provides otherwise, the seller shall be bound to prepare the enterprise for sale and draw up the deed of transfer-acceptance at his own expense.

3. The enterprise shall be deemed transferred to the buyer from the moment the deed of transfer-acceptance is signed by both parties.

4. The risk of accidental perishing of or damage to the assets of the enterprise shall pass to the buyer from the moment of signing of the deed of transfer-acceptance of the enterprise.

5. Where the contract provides that the seller shall retain the right of ownership to the enterprise until the buyer pays the full amount of the price or until he/it fulfils other conditions, the buyer shall be entitled to use the assets of the enterprise and the incidental rights to the extent and in the manner that is required for the purpose for which the enterprise was acquired.

Article 6.408. Legal Consequences of Sale of a Defective Enterprise

1. In case the seller is transferred an enterprise which does not conform to the quality and other requirements contemplated in the contract, the buyer may exercise the rights provided for in Articles 6.321-6.323, 6.330, 6.334, 6.341, unless otherwise provided in paragraphs 2 to 4 of this Article or in the contract.

2. Where the enterprise is transferred and accepted under the transfer-acceptance deed in which the defects of the enterprise or its assets are specified, the buyer shall be entitled to demand reduction of the price if under the contract he is not entitled to present any other demands in such a case.

3. The buyer shall be entitled to demand reduction of the price if he has been assigned the seller’s debts (obligations) not specified in the contract or enterprise transfer-acceptance deed, except in cases where the seller proves that the buyer was aware or could not be unaware of the debts (obligations) at the moment of conclusion of the contract and transfer of the enterprise.

4. If the seller receives the buyer’s notification of discovery of defects of the transferred assets or of the fact that certain assets provided for in the contract are altogether missing, the seller shall have the right to promptly replace the assets of inferior quality with other analogous assets of proper quality or to offer to the buyer the missing assets.

5. Where the defects of the enterprise for which the seller is liable render the enterprise unfit for the use indicated in the contract and the defects cannot be eliminated or the seller did not eliminate them within the fixed lime period, the buyer shall have the right to apply to the court for the dissolution or revision of the contract and compensation for the damage.

Article 6.409. Arising of Effects of Nullity of Transactions and other Legal Effects of Dissolution or Change of a Contract

The legal effects of nullity of transactions, amendment or rescission of the contract provided for in this Code for the contract of purchase-sale of an enterprise shall arise only provided this does not essentially violate the rights of the seller’s and buyer’s creditors and their interests protected under law and is not contrary to public order.

Article 6.410. Cases when the Norms of this Section shall not be Applicable

The norms of this Section, regulating purchase-sale of an enterprise shall not be applied in the cases of sale of mortgaged assets of the enterprise, also when the assets of the enterprise are sold by its administrator or by the court bailiff.

SECTION TEN

INSTALMENT SALE

Article 6.441. Contract of Instalment Sale

1. Under the contract of instalment (credit) the seller shall retain the right of ownership to the thing which is being sold until the payment of the full sale price set in the contract, unless the contract provides otherwise.

2. A reservation of ownership in respect of the thing which is not subject to registration, acquired for the service or operation of an enterprise, has an effect against third person only if the purchase-sale contract has been registered in the public register according to the procedure prescribed by law.

Article. 6. 412. Risks of Accidental Perishing or Damaging of Thing

The risks of accidental perishing or damaging of thing transferred to the buyer shall be borne by the buyer, except in consumer contracts, unless otherwise provided by the contract of instalment sale.

Article. 6. 413. Form and Contents of the Contract

1. The contract of instalment sale shall be in writing.

2. The price of the thing and the amount of regular instalments, the schedule of payment of regular instalments and settlement procedure must be specified in the contract.

Article 6.414. Price and Settlement Procedure

1. The price of the thing and the procedure of effecting settlement in the sale thereof under an instalment contract shall be established by agreement between the parties. Unless the parties establish otherwise in the contract, subsequent change in the price of the thing sold by instalment shall not affect mutual settlement between the parties. Where, in case of a reservation of ownership right to the thing, the buyer fails to comply with the schedule of payment of regular instalments laid down in the contract, the seller may demand immediate payment of the instalments due or take back the sold thing. If the buyer has paid more than a half or the price of the thing, the seller shall have no right to take back the thing, unless the contract provides otherwise. The expenses incidental to amortisation and use of the thing provided for in the contract shall be deducted from the repayable instalments.

2. Where the right of ownership passes to the buyer from the moment of delivery of the thing, it shall be considered from the moment of delivery of the thing to the buyer until the payment of the full price that the thing has been pledged to the seller seeking to secure performance of obligations by the buyer (legal pledge (hypothec), unless the contract provides otherwise.

3. Where the buyer without having obtained the seller’s consent transfers to another person the things delivered to him or the things are seized due to unlawful actions of the buyer, the seller shall have the right to demand immediate payment of the balance of the sale price due.

4. If the contract of sale of things by instalment has been registered, the seller, having taken the things back, must within twenty days or within sixty days, where the subject matter of the contract is an immovable thing, cancel the registration of the contract according to the procedure established by law.

Article 6.415. Interest

1. The buyer’s obligation to pay interest in case of his default in the timely payment of regular instalments must be provided for in the contract of instalment sale. In this case the period for which the interest is payable shall run from the day of lapse of the time limit until the payment of instalments.

Article 6.416. Specifics of Instalment Sale

Where the buyer is a consumer, Article 6.188 of this Code and other provisions protecting the rights of consumers shall accordingly apply to the contract of sale of things by instalment.

SECTION ELEVEN

SALE WITH RIGHT OF REDEMPTION

Article 6.417. Contract of Sale with Right of Redemption

1. Under a contract for sale with a right for redemption the seller obligates himself to sell the thing at the same time reserving the right to redeem the sold thing, whereas the buyer obligates himself to possess, use and dispose of the thing in such a way as to allow the seller to exercise the right of redemption.

2. A contract of sale with the right of redemption in respect of any thing not subject to registration, which has been acquired for the service or operation of an enterprise, shall have effect against third persons only if the it has been registered in the public register according to the procedure established by law.

3. The seller’s right of redemption may not be stipulated for a term exceeding five years. In case the contract provides for a longer term of the above right, it shall be reduced to 5 years.

Article 6.418. Exercise of the Right of Redemption

1. The seller wishing to exercise his right of redemption shall give notice of his intention to the buyer or any other person against whom he intends to exercise this right. Such a notice must be published not later than twenty days before the day of exercise of the right of redemption if the thing is movable and not later than before sixty days if the thing is immovable. In case the contract has been registered, notice of the intention to exercise the right of redemption shall also be given to the administrator of the public register.

2. Where the seller exercises his right of redemption, he shall take back his thing free of any charges or encumbrances, or additional contributions or compensation to the buyer provided the notice of the intention to exercise the right of redemption was published according to the procedure laid down in this Law.

3. If the buyer of an undivided part of a property subject to a right of redemption acquires the remaining part of the undivided property he shall have the right to oblige the seller, if the seller wishes to exercise his right, to buy the rest of the property acquired by the buyer.

4. Where the thing is sold by several sellers jointly by way of a single contract, and they wish to redeem the thing or where several heirs left by the seller wish to exercise the right to redeem the thing, the buyer shall be entitled to require one seller or heir to buy back not only his share but also the whole thing.

5. Where it is provided in the contract that the object of the right of redemption is to secure a loan, the seller is deemed to be a borrower (receiver of the loan) and the buyer is deemed to be a hypothecary creditor.

6. The specifics of purchase-sale of securities with he right of redemption shall be established by separate laws.

SECTION TWELVE

AUCTION SALES

Article 6.419. Sale of Things by Auction

1. Sale of things by auction means a sale by which things are offered for sale to several persons through the intermediary - the auctioneer, and the contract is deemed concluded with the buyer - the bidder of the highest price for the thing offered for sale.

2. An auction sale may be either voluntary or forced. The peculiarities of an action as a forced sale shall be determined by the Code of Civil Procedure.

3. The regulations laid down in this Section shall apply to the purchase-sale by auction of things owned by the State and municipalities to the extent it is not provided otherwise by other laws.

Article 6.420. Price and Conditions of the Auction

1. The seller may fix the reserve price of the thing offered for sale and any other conditions of the auction. However, the conditions of the auction that have not been communicated to the bidders may not be set up against the bidders, save in the cases where the auctioneer announced the conditions to the bidders before receiving bids.

2. The seller shall have the right to refuse to disclose his identity but, if his identity is not disclosed to the successful bidder, the auctioneer shall become bound by all the obligations of the seller to the successful bidder.

3. The bidder shall have no right to withdraw his bid.

Article 6.421. Moment of Conclusion of the Contract

1. The contract of purchase-sale by auction shall be deemed concluded when the auctioneer announces this by the fall of his hammer or any other customary action. If at the moment when the completion of the auction sale of the thing is announced by the fall of the auctioneer’s hammer, a new bid is received, the auctioneer shall have the right to extend the auction or declare the thing sold for the last price bid before the fall of the hammer.

2. Entry of the bid and the name of the successful bidder makes proof of the sale. In the absence of such an entry proof by testimony by the witnesses shall be admissible.

3. In case an immovable thing is sold at the auction, a contract in the form prescribed by law must be within ten days from the sale concluded between the seller and the buyer.

4. Where an enterprise is sold at auction, the requirements provided in Articles 6.403-6.407 of this Code must also be complied with.

Article 6.422. Payment of the Price

1. The buyer must pay the price according to the procedure and within the time limits prescribed by the conditions of the auction.

2. If the buyer does not pay the price in compliance with the established procedure and within the set time limits, the auctioneer shall be entitled to exercise all rights of the buyer. Moreover, the auctioneer may, in addition to the ordinary remedies of a seller, announce, after a notice given to the buyer within a reasonable time, that he is holding a new auction for the resale of the thing. In such event a false bidder may not bid again at a new auction. He is bound to cover the auctioneer’s expenses incidental to arranging and holding a new auction and also pay the difference in prices if the thing was resold at a lesser price than the price false bidder did not pay.

Article 6.423. Withdrawing the Thing from Auction

If the auctioneer invites to make bids, the thing, for the sale whereof auction sale has been announced, may not be withdrawn, except in cases where no bid is received within a reasonable time. In a special auction, the thing for the sale whereof the auction is held may be withdrawn at any time.

Article 6.424. Protection of Buyer’s Rights

When a thing, which a buyer has purchased by auction, is arrested in compliance with requirements of the creditors of a seller, the buyer shall be entitled to withdraw from the contract and to request that the seller refund to him the paid amount and reimburse the incurred damage, provided that the buyer was unaware and was not able to know about the creditors’ claims for the property.

SECTION THIRTEEN

PURCHASE-SALE OF RIGHTS

Article 6.425. Contracts for Purchase-sale of Rights

The provisions of this Chapter shall apply to contracts of purchase-sale of rights to the extent this is not contrary to the nature and essence of the rights.

Article 6.426. Sale of Rights of Succession

1. A person who, upon accepting the property received by succession, sells rights of succession without specifying in detail the property affected, is bound to warrant to the buyer only his quality as an heir.

2. The seller is bound to hand over to the buyer all the fruits and revenues he has received from the succession together with the capital of any claim due and the price of any things he has sold which formed part of the succession.

3. The buyer is bound to reimburse the seller for the expenses incidental to accepting the succession and pay the amounts due to the seller from the succession.

4. The buyer is bound to reimburse the seller for the debts of the succession that he has paid.

5. The buyer shall also pay the debts of the succession for which the seller is liable.

Article 6.427. Sale of Litigious Rights

1. A right is litigious when it is contested by a person bringing an action or there is reason to presume that such an action maybe brought.

2. No advocate, judge, notary or court bailiff or their family members or close relatives may acquire contested litigious rights. Contracts, concluded by the above persons for purchase-sale of litigious rights shall be null and void.

3. Where litigious rights are sold, the person from whom they are claimed is fully discharged by paying to the buyer the sale price, the cost related to the sale and interest on the price. This right of redemption may not be exercised, where the sale is made to a creditor in payment of what is due to him or to a coheir or co-owner of the rights sold. Nor may the right of redemption be exercised where a court has rendered a judgement affirming the right sold.

SECTION FOURTEEN

PECULIARITIES OF CONCLUSION OF OTHER CONTRACTS OF PURCHASE-SALE

Article 6.428. Contracts of Purchase-sale of Securities and Currency

Peculiarities of conclusion of contracts of purchase-sale of securities and currency shall be established by other laws.

Article 6.429. Conclusion of a Contract of Purchase-sale of Securities and Currency

1. A contract of purchase-sale shall be concluded by way of a tender by the seller with the buyer determined by the tender commission according to the conditions of the tender.

2. Conclusion of a contract of purchase-sale by way of a tender shall be regulated by this Code and the regulations of the tender. The regulations shall be approved by the organiser of the tender or any other authorised person.

Article 6.430. Conclusion of Contracts of Purchase-sale on the Exchange

1. Conclusion of contracts for the purchase-sale on the commodity or stock exchange shall be regulated by the laws determining the activities on commodity and stock exchanges.

2. The general rules of conclusion of contracts of purchase-sale provided for in this Chapter shall be applicable to the contracts concluded on the commodity or stock exchanges to the extent that they are in conformity with the laws regulating the activities on the exchange or the essence of the contract.

6.431. Contract for Purchase-sale with a Reservation regarding the Right of Ownership

1. Under the contract for purchase-sale with a reservation clause regarding the right of ownership, the seller shall retain the right of ownership to the thing being sold until the performance by the buyer of the obligations provided for in the contract.

2. Under a contract of purchase-sale with a reservation clause relating to the right of ownership, the buyer shall have no right of disposal of the thing being sold until he fulfils all the conditions specified in the contract.

CHAPTER XXIV

EXCHANGE

Article 6.432. Concept of contract of exchange

1. Under a contract of exchange, each of the parties shall be obliged to transfer to the ownership of the other party one thing in exchange for another.

2. To the contract of exchange shall apply the norms regulating purchase-sale contracts (Chapter XXIII of this Book) if this is not contrary to the provisions of the present Chapter and the essence of exchange. Within the contract of exchange, each of the parties shall be deemed to be the seller of the goods he is obliged to transfer and the purchaser of the goods he is obliged to accept in exchange.

Article 6.433. Price and expenses of concluding a contract

1. Unless it arises otherwise from the contract of exchange, it shall be presumed that the goods subject to exchange are of equal value and exchanged without any extra payment, while the expenses for the transfer and acceptance thereof shall be effectuated in each instance by that party which bears the respective duties.

2. When in accordance with the contract the goods to be exchanged are considered not to be of equal value, the party obliged to transfer the good whose price is lower than the price of the good being granted in exchange shall not be bound to pay to another party for the difference in prices unless otherwise provided for by the contract.

Article 6.434. Performance of the obligation to transfer things

Both parties shall be bound to perform the obligation to transfer the respective things simultaneously unless otherwise provided for by the contract.

Article 6.435. Legal consequences for eviction of things acquired under a contract of exchange

1. In the event when a thing acquired by a party under a contract of exchange is evicted pursuant to the claim of a third person, this party shall have the right to claim from the other party either damages or recover the things transferred to the latter in exchange.

2. If a party after having received the things transferred to him in exchange becomes aware that the other party was not the owner of those things, he shall have the right to return the things received to the party who has transferred them. In this event the other party (in bad faith) may not demand from the party who has returned the things to deliver the things the latter has promised in exchange.

CHAPTER XXV

GIVING IN PAYMENT AND ALIENATION FOR RENT

Article 6.436. Concept of a contract of giving in payment

1. Under the contract of giving in payment, the debtor shall transfer his property which is not pledged to a creditor to the latter’s ownership in payment of his monetary or any other property debt.

2. The contract of giving in payment shall be governed by the rules pertaining to contracts of purchase-sale. The person who transfers property according to the contract of giving in payment (debtor) shall assume all duties of a seller.

3. The contract of giving in payment shall be deemed to be concluded at the moment when the property is delivered to the creditor.

Article 6.437. Prohibition to agree on giving in payment in advance

The parties shall be prohibited to include a clause in the contract by which the creditor reserves irrevocable right to become the owner of the property of the debtor or the right to dispose of it if the debtor fails to perform his obligation. Such contract clauses shall be null and void.

Article 6.438. Contract of alienation for rent

1. Under a contract of alienation for rent, the lessor shall transfer the ownership of an immovable thing to the lessee in exchange for a rent. The obligation to pay the rent shall rest on the lessee.

2. The rent shall be payable at the end of each year in money or in kind from the day on which the contract enters into force unless the contract provides for otherwise.

3. The lessee (payer of rent) may relinquish at any time periodical annual payments of rent by informing about this the lessor (recipient of rent) and offering instead to pay the capital value of the rent in a lump sum payment. Nevertheless, the lessee (payer of rent) may not transfer the obligation to pay the capital value of the rent in a lump sum payment to the insurer of the thing or to any other person.

4. The lessee shall be personally liable towards the lessor for the payment of rent. He shall not be discharged from the performance of his obligations upon relinquishing his ownership right in the immovable or due to its destruction by force majeure.

5. Any other relationships between the lessee and the lessor which are not established in the present Article shall be regulated by the corresponding rules pertaining to contracts of purchase-sale and to life annuities.

CHAPTER XXVI

RENT

SECTION ONE

GENERAL PROVISIONS

Article 6.439. Concept of a contract of rent

1. Under a contract of rent one party – the payer of rent (debtor) – undertakes an obligation gratuitously or in exchange for the capital transferred to his ownership to perform periodical payments to the other party – the recipient of the rent – of a monetary amount determined in the contract (rent) or to grant maintenance to the recipient of rent in any other form.

2. Duty to pay rent may be established not only by a contract but likewise by laws, a court judgement or a will. In such cases, payments of rent shall be correspondingly governed by the provisions of this Chapter.

3. It shall be presumed that a non-returnable loan constitutes a life annuity for the benefit of the lender.

Article 6.440. Capital transferable under a contract of rent

1.Under a contract of rent, the recipient of the rent can undertake an obligation to transfer to the ownership of the payer of rent a movable or an immovable thing or a sum of money.

2. Where the transfer of an immovable thing for payment is provided for by a contract, such a contract shall constitute a contract of purchase-sale for rent and shall be correspondingly governed by the provisions regulating a contract of sale.

3. If the capital is a sum of money, it may be paid in a lump sum or by instalments.

Article 6.441. A contract of rent for the benefit of a third person

It may be provided under a contract of rent that the recipient of the rent shall be a third person but not the person who transfers ownership of the capital for the benefit of the payer of rent.

Article 6.442. Duration of contract of rent

1. It may be provided under the contract of rent that a rent is constituted for the life of the recipient of rent (annuity for life), in perpetuity (permanent rent) or for a fixed term.

2. Rent for life (life annuity) may be established as maintenance for life.

3. It may be stipulated in the contract that the payment of rent shall be continued after the death of the recipient of rent for the benefit of his heir or any other person.

4. A contract of rent set up for a deceased person or a person who dies within the following thirty days from the day when the contract was formed shall be null and void. The same rule shall apply also in the case where a rent is constituted for a person who does not exist on the day when the contract is formed unless the recipient of rent has already been conceived at that time and is born alive.

5. Where a life annuity is set up for the lifetime of several persons successively, it shall have effect only if the first of those persons existed on the day the contract was concluded or if he was already conceived at that time and was born alive.

6. In all cases, the duration of contract of rent shall be limited to one hundred years from the day on which the contract of rent was formed.

Article 6.443. Form of a contract of rent

1. A contract of rent shall be subject to notarial certification.

2. A contract of rent providing for the alienation of an immovable thing under payment of rent may be invoked against third persons only upon that contract being registered in the Public Register within the procedure established by laws.

Article 6.444. Encumbrance of rights in an immovable thing by rent

1. A rent shall be deemed to encumber the right in an immovable thing if this thing is transferred under the condition of payment thereof. In the case of alienation of such thing by the payer of the rent, his obligations under the contract of rent shall pass to the acquirer of the thing.

2. The person who has transferred an immovable thing, the rights in which are encumbered by rent, to the ownership of another person shall be subsidiary liable with the new owner of the thing with regard to the claims of the recipient of the rent for violation of the contract of rent unless their solidary liability has been established by laws or the contract.

Article 6.445. Security for payment of rent

1. When an immovable thing is transferred under condition of payment of rent, the recipient of the rent shall acquire the right of pledge on this immovable thing as security of the obligation of the payer of the rent (forced hypotheque).

2. If under the contract of rent a movable thing or a sum of money is transferred to the payer of rent, the essential condition of the contract of rent shall be the duty of the payer of rent to grant security for the performance of his obligation or to insure his civil liability for the failure to perform or improper performance of the contract of rent.

3. If the payer of rent fails to fulfil the duties provided for in Paragraph 2 of this Article, likewise in the event of loss or essential deterioration of the thing by which performance of obligations of the payer of rent is secured under the circumstances for which the recipient of rent is not liable, the recipient of rent shall have the right to dissolve the contract and claim for compensation of damages.

Article 6.446. Interest for delay of payment of rent

In the event of delay of the payment of rent, the payer of rent shall pay the interest established by laws or a contract to the recipient of rent.

Article 6.447. Protection of interests of a recipient of rent

1. The capital accumulated for the payment of annuity shall not be subject to seizure on the ground of claims of the payer’s creditors and no exaction may be levied thereon. In the event of a dispute, the amount of non-seizable means shall be established by the court.

2. A stipulation to the effect that the rent is inalienable or that no exaction may be levied thereon shall be without effect unless the rent is paid gratuitously to the recipient as support. In such event, the stipulation shall have effect only in respect of the amount of rent necessary to support the recipient.

Article 6.448. Substitution of a payer of rent

1. A payer of rent may transfer his duty to an insurance enterprise duly authorised to engage in this type of activity by paying the value of the rent. In such event, the insurance enterprise shall acquire all rights and duties of the payer of rent.

2. No agreement of the recipient of rent shall be necessary for the substitution of the payer of rent provided for in Paragraph 1 of this Article, however, the recipient of rent may require the duty to pay rent to be transferred to another insurance enterprise than the one chosen by the payer of rent.

SECTION TWO

RENT IN PERPETUITY (PERMANENT RENT)

Article 6.449. Recipient of rent in perpetuity (permanent rent)

1. Only natural persons or non-profit organisations engaged in guardianship and curatorship may be recipients of rent in perpetuity (permanent rent) to the extent that this is not contrary to laws and the documents of their activities.

2. The rights of the recipient under a contract of rent in perpetuity (permanent rent) may be transferred by means of assignment of claim, or inheritance, or by reorganisation of the legal person unless otherwise provided for by laws or by the contract.

Article 6.450. Form and amount of rent in perpetuity (permanent rent)

1. Rent in perpetuity (permanent rent) shall be paid in money. Its amount shall be established by the contract of rent.

2. It may be stipulated in the contract of rent in perpetuity (permanent rent) that the payment of rent shall be effectuated by means of transferring things, fulfilling some work, or rendering services whose price corresponds to the value of the monetary amount of the rent.

3. Unless otherwise provided for by the contract, the amount of rent to be paid shall be indexed taking in regard the minimum monthly wages established by legal acts.

Article 6.451. Periods of payment of rent in perpetuity (permanent rent)

Unless otherwise provided for by the contract of rent, the rent in perpetuity (permanent rent) shall be paid at the end of every month.

Article 6.452. Right of the payer of rent to purchase rent in perpetuity (permanent rent)

1. The payer of permanent rent shall have the right to refuse further payment of rent by means of purchasing it.

2. The refusal to pay rent shall be valid only on condition that the recipient is notified by the payer of rent not later than three months prior to the termination of the payment of rent or within a longer period established by the contract. Nevertheless, even in this event, the obligation to pay rent shall not terminate until the entire amount of the purchase is received by the recipient of the rent unless otherwise provided for by the contract.

3. A clause of a contract of rent in perpetuity (permanent rent) upon the waiver of the payer’s right to purchase rent shall be null and void.

4. It may be provided for by a contract of rent that the right of purchase of rent in perpetuity (permanent rent) may not be effectuated during the life of the recipient of rent or during another period which cannot exceed thirty years from the day of concluding the contract of rent.

Article 6.453. Purchase of rent in perpetuity (permanent rent) at the demand of the recipient of rent

1. The recipient of rent in perpetuity (permanent rent) shall have the right to demand the purchase of rent by the payer thereof in the instances when:

1) the payer of rent fails to effectuate the payment within the set time-limit by more than one year unless otherwise provided for by the contract;

2) the payer of the rent violates his obligation to secure the payment of rent (Paragraph 2 of Article 6.445 of this Code);

3) the payer of rent is acknowledged to be insolvent or other circumstances have arisen which obviously testify that the payer of the rent will not be able to pay the rent in the amount and within the time-limits which have been established by the contract;

4) the immovable thing transferred under the contract of rent has become common ownership of several persons;

5) in other cases established by the contract.

Article 6.454. Purchase price of rent in perpetuity (permanent rent)

1. The purchase of rent in perpetuity (permanent rent) shall be made at the price determined by the contract of rent.

2. If the price of the purchase of rent is not determined the contract, the property which has been transferred for payment under the contract of rent in perpetuity (permanent rent), shall be purchased at the price corresponding to the yearly amount of the payable rent.

3. If the price of the purchase of rent is not determined in the contract, the property which has been transferred under payment of rent gratuitously shall be purchased at the price corresponding to the sum equal to the yearly amount of the payable rent and the value of the transferred property.

Article 6.455. Risk of accidental perishing or damage of property transferred under payment of rent in perpetuity (permanent rent)

1. The risk of accidental perishing or damage of property transferred gratuitously under payment of rent in perpetuity (permanent rent) shall be borne by the payer of rent.

2. In the event of accidental perishing or damaging of property transferred for payment under payment rent, the payer of rent shall have the right to demand either termination of his obligation to pay the rent or a change of the conditions for the payment thereof.

RENT FOR LIFE

Article 6.456. Recipient of rent for life

1. A rent for life may be paid to a natural person who has transferred property under the condition of payment of rent or to another natural person specified by him.

2. A rent for life may be paid to several natural persons. In this case the participatory share of right to receive rent shall be equal unless otherwise provided for by the contract of rent.

3. In the case of death of one of the recipients of rent, his participatory share in the right to receive rent shall pass to the recipients of rent who survive him unless otherwise provided for by the contract of rent. The obligation to pay the rent shall terminate upon the death of the last recipient of rent. In the event of rent being constituted for the benefit of both spouses, on the death of either of the spouses the rent shall be reverted upon the life of the surviving spouse unless otherwise provided for by the contract of rent.

4. The contract of rent for life set up for the lifetime of a person who was dead at the moment of concluding the contract shall be null and void.

Article 6.457. Amount of rent for life

1. A rent for life shall be determined in the contract as a sum of money to be paid periodically to the recipient of rent during his life.

2. Rent for life shall be paid in sums and within periods stipulated in the contract. In the instances where the periods of the payment are not indicated in the contract, the rent shall be paid every month by the first day of the following month.

Article 6.458. Dissolution of contract of rent for life at the demand of the recipient of rent

1. In the case of essential violation of a contract of rent for life by the payer of rent, the recipient of rent shall have the right to demand from the payer of rent the purchase of rent on the conditions provided for by Article 6.454 of this Code or dissolution of the contract and compensation of damages.

2. If an apartment, dwelling house or other property under payment of rent for life has been alieanated gratuitously and the contract has been violated essentially by the payer of rent, the recipient of rent shall have the right to require a return of that property. In this case, the value of the property shall be shall be set-off into the purchase price of the rent.

Article 6.459. Risk of accidental perishing or accidental damaging of property transferred under payment of rent for life

Accidental perishing or accidental damaging of property transferred under payment of rent for life shall not relieve the payer of rent from the obligation to pay it on the conditions established in the contract.

SECTION FOUR

LIFE ANNUITY

Article 6.460. Contract of life annuity

1. Under a contract of life annuity, the annuitant – a natural person – shall transfer a dwelling house, apartment, land plot or other immovable thing belonging to him to the ownership of the debtor of the annuity and the latter shall be obliged to maintain the annuitant and/or another person (persons) specified by him for life.

2. The provisions of Section Three of this Chapter which regulate rent for life shall apply to a contract of life annuity unless otherwise provided for by the present Section.

Article 6.461. Duty to grant life annuity

1. The duty of the debtor of the annuity to grant rent to the annuitant shall include provision thereof with a dwelling, clothes and other wear, alimentation, and in where the state of health of the annuitant so requires, also provide care for him. The duty of the debtor of the annuity to pay the expences of funeral services of the annuitant may also be established in the contract.

2. The value of the entire amount of annuity may be determined by the parties in the contract of life annuity. In this case, the value of the total amount of maintenance per month may not be less than the amount of one minimal monthly wages.

3. When deciding on the dispute between the parties concerning the content and amount of annuity, the court must be guided by the criteria of good faith, reasonableness and justice.

Article 6.462. Replacement of a life annuity by periodical payments

The possibility of replacing a life annuity in kind by the payment of periodical payments in money may be established by the parties in the contract. These periodical payments shall be paid during the life of the annuitant.

Article 6.463. Right of the debtor of the annuity to dispose and use alienated property

1. The debtor of the annuity shall have the right to alienate, pledge or by any other means encumber the right in an immovable thing transferred to him in exchange for life annuity only upon prior written consent of the annuitant. Such written consent must be confirmed by a notary.

2. The debtor of the annuity must take all necessary measures in order to prevent any decrease of the value of the thing transferred to him.

Article 6.464. Termination of life annuity

1. The obligation of life annuity shall terminate with the death of the recipient of the annuity.

2. In the event of essential violation by the debtor of the annuity of his obligations, the annuitant shall have the right to demand from the debtor the return of the immovable thing transferred to him or the payment of the purchase price thereof on the conditions established in Article 6.454 of this Code. In this case, the debtor of the annuity shall have no right to demand compensation of the expenses incurred by the maintenance of the annuitant.

CHAPTER XXVII

GIFT

Article 6.465. Concept of contract of gift

1. Under a contract of gift, one party (donor) transfers by gratuitous title property in ownership or a property right (claim) to another party (donee) or relieves the donee of a property duty to himself or to a third person.

2. A promise to gift a property or a property right or to relieve someone of a property duty in the future shall not constitute a contract of gift. However, the beneficiary of the promise to be gifted in the future shall have the right to claim from the promisor damages incurred in preparing to accept the gift if the donor has refused to conclude the contract of gift without any justifiable grounds.

3. A contract of gift providing for the right of the donor to recover by his unilateral decision the gifted property or the property right shall be null and void.

4. Requirements in regard of a contract of gift whose parties are spouses are established by the provisions of Book Three of this Code.

Article 6.466. Transactions not deemed to be a gift

1. A contract providing for the transfer of a gift to the ownership of the donee after the death of the donor shall be null and void. Relations of such kind shall be governed by the provisions regulating legal relationships of inheritance.

2. The donee’s unconditional renouncement of succession or a property right that he has not yet acquired shall not constitute a gift.

3. When between the parties to a contract of gift there exists a counter transfer of a certain property or property rights, or counter obligations, such contract shall not be deemed to be a gift. Legal consequences resulting from simulated transactions shall occur in such event. When one person transfers to another person property or a property right for remuneration, the contract of gift may be deemed to be constituted only for the part of the property or the property right in excess of the remuneration unless a different conclusion may result from the essence of the obligation concerned.

Article 6.467.Contract of gift under condition

1. A person, in gifting the property, may establish a condition for the property to be used exclusively for a definite purpose without prejudice to the rights and lawful interests of another persons.

2. In the event when the donee fails to perform a condition established in the contract of gift, the donor may demand within judicial proceedings the compliance with that condition or annulment of the contract of gift and return of the property.

3. A contract of gift providing for a duty of the donee to repay debts or perform other obligations which do not exist at the moment when the contract is formed, shall be null and void, except in cases where the future debt or obligation is clearly specified in the contract.

Article 6.468. Right of refusal of a donee to accept gift

1. The donee shall have the right to refuse the gift at any time before it is transferred to him.

2. If the contract of gift is made in the written form, the donor shall have the right to demand from the donee who has unreasonably refused to accept the gift compensation of damages caused by the refusal.

Article 6.469. Form of contract of gift

1. A contract of gift of a sum of money exceeding five thousand Litas must be concluded in the written form.

2. A contract of gift of immovable property likewise a contract of gift whose object exceeds fifty thousand Litas must be made in the form of notarial act.

3. A contract of gift of a thing or a property right in it shall create legal consequences to the third persons only in the event if the contract is registered in the public register.

Article 6.470. Capacity to make and receive gifts

1. A person lacking legal active capacity may not act in the capacity of a donor. The guardian of a person lacking legal active may not make gifts in the name of the latter, except those of symbolic character, the value of which does not exceed one minimum amount of subsistence level.

2. Only the guardian of a person lacking legal active shall have the right to accept gifts made to the latter, except those of symbolic character, the value of which does not exceed one minimum amount of subsistence level.

3. A contract of gift shall be null and void if the donor is a person who does not own the gift or is not properly authorized to conclude such contract.

4. Repealed on 22 June 2006 – No X-730.

5. A gift shall not be permitted to politicians, officials of state and municipal institutions, and other public servants, as well as to their close relatives where it is connected with the official position of the politician, official or public servant or with the performance of their official duties.

6. A contract of gift of property which does not exist at the time of contract formation likewise a contract of gift of property to be created in future shall be null and void.

7. A contract of gift may be annulled upon the action of the donor or of his heirs if at time when the contract of gift was concluded, the donor was terminally ill, which rendered him incapable of expressing his true will.

Article 6.471. Limitations to make a gift

1. The gift of property in joint common ownership shall be permitted exclusively upon written consent of all the participants of the joint common ownership.

2. The gift of property managed by the right of trust shall be permitted exclusively upon written consent of the owner of the property unless otherwise provided for by laws or the contract.

3. The gift of the right of claim shall be effectuated in compliance with the rules established in Articles from 6.101 to 6.104 and 6.107 of this Code.

4. A gift by means of the performance for the donee of his obligation to a third person or by acceptance of the debt of the donee to a third person shall be effectuated in compliance with the rules established in Articles 6.50, 6.115, 6.116, 6.118 and 6.119 of this Code.

5. A power of attorney to perform a gift in which the subject matter of the contract of gift is not specified and the donee is not named shall be null and void.

Article 6.472. Revocation of gift

1. The donor shall have the right to start judicial proceedings with the action in revocation of a gift if the donee has committed an attempt on his life or the life of his close relatives, or has intentionally caused them serious bodily injury, also if taking into consideration the nature of the gift, the personal qualities of the parties to the contract of gift and their interrelations, the donnee has committed against the donor such actions which are undoubtedly strictly reprehensible from the point of good morals. In the event of the intentional deprivation of life of the donor made by the donnee, the right to bring an action in revocation of a gift shall be possessed by the heirs of the donor.

2. The donor shall also have the right to start judicial proceedings with the action in revocation of a gift if the treatment by the donee of the gifted property, which is of great non-pecuniary value to the donor, creates a real threat of its loss.

3. The revocation of a gift shall obligate the donnee to restore to the donor the property he has received under the contract of gift in accordance with the provisions of this Book pertaining to restitution if this property still exists at the moment of revocation of the gift.

4. The action in revocation on the grounds provided for in this Article may be brought by the donor or by his heirs within a one-year prescription period which is calculated from the day the donor or his heirs became or should have become aware of the arising of such grounds.

5. The provisions of this Article shall not apply to ordinary gifts of domestic character and to presents of minor value.

Article 6.473. Duties of a donor

1. The donor shall transfer in accordance with the contract the property subject to be gifted without any encumbrance of the right thereto which is not established in the contract and which would hinder the use or disposal, as well as the possession of the property by the donee.

2. The donor may transfer only those rights in connection with the property gifted which he himself holds therein.

3. The donor shall not be liable for the latent defects in the property gifted if he was not or could not have been aware thereof.

4. The donee may claim from the donor compensation of damages if the donee suffered expenses in connection with the payment made to free the encumbered rights in the property given or with the elimination of defects in that property, and if the donor was aware or should have been aware of those encumbrances and defects but failed to disclose that to the donee.

5. The donor shall pay the expenses related with the conclusion and performance of the contract unless otherwise provided for in the contract.

Article 6.474. Liability of the donee for debts of the donor

Unless otherwise provided for by laws or the contract, the donee shall only be liable for the debts of the donor which are directly connected with the received gift.

Article 6.475.Compensation for injury

Injury caused to the life, health or property of the donee as a consequence of defects of the property gifted shall be compensated by the donor on the general grounds if it is proved that the defects arose before the transfer of the property to the donee and were not obvious, while the donor, although being aware of them, failed to disclose this to the donee.

Article 6.476. Donations (aid and charity)

1. A gift of property or property right for certain useful purposes shall be deemed to be a donation.

2. No authorisation or consent shall be required for the acceptance of donations.

3. A donation must be used for the determined designation. If the donation is accepted by a legal person, the latter must carry out accountancy of all operations relating to the use of the donated property.

4. The designation of the donation may be stated by the person who makes the donation or expressed by the request or actions of the person receiving the donation. If the use of donated property in accordance with the specified designation becomes impossible in the consequence of a change of circumstances, it may be used for another designation only with the consent of the donor, and in the event of the donor’s death (termination), only by a decision of the court.

5. In the event of donated property being used not in accordance with the designation specified by the donor, the donor or his successors shall have the right to demand within judicial proceedings revocation of the donation. This provision shall not apply in respect of donations of domestic character or those of minor value.

6. Article 6.467 of this Code shall not apply to donations.

CHAPTER XXVIII

LEASE

SECTION ONE

GENERAL PROVISIONS

Article 6.477. Concept of a contract of lease

1. Under a contract of lease one party (lessor) shall be obliged to grant to the lessee a thing for payment in temporary possession and use, and the other party (lessee) shall obligate himself to pay a lease payment.

2. A subject-matter of a contract of lease may be any durable thing. The kinds of things, the leasing of which is not permitted, may be established by laws.

3. A thing or its features enabling to define the thing which is to be transferred by the lessor to the lessee must be specified in the contract of lease. In the absence of such features in the contract, and if the subject-matter of the contract of lease cannot be determined according to other features, the contract of lease shall not be considered concluded.

4. A lessor may be the owner of the property under lease or persons empowered by laws or by the owner to lease out a thing owned by another person.

Article 6.478. Form of a contract

1. A contract of lease for a period of more than one year must be concluded in written form.

2. A contract of lease for immovable things for a period of more than one year may be invoked against third persons only in the event if it is registered in the Public Register in accordance with the procedure established by laws.

Article 6.479. Period of a contract of lease

1. A contract of lease may be fixed-term or concluded for an indefinite period, but in all cases the period of lease may not exceed one hundred years.

2. A period of a contract of lease shall be determined by the agreement of the parties. If the period of the contract of lease has not been determined in the contract, the contract of lease shall be considered to have been concluded for an indefinite period.

3. Other periods may be established by laws for the leasing of property which is owed by the state.

Article 6.480. Consequences of a contract of lease concluded for an indefinite period

If the contract of lease is indeterminate, both of the parties shall have the right at any time to repudiate the contract having warned the other party one month in advance, and in the event of the lease of immovable things, three months in advance. A more extensive period may be established in the contract of lease for the issue of warning about the termination thereof.

Article 6.481. Continuance of use of property after the expiry of period of contract

A contract of lease shall be considered to become concluded for an indefinite period where the lessee continues to use the property for more than ten days after the expiry of the period of the contract without any opposition from the lessor.

Article 6.482. Preferential right of the lessee to renew a contract of lease

1. The lessee who has duly performed his duties accepted according to the contract of lease shall have a preferential right before other persons to renew the contract upon the expiry of the period thereof.

2. The lessor must inform the lessee in writing within the period determined in the contract of the latter’s right to conclude a contract of lease for a new term, and if such period is not determined in the contract, within a reasonable period before the termination of the contract of lease.

3. When concluding a contract of lease for a new period, the conditions of the contract may be modified by the agreement of the parties.

4. If the lessor refused to conclude a contract with the lessee for a new period, but within a year from the termination of the contract of lease concluded a contract of lease upon the same thing with another person without informing the previous lessee, the latter shall have the right at his choise to claim either the transfer to him of the rights and duties of the lessee under the contract of lease concluded or compensation of damages incurred in the result of the refusal to conclude a contract of lease for a new period.

SECTION TWO

RIGHTS AND DUTIES OF PARTIES TO A CONTRACT OF LEASE

Article 6.483. Delivering property to the lessee

1. The lessor shall be obliged to deliver property to the lessee in the state corresponding to the conditions of the contract and designation of the property. The lessor shall be bound to guarantee that the thing is fit to be used for the purpose for which it is leased throughout the whole period of the lease.

2. The lessor shall not be held liable for the defects of the property leased which were stipulated by him when concluding the contract.

3. The lessor shall be obliged to deliver to the lessee the documents relating to the thing leased and appurtenances thereof (technical passport, certificate of quality, etc.) which are necessary for the use of that thing unless otherwise provided for by the contract.

4. Neither the lessor nor the lessee may change the form and designation of the leased property during the period of the lease.

Article 6.484. Consequences of non-delivering the thing to the lessee

In the event of the failure of the lessor to deliver into the use of the lessee the leased thing, its documents and appurtenances, the lessee shall have the right to recover this thing from the lessor and to claim damages caused by the delay of performance or to demand dissolution of the contract and compensation of damages caused by the non-performance of the contract.

Article 6.485. Liability of lessor for defects of the thing

1. The lessor shall be liable for defects of the thing leased out which wholly or partially obstruct the use thereof for its designation even in those instances where the lessor was not aware of those defects at the time of concluding the contract.

2. In the event of discovery of such defects as indicated in Paragraph 1 of this Article, the lessee shall have the right at his choice:

1) demand from the lessor either elimination of those defects without compensation or a commensurate reduction of the lease payment, or compensation of the expenses of the lessee incurred in the elimination of the defects;

2) withhold the amount of expenses incurred for the elimination of defects from the lease payment if the lessor was informed of this in advance;

3) demand the dissolution of the contract before time.

3. The lessor who is informed about the demands of the lessee or about the latter’s intention to eliminate the defects of the thing at the expense of the lessor shall have the righ to replace the leased thing of inferior quality with another analogous thing of proper quality or to eliminate the defects of the thing himself without compensation.

4. In the event where after the satisfaction of the demands of the lessee or after the withholding of expenses for the elimination of defects from the lease payment damages caused to the lessee are not fully compensated, he shall have the right to demand the reparation of the uncompensated part of the damages.

5. The lessor shall not be liable for those defects of the leased thing which were stipulated by him when concluding the contract or which should have been known to the lessee, or which should have been noticed by the lessee without any additional inspection when concluding the contract or delivering the thing, but which were not discovered through his own gross negligence

Article 6.486. Rights of third persons to leased property

1. A lease of a thing shall not terminate nor change the rights of third persons to that thing.

2. The lessor before concluding a contract of lease shall be obliged to inform the lessee about all rights of third persons to the thing upon lease (pledge, servitude, usufruct, etc.). If the lessor fails to perform this duty, the lessee shall have the right to demand a reduction of lease payment or dissolution of the contract and compensation of damages.

Article 6.487. Lease payment

1. The lessee shall be obliged to pay the lease payment on time. Unless otherwise provided for by laws or the contract, he shall have the right to demand a commensurate reduction of the lease payment if due to circumstances for which he is not responsible, conditions of the use of the thing established in the contract or the state of the thing have essentially got worse.

2. If the concrete amount of the lease payment or the method of its calculation is not determined in the contract, each of the parties to the contract shall have the right to apply to a court with the request to appoint independent experts for determination of the amount of the lease payment.

3. Upon the agreement of the parties, the lease payment may be established in the following forms:

1) in a fixed sum of money which must be paid in a lump sum or in instalments;

2) in a portion of the products, fruits or incomes received from the use of the leased thing;

3) by certain services supplied to the lessor by the lessee;

4) by the duty of the lessee to improve the state of the leased thing at his own expense;

5) by the duty of the lessee to transfer to the lessor a thing stipulated in the contract into his ownership or on lease.

4. The parties may agree on a combination of these forms for the determination of the amount of the lease payment or may establish another form of calculating the lease payment.

5. Unless otherwise provided for by the contract of lease, the lease payment may be changed by agreement of the parties within the periods agreed between them, but not more often than twice a year if laws do not foresee differently.

6. Unless otherwise provided for by the contract of lease, in the event of essential violation by the lessee of the periods for paying the lease payments, the lessor shall have the right to demand from the lessee effectuation of the lease payment in advance within the periods established by the lessor, though the amount may not exceed the payment for two periods in succession.

Article 6.488. Right of a lessee to incomes received from the leased thing

The incomes, fruits, livestock increase received from the leased thing shall belong to the lessee unless otherwise provided for by the contract.

Article 6.489. Use of leased property

1. The lessee shall be obliged to use the leased thing in accordance with the contract and designation of the thing.

2. The lessee shall be obliged to use the leased thing in such a way as not to hinder the use of that thing by other lawful users.

3. The lessee shall be liable towards the lessor and other lessees for the performance of the duty determined in Paragraph 2 of this Article. In addition, the lessee shall be liable for actions of other persons he entitles with the right or possibility to use the leased thing.

4. Where one of the lessees violates the duty provided for in Paragraph 2 of this Article, the other lessees may obtain a reduction of the lease payment if the lessor has been notified of the hindrances.

5. The lessor shall have the right without interfering with rights of the lessee to check if the lessee uses the leased thing in a proper way. In addition, the lessor shall have the right to show the leased thing to a prospective lessee or acquirer.

Article 6.490. Sublease

1. The lessee shall have the right to sublease the leased thing only with the written consent of the lessor unless otherwise provided for by the contract. The contract of sublease may not be concluded for a period exceeding the period of the contract of lease.

2. A refusal of the lessor to consent to the sublease of the thing must be reasonably motivated. If the lessor refuses to consent without any reasonable grounds, the lessee shall have the right to dissolve the contract before its expiry.

3. If the consent of the lessor for the sublease of a thing is not necessary, the lessee before concluding the contract of sublease, shall be bound to inform the lessor about the contract of sublease and the sublessee.

4. If the contract of lease is void, the contract of sublease shall also be void.

5. The rules established in this Article shall also apply to the lease for use.

6. The lessee shall be liable towards the lessor both in the event of sublease and the lease for use. If a sublessee violates the contract of sublease in essence and inflicts damage by his actions to the lessor or to other lawful users of that thing, the lessor shall have the right to demand dissolution of the contract of sublease.

7. In the event where the lessor fails to perform his obligations in accordance with the contract of lease, the sublessee may also submit a claim on behalf of the lessee.

Article 6.491. Assignment or encumbrance of rights and duties of a lessee

1. The lessee shall have the right upon the written consent of the lessor obtained in advance to assign his rights and duties under the contract of lease, to pledge the right of lease or to transfer it as a property contribution or to effectuate any other encumbrance thereof unless otherwise provided for by the contract of lease.

2. In the event of the assignment of rights and duties of the lessee to another person in accordance with the procedure established in Paragraph 1 of this Article shall relieve the lessee from his obligations towards the lessor resulting from the contract of lease.

Article 6.492. Duty of the lessor to make capital repair of a leased thing

1. The lessor shall be obliged to make capital repair at his own expense of the leased thing unless otherwise provided for by laws or the contract.

2. Violation by the lessor of the duty provided for in Paragraph 1 of this Article shall vest the lessee with the right, upon obtaining the authorization of the court, to make the capital repair and to recover from the lessor the price of the repair, or to withhold it from the lease payment, or to dissolute the contract and claim damages caused by failure to perform the contract. In this event the lessee shall be bound to submit to the lessor the estimate and account of the work of capital repair.

3. The lessee shall be obliged to provided for all the conditions necessary for the proper performance of the duty of the lessor indicated in Paragraph 1 of this Article.

4. In the performance of his duty indicated in Paragraph 1 of this Article, the lessor shall have the right to require from the lessee to temporarily desist from the use of the leased thing if the capital repair is necessary and urgent. If the capital repair is not urgent and the lessee does not agree to be temporarily dispossessed of the leased thing, the lessor must obtain the authorization of the court for the temporary restriction of the lessee’s right to use the leased thing.

5. The lessee whose right to use the leased thing is restricted shall have the right to obtain reduction of the lease payment, to demand compensation, or to apply for the dissolution of the contract of lease.

Article 6.493. Duty of a lessee with regard to maintenance of a leased thing

1. The lessee shall be obliged to maintain the leased thing in a proper state and to bear expenses for the maintenance of this thing and to make its current repair at his own expense unless otherwise provided for by laws or the contract.

2. The lessee, on becoming aware of damage or any other serious defects of the leased thing for the elimination of which urgent capital repair is necessary, shall be bound immediately to inform the lessor thereof.

3. In the event where the lessor, after he was informed by the lessee, fails to eliminate the defects, the lessee shall have the right to undertake the necessary repair work even without the authorization of the court if it is necessary to ensure the preservation of the leased thing; in doing so the lessee shall inform the lessor accordingly and subsequently submit to him the document confirming the value of the performed work as well as the replaced parts of the thing. Where necessary, the lessee may perform the inevitable repair of the thing by withholding the amount of the expenses from his payment of lease.

Article 6.494. Validity of a contract in the event of the transfer of a thing to another owner or in the event of death of a lessee

1. Transfer of the right of ownership of the leased thing from the lessor to another person, shall preserve validity of the registratable contract of lease towards the new owner/shall preserve the registratable contract of lease being in force towards the new owner, provided the rights resulting from that/such contract of lease are registered in the Public Register within the procedure established by laws.

2. The contract of lease shall preserve its validity even where the thing is passed from one state (local government) institution (lessor) to another.

3. Transfer of the right of ownership to the leased property from the lessor to another person shall be the grounds for the termination of the contract of lease in case of a demand of the lessee.

4. In the event of death of a lessee – natural person – who was leasing an immovable thing, his rights and duties under the contract of lease shall be passed to his heirs unless otherwise provided for by laws or the contract. In such event, the lessor shall have no right to refuse the heir of the deceased lessee the assignment of the rights and duties of the previous lessee for the remaining period of the lease, except in the cases when the conclusion of the contract was conditioned by the personal qualities of the lessee.

5. In the event of expropriation of the thing for public interests, the contract of lease shall terminate at the moment from which the new owner of the expropriated thing (possessor) acquires possession of that thing.

Article 6.495. Duty of a lessor to inform about a contract of lease

The lessor, in selling or in any other way transferring a leased thing, as well as pledging it or otherwise encumbering the right of ownership thereto, shall be bound to inform the purchaser of the thing or the party of any other contract about the contract of lease in operation, likewise to inform the lessee of the intended sale, any other alienation of the thing, or of the encumbrance of the right thereto.

SECTION THREE

TERMINATION OF A CONTRACT OF LEASE

Article 6.496. Termination of a contract of lease upon expiry of its time-limit

A contract of lease with a fixed term shall be terminated upon expiry of its time-limit unless it is renewed by the parties by forming/making/entering into a new agreement or within the order provided for by Article 6.481 of this Code.

Article 6.479. Dissolution of a contract before time upon demand of the lessor

1. The lessor shall have the right to bring an action into a court for the dissolution of a contract of lease before time, if:

1) the lessee uses the thing in violation of the contract or not according to the designation of the thing;

2) the lessee intentionally or through negligence worsens the state of the thing;

3) the lessee fails to pay the payment of lease;

4) the lessee fails to perform capital repair in those cases where the laws or the contract obligate him to do so;

5) there exist other grounds provided for by the contract of lease.

2. Unless otherwise provided for by the contract of lease, termination of the contract of lease before time shall also entail the termination of the contract of sublease.

3. The lessor shall have the right to demand dissolution of the contract of lease before time only after having sent a written warning to the lessee about the necessity to perform the obligation or eliminate violations within reasonable time, however the lessee after reception of such warning failed within reasonable time to perform the obligation or to eliminate the violations.

Article 6.498. Dissolution of a contract before time upon demand of a lessee

1. The lessee shall have the right to bring an action to a court for dissolution of a contract of lease before time, if:

1) the lessor fails to carry out the repair he is obliged to;

2) the thing by virtue of circumstances for which the lessee is not liable becomes not fit for use;

3) the lessor fails to transfer the thing to the lessee or hinders the use of the thing in accordance with its designation and the conditions of the contract;

4) the thing transferred has defects which were not stipulated by the lessor and were unknown to the lessee and which render the thing impossible to be used in accordance with its designation and the conditions of the contract;

5) there exist other grounds provided for by the contract of lease.

Article 6.499. Return of a thing to the lessor

1. Upon the termination of the contract of lease, the lessee shall be bound to return the thing to the lessor in the state he received it, taking into account normal wear and tear, or in the state agreed in the contract.

2. In the event where the lessee returns the thing after the term, the lessor shall have the right to demand effectuation of the lease payment for the entire time of the delay and compensation for damages incurred by such delay.

3. In the event of the failure on the part of the lessee to return the leased thing, he shall be bound to compensate to the lessor the amount of the value of that thing, likewise to effectuate the payment of lease and compensate for other damages incurred by the lessor.

Article 6.500. Liability of a lessee for deterioration of a thing

In the event of the lessee causing deterioration of the leased thing, he shall be bound to compensate to the lessor damages caused by the deterioration, except in the cases where the lessee proves that the deterioration occurred not due to his fault.

Article 6.501. Improvement of a thing

1. In the instances where the lessee with the permission of the lessor has made improvements of the leased thing, he shall have the right to compensation of the necessary expenses incurred by him for that purpose.

2. In the event where the improvements made by the lessee without the permission of the lessor are separable without harm to the leased thing, and where the lessor does not agree to compensate for them, they may be taken out by the lessee.

3. The value of improvements which are not separable without harm to the leased thing made by the lessee without the permission of the lessor shall not be subject to obligatory compensation.

Article 6.502. Liability of a lessee for loss of a thing

1. The lessee shall be liable for the loss of a thing unless he proves that the loss was not due to his fault or that of the persons he, upon the permission of the lessor, granted the right of use of the leased thing or allowed access thereto.

2. The lessee shall not be liable for the loss of an immovable thing by the reason of fire unless it is proved that the fire occurred due to his fault or that of the persons he, upon the permission of the lessor, granted the right of use of the leased thing or allowed access thereto.

Article 6.503. Purchase of leased property

1. It may be provided for by laws or the contract of lease that the leased thing shall pass to the ownership of the lessee upon the expiry of the time-limit of the contract of lease or before the expiry thereof if the lessee pays the entire amount of the price stipulated by the contract of sale by instalment.

2. If the condition on the purchase of the leased thing is not provided in the contract, it may be established by an additional agreement of the parties in which they may agree upon the set-off of the previously paid lease payment against the price of the thing.

3. A prohibition of purchase of the leased thing may be established by laws or the contract.

SECTION FOUR

CONSUMER LEASE

Article 6.504. Concept of a contract of consumer lease

1. Under the contract of consumer lease the lessor, i.e. the person whose permanent business activity is leasing of things, shall be obliged to grant a movable thing to the lessee (consumer) in his temporary possession and use for payment for the personal purposes of the lessor or his family, or for household purposes thereof, provided that it is not connected with business or professional activity, while the lessee shall be obliged to pay the payment of lease under a contract of consumer lease.

2. A contract of consumer lease is a consumption contract and shall be regulated, mutatis mutandis, by the rules governing consumption contracts established by this Code.

Article 6.505. Time-limit of a contract of consumer lease

1. The time-limit of a contract of consumer lease may not exceed the period of one year.

2. Rules established in Articles 6.481 and 6.482 of this Code shall not apply to the contract of consumer lease.

3. The lessee shall have the right to repudiate the contract at any time, having warned the lessor about that not later than ten days before the repudiation of the contract.

Article 6.506. Form of a contract of consumer lease

A contract of consumer lease shall be concluded in written form or in any other specially determined form (invoice, tag, etc.).

Article 6.507. Duty of the lessor to make a repair of the thing under a contract of consumer lease

The lessor shall be obliged to make the capital and current repair of the thing leased under the contract of consumer lease.

Article 6.508. Granting of a thing to the lessee

A lessor who has concluded the contract of consumer lease shall be obliged in the presence of the lessee to check the state of the thing being leased under the contract of consumer lease, to familiarize the lessee with the rules for the use of that thing or to furnish him written instructions on the use thereof.

Article 6.509. Elimination of defects in a leased thing

1. In the event of the discovery of defects in the leased thing which wholly or partly obstruct the use thereof, the lessor shall be obliged within ten days from the date of receiving the statement of the lessee concerning the defects unless a shorter period has been determined by the contract of consumer lease, to eliminate the defects without compensation on the site or to replace it with analogous thing in proper state.

2. In the instances where the defects of the thing appeared as a consequence of a violation by the lessee of the rules for the use and maintenance of the thing, the lessee shall be obliged to compensate to the lessor the expenses caused by the repair and transportation of the thing.

Article 6.510. Lease payment

1. The lease payment shall be determined in the contract of consumer lease in the form of a sum of money to be paid in a lump sum or in several instalments.

2. In the event where the lessee returns the thing to the lessor before time, the latter shall be obliged to return to the lessee the corresponding part of the lease payment calculated from the day following the day of the actual return of the thing.

3. The lessor shall have no right to unilaterally increase the lease payment after the contract was concluded.

Article 6.511. Limitation of the rights of the lessee

The lessor under a contract of consumer lease shall have no right to sublease a leased thing, to transfer his rights and duties under the contract of consumer lease to another person, to conclude a contract of loan for use in respect of that thing, to pledge the rights under the contract of consumer lease, or transfer them in the form of property contribution.

SECTION FIVE

LEASE OF MEANS OF TRANSPORT WITH GRANTING OF SERVICES RELATING TO DRIVING AND TECHNICAL MAINTENANCE

Article 6.512. Concept of lease of means of transport with granting of services relating to driving and technical maintenance

1. Under a contract of lease of means of transport with granting of services relating to driving and technical maintenance, the lessor shall take an obligation to grant means of transport to the lessee for his temporary use for payment and render services with regard to the and technical thereof, while the lessee undertakes an obligation to pay the lease payment.

2. The rules established in Articles 6.481 and 6.482 of this Code shall not apply to a contract of lease of means of transport with granting of services relating to driving and technical maintenance.

Article 6.513. Form of a contract

Irrespective of its duration, a contract of lease of means of transport with granting of services relating to driving and technical maintenance shall have to be formed in written form.

Article 6.514. Duty of the lessor relating to maintenance of means of transport

The lessor throughout the entire period of the contract of lease shall be obliged to ensure the proper technical state of the means of transport leased out, likewise to effectuate current and capital repair and grant necessary appurtenances.

Article 6.515 Duty of the lessor to grant services relating to driving and technical maintenance

1. The lessor shall be obliged to grant services with regard to driving and technical maintenance of means of transport, which would allow ensuring its normal and safe exploitation in accordance with the conditions of lease specified in the contract. The parties may foresee in the contract of lease of means of transport a more extensive group of services to be granted to the lessee by the lessor.

2. The lessor shall be obliged to ensure that the skills of the person or persons who drive the means of transport as well as other requirements established thereto conform to the criteria determined in laws and the contract of the lease of means of transport.

3. Persons driving the leased means of transport shall be workers of the lessor. They shall be subordinate to the instructions of the lessor with respect to the driving and technical maintenance of the means of transport, as well as to the requirements of the lessee with respect to the use of the means of transport.

4. Unless otherwise provided for by the contract of lease of means of transport, expenses relating to the sustenance of the persons driving the leased means of transport, as well as their wages shall be borne by the lessor.

Article 6.516. Duty of the lessee to pay the expenses connected with the use of means of transport for commercial

Unless otherwise provided for by the contract of lease of means of transport, the lessee shall bear expenses arising from the use of means of transport for commercial purposes, the cost of fuel and other materials utilised, as well as the payment of dues.

Article 6.517. Insurance of means of transport

Unless otherwise provided for by the contract of lease of means of transport, the duty to insure the means of transport and the civil liability of its operator shall rest upon the lessor.

Article 6.518. Contracts with third persons

1. Unless otherwise provided for by the contract of lease of means of transport, the lessee shall have no right to sublease the means of transport to third persons without the consent of the lessor.

2. Unless otherwise provided for by the contract of lease of means of transport, the lessee shall have the right without the consent of the lessor to conclude in his own name with third persons contracts of carriage as well as other contracts where this is not contrary to the purposes of the use of the means of transport.

Article 6.519. Liability for damage caused to means of transport

In the event of the perishing or damaging of the leased means of transport, the lessee shall be obliged to compensate to the lessor for the damages caused if the lessor proves that the means of transport perished or were damaged due to circumstances libility for which falls upon the lessee.

Article 6.520. Liability for damage caused to third persons

The lessee shall be held liable for the damage caused to third persons by the leased means of transport. Having compensated the damage, the lessee shall have the right of recourse against the lessor for recovery of the amount paid in the event where the damage was caused through the fault of the lessor.

Article 6.521. Peculiarities of lease of separate types of means of transport with granting of services relating to driving and technical maintenance

Peculiarities of lease of certain types of means of transport with granting of services relating to driving and technical maintenance may be determined by the Codes regulating separate types of means of transport.

SECTION SIX

LEASE OF MEANS OF TRANSPORT WITHOUT GRANTING SERVICES RELATING TO DRIVING AND TECHNICAL MAINTENANCE

Article 6.522. Concept of a lease of means of transport without granting services relating to driving and technical maintenance

1. Under a contract of lease of means of transport without granting services relating to driving and technical maintenance, the lessor shall take an obligation to grant means of transport to the lessee in temporary possession and use for payment, while the lessee undertakes an obligation to pay the payment of lease.

2. The rules established in Articles 6.481 and 6.482 of this Code shall not apply to the contract of lease of means of transport without granting services relating to driving and technical maintenance.

Article 6.523. Form of a contract

Irrespective of its duration, a contract of lease of means of transport without granting services relating to driving and technical maintenance shall have to be formed in written form.

Article 6.524. Duty to maintain the means of transport

The lessee throughout the entire period of lease shall be obliged to maintain the proper state of the means of transport leased, to effectuate current and capital repair unless otherwise provided for by the contract.

Article 6.525 Duty of the lessee in respect of operation and technical maintenance

The lessee shall ensure the operation and technical maintenance of the means of transport with his own forces and at his own expense.

Article 6.526. Duty of the lessee with regard to payment of expenses connected with the use of the means of transport and other expenses

Unless otherwise provided for by the contract of lease of means of transport, the lessee shall bear expenses related with the use and sustenance of the means of transport likewise to pay the insurance therefor.

Article 6.527. Contracts with third persons

1. Unless otherwise provided for by the contract of lease of means of transport, the lessee shall have no right without the consent of the lessor to sublease the means of transport to third persons on the conditions of the contract of lease.

2. Unless otherwise provided for by the contract of lease of means of transport, the lessee shall have the right without the consent of the lessor to conclude in his own name with third persons contracts of carriage as well as other contracts where this is not contrary to the purposes of the use of the means of transport.

Article 6.528. Liability for damage caused to third persons

The lessee shall be held liable for the damage caused to third persons by the leased means of transport.

Article 6.529. Peculiarities of lease of individual types of means of transport without granting services relating to driving and technical maintenance

Peculiarities of lease of certain types of means of transport without granting services relating to driving and technical maintenance may be determined by the Codes regulating individual types of means of transport

SECTION SEVEN

LEASE OF BUILDINGS, CONSTRCUTION WORKS AND INSTALLATIONS

Article 6.530. Concept of the contract of lease of buildings, construction works and installations

1. Under a contract of lease of buildings, construction works and installations, the lessor shall undertake an obligation to transfer for payment a building, construction works or installation to the lessee in temporary possession and use or temporary use, while the lessee undertakes an obligation to pay the payment of lease.

2. The provisions of this Section shall apply to the lease of enterprises to the extent that they are not contrary to the provisions of Section Eight of this Chapter.

Article 6.531. Form of a contract

1. A contract of lease of buildings, construction works and installations shall have to be formed in written form.

2. A contract of lease of buildings, construction works and installations may be invoked against third persons only if it is registered in the Public Register.

Article 6.532. Rights to a land plot

1. Under a contract of lease of buildings, construction works and installations, the rights of the use of that part of the land plot which is occupied by the relevant buildings, construction works and installations and is necessary for the use thereof in accordance with their designation shall pass to the lessee simultaneously with the transfer of the subject-matter of lease.

2. In the event where the lessor is the owner of the land plot on which the leased buildings, construction works or installations are situated, the land plot shall be provided for the use of the lessee under the right of lease or on any other right stipulated in the contract of lease of buildings, construction works and installations.

3. In the event where the rights of the lessee to the land plot occupied by the relevant buildings, construction works or installations are not determined in the contract of lease of buildings, construction works and installations, it shall be deemed that the lessee is granted for the period of the lease of the respective immovables the right to use gratuitously that part of land plot which is necessary for the use of buildings, construction works and installations in accordance with their designation.

4. The lease of buildings, construction works or installations situated on a land plot which does not belong to the lessor by the right of ownership shall be permitted without the consent of the owner of this plot exclusively where this is not contrary to laws or the contract between the owner of the plot and the lessor of the buildings, construction works and installations.

Article 6.533. Right of the lessee to the use of a land plot in the event of substitution of its owner

In the event where the land plot occupied by the leased buildings, construction works or installations is sold or transferred under any other grounds into the possession of another person under the right of ownership, the lessee shall retain the right to use that part of land plot which is necessary for the use of buildings, construction works and installations in accordance with their designation under the same terms as existed before the alienation of the land plot into the ownership of another person, providing the contract of lease was registered in the Public Register in accordance with the procedure established by laws.

Article 6.534. Payment of lease

1. The payment of lease shall be determined upon the agreement between the parties.

2. The payment of lease established in the contract shall include payment for the use of the land plot on which the leased buildings, construction works or installations are situated unless otherwise provided for by laws or the contract of lease.

3. In the instances where the payment of lease has been established per unit of space of the building, construction works or installation or any other dimension thereof, the lease payment shall be determined by proceeding from the actual size of the leased building, construction works or installation.

Article 6.535. Transfer of building, construction works or installation

1. The transfer of a building, construction works or installation and the acceptance thereof shall be effectuated under the act of transfer-acceptance. The act shall be signed by both parties.

2. Unless otherwise provided for by laws or the contract, the obligation of the lessor to transfer the building, construction works or installation to the lessee shall be considered to have been performed after the factual granting of the building, construction works or installation to the lessee or upon the signing of the act of transfer-acceptance.

3. In the event of one party of the contract avoiding to sign the act of transfer-acceptance of a building, construction works or installation under the conditions agreed in the contract of lease, it shall be considered as a refusal respectively of the lessor to perform his obligation with regard to the transfer of the relevant building, construction works or installation or of the lessee to accept them.

4. Upon the termination of a contract of lease of a building, construction works or installation, they must be returned to the lessor in accordance with the rules determined in this Article.

SECTION EIGHT

LEASE OF ENTERPRISE

Article 6.536. Concept of the contract of lease of enterprise

1. Under a contract of lease of enterprise, the lessor shall take an obligation to grant to the lessee in temporary possession and use for payment an enterprise as a property complex used for business purposes, while the lessee undertakes an obligation to pay the payment of lease. The granting of an enterprise as a property complex to the lessee shall also comprise a transfer of the plot of land, buildings, construction works, installations, equipment, other means of production specified in the contract, raw materials, stocks, working capital, rights to the use of land, water and other natural resources, buildings, construction works or installations, likewise any other property rights connected with the enterprise, the rights to the product or service mark and the name of the firm as well as other exclusive rights. The transfer of an enterprise as a property complex shall also comprise the assignment of the rights to claim and obligation of debts determined in the contract of lease. The transfer of the rights of possession and use of property which is in the ownership of other persons, likewise the transfer of rights of possession and use of land and other natural resources shall be effectuated in accordance with the procedure established by laws.

2. The rights of the lessor acquired by him on the basis of an authorisation (licence) may not be transferred to the lessee under the contract of lease of enterprise, except in cases provided for by laws or the contract. The inclusion in the composition of obligations of the transferable enterprise of such obligations whose performance by the lessee is impossible in the absence of pertinent authorisation (licence) shall not relieve the lessor from the relevant obligations to the creditors.

Article 6.537. Rights of the creditors of the enterprise in the event of lease of enterprise

1. The lessor of an enterprise shall be obliged before the transfer thereof to the lessee to notify in writing the creditors of the enterprise about its lease.

2. A creditor of the enterprise who has not communicated to the lessor in writing his prior consent to the delegation of the debt, shall have the right within three months from the date of receiving notification about the lease of the enterprise to demand dissolution of the contract concluded by the lessor or performance of that contract before the time and compensation of damages.

3. A creditor of the enterprise who has not been informed about the lease of the enterprise in accordance with the procedure established in Paragraph 1 of this Article, shall have the right to bring the claims provided for in Paragraph 2 of this Article against the lessor within the period of one year from the date when he became aware or should have become aware of the lease of the enterprise.

4. Upon the lease of the enterprise, the lessor and the lessee shall be solidarily liable for the debts of the enterprise which were delegated to the lessee without the creditor’s consent.

Article 6.538. Form of a contract

1. A contract of lease of enterprise shall be concluded in written form by means of drawing up one document.

2. The failure to comply with the requirements to the form of the contract of lease of enterprise shall render the contract null and void.

3. A contract of lease of enterprise may be invoked against third persons only where it has been registered in the Public Real Property Register and the Register of Enterprises.

Article 6.539. Transfer of an enterprise

1. The transfer of a leased enterprise shall be effectuated under the act of transfer-acceptance.

2. The preparation of the enterprise for the transfer, including the drawing up of the act of transfer-acceptance shall be the duty of the lessor to be performed at his own expense unless otherwise provided for by the contract of the lease of enterprise.

Article 6.540. Use of property of a leased enterprise

1. Unless otherwise provided for by the contract of the lease of enterprise, the lessee shall have the right without the consent of the lessor to sell, exchange, transfer for temporary use raw materials, stocks, manufactured products which are part of the property of the leased enterprise, sublease them and transfer his rights and obligations in respect of those valuables under the contract of lease, on condition that this does not entail violation of the provisions of the contract of lease of enterprise and reduction of the value of the enterprise.

2. Unless otherwise provided for by the contract of the lease of enterprise, the lessee shall have no right without the consent of the lessor to make changes in the leased enterprise as a property complex, perform its reconstruction, modernisation, expansion of its capacity, technical re-equipping or introduce any other transformations.

Article 6.541. Duty of a lessee to ensure exploitation of a leased enterprise

1. The lessee of an enterprise shall be obliged within the entire period of operation of the contract of lease to ensure proper technical state of the enterprise and to perform its current and capital repair.

2. The lessee shall be obliged to bear all the expenses related with the exploitation of the leased enterprise, to pay for the insurance of the property of the enterprise and any effectuate other payments unless otherwise provided for by the contract of lease of the enterprise.

Article 6.542. Improvements of enterprise

1. The lessee of an enterprise shall have the right to compensation for the expenses incurred in respect of inseparable improvements of the enterprise providing that the consent of the lessor for such improvement was obtained, except in cases when otherwise provided for by the contract of lease of the enterprise.

2. The lessor may be relieved from the obligation to compensate expenses indicated in Paragraph 1 of this Article if he can prove that the expenses of the lessee increased the value of the enterprise incommensurately to the improvements of its quality and/or operational properties, or when effectuating such improvements the criteria of good faith and reasonableness were violated.

Article 6.543. Arising of effects of nullity of transactions and other legal effects to contract of lease of enterprise

The provisions of the present Code concerning the effects of nullity of transactions, the legal effects of dissolution or change of a contract, likewise those providing for the return of property or the recovery in kind shall be applicable to contract of lease of enterprise to the extent that this does not violate in essence the rights and interests of the lessor, lessee and other persons, and is not contrary to public order.

Article 6.544. Return of a leased enterprise

In the event of the termination of a contract of the lease of enterprise, the lessee shall be obliged to return the enterprise to the lessor in accordance with the rules established in Articles 6.536, 6.537 and 6.539 of this Code. The preparation of the enterprise for the transfer, likewise the drawing up of the act of transfer-acceptance shall be the duty of the lessee to be performed at his own expense unless otherwise provided for by the contract of the lease of enterprise.

CHAPTER XXIX

LEASE OF LAND

Article 6.545. Concept of a land lease contract

1. Under a land lease contract, one party (lessor) shall take an obligation to transfer for payment a plot of land to the other party (lessee) in temporary possession and use for the purposes specified in the contract and under conditions established therein, while the lessee undertakes an obligation to pay the payment of land rent indicated in the contract.

2. Separate laws of the Republic of Lithuania may stipulate the peculiarities in respect to the lease of land to diplomatic and consular missions of foreign states, likewise the lease of land plots located in free economic zones, the territory of the seaport or any other specific locations.

Article 6.546. Subject matter of a land lease contract

The subject matter of a land lease contract shall be a plot of land (or a part thereof) in the state or private ownership formed in accordance with the project of land-use planning or any other detailed document of territorial planning, and registered in the Public Register within the procedure established by laws.

Article 6.547. Form of a land lease contract

1. A land lease contract shall have to be formed in written form.

2. A land lease contract may be invoked by the parties against third persons only if it is registered in the Public Register within the procedure established by laws.

3. A land lease contract shall have to be appended with the plan of the land plot to be leased, and in the event of the land to be leased for the period of up to three years, with the scheme of the land plot. These documents shall form an inseparable part of the land lease contract.

Article 6.548. The lessor of land and the lessee of land

1. The lessor of land in private ownership shall be the owner of the private land.

2. A contract of lease of public land may be formed, within its remit, by an institution which performs the functions of the manager of public land.

3. In the event of a plot of land belonging to several persons under the right of co-ownership, the land plot concerned may be leased upon the written consent of all the co-owners.

4. Lessees may be natural and legal persons of the Republic of Lithuania and foreign states.

Article 6.549. Duration of a land lease contract

1. The duration of a contract of lease of land in private ownership shall be established upon the agreement between the lessor and the lessee. The parties may also form a land lease contract for an indeterminate term.

2. The duration of a contract of lease of public land shall be established upon the agreement between the lessor and the lessee, nevertheless, the term may not exceed ninety-nine years.

3. A shorter maximum duration of a land lease contract may be stipulated by laws.

4. Where the land plot pursuant to the territorial planning documents is allocated to be used for public needs, such land plot shall be leased only for a period until it is expropriated for the purposes intended. In the event of the contract being concluded for a longer period, it shall be deemed to be concluded only for the duration until the expropriation of the land plot.

Article 6.550. Content of land lease contracts

1. The following must be stated in a land lease contract:

1) the lessor of the land;

2) the lessee of the land;

3) the data on the object of the land lease registered in the Land Cadastre and the Public Register;

4) duration of the lease of land;

5) the principal particular purpose of land utilisation;

6) conditions of use of the construction works and installations situated on the leased land and belonging to the owner of the land or any other persons under the right of ownership, as well as the conditions of erecting new buildings, construction works, building of roads and water reservoirs, or other conditions, likewise the intended use of the buildings or installations upon the expiry of the time-limit of the land lease contract;

7) conditions of use of the surface and subterranean waters, mineral resources (with the exception of amber, oil, natural gas and quartz-sand) found in the land plot to the extent that they are not contrary to laws.

8) special conditions of the use of land;

9) restrictions of the use of land;

10) land servitudes and other real rights;

11) payment for the land lease. It shall include payment for the land-reclamation installations, roads, bridges, engineering equipment, etc., likewise indexing of the payment in the event of the lease of public land;

12) other commitments of the lessor and the lessee related with the use of the land plot and its return upon the expiry of the land lease contract;

13) liability for the infringements of the land lease contract.

2. A land lease contract may not provide for:

1) authorisation issued to the lessee to represent the owner of the land and dispose of the private land of this owner and any other immovable property situated therein;

2) the right of a lessee of land in private ownership to change the principal particular purpose of land utilisation.

3. The conditions of the land lease contract which determine the manner of the use of the leased land may not contradict to the interests of environment, those of the owners or users of the neighbouring land plots, as well as to the public interests.

Article 6.551. Lease of public land

1. Public land, with the exception of cases provided for in Paragraph 2 of this Article, shall be leased by competitive bidding in accordance with the procedure established by the Government of the Republic of Lithuania to a person who offers the highest payment for the lease of land.

2. Public land shall be leased not by competitive bidding in the instances when it is built over by buildings, construction works or installation that belong to natural or legal persons by the right of ownership or are leased by them, likewise in other cases provided for by laws.

Article 6.552. Payment of land rent

1. Payment of land rent in private ownership shall be determined upon the agreement between the lessor and the lessee.

2. Payment of public land rent which is not leased by competitive bidding shall be determined in accordance with the procedure established by legal acts.

Article 6.553. Sub-lease of land

1. The lessee of land shall have the right upon written consent of the lessor to sub-lease the leased land in compliance with the requirements and conditions stipulated in the land lease contract.

2. Land designated for agricultural purposes may not be sub-leased for any other purposes than determined in the land lease contract.

3. The contract of the sub-lease of land shall be formed in accordance with the requirements laid down for a land lease contract.

Article 6.554. Reimbursement of expenses incurred by the lessee for the improvement of land designated for agricultural purposes

Expenses incurred by the lessee for the improvement of land designated for agricultural purposes shall be reimbursed in the event where it is so provided for in the land lease contract or upon the agreement (additional written agreement) of the parties made prior to the commencement of work concerned upon the character, scope and the costs of the land improvement work.

Article 6.555. Duty of the lessor to repair land reclamation installations, roads, bridges and other engineering facilities

1. Unless otherwise provided for by laws or the land lease contract, the lessor shall be obliged to repair at his own expense land reclamation installations, roads, bridges and other engineering facilities owned by him. In the event where the lessor fails to perform this duty, which renders the land plot impossible to be used for its designation, the lessee shall have the right to dissolute the contract.

2. In the instances where the lessor fails to perform the repair work indicated in the preceding Paragraph and acknowledged by relevant public authorities as indispensable and immediate, the lessee shall have the right to perform the repair work himself and exact from the lessor within judicial proceedings repair expenses necessary to ensure the functioning of the leased property.

Article 6.556. Duty of the lessee in regard to the preservation and quality of soil, proper maintenance of land reclamation installations, roads, bridges, other engineering facilities and green plantations

1. The lessee shall be prohibited to perform any actions in the leased land plot which might bring about destruction or pollution of the fertile layer of soil. Unless otherwise provided for by the land lease contract, the lessee shall be obliged at his own expense to perform within the procedure established by laws minor maintenance work of the land reclamation installations, roads, bridges and other engineering facilities belonging to the lessor, to preserve protective and other signs, likewise to ensure the compliance with the environment requirements in the territory. In the event where the lessee fails to perform these duties, the lessor shall have the right to exact within the judicial proceedings from the lessee the funds necessary for the performance of the indicated work and damages incurred in the result of the non-performance of the duties specified in this Article, and dissolute the land lease contract.

2. In the event of improper use of agricultural lands by the lessee with resultant deterioration of their quality, the lessee of the land shall be obliged to compensate to the lessor the damages caused.

Article 6.557. The right of the lessee to compensation for erected buildings, construction works and installations

1. Upon the expiry of the time-limit of the land lease or upon its dissolution before the term, the owner of the land shall compensate the lessee for the erected buildings, construction works and installations, the construction of which was provided for in the land lease contract; where these constructions remain in the possession of the lessee by the right of ownership, the latter shall have the right to the land servitude, providing that it was stipulated in the land lease contract or the additional written agreement.

2. In the event where the buildings, construction works and installations were erected without permission, or where the erected buildings, construction works and installations were not stipulated in the land lease contract, the lessee shall be obliged to demolish them and restore the land plot. If the lessee fails to comply, this shall be executed by the lessor at the expense of the former, while the buildings, construction works and installations concerned shall pass to the lessor by the right of ownership, providing the constructions conform to the requirements established in the territorial planning documents and are legitimised in accordance with the procedure established by laws.

Article 6.558. Validity of a land lease contract upon the substitution of the lessee of land

1. Upon the death of the lessee, the rights and duties thereof related with the lease contract shall pass on to his heirs, providing that they do not relinquish these rights and duties. In the event of the lessee’s heirs relinquishing the land lease contract, they shall be obliged to compensate to the lessor for the damages incurred in this connection.

2. In the event of the lessee of land being a legal person and it being reorganised, his rights and duties pursuant to the contract shall pass on to the new legal person.

Article 6.559. Validity of a land lease contract upon the substitution of the lessor of land

In the event of the death of the land owner, or the pass of the land ownership rights to another owner on any other legal grounds, or upon the substitution of the lessor of public land, the land lease contract shall be valid in respect to the new owner of the land or the new lessor of public land, providing that the contract was registered in the Public Register in accordance with the procedure established by laws.

Article 6.560. Duty of the lessor to notify about the lease contract

Before executing the sale or any other alienation of the leased land, likewise before mortgaging the land or by any other way encumbering the rights thereto, the lessor shall be obliged to notify the acquirer of the land plot as well as the prospective mortgager about the existence of the land lease contract, while the lessee must be notified about the forthcoming alienation of the land plot or any other encumbrance of the rights thereto.

Article 6.561. Prohibition to lease mortgaged land

In the event of the failure of the owner of mortgaged land to satisfy debt obligations by the date established in the contract, and after a ruling is passed by a mortgage judge to arrest the mortgaged land, the land concerned may not be leased.

Article 6.562. Expiry of a land lease contract

A land lease contract shall be terminated:

1) upon expiry of the time-limit of lease;

2) after the death of the lessor of land where his heirs do assume the rights and duties related to the lease contract, or in the case of absence of any heirs;

3) upon liquidation of the legal person that was the lessor of the land;

4) when the land under lease is sold, gifted or by any other way alienated to the lessee;

5) upon the dissolution of the land lease contract on the grounds established in Articles 6.563, 6.564 and 6.565;

6) upon agreement of the parties.

Article 6.563. Dissolution of a land lease contract upon the expropriation of land for public needs

In the event of the land being expropriated for public needs, the land lease contract shall be dissolved and the damages incurred by the lessor and the lessee compensated in accordance with the procedure established by laws.

Article 6.564. Dissolution of a land lease contract at the demand of the lessor before the expiry of its time-limit

1. A land lease contract may be dissolved at the demand of the lessor before the expiry of its time-limit:

1) if the lessee of the land fails to use the land in conformity with the contract or the principal particular purpose of land utilisation;

2) if the lessee of the land fails to execute payment for the land lease within the period of three months from the payment date established in the land lease contract;

3) in other instances provided for by laws.

2. Notification in written form about the dissolution of a land lease contract must be conveyed by the lessor not later than three months prior to the dissolution of the lease contract to the lessees of agricultural land and not later than two months before the dissolution of the lease contract, to the lessees of any other land.

3. In the event of a contract of the lease of agricultural land being dissolved before the expiry of its time-limit at the demand of the lessor, the harvest shall be gathered by the lessee, or the lessor shall compensate the lessee for the damages incurred due to the dissolution of the contract.

Article 6.565. Dissolution of a land lease contract at the demand of the lessee before the expiry of its time-limit

1. In the event of lease of agricultural land, a lease contract of such land may be dissolved before the expiry of its time-limit at the demand of the lessee upon prior notification of the lessor not later than three months before the dissolution, and not later than two months before the dissolution of a contract of the lease of any other land.

2. In the event of the failure of the lessor to perform the duties specified in Article 6.555 of this Code, the lessee shall have the right to dissolve the land lease contract without being bound by the procedure established in Paragraph 1 of this Article.

Article 6.566. Right of a lessee to renew a land lease contract

Upon the expiry of the time-limit of a land lease contract, and along with the previous lessee there being several other contenders for the lease of the land on the same conditions, priority right to form a new land lease contract shall be awarded to the former lessee, providing that he duly performed the duties assumed under the land lease contract.

CHAPTER XXX

LEASING (FINANCIAL LEASE)

Article 6.567. Concept of the leasing (financial lease) agreement
1.

Leasing (financial lease) is an agreement whereby one party (the lessor) undertakes to acquire from a third party, on the specifications of another party (the lessee), a thing and place it, in return for payment, at the possession of the lessee for business purposes provided that upon payment of the total amount provided for in the leasing agreement the equipment will pass to the ownership of the lessee, unless otherwise provided for by the agreement. The provisions of this Chapter shall also apply mutatis mutandis in cases where the lessor is the owner of the leased property.

2.

The lessor shall select the seller and the thing in accordance with the instructions of the lessee and shall not be liable with respect to the selection of the seller or the leasing object, unless otherwise provided for by the leasing agreement.

3.

The lessor may, under the agreement, be a bank or another profit-seeking legal person.

Article 6.568. Subject-matter of the leasing agreement
1.

The object of the leasing agreement may be any non-consumable movable or immovable thing with the exception of land and natural resources.

2.

The lessor may transfer all or part of his rights related to the leasing agreement and its object to third parties. Such transfer of rights shall be without prejudice to the lessor’s obligations under the leasing agreement where the time limit for meeting such obligations is due before transfer of such obligations to third parties and shall be without prejudice as to the substance of the leasing agreement.

3.

The lessee may transfer the right to the use of the object of the leasing agreement or any other right under the leasing agreement only subject to a prior written consent of the lessor.

4.

Unless otherwise provided for by the leasing agreement, the lessor may not, without a written consent of the lessee, pledge the leasing object.

Article 6.569. Lessor’s duty to notify of the leasing agreement

When acquiring a thing for the purpose of leasing it to the lessee, the lessor must notify the seller of his intention to hand the thing over, under leasing conditions, to a specific lessee.

Article 6.570. Transfer over of the leasing object
1.

Unless otherwise provided for by the leasing agreement, the seller shall transfer the thing, which is the object of the leasing agreement, over directly to the lessee at the latter’s place of business.

2.

Where the thing (the object of the leasing agreement) is not transferred over to the lessee within the time limit specified in the leasing agreement and if the time limit has not been specified in the leasing agreement – within a reasonable time limit, the lessee shall have the right, where the failure to timely transfer the thing over is due to circumstances the responsibility for which lies with the lessor, to terminate the leasing agreement and claim damages.

3.

The lessee shall have the right to suspend the payment of rentals until such time as the lessor has dully fulfilled his obligation to transfer the thing over.

Article 6.571. Risk of accidental perish or damage to the thing
1.

The risk of accidental perish or damage to the thing (the object of the leasing agreement) shall pass to the lessee as from the moment when such thing is transferred over to him, unless otherwise provided for by the leasing agreement.

2.

The lessee shall assume all costs in relation to the maintenance and repair of the thing.

3.

Unless otherwise provided for by the leasing agreement, the lessor shall not be liable to the lessee for the defects of the object of the agreement with the exception of cases where the lessee relied on the lessor's experience and knowledge and also where the lessor intervened in the selection of the seller and the object of the agreement.

4.

The lessee must use and maintain the thing with diligence and due care and keep it in the condition in which it was handed over to him subject to fair wear and tear and to any modification agreed by the parties in the agreement.

5.

Where the lessee fails to comply with the duty provided for in paragraph 4, the lessor shall have the right to require the payment of the total price of the agreement or termination of the agreement and redress of damages.

Article 6.572. Effect of the leasing agreement on third parties
1.

The lessor's rights of ownership in the object of the leasing agreement which is not subject to registration shall be valid against third parties only if the leasing agreement has been registered under the procedure provided for by laws.

2.

In the case of the lessee’s bankruptcy, the lessor's rights shall be valid against the lessee's creditors and the administrator only if the leasing agreement has been registered under the procedure provided for by laws.

3.

The leasing agreement whose object is an immovable thing shall mutatis mutandis be subject to the rules provided for in Article 6.478 (2) of this Code.

4.

The lessee shall be liable for any damages incurred by third parties as a result of the use of the object of the leasing agreement.

Article 6.573. Seller’s liability
1.

The seller shall be directly bound towards the lessee with respect to all claims resulting from the purchase-sale agreement of the object of leasing (with respect to the quality and completeness of the property, hand-over period, etc. ). Save to the duty to pay for the acquired property, the lessee shall enjoy all rights and duties of the buyer provided for in this Book to the same extent as if he were party to the purchase-sale agreement. However, the lessee shall not have the right to terminate the purchase-sale agreement without the consent of the lessor.

2.

The lessor and the lessee shall have with respect to the seller creditors' rights and duties of solidary obligation.

3.

Unless otherwise provided for by the leasing agreement, the lessor shall not be liable to the lessee for the failure on the part of the seller to comply with his obligations, with the exception of cases where the lessor was responsible for the selection of the seller. Where the seller is selected by the lessor and the former is in breech of the purchase-sale agreement, the lessee shall have the right to make claims resulting from such agreement at his own discretion to both the seller and the lessor. In such case, the seller and the lessor shall be solidary liable to the lessee.

Article 6.574. Termination of the leasing agreement

Where the lessee is in fundamental breech of the leasing agreement, the lessor must require in writing that the lessee eliminates, within a reasonable time limit, the infringement if this is possible taking into account specific circumstances. Where the lessee’s default continues, the lessor shall have the right to require accelerated payment of rentals or to terminate the leasing agreement. Where the leasing agreement is terminated, the lessor shall have the right to require that the object of the agreement is returned to him and to recover such damages as will place the lessor in the position in which he would have been had the lessee duly performed the agreement.

CHAPTER XXXI

LEASE OF DWELLINGS

SECTION ONE

GENERAL PROVISIONS

Article 6.575. Sphere of application

The provisions of this Chapter shall determine the procedure of formation, performance and termination of contracts of lease of dwellings where the premises concerned belong to:

1) natural persons;

2) state or municipalities;

3) legal persons.

Article 6.576. Concept of a contract of lease of a dwelling

Under a contract of lease of a dwelling, the lessor shall undertake an obligation to provide for payment the lessee with dwellings for temporary possession and use for residence, while the lessee undertakes an obligation to use the premises in accordance with their designation and pay the payment of lease.

Article 6.577. Grounds for contract forming

1. Contracts of lease of dwellings which belong to the state or municipalities shall be formed upon the decision of state or municipal institutions. Enterprises, offices or organisations shall form contracts of lease of dwellings with their employees within the framework of a collective agreement, in the event where such agreement is not concluded, the lease shall be effectuated upon the grounds and within the procedure of an agreement between the administration and the employees.

2. Contracts of lease of dwellings leased by enterprises, offices or organisations and natural persons upon commercial grounds (for profit) shall be concluded upon the agreement between the parties.

Article 6.578. Parties to a contract

1. Parties to a contract of lease of a dwelling shall be the lessor and the lessee.

2. The lessor is the owner of the dwellings or the possessor thereof upon any other legal grounds. A lessee may act in the capacity of a lessor of dwellings if he forms a contract of sub-lease under the procedure established by laws.

3. A lessee is a natural person who concludes a contract of lease of a dwelling in his own name and in his own interests, or those of his family, or the former members of his family. In the event where a minor who does not have parents or cannot live with them remains residing in the dwelling, a contract of lease of the dwellings in his name may be formed by a person authorised by laws.

4. The lessor shall have no right to refuse forming a contract of lease of a dwelling with a person, or to prolong it, or to impose more onerous conditions on the lessee for the sole reason that the person concerned is a pregnant woman or this person has minor children, with the exception of cases where such refusal is justified by the size of the dwelling or by the arrest thereof (Paragraph 2 of Article 6.587 of this Code).

5. Dwellings may be provided for the possession and/or use of legal persons on the grounds of a contract of lease of a dwelling or upon any other contract. Such dwellings may be used by the legal person exclusively for housing natural persons.

Article 6.579. Form of a contract

1. In the event where the lessor is the state, municipality or a legal person, a contract of lease of a dwelling shall be formed in written form. It shall be signed by an authorised official and the lessee.

2. Contracts of lease between natural persons may be formed orally.

3. A fixed-term contract of lease of a dwelling shall be formed in written form irrespective of who is the party thereto.

4. A contract of lease of a dwelling may be invoked against third persons only in the event of it being registered in the Public Register within the procedure established by laws.

Article 6.580. Content of a contract

1. A contract of lease of a dwelling shall include the following data: the address of the leased premises, number of rooms or any other premises, dwelling space, engineering (technical) installations present in the premises, the appurtenances and the conditions for the use of common premises, amount of the lease payment and periods for this payment, procedure for the payment for public utilities.

2. A contract of lease of a dwelling may likewise provide for other conditions.

3. At the time of concluding a contract of lease of a dwelling, the lessor shall be obliged to submit to the lessee a copy of the by-laws of the dwelling-house condominium or any other document establishing the requirements for the care, use and maintenance of common premises and other rules. A copy of this document shall be an inherent part of a contract of lease of a dwelling. Nevertheless, a lessee shall have no right to demand dissolution of the contract of lease of a dwelling solely on the grounds of the lessor’s failure to furnish him with a copy of this document.

5. Null and void shall be the terms of a contract of lease of a dwelling which:

1) establish civil liability of a lessee without the fault thereof;

2) enable the lessor to unilaterally modify the conditions of the lease contract;

3) establish the dependence of the lessee’s rights upon the number of his family members, with the exception of cases where the change of the lessee’s rights is justified by the size of the dwelling;

4) limit the right of the lessee to purchase things or receive services from persons whom the lessee wishes to chose at his own discretion;

5) provide the lessor with the right to demand from the lessee the payment of lease in the form of a lump sum for the whole duration of the lease in the event of the lessee’s delay to make the payment of lease for one period.

6) enable the lessor to perform unilateral assessment of the state of the dwellings and make a conclusion on it being fit for residence;

7) establish civil liability of the lessee in excess of the actual damage inflicted to the lessor.

Article 6.581. Subject matter of the contract

Only a fit for residence dwelling house or its part, a separate apartment or an isolated dwelling consisting of one or several rooms with related nonresidential premises may be a subject matter of a contract of lease of a dwelling. A part of a room or a room which is connected with another room by a common entrance (communicating rooms), likewise nonresidential premises (kitchens, corridors, storage rooms, etc.) may not be a subject matter of a separate contract of lease of a dwelling. In apartments which are leased to several lessees under separate contracts of lease, such nonresidential premises may be leased for common use.

Article 6.582. Duration of the contract

1. A contract of lease of a dwelling may be formed for an indeterminate term or for a fixed term.

2. A written contract of lease shall be deemed to be concluded from the date of its signature by the parties, while an oral contract shall become binding from the day when the parties agree on the conditions of the contract or a permission to take residence in the premises concerned is given.

3. A fixed-term contract, the duration of which is determined by a certain event, shall become indeterminate in the case of non-occurrence of this event. Where the date of the occurrence of the event concerned is put forward to a later time, the fixed term of the contract shall be postponed accordingly.

4. The parties may renew a fixed-term contract of lease of a dwelling by concluding a new contract of lease for a fixed or an indeterminate term.

Article 6.583. Payment of lease

1. The lessee shall be obliged to effectuate payment for the lease of the dwelling.

2. The lessee shall be obliged to effectuate the lease payment for the dwellings every month not later that by the twentieth calendar day of the following month unless other periods are provided for by the agreement of the parties. Payment of lease for the state and municipality dwellings shall be calculated in accordance with the procedure established by the Government.

3. Lease payment for the dwellings of enterprises, offices and organisations leased out to their employees shall be determined in the collective agreement, and in the instances where organisations do not conclude such agreements, it shall be determined by an agreement between the organisation and the employee concerned, though the maximum amount of the lease payment may not exceed the maximum lease payment determined in accordance with the procedure established by the Government.

4. The amount of lease payable for dwellings leased out on commercial grounds by enterprises, offices, organisations and legal persons shall be determined upon the agreement of the parties, though the maximum amount of the lease payment may not exceed the maximum lease payment determined in accordance with the procedure established by the Government.

5. The lessor shall have no right to demand the payment of lease in advance, with the exception of the lease payment for the first month.

6. The contract of lease of a dwelling may provide for a modification of the amount of lease payment upon the agreement of the parties, but not more often than once a year. The clauses of a contract of lease of a dwelling providing the lessor with the right to unilaterally perform modification of the lease payment or to demand such recalculation before the expiry of a twelve-month period from the date when the contract was formed or more often than once a year shall be null and void.

7. In the event of a dispute, the lessee shall have the right to perform the payment of lease into a depository account in accordance with the procedure established in Article 6.56 of this Code.

Article 6.584. Payment for water, energy and public utilities

1. In the event of lease of state or municipality dwellings, payment for cold and hot water, electric energy, gas, heating and public utilities (disposal of garbage, lifts, cleaning of premises of communal use and territory, etc.) shall be effectuated separately from the payment of lease. Payment for cold and hot water, electric energy, gas, heating and public utilities shall be executed in accordance with the procedure established by the Government within the period indicated in Paragraph 2 of Article 6.583 of this Code.

2. Payment for the public utilities and the amounts, periods and procedure of payment thereof in the event of lease of dwellings by legal persons to their employees shall be determined within the framework of the collective agreement, and in the instances where organisations do not conclude such agreements, it shall be determined by an agreement between the administration and the employee concerned.

3. In the event of lease of dwellings by legal and natural persons on commercial grounds, the issues of payment for cold and hot water, electric energy, gas, heating and public utilities shall be determined upon the agreement of the parties.

Article 6.585. Validity of a contract of lease of a dwelling upon the change of the owner of dwellings

In the event of the right of ownership to a dwelling having passed from the lessor to another person, the contract of lease of a dwelling shall remain valid in respect of the new owner, providing the contract of lease of a dwelling was registered in the Public Register within the procedure established by laws

Article 6.586. Grounds for acknowledgement of a contract null and void

1. A contract of lease of a dwelling may be acknowledged null and void upon the grounds of nullity of transactions established in the present Code when, inter alia, the data presented to the lessee in respect of the lessor’s rights to the dwellings are misleading; the contract of lease of a dwelling prejudices valid rights of other persons to that dwelling; the actions of officials related to the formation of the contract of lease of a dwelling were unlawful.

2. A contract of lease of a dwelling may not be acknowledged null and void upon the demand of the lessor if he knew or should have known that the other person at the moment of the contract forming by reason of his state was unable to comprehend the meaning of his actions or to control them, or the contract was concluded with a legally incapable lessee.

3. In the event of a contract of lease of a dwelling being acknowledged null and void, the lessee, together with all other people residing with him, shall be evicted without other dwellings being granted to them, except in cases specified in Paragraph 4 of this Article.

4. In the event of a contract of lease of state or municipality dwellings being acknowledged null and void on the grounds of it having violated valid rights of other persons to that dwelling while the lessee did not know and could not have known thereof, the lessee, together with all other people residing with him, shall be evicted with another dwelling being granted to them. In other instances, the lessee shall be entitled only to compensation of damages incurred by him.

6. A contract of lease of a dwelling may not be acknowledged null and void within a three-year period of prescription. This time-limit shall start its run from the date when the contract is formed.

Article 6.587. Duties of the lessor of a dwelling

1. The lessor shall be obliged to transfer to the lessee the fit for residence vacant dwelling specified in the contract of lease of a dwelling. The premise shall be deemed not fit for residence if it is in such a state that residing therein would pose danger to the health or safety of the lessee or that of his family members, or to the safety and health of the society.

2. The lessor shall have no right to refuse forming or renewing a contract of lease of a dwelling, or to impose more onerous conditions for the sole reason if the lessee or a member of the lessee’s family is pregnant, likewise if the lessee or a member of the lessee’s family has children, with the exception of cases where the lessor is not able to lease the dwelling due to its arrest or because of the size thereof (Paragraph 4 of Article 6.578 of this Code).

3. Clauses of a contract of lease of a dwelling which exclude or limit the civil liability of the lessor in respect of the lessee, or which establish liability of the lessee without his fault, shall be null and void.

4. Clauses of the contract of lease of a dwelling which enable the lessor to unilaterally modify the conditions of the lease contract because of an increase in the number of the lessee’s family members, or limiting the right of the lessee to purchase things or receive services from persons chosen by the lessee shall be null and void.

5. Clauses of the contract of lease of a dwelling which establish in respect of the lessee penalty in excess of real damages incurred by the lessor, or which provide the lessor with the right to demand from the lessee the payment of lease in the form of a lump sum for the whole duration of the lease in the event of the lessee’s failure to make the payment on time shall be null and void.

6. The lessor shall be obliged to ensure proper use of the dwelling house in which the leased dwelling is situated, to grant or to ensure that the necessary utilities specified in the lease contract are granted to the lessee for payment, guarantee the repair of the common property of an apartment house and of the devices for rendering utility services situated in the dwelling house.

Article 6.588. Members of the lessee’s family

1. Members of the lessee’s family are the spouse (cohabitant), their minor children, parents of the lessee and those of the spouse residing together with the lessee.

2. Children of full age, their spouses (cohabitants) and grandchildren of the lessee shall be attributed to his family members in the event of their maintaining common household with the lessee.

3. Guardians and those under guardianship, having taken residence in the dwellings of their guardian or person under guardianship shall not acquire the rights of a member of the family of the guardian or person under guardianship. In the event where they continue to reside together and maintain common household after the termination of guardianship, they may be acknowledged family members under judicial proceedings upon the claim of any of them.

4. Close relatives, other dependants who have resided with the lessee, his family members or with any one of them at least for a period of one year and have maintained common household, may be acknowledged family members of the lessee under judicial proceedings.

5. By taking residence in the leased dwelling, parents, children of full age and their spouses (cohabitants) shall acquire the rights of family members if they maintain common household with the lessee and upon consent of the lessee and his family members.

6. The lessee and his family members of full age shall be liable towards the lessor for the actions of the lessee’s family members who violate the contract of lease of a dwelling.

7. The number of persons residing in a dwelling shall be limited by the necessity to ensure normal sanitary conditions and availability of normal conveniences for each of them.

Article 6.589. Rights and duties of the lessee’s family members

1. The family members of the lessee of a dwelling shall have the same rights and duties arising from the contract of lease of a dwelling as the lessee himself.

2. Upon having ceased to be members of the lessee’s family while continuing to reside in the leased dwelling, natural persons shall have the same rights and duties as the lessee and his family members.

Article 6.590. Right of family members to take occupancy of the leased dwelling

1. In accordance with the contract of lease of a dwelling, the right to take occupancy of the dwelling shall be enjoyed by those family member of the lessee as well as former family members who are indicated in the contract. In the event of those persons failing to take occupancy of the dwelling within six months from the date of contract forming, they shall forfeit the right to take this occupancy. In respect of persons who are temporarily away, this term shall start its run upon the expiry of the time-limit established in Article 6.591 of this Code, in the event of an earlier return of these person, it shall start from the date of their return.

2. The lessee of a state or a municipality dwelling or the members of his family of full age shall have the right upon the consent of other family members of full age to house in the dwelling the spouse (cohabitant), children, his own parents and those of his spouse. Minor children shall not need such consent for taking occupancy together with their parents. The lessee of dwellings of enterprises, offices, organisations and natural persons leased out on commercial grounds shall be able to house the persons specified in the present Paragraph exclusively with the permission of the lessor. Such permission shall not be necessary in respect of the spouse (cohabitant) of the lessee or his family member and their minor children. The contract of lease of a dwelling may establish other clauses regulating the taking of occupancy by family members.

3. Having taken residence, a family member shall acquire equal rights and duties with other members of the lessee or former members thereof to the dwelling unless otherwise agreed at the moment of taking occupancy.

Article 6.591. Preservation of the right to use state or municipality dwelling upon temporary departure

1. Upon temporary departure of the lessee, his family member or a former family member, the right to the state or municipality dwelling shall be retained for six months on condition that the lease payment and public utility services will be paid.

2. Upon temporary departure of the lessee, his family member or a former family member, the right to the state or municipality dwelling shall be retained for the whole duration of the absence thereof in the following cases:

1) upon departure to receive medical treatment: for the whole duration of the treatment;

2) upon departure to study: for the whole duration of the study;

3) upon departure to an extended business trip abroad: for the whole duration of the business trip;

4) upon departure to take over duties of a guardian or curator: for the whole duration of this responsibility;

5) in respect of children enrolled to an educational institution, or entrusted to relatives, a guardian or curator: for the whole period while the children stay in the institution or with the persons concerned;

6) in respect of conscripts or persons serving in an international military unit: for the duration of the service established by laws;

7) in respect of detained persons: for the whole duration of investigation and court proceedings;

3. Upon the expiry of the circumstances indicated in Paragraph 2 of this Article, the temporarily absent lessee, his family member or a former family member shall retain the right to the leased dwelling for six months longer.

4. Upon the expiry of the period indicated in Paragraph 3 of this Article, the temporarily absent lessee, his family member or a former family member shall forfeit the right to the leased dwelling.

5. In the event where the having temporarily been absent member, who returns after the fixed term, is accepted by the remaining lessee, members of the family or former members of the family to take occupancy of the leased dwelling, the forfeited right to the leased dwelling shall be restored.

6. Upon the action of the temporarily absent person, the court may acknowledge his right to the leased dwelling if it is proved that he delayed the term-limit determined in this Article due to important reasons.

7. The right of a temporarily absent person to a leased dwelling shall terminate before the fixed term in the event of a dissolution of the contract of lease of a dwelling unless it is otherwise provided for in the contract.

Article 6.592. Use of a state or municipality dwelling upon a temporary departure of the lessee, a member of his family or former member of his family

Upon a temporary departure of the lessee of a state or municipality dwelling, a member of his family or former member of his family, the remaining members of the family or former members of the family shall have the right to maintain occupancy of the dwelling. In the event where there are no remaining lessee, members of his family or former members of the family, the departing lessee shall be able to sublease the dwelling or temporary residents may take occupancy of the dwelling. Upon the return of the person who was temporarily absent, the sub-lessee or the temporary resident must immediately vacate the dwelling, and the persons who fail to vacate the dwelling concerned shall be evicted without prior notice and without another dwelling being provided.

Article 6.593. Reservation of a state or a municipality dwelling

In the event of the lessee, a member of his family or all members of his family departing to another location or abroad for a period exceeding six months, the state or municipality dwelling leased by him may be reserved. A dwelling shall be reserved on condition that the payment of lease and for public utility services will be effectuated. A decision in respect of reservation shall be taken by a relevant state or municipality institution. A refusal to execute reservation may be disputed under judicial proceedings. The reservation of a dwelling shall be implemented in the form of a written contract between the relevant state or municipality institution and the departing persons, providing that the remaining family members give their consent thereto. The consent of the remaining persons shall be expressed in the form of their signature in the reservation contract. A refusal to render consent may be disputed under judicial proceedings.

Article 6.594. Use of a reserved state or a municipality dwelling

1. In the instances where not all members of the family depart, the reserved state or a municipality dwelling shall be used by the remaining persons. In the event of departure of the lessee and all of his family members, the lessee shall have the right to permit the dwelling to be used by other persons under a contract of sub-lease or allow temporary dwellers to take occupancy thereof. It may be stipulated in the contract of reservation that the state or municipality shall lease the dwelling under a fixed-term contract of lease.

2. Upon the return of the lessee or any member of his family, the persons maintaining occupancy in the dwelling concerned shall be obliged upon the demand of the former to immediate vacate the dwelling, irrespective of the termination of the reservation period.

3. Persons who fail to vacate the reserved dwelling shall be evicted without any previous notification and without other dwelling being granted to them.

Article 6.595. Sublease of a dwelling

1. The lessee of a dwelling upon written consent of all the family members residing together with him as well as that of the lessor shall have the right to sublease the dwelling. The contract for the sublease of a dwelling may be formed both in written and oral form, and for fixed or indeterminate term, though the duration of the contract of sublease may not be longer than the duration of the contract of lease.

2. The payment for the sublease of a dwelling shall be determined upon the agreement of the parties.

3. Upon the termination of the period of sublease, the sublessee shall have no priority for a renewal of the contract and shall have upon the demand of the lessee to vacate the premises held under the contract of lease. In the event where a contract of sublease is formed without a term being fixed, the lessee shall be obliged to notify the sublessee three months in advance about the dissolution of the contract of sublease. In the event of the refusal of the sublessee to vacate the dwelling, he shall be evicted under judicial proceedings without another dwelling being granted to him.

4. Upon concluding a contract of sublease, the lessee shall continue to be liable towards the lessor under the contract of lease.

Article 6.596. Temporary dwellers

1. Having agreed among themselves and having accordingly informed the lessor beforehand, the lessee and his family members may allow temporary gratuitous occupancy in the dwelling in their use to other persons (temporary dwellers) without forming a contract of sublease. Upon the demand of the lessee or his family members, temporary dwellers shall have to vacate the dwelling immediately. In the event of their refusal to vacate the dwelling, the lessee and his family members shall have the right to apply to the court for the eviction of the temporary dwellers, without another dwelling being granted to them.

2. The lessee shall be liable towards the lessor for the actions of temporary dwellers.

3. The lessor shall have the right to deny permission for the occupancy of temporary dwellers in the instances where their occupancy would violate sanitary requirements and pose threat to the health and safety of others or would infringe the lawful interests of the lessor.

Article 6.597. Eviction of sublessees and temporary dwellers upon dissolution of the contract of lease of a dwelling

1. Upon termination of a contract of lease of a dwelling, a contract of sublease shall also terminate at the same time. The sublessee, as well as the temporary dwellers who refuse to vacate the dwelling shall be evicted under judicial proceedings without another dwelling being provided.

2. Rules providing for the priority of the lessee to renew a contract of lease of dwelling shall not apply in respect of a contract of sublease.

Article 6.598. Modification of contract

1. A contract of lease of a state or municipality dwelling may be modified in the cases specified in Articles from 6.599 to 6.603 of this Code. In the instances where the lessee, his family members or former family members refuse to modify the contract of lease on the grounds established in the collective agreement or the agreement between the administration and the employees, the dispute between the parties to the contract of lease of a dwelling shall be resolved within judicial proceedings.

2. Any modification of a contract of lease of dwellings of enterprises, offices, organisations and legal persons leased out on commercial grounds may be effectuated exclusively upon agreement between the lessee and the lessor.

3. Upon modification of a written contract of lease of a dwelling, a new written contract shall be formed with the modifications of the previous contract indicated therein.

4. The lessor shall notify the lessee in writing of the intended modifications of the clauses of the contract of lease of a dwelling in accordance with the time-limits and the procedure established in Paragraph 4 of Article 6.607 of this Article.

Article 6.599. Modification of a contract upon dividing the apartment

1. An adult member of the family of the lessee and a former member of the family shall have the right to conclude a separate contract of lease of dwelling (to divide the apartment) if the lessor, the lessee and other family members of full age do not object. Such family member, taking in regard the part of the dwelling area attributable to him may lease a separate isolated dwelling premise. In such event, separate contracts of lease of dwellings shall be concluded with every lessee. The lessee, his family members of full age or former family members may determine the order and conditions for the use of the leased dwelling without modifying the contract of lease.

2. Any disputes arising from the division of an apartment or determination of the order and conditions for the use of the leased dwelling shall be resolved under judicial proceedings.

Article 6.600. Modification of a contract where one dwelling is exchanged for several ones

1. In the event where such possibilities exist, the state or municipality may exchange, with the consent of the lessee, his family members or former family members, the dwelling leased by them for several other dwellings. In this event, every member of the family is entitled to an area not exceeding ten square meters of the contractual dwelling space, while the dwelling occupied before shall remain within the hold of the municipality. Upon the request of the lessee, his family members of full age or former family members, one contract of lease of municipality dwelling may be exchanged for several ones. Any disputes arising from the modification of a contract where one dwelling is exchanged for several shall be resolved under judicial proceedings.

2. The lessees and their family members who were not entitled to state support before the modification of the contract, may acquire this right after the lapse of five years after the modification of the contract.

Article 6.601. Modification of a contract upon the uniting of the lessees into one family

1. When several natural persons (lessees) maintaining occupancy of one leased dwelling under separate contracts of lease unite to make one family, they shall have the right to conclude one contract of lease of the leased dwellings (to join the flats) upon the consent of their family members and the lessor. The contract shall be formed with the lessee proposed by the members of the united family.

2. Refusal of a lessee to conclude one contract of lease may be challenged within judicial proceedings.

Article 6.602. Change of a contract upon acknowledgement another family member as the lessee

1. Upon the agreement between the lessee and his family members, the original lessee may be changed by another person.

2. Upon the agreement between the family members of the lessee, the contract of lease of a dwelling may be changed in the event of the lessee’s death where his family members continue to occupy the leased dwelling, and inform the lessor accordingly within two months after the lessee’s death.

3. Disputes related with the acknowledgement of a family member as the lessee shall be resolved under judicial proceedings.

Article 6.603. Change of a contract after the transfer of a vacated dwelling

1. In the event where in a dwelling leased by the state or municipality to several lessees under separate contracts of lease an adjacent room which is not isolated from the dwelling of one of the lessees is vacated, under the request of that lessee this room may be transferred to his use.

2. In the instances where an isolated room is vacated, it shall be transferred to the use of that lessee who has the least common useful space per one family member, or to another lessee in the event of a refusal by the former. In the instances of refusal by all lessees, the vacated dwelling shall be leased to other lessees.

3. Upon the vacated room being transferred to another lessee, the contract of lease of the dwelling shall be changed.

Article 6.604. Change of a contract of lease of dwelling after termination of labour relationship by the lessee

1. In the instances where a lessee terminates the labour relationship with the legal person whose dwelling he is leasing, this shall not constitute grounds for the dissolution of the contract of lease of the dwelling. In this event, the contract of lease of a dwelling may be changed by the legal person on the grounds and in accordance with the procedure determined in the collective agreement, and in the organisations where such agreement is not concluded, pursuant to the agreement between the administration and the employees. Any disputes between the legal person and the employee, his family members or former family members related with such change of the contract shall be resolved under judicial proceedings.

2. Upon termination of the labour relationship between the lessee with the lessor, the payment for the lease of the dwelling shall be determined in accordance with the procedure established in Paragraph 4 Article 6.583 of this Code.

Article 6.605. Right of a lessee to modify and change the plan of the dwelling

1. The lessee of a dwelling of state, municipalities and legal persons and his family members may modify and change the plan of the dwelling and non-residential premises only upon written permission of the lessor and the consent of the family members of full age residing together, likewise upon that of any other interested persons whose rights and lawful interests may be violated in the course of executing modification and change of plan of the dwelling and non-residential premises. In the event of disagreement between the lessee, his family members and other interested persons, the dispute may be resolved within judicial proceedings.

2. The preceding Paragraph shall not apply in the instances of current repair of the dwelling which must be performed by the lessee unless otherwise provided for by the contract.

Article 6.606. Relocation of the lessee for the duration of capital repair and reconstruction of the dwelling

1. Upon the necessity to perform capital repair and reconstruction of the premises leased by the state, municipalities, enterprises, offices and organisations to their employees, the repair of which cannot be effectuated without vacating the premises, and in the event where the dwelling is retained after the repair, the lessor shall offer to the lessee together with his family members to temporarily take residence in another dwelling for the duration of the repair. The dwelling offered must conform to sanitary and technical requirements. In the event of the lessee’s refusal to move to the dwelling offered, the lessor may demand his relocation under judicial proceedings.

2. In the instances where the dwelling leased might be rendered smaller or larger in area as a consequence of the capital repair or reconstruction, the lessee shall have the right of choice whether to lease that dwelling. In the event where the lessee agrees to lease the increased or reduced dwelling after the repair or reconstruction, he shall move or be relocated to another dwelling for the duration of the repair or reconstruction in accordance with the procedure established in Paragraph 1 of this Article.

3. The contract of lease of a dwelling shall not be interrupted for the duration of the capital repair or reconstruction, thought the lessee shall have the right to pay the lease payment for the temporary dwelling.

4. The lessee shall have the right to move back into the dwelling after the completion of the capital repair or reconstruction. In the event where the lessee refuses to lease the increased or reduced dwelling, likewise where the dwelling is not retained in the result of capital repair or reconstruction, the lessee shall be provided with another properly equipped dwelling. In the cases where the lessee refuses to move into the another adequately equipped dwelling provided, the lessor shall have the right to relocate him under judicial proceedings.

5. Issues related with vacating for the duration of capital repair or reconstruction dwellings leased by enterprises, offices, organisations and legal persons on commercial grounds as well as other related issues shall be resolved by the agreement between the lessor and the lessee. In all cases, the lessor shall be obliged to inform the lessee about the intended repair work due to which the lessee must be temporarily relocated not later that fourteen days in advance before the start of the work. In the event where the lessor lacks the possibility to temporarily relocate the lessee for the duration of the repair, he shall be obliged before the date of the relocation to pay compensation to the lessee adequate to cover the costs of temporary relocation thereof. Upon the agreement between the parties, the costs of the relocation of the lessee for the duration of the repair may be included into the future lease payment.

Article 6.607. Priority right of the lessee in renewing the contract of lease

1. Upon expiration of the term of the contract of lease, the lessee shall have priority right to conclude a contract of lease of the dwelling for a new term providing that he duly performed the conditions of the contract. The contract shall be renewed for the same term, and where the previous term of the contract exceeded twelve months, the contract shall be renewed for a term of twelve months unless the parties agree otherwise.

2. The lessor shall be obliged not later than three months in advancer before the termination of the contract of lease to inform the lessee in writing about his proposal to conclude a new contract of lease on the same or different conditions or about his refusal to renew the contract where he does not intend to lease out the premises concerned at least for a period of one year. In the event of failure by the lessor to perform this duty, and if the lessee does not refuse to renew the contract, the contract of lease shall be deemed to be renewed for the same period and under the same conditions.

3. In the instances where the lessor, after having refused to renew a contract of lease, leases the same dwelling within a period not exceeding one year to another person under the same conditions, the lessee shall have the right to demand acknowledgement of such contract null and void and claim compensation of damages caused by the refusal to renew the contract. This provision shall not apply in the event where the lessee refused to renew the contract under the conditions proposed by the lessor and did not apply to the court for the approval of the conditions of the contract.

4. Upon renewing the contract, the lessor shall have the right to modify the conditions of the contract of lease, likewise the period of the contract of lease and the amount of the lease payment if he informed the lessee about the intended modification of the conditions in writing not later than three months and not earlier than six months before the expiry of the period of the contract of lease. In the cases where the duration of lease is shorter than twelve months, such notification shall have to be submitted to the lessee not later than one month before the expiry of the time-limit of the contract of lease. The clauses of the new contract of lease must be clearly indicated in such notification.

5. In the event where the lessee disagrees with the modifications of the clauses of the contract of lease proposed by the lessor, he shall be obliged within one month from the date of receiving the notification to inform the lessor in writing about such disagreement or about a dissolution of the contract of lease. In the event of the lessee failing to comply with this requirement, he shall be deemed to have agreed with the new clauses for the renewal of the contract of lease.

6. In the event where the lessee objects to the modifications of clauses of the contract of lease proposed by the lessor and informs the latter accordingly within the time-limits and in accordance with the procedure established in Paragraph 5 of this Article, the lessor, wishing to renew the contract of lease under new conditions, shall have the right within one month from the date when he received the notification from the lessee to apply to the court for the determination of the conditions of the contract of lease under judicial proceedings. In case of the lessor failing to do that, the contract shall be deemed to have been renewed under the previous conditions.

Article 6.608. Exchange of dwellings

1. A lessee of the dwelling of the state or municipalities, having received written consent of all his family members of full age residing together with him, including those temporarily absent, and with the consent of the lessor, may exchange the dwelling with another lessee of a dwelling of the state or municipalities.

2. Objections of the state or municipalities to such exchange of dwellings may be challenged under judicial proceedings.

3. The exchange of dwellings shall be formalised by new contracts of lease. The contract of exchange shall become binding from the last day of the conclusion of a new contract of lease of a dwelling, and where the dispute is decided by the court, from the day when the court judgement becomes res judicata.

4. In the event where the family members fail to agree upon the exchange, while the change of dwellings might offer a possibility of resolving the conflict developed in the family, any of the family members shall have the right to demand within judicial proceedings compulsory exchange of the leased dwelling by another dwelling or dwellings in different apartment houses (apartments).

SECTION TWO

TERMINATION OF A CONTRACT OF LEASE OF A DWELLING

Article 6.609. Right of a lessee to dissolve the contract

1. The lessee of a dwelling shall have the right to dissolve the contract of lease by warning the lessor in writing a month in advance. In the event of failure by the lessee to comply with this requirement, the lessor shall have the right to compensation of damages caused.

2. The lessee shall be able to revoke his warning before the expiration of its time-limit if the lessor has not concluded a contract of lease of that dwelling with another lessee.

3. In the event where the lessee, his family members and former family members depart to take residence elsewhere, the contract of lease of a dwelling shall be deemed to be dissolved from the date of their departure.

4. Upon receiving the lessee’s warning in respect of the dissolution of the contract, the lessor shall have the right to inspect the condition of the dwelling premises upon having informed the lessee beforehand about the date and time of such inspection. In this event, the lessor shall also have the right to show the premise to a prospective lessee upon having informed the lessee beforehand about the date and time of such visit. Except in urgent cases, the lessor shall have no right to inspect the dwelling premise or show it to a prospective lessee in the hours between 9 o’clock p.m. and 9 o’clock a.m.

Article 6.610. Procedure of dissolving a contract and evicting persons

A contract of lease of dwelling may be acknowledged null and void, it may be dissolved, likewise the eviction of natural persons from the dwelling premises may be executed exclusively upon judicial proceedings, except in the cases of eviction executed with the sanction of the public prosecutor provided for in this Code.

Article 6.611. Dissolution of a contract upon the violation of conditions of the contract of lease by the lessee

In the instances where the lessee regularly (at least for three months unless a more extended period is provided for in the contract) fails to pay the lease payment or the payment for public utility services, if the lessee, his family members or other persons residing together with him destroy or damage the dwelling or use it for other than its designation, the contract of lease may be dissolved and the persons concerned evicted from the dwelling without other dwelling being provided. In the event where the lessee, his family members or other persons residing together with him create by their improper behaviour such conditions which render it impossible for other persons who reside together or in the neighbourhood to lead normal life, they may be evicted upon the request of the lessor or the latter persons without other dwelling being provided.

Article 6.612. Eviction from wilfully occupied premises

In the instances where persons wilfully occupy a dwelling, i.e. move in without concluding a contract of lease, they shall be evicted within judicial proceedings without another dwelling being provided.

Article 6.613. Effects of termination of a fixed-term contract of lease of a dwelling

Upon the expiration of the time-limit of a contract of lease of a dwelling, the lessee, his family members or former family members must vacate the dwelling upon the demand of the lessor, while those who fail to comply shall be evicted without another dwelling being provided.

Article 6.614. Dissolution of contract of lease of dwelling of indeterminate term

1. A contract of lease of a dwelling of indeterminate term in respect of premises leased by legal and natural persons on commercial grounds may be dissolved upon the demand of the lessor with a written warning issued to the lessee six months in advance.

2. Upon the expiration of the time-limit indicated in the preceding Paragraph, the lessee, his family members or former family members must vacate the dwelling, while those who fail to comply shall be evicted without another dwelling being provided.

Article 6.615. Eviction from dilapidated apartment houses, flats

In the instances of dwelling premises of the state, municipalities or legal persons being brought into a condition of dilapidation or rendered unfit for habitation due to natural disasters, fire or technical wear and tear, natural persons shall be evicted with the sanction of the public prosecutor with another adequately equipped dwelling fit for habitation being provided. This dwelling shall be provided by the owner of the building where the dilapidated or unfit for habitation dwelling is located. In such instances, the former contract of lease shall be deemed to have terminated.

Article 6.616. Dissolution of a contract and eviction of persons with another fit for habitation dwelling being provided

1. Natural persons may be evicted from dwelling premises of the state, municipalities and legal persons leased to their employees with another fit for habitation dwelling being provided in the following instances:

1) the apartment house where the dwelling is location is subject to demolition;

2) the dwelling was not retained after capital repair, reconstruction or change of planning of the premises;

3) the dwelling premises are transformed for other designation.

2. Another dwelling fit for habitation shall be granted by the lessor or other legal person in whose interests the apartment house is being demolished or reconstructed and the dwelling premises are modified for another designation.

Article 6.617. Provision of another dwelling fit for habitation to evicted persons

1. The other granted fit for habitation dwelling must be located in the same residential district and be properly equipped in accordance with the conditions of that district, it must also conform to the sanitary and technical requirements.

2. The other granted fit for habitation dwelling may not be of smaller area or have fewer rooms than the previously occupied dwelling. Where in the previously occupied dwelling the useful living space per one member of the family was smaller than established by laws, upon eviction the useful living space provided may not be smaller than established. The granted dwelling must be of such size as to avoid the necessity of sharing a room by two persons over nine years of age of different gender, except spouses, and must conform to the condition of health of those to be evicted as well as to other circumstances.

3. Upon the request of the lessee, he may be also provided with a smaller dwelling.

4. The court judgement upon the dissolution of the contract of lease of dwelling and eviction of the lessee must indicate the total space and the number of rooms in the dwelling to be granted to the evicted person.

SECTION THREE

OFFICE DWELLING PREMISES

Article 6.618. Legal status of office dwelling premises

1. Office dwelling premises shall be granted by the employer for the purpose of housing workers (employees), taking in regard the character of their work (public service) or conditions established by laws, for the period until the change in the character of their work (public service), termination of the labour relationship with the employer, or disappearance of the conditions established by law.

2. Dwelling premises shall be attributed to the category of office dwelling premises (removed therefrom) as well as the lists of the categories of employees eligible for office dwelling premises shall be determined by a decision of a state authority institution, municipality council or management body of the legal person concerned.

3. State authority institutions, municipality councils or management bodies of a legal person shall attribute to the category of office dwelling premises only vacated premises belonging to them under the right of ownership (trust).

Article 6.619. Procedure of granting and using office dwelling premises

1. The decision concerning the granting of an office dwelling premise shall be taken by a person authorised by state authority institution, executive institution of the municipality or managing body of the legal person. On the basis of this decision, a contract of lease of office dwelling premises shall be concluded. The conclusion of such a contract shall be effectuated in accordance with the procedure established by this Code in respect of contracts of lease of dwelling unless otherwise provided for by laws.

2. The procedure of use and accountancy of office dwelling premises shall be established by the Government or its authorised institution.

3. Office dwelling premises shall be used in accordance with the rules of contract of lease of dwelling established in Articles from 6.581 to 6.587, Paragraph 1 of Article 6.590, Articles 6.605 and 6.606 of this Code.

Article 6.620. Eviction from office dwelling premises

Upon the termination of labour (public service) agreement, the employee who was maintaining occupancy of an office dwelling premise granted under established procedure shall be obliged together with the family members residing with him to vacate the office dwelling premise. Failing that, natural persons shall be evicted without other dwelling premises being granted to them, except in cases stipulated in Article 6.616 of this Code.

Article 6.621. Eviction from office dwelling premises by granting another dwelling

In the cases stipulated in Article 6.616 of this Code, natural persons evicted from office dwelling premise shall be granted another dwelling premise, likewise in the events when the evicted persons are:

1) employees (public servants) discharged from work (service) in the event of their having become group I or group II invalids due to the reasons related with their work (public service);

2) members of the family of an employee (public servant) who was a lessee of an office dwelling and is dead or missing due to the reasons related with the work (public service).

Article 6.622. Granting of another dwelling to evicted natural persons

Another dwelling granted to evicted natural persons must be in the same residential district and conform to the sanitary and technical requirements.

SECTION FOUR

LEASE OF DWELLING IN HOSTELS

Article 6.623. Hostels

1. Workers, employees, students and high school pupils may take occupancy of a hostel dwelling during their time of work or study. Hostels are dwelling houses build and equipped especially for these purposes. The procedure or granting a hostel dwelling and the use thereof shall be determined within collective agreements of legal persons. In those organisations where such agreement is not concluded, this procedure shall be established upon the agreement between the administration and the employees, and in the institutions off science and learning, upon the decision of the managing bodies thereof.

2. Upon the expiration of the labour agreement or the period of study, the employees shall be evicted from the hostel, except in cases provided for by Article 6.621 of this Code. The persons who study shall be evicted at the end of the academic year. Hostel dwellers may be evicted without other dwelling being granted in the instances where they create by their improper behaviour such conditions which render it impossible for others to maintain occupancy together or in the neighbourhood, likewise in the instances where they continuously damage the dwelling or use it not according to its designation.

3. Eviction shall be effectuated in accordance with the judicial proceedings.

Article 6.624. Prohibition to sublease hostel premises

Lessees who maintain occupancy in hostels shall have no right to sublease their dwelling or to provide occupancy for temporary dwellers.

Article 6.625. Temporary relocation

In the event of necessity (due to repair, emergency, etc.), the lessor shall have the right to relocate the lessee without the latter’s consent from one dwelling in the hostel to another dwelling either in the same or another building within the same neighbourhood.

SECTION FIVE

HOTELS, HOMELESS SHELTERS AND RESIDENCY IN PREMISES OF HEALTH AND SOCIAL CARE ESTABLISHMENTS

Article 6.626. Hotels

1. Legal and natural persons shall have the right to possess hotels – dwellings especially equipped for temporary residence of visitors.

2. Hotels shall be established and operated on commercial grounds.

3. Natural persons who maintain occupancy for a longer period than agreed or without paying for the hotel, or violate the requirements for the use of the hotel, shall be evicted with the sanction of the public prosecutor under the motion of the administration without other dwelling being granted.

4. This Article shall also apply for short-term (not exceeding two months) contracts of lease of dwellings concluded for the time of holiday and for recreational purposes.

Article 6.627. Homeless shelters

The rules in respect of the operation and use of homeless shelters established on charity or any other grounds and granting the possibility to gratuitously spend the night for persons in need shall be determined and registered with the municipality by their founders. Any disputes related with the use of such homeless shelters and eviction therefrom shall be decided pursuant to those rules.

Article 6.628. Occupancy in the premises of health and social guardianship (curatorship) establishments

Persons who for the purposes of medical treatment or care maintain temporary or permanent occupancy in the premises of health and social guardianship (curatorship) establishments shall not be deemed to be lessees. The relationships between such persons and the health and social guardianship (curatorship) establishments shall be determined by relevant service contracts and laws.

CHAPTER XXXII

UNCOMPENSATED USE OF A THING (LOAN FOR USE)

Article 6.629. Concept of contract of loan for use

1. Under a contract of uncompensated use of a thing (loan for use), one party (lender) shall transfer a durable thing for temporary uncompensated possession and use to another party (loan recipient) while the loan recipient takes an obligation to return this thing in the same state in which he was received taking into account normal wear and tear, or in a state stipulated in the contract.

2. Provisions of Paragraphs 2 and 3 of Article 6.477, Articles 6.478, 6.479, 6.481, Paragraphs 1 and 2 of Article 6.489, and Article 6.501 shall apply correspondingly to a contract of loan for use.

Article 6.630. Limitations on forming a contract of loan for use

Profit-seeking legal persons shall have no right to transfer a thing under a contract of loan for use to persons who are founders, participants or members of the bodies of those legal persons.

Article 6.631. Legal effects of promise to transfer a thing for uncompensated use

Failure to honour a promise to transfer a thing for uncompensated use without adequate grounds shall vest the loan recipient with the right to claim compensation of expenses incurred in relation with the acceptance of the transferable thing for uncompensated use.

Article 6.632. Lender

The right to transfer a thing for uncompensated use shall be enjoyed only by the person who is the owner of the thing, or by other persons authorised by the owner or by laws.

Article 6.633. Transference of a thing for use

1. The lender shall be obliged to transfer a thing to the loan recipient in a state corresponding to the conditions of the contract of loan for use and the designation thereof.

2. A thing shall be transferred to the loan recipient with all of the auxiliaries and documents relating thereto (instruction manuals for use, technical passport, etc.) unless otherwise provided for by the contract.

3. In the event where such auxiliaries and documents were not transferred, and without them the thing cannot be used for its designation, or its use without the auxiliaries and documents loses value for the loan recipient, the latter shall have the right to require such auxiliaries and documents to be granted to him by the lender, or to dissolve the contract and demand from the lender compensation for the damages suffered.

Article 6.634. Liability of the lender for defects of the thing

1. The lender shall be liable for defects of the thing granted for uncompensated use which he intentionally or through gross negligence did not stipulate when concluding the contract for use, as well as for the damage caused to the loan recipient by these defects.

2. In the event of discovery of such not stipulated defects, the loan recipient shall have the right at his choice to require of the lender uncompensated elimination of the defects or compensation of the costs of their elimination, or dissolution of the contract and compensation of the direct damages incurred.

3. The lender, notified about the demands of the loan recipient, or of his intention to eliminate the defects of the thing at the expense of the lender, shall have the right to immediately replace the defective thing with another analogous thing of proper quality.

4 The lender shall not be liable for the defects which were stipulated by him in concluding the contract, likewise for the defects that were known to the loan recipient beforehand or should have been discovered by the loan recipient during the transfer of the thing, or its inspection, or testing when concluding the contract.

Article 6.635. Rights of third persons to the thing transferred under the contract of loan for use

1. The transfer of a thing for uncompensated use shall not constitute grounds for the change or termination of the rights of third persons in that thing, providing those rights have been registered in the Public Register within the procedure established by laws, except in cases where those rights are not subject to registration pursuant to laws.

2. When concluding a contract of loan for use, the lender shall be obliged to warn the loan recipient about the rights of third persons in the thing transferred. The failure to perform this duty shall give the loan recipient the right to demand dissolution of the contract and compensation for the direct damages incurred.

Article 6.636. Duty of the loan recipient with regard to maintenance and preserve the thing

The loan recipient shall be obliged to maintain and preserve the thing transferred to him under the contract, likewise to perform current and capital repair, and to bear all expenses for the maintenance thereof unless otherwise provided for by the contract.

Article 6.637. Duty of the loan recipient to use the thing in accordance with its designation

1. The loan recipient shall be obliged to use the thing transferred to him exceptionally in accordance with its designation specified in the contract.

2. Without prior written consent of the lender, the loan recipient shall have no right to let third persons use the thing transferred to him.

Article 6.638. Risk of accidental perishing or damaging of the thing

1. The loan recipient shall bear the risk of accidental perishing or damaging of the thing if the thing perished or was damaged while being used for other purposes than those indicated in the contract, or transferred to a third person without prior written consent of the lender. The loan recipient shall also bear the risk of accidental perishing or damaging of the thing if he continued using the thing after the expiry of the time-limit of the contract of loan for use, or taking into account the actual circumstances, he could have saved the thing by using his own property, but failed to do that.

2. If the loan recipient with the purpose of saving the thing transferred to him destroys his own thing, or permits it to be destroyed, he shall have the right to claim from the lender compensation for the necessary and immediate expenses incurred in the attempt to save the transferred thing.

3. The loan recipient shall not be liable for accidental perishing or damaging of the thing if it occurred in the course of its normal use in accordance with its designation indicated in the contract.

Article 6.639. Liability for damage caused to third persons

The loan recipient shall be liable for damage caused to third persons as a consequence of the use of the thing transferred under the contract of the loan for use unless he proves that the damage was caused as a consequence of intent or gross negligence of the lender or a person to whom the thing was transferred with the consent of the lender.

Article 6.640. Prohibition to use the right of retention

The loan recipient shall have no right of retention in respect of a thing transferred to him, except in cases where the obligation of the lender entails compensation of necessary and immediate expenses related with the preservation of the thing.

Article 6.641. Dissolution of a contract of loan for use before time

1. The lender shall have the right to demand dissolution of the contract before time in the instances where the loan recipient:

1) uses the thing not in accordance with its designation;

2) does not fulfil the duty to maintain and preserve the thing;

3) essentially worsens the state of the thing;

4) transfers the thing to third persons without the consent of the lender.

2. The lender shall also have the right to demand dissolution of the contract of loan for use before time in the instances where due to unpredicted and extraordinary circumstances the thing is urgently and inevitably needed by the lender himself.

3. The loan recipient shall have the right to demand dissolution of the contract before time:

1) in the event where defects of the thing are discovered, which make the normal use of the thing impossible or obstructed and about the existence of which he did not know or could not have known at the time of concluding the contract;

2) if the thing by virtue of circumstances for which the loan recipient is not liable becomes not fit for use in accordance with its designation;

3) if at the time of concluding the contract the lender failed to warn him about the rights of third persons in that thing;

4) in the event of the failure of the lender to transfer the auxiliaries or documents related to the thing.

Article 6.642. Right to revoke a contract of loan for use

1. Each of the parties to a contract of the loan for use shall have the right at any time to revoke an indeterminate contract of the loan for use having notified the other party thereof three months beforehand unless other time-limit has been provided for by the contract.

2. Unless otherwise provided for by the contract, the loan recipient shall likewise have the right at any time to revoke a fixed-term contract of the loan for use having notified the other party about the intended revocation of the contract at least one month beforehand.

Article 6.643. Change of parties to a contract of loan for use

1. The lender shall have the right to sell the thing or transfer it for onerous use to a third person. In this event, the rights and duties under the previous contract of loan for use shall pass to the new owner or user if that contract, in the case of it being subject to registration, was registered in the Public Register in accordance with the procedure established by laws, or the new owner and user knew or should have known about it at the time of concluding the contract.

2. In the event of the death or reorganisation of the lender, his rights and duties shall pass to the successor of his rights.

CHAPTER XXXIII

INDEPENDENT WORK

SECTION ONE

GENERAL PROVISIONS

Article 6.644. Concept of contract of independent work

1. Under a contract of independent work, one party (independent work contractor) shall take an obligation to perform certain work at his own risk in accordance with the task of another party (customer), and transfer the results thereof to the customer, while the latter shall be obliged to accept the work performed and pay for it.

2. The provisions determined in the present Section shall be correspondingly applicable to individual types of independent work (consumer independent work, construction independent work, etc.) unless otherwise provided for by the provisions of other Articles of this Section.

3. The independent work contractor and customer shall not be connected by subordination or any other dependence relationship.

Article 6.645. Subject matter of a contract of independent work

1. A contract of independent work shall be concluded for the manufacture or transfer of the results of a certain work, or for the fulfilment of any other work with the ensuing transfer of the results created in the process of this work to the customer. Prior to the conclusion of the contract, the independent work contractor shall be obliged to submit to the customer all the necessary information related with the fulfilment of the work, likewise the information concerning the materials and the time necessary for the fulfilment of the work.

2. In the event of a contract of independent work being concluded for the manufacture of a thing, the independent work contractor together with the manufactured thing shall transfer to the customer the rights thereto.

3. Unless otherwise provided for by the contract, the independent work contractor shall fulfil the work at his own risk and independently determine the methods of performing the task set by the customer.

4. In the event of the character and value of the work fulfilled being relatively insignificant in comparison with the value of the manufactured, purchased or converted thing, the contract shall be deemed to be not that of independent work, but a purchase-sale contract.

Article 6.646. Permits (licences) for individual types of work

It may be provided for by laws that certain types of work may be fulfilled only upon having a permit (licence) issued in accordance with the procedure established by laws.

Article 6.647. Fulfilment of work from the materials and by the means of the independent work contractor

1. Unless otherwise provided for by the contract, the independent work contractor shall fulfil the work agreed in the contract from his own materials and by his means and forces.

2. In fulfilling the work from his own materials, the independent work contractor shall be liable for any inferior quality of the materials.

Article 6.648. Fulfilment of work from the materials of the customer

1. In supplying the independent work contractor with materials, the customer shall also be obliged to transfer to him the documents certifying the conformity of the materials.

2. In the event of the materials supplied by the customer being not fit for use, or defective, of which the independent work contractor must know, the independent work contractor shall be obliged to immediately notify the customer thereof.

3. If the work is fulfilled in whole or in part from the materials of the customer, the independent work contractor shall be liable for improper consumption of the materials. The independent work contractor shall be obliged to submit a report to the customer on the expenditure of the materials and return the balance thereof, or with the consent of the customer, to reduce the price of the work by taking into account the cost of the unconsumed materials remaining with the independent work contractor.

4. In the event of the work being performed from the materials of the customer under the contract of customer order, the receipt issued by the independent work contractor to the customer in concluding the contract must contain precise name, description and valuation of the materials determined by the agreement between the parties.

5. The contract of independent work may provide for the norms of the expenditure of the materials, the time-limits for the return of their balance and basic waste, likewise the liability of the independent work contractor for the failure to perform these duties, or improper performance thereof.

6. In the event where the result was not achieved by the independent work contractor, or the result achieved turned to have defects which make it unfit for the use provided in the contract, or in accordance with its normal designation due the defects in the material granted by the customer, the independent work contractor shall have the right to demand payment for the work fulfilled if he proves that the defects of the materials were impossible to be noticed in accepting them from the customer.

Article 6.649. Distribution of risks between parties

1. Unless otherwise provided for by laws or a contract of independent work:

1) the risk of accidental perishing or damaging of materials or equipment transferred for the fulfilment of work shall be borne by the party granting them;

2) the risk of accidental perishing or damaging of the result of the work fully completed or that of its intermediary stage shall be borne by the independent work contractor until the acceptance thereof by the customer.

2. In the event of delay in the transfer or the acceptance of the result of the work fulfilled, the risks provided for in Paragraph 1 of this Article shall be borne by the party in delay.

Article 6.650. General independent work contractor and subcontractor

1. Unless the duty of the independent work contractor to fulfil the work provided for in the contract personally arises from the laws or independent work contract, the independent work contractor shall have the right to involve other persons (subcontractors) to perform his obligations. In the event where subcontractors are involved for the performance of the task, the independent work contractor shall act in the capacity of a general independent work contractor.

2. The independent work contractor who has involved subcontractors to perform a contract of independent work in violation of laws or the rules established in the contract shall be liable before the customer for any damages caused by the subcontractors in the performance of the contract.

3. The general independent work contractor shall be liable before the customer for the failure to perform or improper performance of the obligations by the subcontractors, and before subcontractors, for the failure to perform or improper performance of the obligations by the customer.

4. Unless otherwise provided for by laws or the contract, the customer and the subcontractor shall have no right to raise monetary claims to one another connected with the violation of the contracts concluded by each of them with the general independent work contractor.

5. With the consent of the general independent work contractor, the customer shall have the right to conclude contracts for fulfilment of concrete work with other persons. In this event, those persons shall be directly liable before the customer for the failure to perform or improper performance of the contract.

Article 6.651. Particularities of a contract of independent work where the work is fulfilled by several persons

1. If the work is fulfilled by two or more persons, in the event of the indivisibility of the subject matter of obligation, they shall be liable before the customer as solidary co-debtors and co-creditors.

2. In the event of the divisibility of the subject matter of obligation, each of the persons indicated in Paragraph 1 of this Article shall acquire the rights and duties with respect to the customer within the limits of the corresponding participatory share (partial obligation) unless otherwise provided for by the contract.

Article 6.652. Time-limits for the fulfilment of work

1. The beginning and ending of the fulfilment of the work shall be indicated in the contract of independent work. The parties may also determine the time-limits for completing concrete stages of work (intermediate time-limits).

2. Unless otherwise provided for by laws or the contract, the independent work contractor shall be liable for a violation of both the beginning and the ending of work, likewise for the violation of the intermediate time-limits.

3. Upon the agreement of the parties, the time-limits for the fulfilment of the work specified in the contract may be changed in accordance with the procedure indicated in the contract of independent work.

4. In the event of the violation of the ending time-limits of the fulfilment of the whole work under the independent work contract, the customer shall have the right to refuse acceptance of the work fulfilled in result of performance of the whole obligation and claim damages from the independent work contractor related with the delay in performance in the cases where the performance of the obligation due to the delay became of no significance for the customer.

Article 6.653. Price of work

1. The contract of independent work shall specify the price of the work subject to fulfilment or the methods and criteria of its calculation. In the event where the price is not specified in the contract, it shall be determined in accordance with the procedure established in Article 6.198 of this Code.

2. The price indicated in the contract of independent work shall include payment due to the independent work contractor for the work performed and the compensation of expenses incurred by him.

3. The price of work specified in the contract may be determined by drawing up a definite or approximate estimate. In the instances when the work is fulfilled in accordance with the estimate drawn up by the independent work contractor, the estimate shall enter into force and become part of the contract of independent work from the moment it is confirmed by the customer.

4. In the event where a necessity arises to fulfil additional work or for any other important reasons the independent work contractor has to increase the price of some individual stages of the work, he shall be obliged to inform the customer thereof in time. If the customer refuses to increase the price, the independent work contractor shall have the right to revoke the contract. In this event, the independent work contractor shall have the right to demand from the customer payment for the work fulfilled. The independent work contractor who failed to inform the customer in time about the necessity to increase the price shall be obliged to perform the contract for the price foreseen therein.

5. In the instances where a definite price for the work to be fulfilled is indicated in the contract, the independent work contractor shall have no right to increase the price, nor the customer to reduce it. The same provision shall apply for those instances where at the moment of concluding the contract of independent work, it was not possible to determine the exact amount of work subject to fulfilment nor all the expenses necessary for the fulfilment of work.

6. In the event of essential growth of the price of materials or equipment, or also of the services rendered to the independent work contractor by third persons, and the independent work contractor was not able to predict such increase at the time when the contract was concluded, the independent work contractor shall have the right to demand an increase of the established price of work or to dissolve the contract in accordance with the provisions established in Article 6.204 of this Code.

Article 6.654. Economies of the independent work contractor

1. In the event where the actual expenses of the independent work contractor prove to be lower than those taken into account in determining the price of work, the independent work contractor shall retain the right to the payment for work as established in the contract of independent work unless the customer proves that the economies produced negative effect on the quality of work as determined in the contract.

2. A distribution of the economies received may be provided for in the contract.

Article 6.655. Procedure for payment of work

1. Unless preliminary payment for work fulfilled or individual stages thereof has been provided for in the contract of independent work, the customer shall be obliged to pay the independent work contractor the stipulated price after the final acceptance of the results of work on condition that the work is fulfilled properly and on time or with the consent of the customer before time.

2. The independent work contractor shall have the right to demand an advance payment or an earnest only in the instances provided for in the contract.

Article 6.656. Right of the independent work contractor to exact remuneration due to him

In the event of the failure of the customer to perform his obligation to pay the remuneration established in the contract of independent work or any amount agreed by the parties to the contract, the independent work contractor shall have the right to exact the amounts due to him under the contract for the work fulfilled from the equipment belonging to the customer, balance of the unused materials, or any other property of the customer until full payment by the customer, or to retain the result of the work until proper performance of the obligation by the customer.

Article 6.657. Liability of the independent work contractor for non-preservation of the property granted to him by the customer

The independent work contractor shall be obliged to take any measures necessary to ensure preservation of the property granted to him by the customer and shall be liable towards the customer for any loss or damage of this property.

Article 6.658. Rights of the customer during the fulfilment of work

1. The customer shall have the right at any time to verify the course and quality of the work under fulfilment without interfering in the economic-commercial activity of the independent work contractor.

2. In the event of the independent work contractor failing to embark upon the performance of work on time, or where he is working so slowly that the ending of the work on time clearly becomes impossible, the customer shall have the right to revoke the contract and claim compensation of damages.

3. If during the fulfilment of work it becomes evident that it will not be properly performed, the customer shall have the right to designate a reasonable period to the independent work contractor for the elimination of defects and in the event of the failure to perform this demand by the independent work contractor within the designated period, to revoke the contract and either claim compensation of damages or authorise a third person to rectify the work at the expense of the independent work contractor.

4. In the event of emergence of important reasons, the customer shall have the right at any time before the work is completed to revoke the contract at the same time effectuating payment to the independent work contractor for the performed part of the work and compensating the damages caused by the dissolution of the contract, including into damages the economies received by the independent work contractor due to the dissolution of the contract.

5. In the event of defects being discovered in the course of acceptance of the work, the customer shall have the right to deduct from the amounts due to the independent work contractor for the work performed the amount necessary to eliminate the defects. The customer shall retain this right also in the instances where hidden defects of work are discovered. Nevertheless, the customer shall have no such right in the event where the independent work contractor adequately ensures the performance of his obligation.

Article 6.659. Circumstances of which the independent work contractor is obliged to warn the customer

1. The independent work contractor shall be obliged to immediately warn the customer and until receiving instructions from him to suspend the work in the event of discovering:

1) unfitness or inferior quality of the materials, other property or documents received from the customer;

2) possible consequences threatening the fitness, stability, or security of the work due to the compliance with the instructions of the customer concerning the methods of the fulfilment of work;

3) other circumstances beyond the control of the independent work contractor which threaten the fitness, stability or security of the work.

2. In the event of the independent work contractor failing to warn the customer about the circumstances indicated in Paragraph 1 of this Article, or continuing to work without awaiting for the receipt of the customer’s reply within the period indicated in the contract, and in the absence thereof, within a reasonable time, or failing to comply with the timely instructions of the customer shall forfeit his right to refer to the circumstances indicated in Paragraph 1 of this Article and shall be liable for the defects of the thing.

3. If the customer, notwithstanding a timely and substantiated warning of the independent work contractor concerning the circumstances indicated in Paragraph 1 of this Article, within a reasonable time fails to replace unfit or inferior quality materials, other property or documents, or to change his instructions concerning the methods of the fulfilment of work, or to eliminate other circumstances which threaten the fitness or stability of the work to be fulfilled, the independent work contractor shall have the right to revoke the contract and claim compensation of damages.

Article 6.660. Assistance of the customer

1. The customer shall be obliged in the instances and under the procedure established in the contract of independent work to render assistance to the independent work contractor in the fulfilment of the work. In the event of the customer failing to perform this duty, the independent work contractor shall have the right to claim from him compensation of damages, including additional expenses caused by idle-time or postponement of the time-limits for the fulfilment of work or by the increase of the cost of work.

2. In the instances where the fulfilment of work under the contract has become impossible as a consequence of failure on the part of the customer to perform his obligation indicated in Paragraph 1 of this Article, or improper performance thereof, the independent work contractor shall have the right to demand payment to him of the price specified in the contract taking into account the part of the work fulfilled and the compensation of damages, or to dissolve the contract.

Article 6.661. Legal effects of the failure to perform counter-duties of the customer

1. The independent work contractor shall have the right not to embark upon the work, or to suspend the work begun in the event of failure on the part of the customer to perform his counter-duties established in the contract of independent work (granting of materials, equipment, documents, etc.), or if the customer obstructs the performance of the contract by the independent work contractor, or there also exist other circumstances explicitly testifying to the fact that the independent work contractor will fail to perform his duties on time (Article 6.219 of this Code).

2. Unless otherwise provided for by the contract of independent work, the independent work contractor shall have the right, within existence of the circumstances indicated in Paragraph 1 of this Article, to revoke the contract and claim compensation of damages.

Article 6.662. Acceptance of work fulfilled

1. The customer shall be obliged within the periods and in the procedure provided for in the contract of independent work to inspect with the participation of the independent work contractor and accept the work fulfilled (its result). In the event of discovering any deviations from the conditions of the contract which worsen the quality of the result of the work, or any other defects in the work, the customer must immediately inform the independent work contractor accordingly. The acceptance of the work fulfilled shall be formalised by drawing up an act by which the customer certifies an unconditional acceptance, or that with a reservation clause, and the independent work contractor- transference of the work fulfilled.

2. The customer, having discovered defects of the work in the course of acceptance, shall be able to rely upon the fact of the defects only in the instances where in the act or any other document certifying the acceptance of the work fulfilled these defects were recorded, or the right of a subsequent claim on the part of the customer concerning their elimination is stipulated.

3. Unless otherwise provided for by the contract, the customer having accepted the work without verification shall be deprived of the right to rely upon the defects which could have been discovered by ordinary means of acceptance of the work (obvious defects).

4. The customer having discovered after the acceptance of the work defects thereof or any deviations from the contract which could not have been discovered by ordinary means of acceptance of the work (latent defects), likewise those intentionally concealed by the independent work contractor shall be obliged to notify the independent work contractor thereof within reasonable time after their discovery.

5. In the event where a dispute arises between the independent work contractor and the customer because of the defects of the work, each party shall have the right to demand expert examination. The expenses of the expert examination shall be borne by the independent work contractor, except in cases where the expert examination establishes the absence of any violations on the part of the independent work contractor of the contract of independent work, or a causal link between the actions of the independent work contractor and the defects discovered. In such events, the expenses of the expert examination shall be borne by the party which requested such examination, and if it was designated by the agreement between the parties, both parties equally.

6. Unless otherwise provided for by the contract of independent work, in the event where the customer evades acceptance of the work fulfilled, the independent work contractor shall have the right at the expiry of a month from the date when according to the contract the work should have been accepted and after having twice in written form notified the customer to sell the result of the work and to deposit the amount received, less all payments due to him, in the name of the customer (Article 6.56 of this Code).

7. In the event where the evasion of the customer of acceptance of work entailed delay in the handing over of the results of the work, the risk of accidental perishing or damaging of the result of work shall pass to the customer from the moment when the transfer of the result to the customer should have been executed.

Article 6.663. Quality of work

1. The quality of the work fulfilled by the independent work contractor must conform to the conditions of the contract of independent work and, in the absence of any determination of quality in the contract, to the requirements ordinarily presented for work of the respective nature. The result of work fulfilled must at the moment of transfer to the customer possess the properties specified in the contract of independent work or determined requirements usually presented, and within the limits of a reasonable period be fit for use in accordance with its designation.

2. In the event where obligatory requirements for work to be fulfilled are established by the law or the contract of independent work, the independent work contractor, acting as a businessman, shall be obliged to comply with those requirements. The parties may establish in the contract of independent work a duty of the independent work contractor to fulfil the work in accordance with higher requirements than the existent obligatory requirements.

Article 6.664. Guarantee of the quality of work

1. In the event where guarantee period for the result of the work is established by the law or the contract of independent work, the result of the work must correspond to the established quality requirements during the entire guarantee period.

2. Unless otherwise provided for by the contract of independent work, the guarantee of the quality shall extend to all component parts of the result of the work.

3. In the event of defects being discovered during the guarantee period, the independent work contractor shall be obliged to gratuitously eliminate the defects or compensate to the customer the expenses of their elimination.

Article 6.665. Liability of the independent work contractor for improper quality of work

1. In the instances where the work is fulfilled with deviations from the conditions of the contract, which renders the result of the work unfit to be used in accordance with its designation as determined in the contracts or worsens its possibilities (conditions) to be used in accordance with its designation and, where the designation is not specified in the contract - in accordance with its ordinary use, the customer shall have the right, unless otherwise provided for by the law or the contract, at his choice to require from the independent work contractor:

1) elimination of defects without compensation within a reasonable period;

2) commensurate reduction of the price established for work;

3) compensation of his expenses for elimination of the defects when the right of the customer to eliminate them has been provided for in the contract of independent work.

2. The independent work contractor shall have the right instead of eliminating the defects to fulfil the work anew without compensation and compensate to the customer damages caused by the delay of performance. In this event, the customer shall be obliged to return the result of work previously transferred to him to the independent work contractor if by the character of the work such return is possible.

3. In the even of the failure of the independent work contractor to eliminate the deviations from the contract or other defects within a reasonable time, or the defects prove to be essential and cannot be eliminated, the customer shall have the right to dissolve the contract and claim the compensation of damages.

4. The conditions of a contract of independent work which relieve the independent work contractor from liability for certain defects shall not exempt him from liability if the customer proves that such defects were caused by the fault or gross negligence of the independent work contractor.

5. In the event where the work was performed from the materials of the independent work contractor, the independent work contractor shall be liable for the improper quality of those materials as a seller under a purchase-sale contract.

Article 6.666. Periods for discovery of defects of the work

1. Unless otherwise provided for by the law or the contract of independent work, the customer shall have the right to present demands connected with defects in the results of the work on condition that they were discovered within the periods established in the present Article.

2. In the instances where guarantee period is not established, the defects of the result of the work must be determined within a reasonable time but not exceeding the limit of two years from the date when the result of the work was transferred unless other time-limits are provided for by the law or the contract of independent work.

3. The customer shall have the right to present demands connected with defects in the results which were discovered within the period of guarantee.

4. In the instances where the guarantee period provided for the contract does not exceed two years and the defects of the result of the work are discovered by customer upon the expiry of the guarantee period but within the limit of two years from the date when the result of the work was transferred, the independent work contractor shall be held liable for those defects if the customer proves that the defects arose before the transfer of the results of the work or for reasons which occurred before that moment.

5. Unless otherwise provided for by the contract of independent work, the guarantee period shall start its run from the moment when the result of work was accepted or should have been accepted by the customer.

6. The rules established in Paragraphs from 2 to 6 of Article 6.335 of this Code shall apply for the calculation of the guarantee period unless otherwise provided for by laws or the contract of independent work, or any other conclusion arise from the essence of a particular contract of independent work.

Article 6.667. Prescription

1. Prescription for claims arising in connection with defects of the work fulfilled shall constitute one year, except in cases provided for by this Code.

2. In the instances where according to the contract of independent work the result of work was accepted in parts, the prescription shall commence from the date of acceptance of the results of work as a whole.

3. In the event where a guarantee period is established by the law or contract of independent work, and the statement concerning the defects was presented within that guarantee period, the prescription shall commence from the date of the statement concerning the defects.

Article 6.668. Duty of the independent work contractor to transfer information to the customer

The independent work contractor shall be obliged to transfer to the customer together with the result of the work information about the use of the subject matter of the contract of independent work if such duty of the independent work contractor is established in the contract of independent work, or the character of the information is such that without it the use of the results of the works is impossible for the designation specified in the contract.

Article 6.669. Duty of the parties in respect of confidentiality

If any of the parties in the framework of performance of a contract of independent work has received information from the other party considered to be commercial secret or any other confidential information stipulated in the contract, this party shall have no right to communicate such information to third persons without the consent of the other party.

Article 6.670. Return of property to the customer

In the instances where the customer dissolves the contract on the grounds provided for in Paragraph 2 of Article 6.658 and Paragraph 3 of Article 6.665 of this Code, the independent work contractor shall be obliged to return to the customer the materials and any other property transferred, and where this proves to be impossible, compensate their value in money.

Article 6.671. Legal effects of the dissolution of a contract of independent work before acceptance of the results of work

In the event of the dissolution of contract of independent work on the grounds provided for by the law or contract before the acceptance of the result of the work, the customer shall have the right to demand transference to him of the result of the work fulfilled, and the independent work contractor in this event shall have the right to demand payment for the actually performed work.

SECTION TWO

CONSUMER INDEPENDENT WORK

Article 6.672. Concept of contract of consumer independent work

1. Under a contract of consumer independent work, the independent work contractor engaged in a certain business activity shall take an obligation to fulfil in accordance with the order of a natural person (consumer) certain work intended to satisfy domestic or other personal needs of the customer or those of his family, while the customer shall be obliged to accept the result of the work performed and pay for it.

2. The provisions established in Article 6.188 and Articles from 6.350 to 6.37 of this Code shall apply, mutatis mutandis, to contracts of consumer independent work.

3. The relationships of contracts of consumer independent work which are not regulated by the provisions of this Code shall be governed by laws on the protection of customer rights and other laws related with the protection of these rights.

Article 6.673. Guarantees of the customer

1. The independent work contractor shall have no right to demand inclusion of additional work or services into a contract of consumer independent work. The customer shall have the right to refuse payment for work or services not indicated in the contract.

2. The customer shall have the right at any time before the acceptance of the results of work to dissolve the contract, having paid a part of the determined price commensurate to the work fulfilled.

Article 6.674. Granting of information to customer about proposed work

1. Prior to the conclusion of the contract, the independent work contractor shall be obliged to submit to the customer all the necessary and accurate information related with the proposed work also upon the request of the customer other data related with the contract and the work to be performed. In the event where it is significant due to the character of the work, the independent work contractor must indicate to the customer the specific person who will perform the work provided for in the contract.

2. The customer shall have the right to dissolve the contract without paying for the work performed and claim compensation of damages in the instances where as a consequence of incompleteness or inaccuracy of information submitted by the independent work contractor, a contract was concluded for the fulfilment of work not possessing the properties which the customer had in mind.

Article 6.675. Fulfilment of work from materials of the independent work contractor

1. If work is fulfilled from the materials of the independent work contractor, the material shall be paid for by the customer when concluding the contract in whole or in a part of the price specified in the contract, with the final payment executed to the independent work contractor after the completion of the work.

2. In accordance with the contract of independent work, the material may be granted by the independent work contractor on credit, also that the customer will pay for the material by instalments.

3. A change of price of the material granted by the independent work contractor after the conclusion of the contract of independent work shall not entail a resettlement of accounts.

Article 6.676. Price and payment for work

1. The price of work shall be determined by an agreement between the parties to the contract of independent work.

2. The work shall be paid for by the customer after the transference of the result of the work by the independent work contractor. With the consent of the customer the work may be paid for by him when concluding the contract in full or by issuing an advance, or the payment may be effectuated later at the time agreed upon by the parties.

Article 6.677. Duty of the independent work contractor to notify the customer about the conditions of use of the work fulfilled

In transferring the result of work to the customer, the independent work contractor shall be obliged to notify him of the conditions for its use and the requirements which are necessary to comply with when using the result of the work, also warn about possible consequences for the customer himself and other persons of the failure to comply with such requirements.

Article 6.678. Legal effects of discovery of defects in the work fulfilled

1. In the event of the discovery of defects during the acceptance of the results of work or during the use thereof, the customer shall within the periods established in Article 6.666 of this Code present at his choice one of the requirements stipulated in Article 6.665 of this Code, or require repeated fulfilment of the work without compensation, or claim compensation for expenses incurred by him for the elimination of the defects.

2. The demand concerning the elimination without compensation of such defects in the result of the work which may pose danger to the life or health of the customer or other persons may be presented by the customer or his legal successor within two years, and where the subject matter of the contract was a building, installation or any other construction works, within the period of ten years from the moment of acceptance of the result of work unless a more extended period is determined by laws or the contract. Such demands may be presented irrespective of when these defects were discovered, likewise if they were determined after the expiry of the guarantee period.

3. In the event of the failure of the independent work contractor to fulfil the demands specified in the preceding Paragraph, the customer shall have the right within the same period to require either the return of part of the price paid for the work or compensation for expenses incurred by him for the elimination of the defects.

Article 6.679. Legal effects of the failure of the customer to appear for receipt of the results of work

1. In the event of the failure of the customer to appear for the receipt of the result of work fulfilled or other evasion from the acceptance thereof, the independent work contractor shall be obliged to warn the customer in writing of his duty to accept the result of the work.

2. In the event of the failure of the customer to take over the result of the work within two months from the date of the warning indicated in the preceding Paragraph, the independent work contractor shall have the right to sell the subject matter of the contract for a reasonable price and to deposit the amount received, less all payments due to him, in the name of the customer into depository account of the notary, bank or any other credit institution located in the place of residence of the customer.

Article 6.680. Rights of the customer in the event of failure to fulfil the work indicated in the contract or improper fulfilment thereof

In the event of failure of the independent work contractor to fulfil the work indicated in the contract of consumer independent work, or improper fulfilment thereof, the customer shall have the right to take advantage of the rights of a purchaser established in Article 6.334 of this Code.

SECTION THREE

CONSTRUCTION INDEPENDENT WORK

Article 6.681. Concept of a contract of construction independent work

1. Under a contract of construction independent work, the independent work contractor shall be obliged, within the period established in the contract, to build a determined construction works according to the task of the of the customer or to fulfil another construction work, while the customer shall take an obligation to create the necessary conditions for the independent work contractor in order to fulfil the work, to accept the result of the work performed, and pay the price stipulated in the contract.

2. A contract of construction independent work shall be concluded for the construction or reconstruction of enterprises, construction works, dwelling houses and other structures and also for the fulfilment of assembly, launching or any other work. The provisions of this Article shall likewise apply to work related with capital repair of buildings or installations unless otherwise provided for by the contract.

3. A contract of construction independent work may establish the duty of the independent work contractor to ensure the operation of the object after its acceptance by the customer during a period specified in the contract.

4. In the instances when under a contract of construction independent work the work is fulfilled for the purpose of satisfaction of personal, family or domestic requirements of a natural person (consumer) not related with his business or profession, the provisions governing the contract of consumer independent work shall apply to this contract.

Article 6.682. Distribution of risk between parties

1. The risk of accidental perishing or damage of the object of construction or a part thereof shall be borne by the independent work contractor until its acceptance by the customer.

2. In the event of accidental perishing or damaging of the object of construction or a part thereof before its acceptance as a consequence of inferior quality of materials, components or structures of construction works granted by the customer, or due to the performance of erroneous instruction of the customer, the independent work contractor shall have the right to demand payment of the entire price of the work indicated in the contract, provided that the independent work contractor has performed the duties established in Paragraph 1 of Article 6.659 of this Code. In the event of the failure of the customer to comply with the request of the independent work contractor to change materials, components, structures of construction works or instructions which may pose threat to the surrounding or would result in essential violations of the technical regulations established in the construction documents, the independent work contractor must immediately dissolve the contract.

Article 6.683. Insurance of the object of construction

1. The contract of construction independent work may establish the duty of the party on whom the risk of accidental perishing or damaging of the construction object is placed to insure the construction object, material, equipment, and other property used in the construction, likewise the duty to insure civil liability of that party for damage caused to other persons.

2. The party on whom the duty to insure the construction object or his civil liability is placed shall be obliged to submit to the other party within the periods established in the contract the evidence of his conclusion of the contract of insurance, also the data on the insurance enterprise, the sum of insurance and the essential conditions of insurance.

Article 6.684. Technical construction regulations and estimates

1. The independent work contractor shall be obliged to perform the construction work in accordance with the requirements established in the technical construction regulations and the contract (contractual documentation) determining the price of work and quality requirements applicable to the construction works (work).

2. The composition of the documents related with the contract (technical construction regulations) must be indicated therein. The contract must likewise specify which of the parties and within what period must grant the certain technical construction regulations.

3. Unless otherwise provided for by the contract of construction independent work, the independent work contractor shall be deemed to be obliged to fulfil himself all the work indicated in the technical construction regulations.

4. In the instances of the independent work contractor having discovered in the course of the construction the work which is not indicated in the technical construction regulations and necessitates fulfilment of additional work and increase the price of the contract concerned, he shall be obliged to inform the customer accordingly. In the event of the failure to receive a reply from the customer to his communication within the period established in the contract or within reasonable time, where such period is not indicated in the contract, the independent work contractor shall have the right to suspend the work concerned. In this case, the damages caused by the suspension of the work shall be borne by the customer unless he proves the absence of necessity to perform additional work.

5. In the event of the failure of the independent work contractor to perform the duty indicated in Paragraph 4 of this Article, he shall be deprived of his right to demand payment from the customer for the additional work fulfilled and claim compensation of damages incurred unless he proves that the necessity for immediate actions was in the interests of the customer while the suspension of work might have brought about perishing or damaging of the construction object.

Article 6.685. Change in the contractual documentation

1. The customer shall have the right to make changes in the contractual documentation on condition that the price of the additional work caused by this does not exceed fifteen per cent of the total price of construction specified in the contract, and those changes do not alter the character of the work provided for in the contract. The parties may also provide for other conditions for making changes in the contractual documentation.

2. The independent work contractor shall have the right to demand a revision of the price of the contract if for reasons beyond his control the actual price of the work has increased by more than fifteen per cent (Article 6.204 of this Code).

3. The independent work contractor shall have the right to claim compensation for reasonable expenses incurred by him in connection with the establishment and elimination of the defects in the contractual documentation.

Article 6.686. Provision of construction with materials and equipment

1. The duty relating to the provision of materials, equipment, components and other structures of construction works shall be borne by the independent work contractor unless the contract of construction independent work attributes this duty to the customer.

2. The party whose duty is to provide the construction with materials and equipment shall be liable for the defects thereof which render those materials and equipment impossible to be used without worsening the quality of the construction work unless it is proved that the impossibility of the use of those materials and equipment arose through circumstances for which the other party is liable.

3. In the event where the defects mentioned in Paragraph 2 of this Article are discovered in the materials and equipment provided by the customer, and the customer refuses to replace them, the independent work contractor shall be obliged to dissolve the contract and demand payment for the actually fulfilled work.

4. The independent work contractor shall have no right to use the materials provided by the customer for his own needs unless otherwise provided for by the contract of independent work.

Article 6.687. Payment for work

1. The customer shall be obliged to pay for the construction work fulfilled within the periods and in accordance with the procedure determined in the contract of construction independent work.

2. The parties may agree upon payment at certain periods or in full after acceptance of the object of construction.

Article 6.688. Other duties of the customer

1. The customer shall be obliged in a timely way to provide a land plot for construction (construction site). The size and state of the land plot provided must conform to the conditions specified in the contract of construction independent work and enable the timely commencement, normal conducting and timely completion of the construction by the independent work contractor.

2. The customer shall also be obliged in the instances and according to procedure provided for by the contract to transfer for the use of the independent work contractor buildings and installations, grant transportation services, install temporary electric power or water supply networks, obtain the permits granting the independent work contractor with the right to perform certain work, as well as render other services provided for in the contract.

3. Payment for the services specified in Paragraph 2 of this Article shall be effectuated in the instances and pursuant to procedure established in the contract of construction independent work.

Article 6.689. Right of the customer to control and supervise construction work

1. The customer shall have the right to effectuate control and supervision over the course and the quality of construction work being fulfilled, compliance with the schedules of construction work, the quality of the materials supplied by the independent work contractor, and the use of the materials provided by the customer. In implementing this right, the customer shall have no right to interfere in the economic-commercial activity of the independent work contractor.

2. The customer who has discovered deviations from the conditions of the contract which may worsen the quality of the construction work or any other defects shall be obliged to immediately notify the independent work contractor. The failure of the customer to make such notification shall deprive him of the right to rely on them in the future.

3. The independent work contractor shall be obliged to perform the instructions of the customer received in the course of the construction if such instructions are not contrary to the conditions of the contract of construction independent work and the technical construction regulations, and do not represent interference in the economic-commercial activity of the independent work contractor.

4. In the instances where the independent work contractor improperly fulfils the contract, he shall have no right to rely on the fact that the customer failed to effectuate control and supervision of the construction work, except in the cases where the duty of the customer to perform such control and supervision is established by the law or contract.

Article 6.690. Participation of the projecting and other institutions in the fulfilment of duties and effectuation of rights of the customer

1. The customer shall fulfil his duties and effectuate his rights relating control and supervision of the construction with the participation of projecting and other institutions (engineer, constructor, consultant, etc.). The rights and duties of the projecting institution relating to control and supervision of the construction shall be determined within the contract concluded between the customer and the projecting and other institutions, likewise in the contract of construction independent work.

2. The list of construction works subject to authorial supervision of the construction to be effectuated by the projecting institution shall be determined by the technical construction regulations.

3. Mandatory expertise of projects may be established by laws.

Article 6.691. Cooperation of parties to a contract of construction independent work

1. In the course of performing a contract of construction independent work, parties to the contract shall be obliged to cooperate (duty of cooperation). In the event of appearance of obstacles which hinder proper performance of the contract, each of the parties to the contract shall be obliged to take all reasonable measures within his control to eliminate such obstacles. The party which fails to perform this duty shall be deprived of the right to claim compensation of damages caused by the non-elimination of the relevant obstacles.

2. Expenses incurred by a party in eliminating the obstacles specified in the preceding Paragraph shall be borne by the other party in the instances and amounts determined in the contract of construction independent work.

Article 6.692. Duties of the independent work contractor related with the protection of environment and ensuring safety of work

The independent work contractor when performing construction and work connected therewith shall be obliged to comply with the requirements of laws and technical construction regulations concerning the protection of environment and ensuring safety of work. The independent work contractor shall be liable for the violation of these requirements.

Article 6.693. Legal effects of conservation of construction work

If for reasons beyond the control of the parties the construction work is suspended and the construction object subjected to conservation, the customer shall be obliged to effectuate payment in full for all the construction work fulfilled until conservation, likewise to compensate damages caused by the suspension of work and conservation of the objects, including therein all the advantages which the independent work contractor received or could have received as a consequence of the termination of work.

Article 6.694. Handing over and acceptance of work

1. The customer on having received the notification of the independent work contractor concerning the readiness for handing over the results of the work or, if this is provided in the contract, a stage of the work fulfilled shall be obliged to immediately embark upon the acceptance thereof. The conditions of handing over and accepting work shall be determined by laws and the contract of independent work concluded by the parties.

2. The acceptance of work shall be organised and effectuated by the customer at his expense unless otherwise provided for by the contract of construction independent work. In the instances provided for by laws and technical construction regulations, representatives of the relevant state and municipality institutions shall participate in the acceptance of the result of work.

3. The customer having accepted the result of an individual stage of work, shall bear the risk of the consequences of accidental perishing or damaging of this result, except in cases when this occurred due to the fault of the independent work contractor. In the instances where the customer starts to use the construction works before its acceptance, the risk of accidental perishing thereof shall be borne by the customer unless otherwise provided for by the contract.

4. The handing over of the work and the acceptance thereof shall be formalised by an act to be signed by both parties. In the event of the refusal of one of the parties to sign the act, a relevant notation shall be made thereon, and the act shall be signed by the other party. A unilateral act of handing over may be acknowledged null and void by the court if it decides that the first party had substantial grounds for the refusal to sign the act.

5. In the instances provided for by laws or the contract of construction independent work, likewise where it arises from the character of the work, preliminary testing and control measurements must be performed prior to the acceptance of the result of the work. In those instances, the acceptance of work may be effectuated only upon positive results of the preliminary testing and control measurements.

6. The customer shall have the right to refuse acceptance of the results of the work in the event of discovery of defects which render it impossible to be used for the purposes established in the contract of construction independent work and cannot be eliminated by the customer or independent work contractor.

Article 6.695. Liability of the independent work contractor for the quality of work

1. The independent work contractor shall be liable for any deviations from the requirements of the technical construction regulations and also for the failure to achieve the indicators of the objects of construction specified in these documents or the contract (productive capacity of the enterprise, resistance, etc.).

2. In the event of the reconstruction of construction works and installations, the independent work contractor shall be liable for any reduction or loss of reliability, durability and resistance of the construction works or installation.

3. The independent work contractor shall not be liable for minor deviations from the technical construction regulations made with the consent of the customer if he proves that these deviations have not influenced the quality of the construction object and will not bring about negative consequences.

Article 6.696. Liability for the collapse of a construction works

1. The independent work contractor, architect and the technical supervisor of the construction shall be respectively liable for the collapse of a construction works and the resultant damage if the object collapsed due to the defects in the design, structures of construction work, or the performance of construction work, likewise due to unsuitable ground.

2. The architect and the technical supervisor of the construction shall be relieved from liability if it is proved that the collapse of the object was not caused by defects in the design, structures of construction work, or inadequate supervision, or control of construction work, but through faulty actions of the independent work contractor or the customer.

3. The independent work contractor shall be relieved from liability if it is proved that the collapse of the object occurred through the fault of the architect, or the technical supervisor of the construction who were chosen by the customer, or through faulty actions of the customer.

4. In the event where it is not possible to establish through the fault of which of the concrete persons indicated in Paragraph 1 of this Article the collapse of the construction works has occurred, they shall all be solidary liable.

Article 6.697. Guarantee of the quality of work

1. The independent work contractor, unless otherwise provided for in the contract of construction independent work, shall ensure throughout the whole guarantee period the compliance of the object of construction to the indicators established in the technical construction regulations and its fitness for use for the designation specified in the contract.

2. The parties to the contract shall have the right to establish upon their agreement a more extended guarantee period.

3. The independent work contractor, architect and the technical supervisor of the construction shall be liable for the defects discovered within the guarantee period unless it is proved that the defects occurred as a consequence of the normal wear and tear of the objects or parts thereof, its inappropriate use, or improper repair made by the customer or third persons engaged by him, or any other faulty actions of the customer or third persons engaged by him.

4. The running of the guarantee period shall be interrupted for the entire period during which the object could not be used as a consequence of the discovered defects for which the independent work contractor is liable.

5. In the event of discovering defects of the object during the guarantee period, the customer must within reasonable time from their discovery state them to the independent work contractor.

Article 6.698. Guarantee periods

1. The independent work contractor, architect and the technical supervisor of the construction shall be liable for the collapse of the object or defects if the object collapsed or the defects were discovered within the time-limit of:

1) five years;

2) ten years, in existence of hidden constructions of the construction works (structures of construction works, pipelines, etc.);

3) twenty years, in existence of intentionally concealed defects.

2. The time limits specified in Paragraph 1 of this Article shall start their run from the day when the result of the work is handed over.

Article 6.699. Elimination of defects at the expense of the customer

1. A contract of construction independent work may provide for the duty of the independent work contractor to eliminate defects at the request and at the expense of the customer to eliminate the defects of the work for which the independent work contractor is not held liable.

2. The independent work contractor shall have the right to refuse fulfilment of the duty indicated in Paragraph 1 of this Article in the instances where the elimination of defects is not directly connected with the subject matter of the construction independent work or they cannot be eliminated for reasons beyond the control of the independent work contractor.

SECTION FOUR

INDEPENDENT WORK FOR FULFILMENT OF PROJECTING AND SURVEY WORK

Article 6.700. Concept of the contract of independent work for fulfilment of projecting and survey work

Under a contract of independent work for fulfilment of projecting and survey work, the independent work contractor (architect, surveyor) shall take an obligation to fulfil survey and projecting work in accordance with the task of the customer, draw up technical documentation or create any other result of the work and transfer to the customer, while the latter shall be obliged to accept the result of the work and pay for it.

Article 6.701. Task of projecting and survey work

1. Within the periods and in accordance with the procedure established in the contract, the customer shall be obliged to transfer to the independent work contractor the task for the projecting and survey work as well as any other base data necessary for the drawing up of the technical documentation. The task and other base data for the fulfilment of work may also be prepared by the independent work contractor under the authorisation of the customer. In that event, the task shall become obligatory to both parties from the moment when it is confirmed by the customer.

2. The independent work contractor shall be obliged to fulfil the work in compliance with the requirements of the task and other base data and will be able to depart therefrom only with the consent of the customer.

Article 6.702. Duties of the independent work contractor

1. The independent work contractor shall be obliged:

1) fulfil projecting and survey work in accordance with the requirements established by the contract, task and other base data;

2) coordinate the prepared technical documentation with the customer in accordance with the procedure stipulated in construction technical documentation, and in the cases established by the law, with the competent state or local government institutions, or perform the expertise of the technical documentation;

3) cooperate with the customer in the course of fulfilling the work and coordinating the prepared technical documentation;

4) within the periods and in accordance with the procedure established in the contract, transfer the prepared technical documentation or the result of the survey work to the customer;

5) safeguard commercial secrets or any other confidential information of the customer.

2. The independent work contractor shall have no right to transfer the result of the work to third persons without the consent of the customer.

3. The independent work contractor shall be obliged to guarantee to the customer the absence of right on the part of any third persons to prohibit or obstruct fulfilment of projecting or survey work, nor prohibit or obstruct fulfilment of work in accordance with the technical documentation prepared by the independent work contractor.

Article 6.703. Liability of the independent work contractor for the quality of work

1. The architect (surveyor) shall be liable for improper drawing up of the technical documentation or fulfilment of survey work, likewise for the redoing of the construction work as a consequence of improperly fulfilled projecting (survey) work, or improperly drawn up technical documentation or defects of work (documentation) which were discovered subsequently in the course of work in accordance with the prepared technical documentation, or in accepting the result of survey, also in the process of operation of the object created on the basis of that work.

2. In the instances of discovery of defects in the technical documentation or in the survey work, the independent work contractor shall be obliged at the demand of the customer to correct without compensation the defects of the technical documentation or fulfil the survey work anew, likewise to compensate the damages to the customer unless otherwise provided for by the contract.

3. Mandatory expertise of projects may be established by laws.

Article 6.704. Duties of the customer

In accordance with a contract of independent work for fulfilment of projecting and survey work, the customer shall be obliged:

1) pay the independent work contractor the established price in full after the completion of all work, or to pay for it in parts after the completion of individual stages of the work;

2) use the result of the work received from the independent work contractor exclusively for the purposes specified in the contract, not transfer it to third persons, nor divulge the data contained in the results of the work without the consent of the independent work contractor;

3) cooperate with the independent work contractor in the course of the fulfilment of work and coordination of the prepared technical documentation;

4) compensate the independent work contractor for additional expenses caused by a change of the task or base data in the event where the changes were conditioned by circumstances beyond the control of the independent work contractor;

5) involve the independent work contractor as a third person to participate in the case with regard to a suit brought against the customer by third persons in connection with defects in the technical documentation or the results of projecting and survey work.

SECTION FIVE

INDEPENDENT WORK FINANCED FROM THE BUDGET OF THE STATE OR MUNICIPALITIES

Article 6.705. Fulfilment of construction and projecting work for the needs of the state or municipalities

1. Construction, projecting, survey work, likewise architectural and engineering activity and related technical consultations intended for the satisfaction of the needs of the state or municipalities financed from the budget of the state or municipalities shall be fulfilled under contracts of independent work concluded on the basis of a public tender, except in cases provided for by laws.

2. Contracts of independent work indicated in Paragraph 1 of this Article shall be governed correspondingly by provisions of this Code unless otherwise provided for by laws.

Article 6.706. Content of contract of independent work formed on the basis of a public tender

In the event where a contract of independent work is formed on the basis of a public tender, the content of the contract shall be determined in accordance with the announced conditions of the tender and the proposals submitted by the independent work contractor who has won the tender.

CHAPTER XXXIV

SCIENTIFIC RESEARCH, EXPERIMENTAL, DEVELOPMENT AND TECHNOLOGICAL WORK

Article 6.707. Concept of a contract for the fulfilment of scientific-research, experimental, development or technological work

1. Under a contract for the fulfilment of scientific research, experimental, development or technological work, one party (executor) shall take an obligation to carry out research in accordance with the technological assignment of the other party (customer) and in accordance with a contract for experimental, development or technological work, to work out a model of a new product, or its production development documentation, or new technology, while the customer shall be obliged to accept the work and pay for it.

2. A contract with the executor may be concluded for the fulfilment of the work in total or for its individual stages (elements).

3. Unless otherwise provided for by laws, the risk of accidental impossibility to fulfil the contract shall be borne by the customer.

4. The conditions of a contract must correspond to the provisions on intellectual property established by this Code and other laws.

Article 6.708. Fulfilment of work

1. The executor shall be obliged to conduct scientific research personally. He shall have the right to involve third persons for the fulfilment of scientific research work pursuant to the contract only upon a written consent of the customer.

2. The executor shall have the right to involve third persons for the fulfilment of experimental, development or technological work unless otherwise provided for by the contract. Relations of the executor with the third persons shall be governed accordingly by Article 6.650 of this Code.

Article 6.709. Confidentiality of information

1. Unless otherwise provided for by a contract, both parties shall be obliged to ensure confidentiality of information related with the subject matter of the contract, the performance of the contract and the results received. The type of information to be deemed confidential pursuant to the contract shall be determined upon the agreement of the parties.

2. Each of the parties shall be able to divulge the information deemed confidential pursuant to the contract exclusively upon the consent of the other party.

Article 6.710. Right of the parties to the results of work

1. The parties to a contract shall have the right to use the results of the work fulfilled to the extent and on the conditions determined in the contract.

2. Unless otherwise provided for by the contract, the customer shall have the right to use the results of the work transferred, and the executor shall be able to use the results of the work received by him for the own needs.

Article 6.711. Duties of the executor

The executor in a contract for the fulfilment of scientific research, experimental, development or technological work shall be obliged:

1) fulfil the work in accordance with the technical task agreed with the customer and transfer the results of the work to the customer within the period indicated in the contract;

2) agree with the customer upon the expediency of using the legally protected results of intellectual activity that belong to third persons and the acquisition of the rights for the use thereof;

3) eliminate by his own means and at his expense defects violating the conditions of the contract or technical task, which occurred through his fault;

4) immediately inform the customer about the impossibility of receiving anticipated results, or the inexperience of continuing the work;

5) guarantee to the customer that the transferred results of the work fulfilled do not violate the exclusive rights of other persons.

Article 6.712. Duties of the customer

1. The customer shall be obliged to transfer to the executor the information indicated in the contract as necessary for the fulfilment of work, accept the results of the work fulfilled and pay for them.

2. The contract may provide for the duty of the customer to transfer to the executor technical task and agree with him the programme and theme of the work.

Article 6.713. Impossibility of achieving anticipated results in conducting scientific research work

In the event where in the course of fulfilment of scientific research work it becomes obvious that it is impossible to achieve the anticipated results as a consequence of circumstances beyond the control of the executor, the customer shall be obliged to pay for the work fulfilled before the impossibility became obvious, but not in excess of the respective part of the price of the work specified in the contract.

Article 6.714. Impossibility of continuing experimental, development or technological work

In the event where in the course of fulfilment of experimental, development or technological work, it becomes obvious that it is impossible or inexpedient to continue the work not through the fault of the executor, the customer shall be obliged to pay a part of the price of the work specified in the contract which is proportional to the part of the work fulfilled, as well as to pay other reasonable expenses incurred by the executor in attempting to fulfil the work.

Article 6.715. Liability of the executor for violation of the contract

1. The executor shall be liable towards the customer for the violation of the contract unless he proves that the contract was violated not through his fault.

2. The executor shall be obliged to compensate to the customer for the damages caused by the defects of the work within the limits of the value of the work fulfilled in the event where it is established in the contract that the damages shall be subject to compensation within the limits of the value of the work fulfilled. Lost incomes shall be compensated only in the instances provided for in the contract.

CHAPTER XXXV

PROVISION OF REMUNERATIVE SERVICES

SECTION ONE

GENERAL PROVISIONS

Article 6.716. The concept of the contract for services

1. The contract for services is a contract by which one party to the contract (the provider of services) undertakes to provide to the other party to the contract (the client) by commission of the latter certain services of a non-material nature (intellectual) or other types which are not related to the creation of a material object (to perform certain actions or pursue certain activities), and the client undertakes to pay for the services provided.

2. The provisions of this Chapter shall apply to only those services, in respect of which no relationship of employment or other subordination exists between the provider of services and the client.

3. The rules established by the norms of this Chapter shall apply to the provision of audit, consultancy, personal healthcare, veterinary, information, education, tourist or other remunerative services, to the exclusion of the services provided following the rules laid down in Chapters XXXIII, XXXIV, XXXVI, XXXVIII, XL, XLI, XLII, XLIV, XLVI, XLVII and L of this Book.

4. Where the client is a natural person consumer, the rules of Articles 6.188, 6.350-6.370 of this Code shall apply, mutatis mutandis, to the contract for services.

5. Other laws may establish additional requirements applicable to remunerative services of individual types, which are not provided for in this Chapter.

Article 6.717. Performance of the contract for services

1. Unless the contract for services establishes otherwise, the provider of services himself must provide the services.

2. In compliance with the contract, the provider of services shall be free to choose the methods and measures to perform the contract.

3. Unless the contract establishes otherwise, the provider of services may employ third persons to perform the contract. In the latter case, however, the provider of services shall be personally liable to the client for the proper performance of the contract.

4. Where the services are provided by more than one person, all providers of services shall be liable for the proper performance of the contract, to the exclusion of the cases where the default of the contract or improper performance of the contract occurred through no fault of anyone of them.

Article 6.718. Priority of the interests of the client

1. The provider of services must be honest and reasonable in the provision of services, so as to serve best the interests of the client.

2. Having regard to the type of services, the provider of services must act, in the provision of services, in accordance with established practices and standards applicable to the relevant profession.

3. The provider of services must provide the services in accordance with the terms of the contract and following the instructions of the client. If the instructions of the client are in violation of laws, established rules of the professional activities, standards, professional ethics or the terms of the contract, the provider of services shall have the right to refuse to carry out such instructions and to terminate the contract.

4. The provider of services shall have the right to deviate from the terms of the contract or the instructions of the client, where specific circumstances necessitate such a deviation for the interests of the client or in order to discharge the latter’s commission, and where the contractor was not able to inform the client thereof in advance. In this case, the contractor must notify the client of the deviations as soon as the circumstances permit.

5. If the contract provides for the obligation on the part of the provider of services to achieve a certain result, the provider of services may be relieved from liability as a result of the non-performance of the said obligation only where the provider of services could not meet such obligation for reasons of force majeure.

Article 6.719. The obligation of the provider of services to furnish information

1. Before the contract for services is entered into, the provider of services is bound to provide the client with detailed information concerning the nature of the services that are provided, the terms of their provision, the price of the services, the schedule for the services, possible consequences, and any information which may have an influence on the client’s determination to enter into the contract.

2. In the event of public services rendered, or where the provision of the services constitutes business of the provider of services, the client shall be provided with the conditions of public access to the information indicated in paragraph 1 of this Article either at the head office of the provider of services or at any other place freely accessible to each possible client.

Article 6.720. The price of services and payment

1. The price of the services shall be fixed by agreement of the parties and may be modified after the conclusion of the contract only in accordance with the terms of the contract and in cases stipulated in the contract.

2. The client is bound to pay the increased price of the services exceeding the price fixed at the time the contract is entered into only in the event the provider of services furnishes proof that such increase was essential to ensure the proper performance of the contract and to the extent that such increase could not be foreseen at the time the contract was entered into.

3. The client shall pay for the services rendered within a given time and following the procedure agreed in the contract. Unless the contract provides otherwise, the client is bound to pay the whole price when the contracted services are provided. By agreement between the parties, part of the price may be paid at the time the contract is entered into or at any agreed time thereafter, and the final settlement shall be effected upon the performance of the contract by the provider of services.

4. If the performance of the contract is impossible through the fault of the client, the client must pay the whole price fixed in the contract, unless the contract provides otherwise.

5. If the performance of the contract is impossible as a result of the circumstances for which no party to the contract may be held responsible, the client is bound to remunerate the provider of services for the actual expenses incurred by the latter, unless the contract provides otherwise.

6. The client shall also reimburse the provider of services for the expenses incurred by the latter and related to the performance of the contract to the extent that such expenses are not covered by the price of the services. The client is also bound to reimburse the provider of services for the latter’s losses related to the provision of the service, incurred at the time of the provision of the services in the event of unforeseen specific circumstances, for which the provider of services shall not be responsible. Where the provision of certain services constitutes professional activities (business) of their provider, the client is bound to reimburse such provider for the losses incurred by the latter only in the event the losses result from specific circumstances not covered by a normal risk characteristic to a certain type of profession or business.

7. If the services are provided by commission of two or more than two clients, all the clients shall bear solidary liability to the provider of services in cases provided for in this Article.

Article 6.721. Unilateral termination of the contract

1. The client shall have the right to unilaterally terminate the contract even though the provision of the services by the provider is already in progress. In this case the client is bound to pay to the provider of services part of the agreed price in proportion to the services rendered and to pay other reasonable expenses made by the provider of services for the purpose of the performance of the contract before the date of receipt of the notice of termination of the contract from the client.

2. The provider of services may unilaterally terminate the contract for important reasons only. In this case the provider of services must fully reimburse the client for the losses incurred.

Article 6. 722. Report of the provider of services

Unless the contract for services provides otherwise, the provider of services:

1) shall, at the request of the client, communicate to him all information on the services rendered and progress in their provision;

2) shall, at the request of the client, forthwith submit a report to the client on the services rendered or progress in their provision;

3) shall forthwith furnish to the client all what the provider of services has received during the provision of services for the benefit of the client.

Article 6.723. Termination of the contract for services

1. The death of the client does not terminate the contract unless it has been entered into specifically in view of the personal qualifications of the client, or the performance of the contract thereby becomes impossible or useless. The contract on the said grounds shall be terminated from the date the provider of services was informed or had reasonable grounds to be aware of the death of the client. The provider of services must, in all cases, ensure that all adequate measures available to him are taken to protect the interests of the client.

2. The contract shall be terminated by the death or incapacity of the provider of services unless analogous services may be adequately continued by his successors who are entitled thereto. The successors of the provider of services, who are informed of the commission, must ensure that all adequate measures available to them are taken to protect the interests of the client.

Article 6.724. Subsidiary application of other norms of this Code to the contracts for services

The norms of this Book, which establish general provisions of the contract agreement (Articles 6.644-6.671) and regulate consumer contracts (Articles 6.672 – 6.680) shall be applicable to contracts for services, in so far as they are not in violation of Articles 6.716 – 6.723 of this Code and modalities of the subject matter of the contract for services.

SECTION TWO

PROVISION OF PERSONAL HEALTHCARE SERVICES

Article 6.725. The contract for personal healthcare services

1. The contract for personal healthcare services is a contract by which an individual who is entitled to provide healthcare services due to his professional or business activities (the provider of healthcare services) undertakes to provide to the other party (the patient) healthcare services provided for in the contract, and the patient undertakes to pay the agreed price to the provider of healthcare services. Where personal healthcare services are provided to a third person rather than the person who has entered into the contract, the said third person shall be considered as the patient (the actual recipient of personal healthcare services). In this case, the person who has entered into the contract shall be the customer.

2. The concept of “personal healthcare services” within the meaning of paragraph 1 above means activities, including examination and counselling directly relating to an individual, undertaken for the purpose of treating the individual, preventing him from falling ill or assessing the condition of his health. This concept also includes nursing of the patient and related activities, as well as material provision for the patient, which is necessary for the pursuit of personal healthcare activities, to the exclusion of pharmaceutical activities.

3. The rules contained in this section shall not apply to the following types of activities: activities intended for determining the health condition of an individual or for providing healthcare to an individual who is represented by the provider of such care in the settlement of a dispute in court or in the fulfilment of obligations, so that the represented individual receives insurance benefits or social benefits; activities aimed at determining one’s endowment or aptitude for learning, health fitness to work or to perform a specific type of activity; and to forensic pathology. Similarly, the rules of this section shall not apply to personal healthcare services the costs of which shall be paid (compensated) , pursuant to laws, from the resources of the compulsory health insurance fund, the State budget or municipal budgets.

Article 6.726. Patients who are minors

1. A minor who has reached the age of 16 may in his own name enter into the contract for personal healthcare services and perform other legal actions directly related to such a contract.

2. A minor who has reached the age of 16 shall be responsible for the fulfilment of all obligations arising from this contract, and this may not have any affect on his parents’ duty to bear the costs of care for and upbringing of the minor.

3. Laws may provide for the cases where only an adult person may become party to the contract for personal healthcare services.

Article 6.727. Provision of information to the patient

1. The provider of personal healthcare services must inform the patient, in a form comprehensible to the latter and with an explanation of the special medical terms involved, of the condition of his health, disease diagnosis, possible treatment methods, prognosis of the treatment and other circumstances which may have an effect upon the patient’s decision to consent or refuse the proposed treatment, as well as of the effects, in case the patient refused the proposed treatment.

2. The provider of personal healthcare services shall have the right to withhold the information indicated in paragraph 1 above from the patient only in those instances where such notification would have a detrimental effect upon the patient (would cause harm to the health of the patient or even endanger his life). In such instances, all information indicated in paragraph 1 above shall be submitted to the patient’s representative and shall be considered as information supplied to the patient. The said information shall be communicated to the patient as soon as the risk of causing the said harm to the patient by the notification of such information is eliminated.

Article 6.728. The right not to know

1. The information provided for in paragraph 1 of Article 6.727 of this Code shall not be provided to the patient against his will. The will of the patient must be clearly expressed and attested by his signature.

2. The restrictions on the provision of information to the patient, as provided for in paragraph 1 above, shall not apply where the patient’s reluctance (refusal) to receive information may result in harmful effects upon the patient or other individuals.

Article 6.729. Consent of the patient

1. The patient may not be treated or be provided any other healthcare and/ or nursing against his will, unless otherwise established by legislation. The laws may provide for the cases where a written consent of the patient is required for the provision of healthcare services to the patient.

2. The patient under the age of 16 may not be treated or be provided any other healthcare and/ or nursing against the will of at least one of his parent or his statutory representative, unless the laws provide otherwise. The patient under the age of 16, on condition that his age and the level of development permit a correct appraisal of the condition of his health and proposed course of treatment, may not be treated against his will, unless the laws provide otherwise. The laws may provide for the cases where a written consent of at least one of the parents of the minor or of his statutory representative is required to perform healthcare services to the patient. The doctor shall select the methods of treatment that would most suit the interests of the minor.

3. The modalities of treatment of a mental patient, who is unable to correctly assess the condition of his own health, shall be established by the relevant laws.

Article 6.730. Indication of the patient’s consent in his medical documents

1. The provider of personal healthcare services must include information on all actions undertaken (personal healthcare services), to which the patient has given his consent, into the medical documents of the patient, and the patient or his representative must attest these documents by their signature.

Article 6.731. Co-operation of the patient with the provider of personal healthcare services

The patient shall give to the provider of personal healthcare services all possible information and assistance, which may be reasonably required for the performance of the contract.

Article 6.732. Degree of care

In the pursuit of his activities the provider of personal healthcare services must ensure such a degree of care which may be expected from an honest provider of personal healthcare services. His activities must be based on responsibility stipulated by the relevant laws, other legal acts and professional standards of providers of healthcare services.

Article 6.733. Necessity of patients’ medical documents

Providers of personal healthcare services must keep at their disposal (process and fill in) patients’ medical documents of the established form and type (patient history, other medical documentation), fill in the said documents and store them in accordance with the procedure prescribed by laws.

Article 6.734. Destruction of records in the medical documents

1. The provider of personal healthcare services shall destroy the documents indicated in Article 6.733 of this Code within a period of three months since the destruction is demanded (requested) by the patient, with the exception of derogations established by the relevant laws.

2. Paragraph 1 of this Article shall not apply if a request for destruction concerns the stored documents, which may reasonably be considered as having a certain legal or medicinal value to other individuals rather than the patient, as well as in cases where the destruction of the documents is forbidden by the relevant law.

Article 6.735. The patient’s right of access to the records contained in his medical documents

1. The patient shall, at his request, be provided with all his medical documents, with the exception of the cases when this may be harmful to the patient’s health or even endanger his life. In the said instances, the restrictions on the provision of information shall be noted in the medical documents of the patient.

2. The patient shall have the right to request that copies of his medical documents be made at the expense of the patient. This right of the patient may be restricted only in accordance with the procedure prescribed by laws. The provider of personal healthcare services must explain to the patient the meaning of the records contained in his medical documents. If the request of the patient is based on reasonable grounds, the doctor must rectify, complete, eliminate, clarify and (or) change the inaccurate, not exhaustive or equivocal data, or the data which is not related to the diagnosis, treatment or nursing.

Article 6.736. Provision of information

1. The provider of personal healthcare services may not furnish any other persons with the information on the patient without the latter’s consent and may not give access to copies of the official documentation referred to in Article 6.733 of this Code. If information is nevertheless provided to other persons, it may be provided in so far as this does not cause any harm to the private life of the patient or any other person. Information on the patient must be furnished if the provision of information is prescribed by legislation.

2. Persons directly participating in the performance of the contract for the provision of healthcare services as well as the person who acts as an auxiliary of the person providing healthcare, provided that the information is necessary to the latter to act as an auxiliary, shall not be considered as other persons.

3. This category also excludes those persons the consent of which in performing the contract for the provision of personal healthcare services is required in accordance with Articles 6.729 and 6.744 of this Code. However, where the provider of personal healthcare services, in furnishing information on the patient or giving access to such information or copies of the patient’s documents, may not be considered as complying with the degree of care which is expected from an honest provider of personal healthcare services, the provider of personal healthcare services shall not perform such actions.

Article 6.737. Scientific research

The laws shall regulate the carrying out of research and the provision of information on the patient for the purpose of scientific research.

Article 6.738. Observers

1. The provider of personal healthcare services shall provide healthcare services without the presence of any other person to the exclusion of the patient himself, unless the patient has expressed his consent to the presence of external observers at the time of the provision of healthcare services.

2. Persons, professional assistance of which is required for the provision of healthcare services under the contract, shall not be considered as other persons within the meaning of paragraph 1 above.

Article 6.739. The right to terminate the contract

1. Unless there are important reasons for the termination of the contract for the provision of personal healthcare services (failure to follow the instructions of the provider of healthcare services, failure to pay for the services rendered, etc.), the provider of healthcare services may not terminate this contract.

2. The patient shall have the right to terminate the contract at any time.

Article 6.740. The price of the contract

The contracting authority (the patient) shall pay to the provider of personal healthcare services the agreed price fixed by the contract, except where the provider of personal healthcare services receives remuneration for his work by law or on some other grounds, as prescribed in the contract.

Article 6.741. Healthcare institutions

Where the contractual personal healthcare services are provided in a healthcare institution which is not party to the contract, liability on the part of the healthcare institution shall also arise, which shall be analogous to liability of the party to the contract.

Article 6.742. Prohibition to limit or exclude liability

Liability of the provider of personal healthcare services and, in cases provided for in Article 6.741 of this Code – liability of the healthcare institution, may not be limited or excluded.

Article 6.743. Scope of application

Where personal healthcare services are provided in accordance with the general requirements set for the profession of a medical practitioner or the principles of medical ethics (deontology), i.e. not pursuant to the contract for the provision of personal healthcare services, the rules of this section shall apply in so far as this is compatible with the nature of legal relations.

Article 6.744. Statutory representatives

1. If the patient has not reached the age of sixteen, the obligations of the provider of healthcare services shall be discharged to the parents of the minor or the guardian (curator)of the patient.

2. The rule specified in paragraph 1 above shall also be applicable in cases where the minor, even though of sixteen years of age, may not be treated as being capable of reasonably appraising his interests, to the exclusion of the cases where the patient the ability of which to think reasonably is doubted has reached the age of majority, and the guardianship (curatorship) has been established to the person or the guardian has been appointed to him. In the latter case the obligations shall be discharged to the guardian (curator).

3. Where the adult patient may not be treated as being reasonably capable of appraising his interests, and neither curatorship nor guardianship has been established in respect of such person, all obligations of the provider of personal healthcare services to the patient shall be discharged to the person who is authorised in writing by the patient to act on behalf of the patient. In the absence of the authorised person or on failing by the authorised person to take the necessary actions, the obligations shall be discharged to the patient’s spouse or partner, unless the latter refuse that, or in the absence of the patient’s spouse or partner, the obligations shall be discharged to the patient’s parent or child, unless the latter refuse that.

4. The provider of personal healthcare services shall fulfil his obligations to the patient’s statutory representatives as provided for in paragraphs 1 and 2 of this Article, as well as to persons listed in paragraph 3 above, provided that the fulfilment of such obligations complies with the degree of care that is expected from an honest provider of personal healthcare services.

5. The person established in this section, to which the provider of personal healthcare services must discharge his obligations pursuant to paragraph 2 or 3 of this Article, must act with such care, which is expected from an honest representative. In the discharge of his obligations the person must involve the patient as much as possible.

6. If the patient objects to the provision of healthcare services to him, to which the persons specified in paragraphs 2 and 3 of this Article had already given their consent, such services may be provided only if this is undoubtedly required for the purpose of avoiding serious harm to the patient.

Article 6.745. Emergencies

Where pursuant to Article 6.744 of this Code, instead of the patient’s consent, the consent of the person indicated the said Article is required for the provision of healthcare services, the services may be provided without the consent of such person provided if there is insufficient time to receive the consent of the said person in cases where immediate action is needed to save the life of the patient.

Article 6.746. The use of human tissues and organs

Human tissues and organs taken from an anonymous person during the provision of personal healthcare services may be used in cases and pursuant to the procedure prescribed by laws.

SECTION THREE

PROVISION OF TOURIST SERVICES

Article 6.747. The concept of the contract for the provision of tourist services

1. The contract for the provision of tourist services binds one party to the contract – the trip organizer – to ensure for remuneration the other party – the tourist – a pre–arranged tourist trip, and the tourist undertakes to pay for the services provided.

2. For the purposes of this Section, a pre-arranged tourist trip means the pre-arranged combination of not fewer than two tourist services when sold or offered for sale at an inclusive price (transportation, accommodation services and other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the trip), and when the trip lasts more than twenty-four hours or includes overnight accommodation.

3. For the purpose of this Section the trip organiser means a person who is engaged in the business of tourism in accordance with the procedure and terms prescribed by laws and who, whether directly or through intermediaries (retailers of trips), offers in public tourist services to any person or a certain group of persons.

4. A person acting as an intermediary for the trip organiser who has not established a place of business within the territory of the Republic of Lithuania shall be considered as the trip organiser in respect of the tourist.

5. For the purpose of this Section the consumer means a natural person who concludes a contract for the provision of tourist services (the contractor), or any natural person on whose behalf the contractor purchases the tourist trip and assumes all the rights and obligations under the contract (the other beneficiaries) or any person to whom the contractor or any of the other beneficiaries transfers the right to the trip.

Article 6.748. Provision of information

1. Any descriptive matter concerning the services offered and advertised by the trip organiser (travel brochures or other official information) must not be misleading, be presented in the standard form and contain the elements prescribed by legislation (the itinerary, the services being provided and obligations undertaken, terms and procedure for the currency exchange, border-crossing arrangements, epidemiological state of the places to be visited, preventive measures, vaccination, procedure and terms for the execution of the trip contract, etc.).

2. Before conclusion of the contract for the provision of tourist services the trip organiser must furnish the tourist with exhaustive information the form and content of which are defined by laws (to specify passport and visa requirements, information on health formalities, etc.).

3. Before the start of the journey the trip organizer must provide the tourist with the information the form and content of which are defined by laws (to specify intermediate stops, the place to be occupied by the traveller in a transport vehicle, the information about the trip organizer's representative for contacts, etc.).

Article 6.749. The form and content of the contract

1. The contract for the provision of tourist services shall be concluded in writing.

2. The contract for the provision of tourist services (or the appendix thereto, which shall form an integral part of the contract) shall contain the following elements:

1) particulars of the trip organiser ( the name, address, telephone number, etc);

2) personal details and the place of residence of the tourist;

3) the point, date and time of departure and return; the places or countries to be visited, with the dates of arrival and departure;

4) the tourist services provided during the journey and their description, special preferences of the tourist;

5) the price of the tourist services (the terms of the price revisions and refund), the method of payment and payment schedule, with an indication that the price is inclusive of all the services offered;

6) instances of making alterations in the contract or the cancellation thereof, health insurance formalities and financial guarantees;

7) the contract number and the date of its conclusion, the term for claim.

3. The standard terms of the contract for the provision of tourist services shall be approved in accordance with the procedure prescribed by laws.

Article 6.750. The right of the tourist to waive the contract

1. The tourist shall have the right to waive the contract at any time. The waiver shall enter into force on the day of its statement.

2. If the tourist waives the contract due to the circumstances for which he is responsible, the tourist shall reimburse the trip organiser for the losses incurred as a result of the waiver. In this case, the amount of losses, however, may not exceed the maximum price of one journey.

3. If the tourist waives the contract for the circumstances related to him, which he is unable to control and which he was not able to reasonably predict at the moment of the conclusion of the contract, the trip organiser shall be entitled to claim compensation for the incurred direct losses caused by such waiver, with the exception of the cases when the contract is waived due to the circumstances of force majeure. In the cases specified in this paragraph the amount of direct losses which are subject to compensation may not exceed the price of the trip fixed in the contract.

4. The tourist who has waived the contract due to the circumstances for which the trip organiser or a person, whose assistance is used by the trip organiser, is responsible, or due to the circumstances which are not related to the tourist, which he is not able to control and which he was not able to reasonably predict at the moment of the conclusion of the contract, shall be entitled to claim a refund for the sums paid for the trip or to be with his consent compensated in another way .

Article 6.751. The right of the trip organiser to waive the contract

1. The trip organiser shall have the right to waive the contract only for important reasons and shall forthwith inform the tourist thereof.

2. If the trip organiser waives the contract for whatever cause, other than the fault of the tourist, the trip organiser must offer the tourist a substitute journey of equivalent or higher quality (an alternative journey). If because of the valid reasons it is impossible to offer an alternative journey or the tourist does not accept an offer of the substitute journey, he may claim a refund for the sums paid for the journey that has not occurred.

3. On waiving the contract the trip organiser must compensate the tourist for the material damage and repay the money paid for the journey. Damage shall not be subject to compensation where:

1) the trip organiser waives the contract on the grounds that the number of applications received for such journey was smaller than the minimum number required, and the tourist was informed in writing of the right of the trip organiser to waive the contract on the said grounds within a period specified in the contract;

2) the trip operator waives the contract for reasons of force majeure, except where the contract provides for the organisation of the trip anew in such cases.

Article 6.752. Alteration of the terms of the contact

1. The trip organiser shall be entitled to provide for his contractual right to alter, for important reasons of which the tourist shall be immediately notified, the relevant condition contained in the contract. In this case, the tourist shall have the right to refuse a rider to the contract.

2. In addition to the reservation provided for in paragraph 1 of this Article, the trip organiser may also be entitled to provide for his contractual right to alter, for important reasons of which the tourist shall be immediately informed, a condition of the contract. In this case, the tourist may refuse a rider to the contract only if the alteration made would cause him essential damage.

3. The trip organiser shall be entitled to provide for his contractual right to increase, at least twenty days prior to the departure date, the price of the journey because of the variations in the transportation costs, including the cost of fuel, mandatory taxes or the exchange rates. In this case, the trip organiser must state precisely the reasons for the upward revision of the price and how the revised price has been calculated. The tourist shall have the right to refuse the increase in the price.

4. If the tourist refuses to alter the terms of the contract in the cases provided for in paragraphs 1 – 3 of this Article, the trip organiser shall acquire the right to waive the contract. In this case, the tourist shall be entitled to claim a refund or compensation of the sums paid for the journey, or a proportional share thereof if the journey has already partly taken place. If the trip organiser waives the contract after the tourist refuses to change the terms of the contract in the cases provided for in paragraphs 1 – 2 of this Article, paragraph 3 of Article 6.751 of this Code shall apply accordingly.

Article 6.753. Changing of the parties to the contract

1. The tourist shall have the right to transfer his right to the journey to the third person who will discharge all the terms of the contract.

2. Such transfer shall be executed by contract with the third person, and the tourist must notify in writing the trip organiser thereof. The person transferring his right to the journey and the third person shall bear solidary liability to the trip organiser for paying the price of the journey and bearing the costs of the transfer of the right to the journey.

3. If the trip organiser is unable to perform the contract properly as a result of insolvency or any other reason, he must take steps to ensure that any other person takes over the obligations of the trip organiser. If the tourist has already reached the place of destination the trip organiser must in any case ensure the return of the tourist.

Article 6.754. Performance of the contract and liability for the improper performance thereof

1. The trip organiser must perform the contract having regard to reasonable expectations of the tourist that the latter might have had according to the nature of the contract and the services to be provided.

2. If the contract is not performed in accordance with reasonable expectations of the tourist, the trip organiser must compensate the tourist for the losses incurred. The trip organiser or the person whose assistance is used by the trip organiser shall not be held liable for the improper performance of the contract if:

1) the tourist is at fault (it is the fault of the tourist) for the improper performance of the contract;

2) the third person whose services are not related to the services provided by the trip organiser is responsible for the improper performance of the contract that was not foreseen and could not possibly be foreseen by the trip organiser;

3) the contract is improperly performed as a result of force majeur or any event which was not foreseen and could not possibly be foreseen, with all possible prudence, by the trip organiser or the person whose assistance was used by to the trip organiser.

3. If the performance of the contract falls short of expectations of the tourist, the trip organiser, having regard to the specific circumstances, must give the tourist every help and support. If the reason for the improper performance of the contract lies with the tourist himself, the trip organiser must provide to the tourist such help and support, which might be expected from the trip organiser under the contract on the basis of the criterion of reasonableness. In the latter case the expenses incurred by the trip organiser and related to the provision of such help and support shall be borne by the tourist. If the trip organiser or the person who assists the trip organiser (paragraph 2 of this Article) are liable for the improper performance of the contract, all expenses related to the provision of additional help and support to the tourist shall be borne by the trip organiser.

4. Where it becomes clear on starting the journey that the trip organiser will not be able to perform the main part of the contractual services, the trip organiser must offer the tourist suitable alternative services for the same price and for the period stipulated in the contract, and shall pay to the tourist the difference in the price for the earlier agreed services and the services which have been actually supplied. If the trip organiser is unable to offer the tourist alternative services on reasonable grounds, or if the tourist refuses such a journey for good reasons, the trip organiser must, at no extra cost, ensure the return of the tourist or his taking to any other place to which the tourist has agreed, as well as to pay back to the tourist the money for the services which have not been supplied.

5. If, due to improper performance of the contract for which the trip organiser shall be responsible, sound and reasonable expectations of the tourist are not met as a result of which the tourist is unsatisfied with the journey, the tourist shall also have the right to claim non-material damages. The amount of remunerative non-material damages may not exceed the triple price of the journey.

Article 6.755. Prohibition to exclude or limit civil liability

1. The trip organiser shall have no right to limit or exclude his civil liability for damages arising from the death or health impairment of the tourist. The terms of the contract for the limitation or abolition of the said damages shall be null and void.

2. If the provision of contractual services is related to the existence and application of a certain international agreement of the Republic of Lithuania, the trip organiser may be guided by the terms of limitation or exclusion of civil liability of the person providing certain services, as established or permitted by the international agreement.

3. The trip organiser shall have no right to limit or exclude his civil liability for the damage done to the tourist if the damage was caused on purpose or as a result of gross negligence by the trip organiser.

4. If the damage, with the exception of the damage arising from the death or health impairment of the tourist, is done to the tourist in the provision of a service provided for in the contract, however where such a service is not provided by the trip organiser himself, the liability of the trip organiser may be limited by a triple price of the journey.

CHAPTER XXXVI

MANDATE

Article 6.756. Concept of a contract of mandate

1. Under a contract of mandate, one party (mandatary) shall take an obligation to perform in the name of and at the expense of another party (mandator) determined legal actions in respect of third persons.

2. The powers granted to the mandatary and the written document confirming thereof shall be called a power of attorney.

Article 6.757. Subject matter of a contract of mandate

1. Under a contract of mandate, the mandator may empower the mandatary to perform legal actions related with the defence of the mandator, execute administration of the mandator’s property in total or a part thereof, perform procedural actions on behalf of the mandator in the court and other institutions, as well to as effectuate any other legal actions.

2. The person’s consent to assume the mandate may be expressed explicitly or, taking in regard the concrete circumstances, by silence.

Article 6.758. Remuneration of the mandatary

1. A contract of mandate shall be either by gratuitous title or by onerous title.

2. A contract of mandate entered into by natural persons shall be presumed to be by gratuitous title, except in cases where the action performed by the mandatary on behalf of another person constitutes professional or business activity of the mandatary. In the instances where one or both parties to a contract of mandate are entrepreneurs, the contract shall be presumed to be given by onerous title.

3. In the instances where the contract is onerous, the amount of the mandatary’s remuneration shall be determined by the contract of mandate or laws. In the event where neither the contract nor laws determine the amount of the remuneration, the payment shall be determined taking into consideration usages, market prices, the character and duration of the services rendered, recommendations of the professional association of the persons engaged in rendering relevant services, and other circumstances.

4. The mandatary acting as a commercial representative of the mandator shall have the right to withhold things subject to transfer to the mandator until the latter fully remunerates the mandatary for the services rendered.

Article 6.759. Performance of mandate in accordance with instructions of the mandator

1. The mandatary shall be obliged to fulfil the mandate given to him in accordance with the instructions of the mandator. The instructions of the mandator must be lawful, practical and definite.

2. The mandatary shall have the right to deviate from the instructions of the mandator if under the circumstances of the case this is necessary for the interests of the mandator and the mandatary could not inquire in advance of the mandator, or did not receive any reply to his enquiry within a reasonable period. In this event, the mandatary shall be obliged to inform the mandator about the deviations as soon as it becomes possible.

3. In the instances where the mandatary operates as a commercial representative, the mandator in his interest may grant the mandatary with the right to deviate from the mandate without a preliminary enquiry. In this event, the commercial representative shall be obliged within a reasonable period to inform the mandator about the deviations unless otherwise provided for by the contract.

Article 6.760. Duties of an mandatary

1. A mandatary shall be obliged to fulfil the mandate in good faith and with prudence and diligence in the best interests of the mandator, as well as to avoid any conflict between his personal interests and those of the mandator.

2. A mandatary shall be obliged to fulfil the mandate personally, except in cases where the contract provides for exceptions, as well as where the law permits a substitution of mandatory.

3. During the mandate, the mandatary shall be obliged to furnish the mandator, upon the latter’s request or where the concrete circumstances warrant it without any request, with all the information concerning the course of the performance of mandate.

4. Having fulfilled the mandate, the mandatary shall be obliged without delay to inform the mandator accordingly, submit a report with documents of justification appended, and return the power of attorney unless otherwise provided for by the contract.

5. The mandatary shall be obliged to transfer to the mandator without delay everything received in the performance of the mandate.

6. Where in the instances provided for by the contract, the law or usages, the mandatary takes assistance of third persons for the performance of the mandate, he shall be liable towards the mandator for the actions of those persons, and shall be bound to compensate for any damage caused to the mandator by the actions thereof.

7. In the instances where a mandate is performed by several mandataries, they shall be solidarily liable towards the mandator unless otherwise provided for by the contract.

8. The mandatary shall have no right to use for his own interests the information or property obtained in fulfilling the mandate, except in cases provided for by the law or contract, likewise when the mandator gives his consent to such use. In the instances where the mandatary fails to perform this duty, he shall be obliged to compensate to the mandator for the damages incurred by him in the result, likewise to return everything that is considered to be his unjust enrichment; in the cases where he has unlawfully used a thing or money, he shall be obliged to pay accordingly the payment for lease or the interest on the sums used.

Article 6.761. Duties of a mandator

1. The mandator shall be obliged to cooperate with the mandatary to facilitate the fulfilment of the mandate by the latter.

2. The mandator shall be obliged without delay to accept from the mandatary everything performed by him in accordance with the contract of mandate.

3. Unless otherwise provided for by the contract, the mandator shall be obliged to advance to the mandatary the means necessary for the fulfilment of the mandate, compensate to the mandatary for any expenses which were necessary for due fulfilment of the mandate and, in case of necessity, to issue advance payment needed to cover expenses related with the fulfilment of the mandate.

4. Upon the due fulfilment of the mandate by the mandatary, the mandator shall be obliged to pay remuneration to the former if the contract is onerous.

5. The mandator shall be obliged to compensate the mandatary for any damage incurred in the fulfilment of the mandate in the events where there is no fault of the mandatary in his actions, and other persons liable for the damage are not bound to compensate for it.

Article 6.762. Substitution

The mandatary shall have the right to appoint another person in the fulfilment of the mandate (substitution) exclusively in the cases and under the procedure established in Article 2.145 of this Code.

Article 6.763. Termination of a contract of mandate

1. In addition to the grounds common to the extinction of obligations, a contract of mandate shall be terminated as a consequence of:

1) revocation of the power of attorney by the mandator;

2) renunciation of the power of attorney by the mandatary (Article 2.146 of this Code);

3) expiry of the time limit of the power of attorney;

4) death of a party to the contract;

5) liquidation of one of the parties to the contract of mandate;

6) initiation of bankruptcy proceedings against one of the parties;

7) one of the parties is acknowledged incapable, of limited capacity or missing.

2. In the instances where the mandator appoints a new mandatary for the performance of the same actions, the contract of mandate shall be considered terminated from the moment when the first mandatary is notified about the appointment of a new mandatary.

3. In the instances where the mandator due to his health or other serious reasons is unable to revoke the power of attorney on his own, any interested person or a public prosecutor shall have the right to apply to the court for the revocation of the power of attorney in the instances where it is necessary for the interest of the mandator, or the public interest.

Article 6.764. Legal effects of the termination of a contract of mandate

1. If a contract of mandate is terminated by the mandator before the mandate is fulfilled in full, he shall be obliged to compensate all the expenses incurred by the mandatary in the performance of the mandate and also pay remuneration commensurate to the work performed, except in cases where the contract was terminated due to serious reasons, or the mandatary continued to perform the mandate after he learned or should have learned about the termination of the contract.

2. The mandatary shall be liable for the damage incurred by the mandator in the result of renunciation of the contract by the mandatary submitted without serious reasons or at inopportune time.

3. In the instances of commercial representation, the special rules provided for in Articles from 2.152 to 2.168 of this Code shall apply.

4. Upon the termination of a contract of mandate, the mandatary shall be obliged to submit an account to the mandator and return everything he has received in the performance of his duties, also to perform all the actions which are a necessary consequence of his activity in order to avoid occurrence of damages to the mandator.

Article 6.765. Duties of the heirs of a mandatary and a liquidator

1. In the event of death of a mandatary, his heirs shall be obliged to notify the mandator about the termination of the contract and take the measures necessary in order to protect the property or documents of the mandator with subsequent transference of such property and documents to the mandator.

2. The same duties as indicated in the preceding Paragraph shall rest upon the liquidator of a legal person which is a mandatary.

3. Provisions established in Paragraphs 1 and 2 of this Article shall also apply in respect of the guardian of a mandatary acknowledged incapable, or in respect of the administrator of a mandatary against whom bankruptcy proceedings have been started.

CHAPTER XXXVII

FRANCHISE

Article 6.766. Concept of a contract of franchise

1. Under a contract of franchise, one party (franchiser) shall take an obligation to grant to the other party (franchisee) for remuneration for a certain period or without specifying the period the right to use in the business activity of the franchisee a complex of exclusive rights which belong to the franchiser (right to the firm name, right to the trade or service mark, right to protected commercial (industrial) information, etc.), while the other party shall be obliged to pay for that the remuneration determined in the contract.

2. A contract of franchise shall provide for the use of a complex of exclusive rights, business reputation and commercial experience of the franchiser to a determined extent (by establishing the minimum and maximum amount of use, or any other form). A contract of franchise may also determine the territory of use applicable to such exclusive rights, business reputation or commercial experience, or the commercial activity within which that will be used (sale of goods, rendering of services, etc.).

3. Only enterprises (entrepreneurs) may be parties to a contract of franchise.

Article 6.767. Form of a contract of franchise

1. A contract of franchise must be concluded in written form. The failure to comply with the requirement of the written form shall render a contract of franchise null and void.

2. A contract of franchise may be invoked against third persons only if the fact of forming a contract of franchise is registered in the Register of Enterprises in which the franchiser was registered. If the franchiser was registered in a foreign state, the fact of forming a contract of franchise must be registered in the same register of legal persons where the franchiser was registered.

3. Where the subject matter of a contract of franchise is an object protected in accordance with patent legislation, the fact of forming a contract of franchise must be registered in accordance with the procedure established by laws in the relevant institution effectuating registration of objects of industrial property rights and the rights thereto.

Article 6.768. Contract of sub-franchise

1. A contract of franchise may provide for the right of the franchisee to permit other persons to use the complex of exclusive rights granted to him, or a part of this complex on conditions of sub-franchise. The conditions of the contract of sub-franchise shall have to be indicated in advance in the contract of franchise or agreed later with the franchiser. A contract of franchise may also establish a duty of the franchisee after the contract has been concluded to grant other persons the right to use within a determined period the said rights on conditions of sub-franchise.

2. A contract of sub-franchise may not be concluded for a longer period than the contract of franchise.

3. If a contract of franchise is null and void, a contract of sub-franchise concluded on the basis thereof shall also be null and void.

4. In the event of the dissolution of a fixed-term contract of franchise before the time, the rights and duties of the sub-franchisee under the contract of sub-franchise shall pass to the franchiser if he agrees to accept the rights and duties under the contract of sub-franchise, except in cases when it is otherwise provided for by the contract of franchise. The same rules shall also apply in the event of the dissolution of a contract of franchise of indeterminate term.

5. Unless otherwise provided for by the contract of franchise, the franchisee shall bear subsidiary liability towards the franchiser for the actions committed by the sub-franchisees.

6. The provisions of this Chapter shall be applicable in respect of a contract of sub-franchise unless it arises otherwise from the peculiarities of the sub-franchise.

Article 6.769. Remuneration under a contract of franchise

1. The franchisee shall be obliged to pay to the franchiser the remuneration determined in the contract of franchise.

2. Remuneration may be determined in the form of a fixed lump sum and/or payable in instalments, deductions being made from the receipts of the franchisee or calculated in any other way specified in the contract.

Article 6.770. Duties of the franchiser

1. The franchiser shall be obliged to:

1) transfer to the franchisee technical and commercial documentation and submit other information necessary to the franchisee in order to implement the rights granted to him under the contract of franchise, likewise train the franchisee and his employees with regard to the questions related with the implementation of the transferred rights;

2) issue to the franchisee licences provided for by the contract and ensure their formalisation in accordance with the established procedure.

2. Unless otherwise provided for by the contract of franchise, the franchiser shall be obliged to:

1) ensure the registration of the contract of franchise;

2) render to the franchisee permanent technical and consultative assistance and assistance in training of the franchisee’s employees;

3) execute control of the quality of goods produced by the franchisee, work performed or services rendered by him under the contract of franchise.

Article 6.771. Duties of the franchisee

Taking into account the character and peculiarities of the activity performed, as well as the conditions of the contract of franchise, the franchisee shall be obliged to:

1) in the manner specified in the contract of franchise, use in his activity the firm name, trade and service mark of the franchiser;

2) ensure the quality of the goods produced, work performed or services rendered under the contract of franchise;

3) comply with the directions and instructions of the franchiser in respect of the use of the rights, external and internal designing of the business premises of franchisee, as well as to any other conditions of activity specified in the contract of franchise;

4) render to purchasers (customers) any additional services which they could reasonably expect in acquiring (ordering) goods (work, services) directly from the franchiser;

5) not divulge to other persons any commercial (industrial) secrets or any other confidential information received from the franchiser;

6) conclude a contract of sub-franchise in the event of such duty thereof being provided for in the contract of franchise;

7) inform purchasers (customers) by the most obvious means for them that the franchisee is acting under a contract of franchise and is using the firm name, trade and service mark of the franchiser or any other symbols of individualisation thereof.

Article 6.772. Limitation of rights of the parties

1. Parties to a contract of franchise may provide for only such conditions for limiting competition which are not prohibited by the competition law.

2. In the event where the requirement set forth in the preceding Paragraph is satisfied, the contract of franchise may establish the following limitations of the rights of the parties:

1) obligation of the franchiser not to grant to other persons analogous complexes of exclusive rights for the use thereof on the territory consolidated for the franchisee, or refrain from own analogous activity on the same territory;

2) obligation of the franchisee not to compete with the franchiser on the territory specified in the contract in the business activity carried out by the franchisee with the use of the exclusive rights granted to him;

3) prohibition to the franchisee to receive under a contract of franchise analogous exclusive rights from competitors (potential competitors) of the franchiser;

4) obligation of the franchisee to agree with the franchiser the location of the business premises determined in the contract, as well as the external and internal designing thereof.

3. Conditions of a contract of franchise limiting the rights of the parties thereto may be acknowledged null and void upon the grounds and in accordance with the procedure established by the law regulating competition if these conditions limit competition.

4. Conditions of a contract of franchise prohibited by the Competition law shall be invalid, in particular such conditions by virtue of which:

1) the franchiser shall have the right to determine the prices, or their lower limit, of the goods produced or work fulfilled, or services rendered by the franchisee;

2) the franchisee shall have the right to sell goods, fulfil work or render services exclusively to a certain category of purchasers (customers) or exclusively to purchasers (customers) residing on the territory determined in the contract of franchise.

Article 6.773. Liability of the franchiser in relation to claims brought to the franchisee

1. The franchiser shall be subsidiary liable for claims brought to the franchisee concerning the failure of the goods (work, services) sold by the franchisee under the contract of franchise to conform to quality.

2. With regard to claims brought to the franchisee as the manufacturer of the goods (products), the franchiser shall be solidarily liable with the franchisee.

Article 6.774. Right of a franchisee to conclude a contract of franchise for a new term

1. The franchisee who has duly performed his duties under a contract of franchise shall have the right upon the expiry of the term of the contract of franchise to conclude a new contract for a new term on the same conditions.

2. The franchiser shall have the right to refuse formation of a contract of franchise for a new term on condition that within three years from the date of expiry of the contract term he shall not conclude an analogous contract of franchise with other persons which would extend over the same territory on which the terminated contract operated. If before the expiry of the three-year time limit the franchiser wishes to grant the same exclusive rights to other persons, he shall be obliged to propose formation of a new contract to the franchisee or compensate the damages incurred by him. When concluding a new contract, the conditions thereof may not be more onerous for the franchisee than the conditions of the previous contract.

Article 6.775. Change of the conditions of a contract of franchise

A contract of franchise may be modified by the agreement of the parties upon general grounds. The fact of amendment of the contract may be invoked against third persons only if this fact has been registered in accordance with the procedure established in Paragraph 2 of Article 6.767 of this Code.

Article 6.776. Termination of a contract of franchise

1. Each party to a contract of franchise concluded for indeterminate term shall have the right at any time to repudiate the contract having notified the other party thereof six months in advance unless a more extended period has been established in the contract.

2. The dissolution of a contract of franchise shall be subject to registration in accordance with the procedure established in Paragraph 2 of Article 6.767 of this Code.

3. In the event where the franchiser is deprived of the right to the firm name or a trade (service) mark without a replacement thereof by a new analogous right, the contract of franchise shall terminate.

4. In the event of bankruptcy proceedings being started against the franchiser or the franchisee, the contract of franchise shall terminate.

Article 6.777. Substitution of parties

1. If one or more of the exclusive rights which are the subject matter of a contract of franchise pass to another person, the contract of franchise shall remain valid. The new franchisee shall become a party to the contract of franchise in that part of the rights and duties which is related to the exclusive rights transferred thereto.

2. In the event of the death of the franchiser or the franchisee, their rights and duties under the contract of franchise shall pass to the heir on condition that he is an entrepreneur and continues the business or starts the business within six months from the date of opening the inheritance. Otherwise, the contract of franchise shall terminate. The effectuation of the rights and performance of the duties of the deceased under the contract of franchise before the acceptance of these rights and duties by the heir shall be executed by the property administrator appointed by the court.

Article 6.778. Effects of change of the firm name and trade (service) mark of the franchiser

In the event of a change of the franchiser’s firm name or trade (service) mark which are the subject matter of the contract of franchise, the contract of franchise shall be valid in respect to the new firm name or trade (service) mark unless the franchisee demands termination of the contract and compensation of damages. In the event of the continuation of the validity of the contract, the franchisee shall have the right to require commensurate reduction of the remuneration unless otherwise provided for in the contract.

Article 6.779. Effects of the termination of exclusive right

1. In the event of the expiry of the time-limit of operation of the exclusive right which is subject matter of a contract of franchise, or this right has terminated upon any other grounds, the contract of franchise shall continue to be valid, except for the conditions relating to the terminated right, while the franchisee shall have the right unless otherwise provided for in the contract, to require commensurate reduction of the remuneration due to the franchiser.

2. In the event of termination of any of the exclusive rights, the fact of concluding a contract of franchise shall be subject to re-registration unless the franchiser demands termination of the contract and compensation of damages.

CHAPTER XXXVIII

COMMISSION

Article 6.780. Concept of a contract of commission

1. Under a contract of commission, one party (commission agent) shall be obliged to conclude upon mandate of another party (committent) for remuneration one or several transactions in his own name but at the expense of the committent.

2. A commission agent shall acquire the rights and duties in respect of the transaction concluded by the commission agent with a third person, even though the committent was also named to the third person or entered into direct relations with the third person in regard to the performance of the transaction.

3. A contract of commission may be concluded for a fixed or indeterminate term.

4. A contract of commission may be concluded with or without specifying the territory of the performance thereof, likewise with or without a duty of the committent not to grant to third persons the right to conclude a contract in his interests and at his expense, the conclusion of which has been entrusted to the commission agent.

5. A contract of commission may or may not specify the things that are the subject matter of the contract.

6. The peculiarities of separate types of a contract of commission may be determined by laws.

7. In the instances where parties to a contract of commission are enterprises (entrepreneurs), the contract of commission may only provide for such conditions to limit competition which are not prohibited by the Competition law.

Article 6.781. Remuneration for commission

1. The committent shall be obliged to pay remuneration to the commission agent. In the event where the commission agent acted as surety for the performance of the transaction by a third person, also to pay additional remuneration to the commission agent in the amount established in the contract. If the amount of the remuneration for commission or the additional remuneration is not established in the contract, it shall be determined in accordance with the provisions of Article 6.198 of this Code.

2. In the event of failure to perform a contract of commission due to reasons responsibility for which falls upon the committent, the commission agent shall retain his right to remuneration for the commission as well as compensation for the expenses incurred.

Article 6.782. Performance of a contract of commission

1. A commission agent shall be obliged to perform the commission mandate assumed on the conditions most advantageous to the committent in accordance with the instructions of the committent, and in the absence of such instructions, in accordance with the usages of business practices and requirements.

2. In the instances where the commission agent concluded a transaction on conditions more advantageous than those specified by the committent, the additional advantage derived from the transaction shall be enjoyed by the commission agent unless otherwise provided for by the contract.

Article 6.783. Liability for failure to perform transaction

1. The commission agent shall not be liable towards the committent for the failure of a third person to perform a transaction concluded with him at the expense of the committent, except in cases when the commission agent acted as surety for the performance of the transaction by the third person, or failed to display the necessary caution in the selection of the third person as a party to the transaction.

2. In the event of the failure of a third person to perform a transaction concluded with the commission agent, the latter shall be obliged to immediately inform the committent thereof, collect the necessary evidence, and at the demand of the committent assign the right of claim to him in respect of that transaction.

3. In the instances provided for in Paragraph 2 of this Article, the commission agent may assign the right of claim to the committent irrespective of any prohibition or limitation of such assignment in the transaction between the commission agent and the third person. Nevertheless, assignment of the right of claim in such cases shall not relieve the commission agent from liability against the third person for the violation of the agreement prohibiting or limiting the assignment of the right of claim.

Article 6.784. Sub-commission

1. Unless otherwise provided for by the contract of commission, the commission agent shall have the right for the purpose of performing the contract of commission, to conclude a contract of sub-commission with another person. Nevertheless, even in such instances the commission agent shall remain liable towards the committent for the actions of the sub-commission agent.

2. Under a contract of sub-commission, the commission agent shall acquire the rights and duties of a committent with respect to the sub-commission agent.

3. Upon the termination of a contract of sub-commission, the committent shall have no right without the consent of the commission agent to enter into direct relations with the sub-commission agent unless otherwise provided for by the contract.

Article 6.785. Deviation from the instructions of the committent

1. The commission agent shall have the right to deviate from the instructions of the committent in the circumstances where this is necessary for the interests of the committent, and where the commission agent could not acquire in advance the approval of the committent, or did not receive any reply within a reasonable time after his enquiry was sent. In this event, the commission agent shall be obliged to inform the committent about the deviations as soon as it becomes possible.

2. In the instances where the commission agent operates as an enterprise (entrepreneur), the committent may grant the commission agent with the right to deviate from his instructions without a preliminary enquiry. In this event, the commission agent shall be obliged within a reasonable period to inform the committent about the deviations unless otherwise provided for by the contract.

3. A commission agent who has sold a thing at a price lower than agreed with the committent shall be obliged to compensate to the latter for the difference in prices unless he proves that he had no possibility to sell the thing at the agreed price and the sale at a lower price enabled the committent to avoid even greater losses. In the instances where the commission agent was obliged to acquire the committent’s permission in advance to sell a thing at a lower price, he shall also be obliged to prove that he had no possibility to acquire such permission.

4. If a commission agent has purchased a thing at a higher price than agreed with the committent, the latter, not wishing to accept such purchase, shall be obliged to notify about this the commission agent within a reasonable time upon receipt of the notice about the conclusion of a transaction with a third person. Otherwise, it shall be deemed that the committent has accepted the performance of the obligation. If the commission agent informs that he accepts the difference in prices at his own expense, the committent shall have no right to repudiate the concluded contract.

Article 6.786. Right of ownership of the committent

1. Things received by the commission agent from the committent or acquired at the expense of the latter shall be the ownership of the committent from the moment of the transfer.

2. The commission agent shall have the right of retention in respect of the things which are situated with him and which are subject to transfer to the committent or to the person indicated by the latter if the committent fails to perform his obligations in respect of the commission agent.

3. In the event where the committent is declared insolvent (bankruptcy proceedings have been started against him), the commission agent shall lose the right of retention and acquire the right of pledge in respect of the thing concerned, while his claims for the amount of the thing retained shall be satisfied together with the claims secured by the pledge.

Article 6.787. Satisfaction of claims of the commission agent from the amounts due to the committent

A commission agent shall have the right in accordance with the contract of commission to deduct the amounts due to him from all the amounts received by him on the account of the committent. Nevertheless, the creditors of the committent who enjoy preference with respect to priority of satisfaction of their claims to the commission agent shall not be deprived of their right to satisfy their claims from the amounts deducted by the commission agent.

Article 6.788. Liability of the commission agent for the loss, shortage or damaging of a thing belonging to the committent

1. The commission agent shall be liable towards the committent for the loss, shortage or damaging of a thing belonging to the committent and situated with him unless he proves that this happened not through his fault.

2. If the commission agent, in accepting a thing transferred by the committent or received by the commission agent for the committent, notices damage or shortage thereof which is evident from external inspection, likewise if damage has been caused by somebody to the committent’s thing situated with the commission agent, the commission agent shall be obliged to take measures to protect the rights of the committent, gather the necessary evidence and immediately notify the committent.

3. A commission agent who has not insured a thing of the committent situated with him, shall be liable towards the committent exclusively in the cases where the latter has obligated him to insure the property at the expense of the committent, or if the commission agent was obliged to insure the thing pursuant to the contract of commission or the law.

Article 6.789. Report of a commission agent

1. Upon the performance of the commission, the commission agent shall be obliged to submit a report to the committent and transfer to him everything he received under the commission, likewise to transfer upon the demand of the committent all the rights acquired by the committent in respect of a third person arising from the transaction concluded by the commission agent.

2. In the instances where the committent has objections with regard to the report, he must inform the commission agent accordingly within three months from the date of receipt of the report. Otherwise, the report shall be considered to be accepted unless there is another agreement.

Article 6.790. Duty of the committent to accept performance of commission

The committent shall be obliged to:

1) accept from the commission agent everything received under the commission;

2) inspect the thing acquired for him by the commission agent and notify the latter without delay about any defects discovered in the thing;

3) relieve the commission agent from the commitments assumed by him to a third person in the performance of the commission.

Article 6.791. Compensation of expenses incurred in the performance of a contract of commission

1. The committent shall be obliged, in addition to the commission payment and in relevant instances, also additional payment for the suretyship assumed (del credere), to compensate the commission agent for the necessary expenses incurred by him in the performance of the commission unless otherwise provided for by the agreement between the parties.

2. The commission agent shall have no right to demand compensation for the deposit of a thing of the committent situated with him unless otherwise provided for by the law or the contract.

Article 6.792. Termination of a contract of commission

1. A contract of commission shall terminate as a consequence of:

1) refusal of the committent to perform the contract of commission;

2) refusal of the commission agent to perform the contract of commission in the cases provided for by the law or contract;

3) death of the commission agent, acknowledgement thereof to be incapable, of limited capacity or to be missing, liquidation thereof or declared insolvent (initiation of bankruptcy proceedings).

2. In the event where bankruptcy proceedings are initiated against the commission agent, all the rights and duties with regard to a transaction concluded by him under the instructions of the committent, shall pass to the committent.

Article 6.793. Revocation of commission

1. The committent shall have the right at any time to refuse performance of the contract of commission by revoking the commission given to the commission agent. In this event, the commission agent shall have the right to demand compensation for the expenses caused by the revocation of the commission.

2. In the instances where the contract of commission was concluded for an indeterminate term, the committent must inform the commission agent about the termination not later than thirty days in advance unless the contract of commission provides for a more extended period. In such cases, the committent shall be obliged to remunerate the commission agent for the transactions concluded by him before the revocation of the commission and compensate the commission agent for the damages suffered.

3. Having revoked the commission, the committent shall be obliged within the period established in the contract, or immediately if such period has not been established, instruct the commission agent of how to dispose of the committent’s thing situated with him. In the event of the committent failing to perform this duty, the commission agent shall have the right to hand over the thing for deposit at the expense of the committent or sell it at a most advantageous price for the committent.

Article 6.794. Refusal of the commission agent to perform commission

1. Unless otherwise provided for by the contract, the commission agent shall have no right to refuse performance of the commission assumed, except in cases where the refusal is caused by the impossibility to perform the commission or the committent has violated the contract of commission.

2. In the instances where the commission agent has the right to refuse commission, he shall be obliged to inform the committent in writing about his refusal. The contract of commission shall continue to be valid for two weeks from the date when the committent received the notification of the commission agent about the refusal of the commission.

3. In the instances where the commission agent refuses performance of the commission assumed on the grounds that the committent has violated the contract of commission, he shall have the right to compensation of the expenses incurred and the remuneration for the commission.

4. Having refused performance of the contract, the commission agent shall be obliged to take measures necessary for the protection of the committent’s thing.

Article 6.795. Instructions in respect of property in the event of refusal by the commission agent to perform commission or upon revocation of the commission by the committent

1. The committent, having received the notification of the commission agent about the latter’s refusal to perform commission, shall be obliged within one month from the date of receipt of the notification to issue instructions concerning his property situated with the commission agent.

2. If the committent fails to issue instruction in regard of his thing situated with the commission agent within the established period, the commission agent shall have the right to hand over the thing for deposit at the expense of the committent or, with the purpose to satisfy his claims related with the committent, to sell this thing at a most advantageous price for the committent.

CHAPTER XXXIX

DISTRIBUTION

Article 6.796. Concept of a contract of distribution

1. Under a contract of distribution, one party – distributor – shall take an obligation within a fixed period or with no term being determined, to purchase in his name and at his expense from the other party – producer (supplier) – goods (services) and sell them to the final consumer or to other distributors, as well as to perform other work related with the reselling of goods (services) while the producer (supplier) shall undertake the obligation to sell goods (services) to the distributor, as well as to perform other work related with the distribution of goods (services).

2. Only enterprises (entrepreneurs) may be parties to a contract of distribution.

Article 6.797. Duration of a contract of distribution

A contract of distribution may be concluded for a fixed or an indeterminate term.

Article 6.798. Form of a contract of distribution

A contract of distribution must be concluded in written form. Failure to comply with this requirement shall render the contract null and void.

Article 6.799. Distributor

A distributor is an independent enterprise (entrepreneur) which purchases in its/his name and at its/his expense goods from a producer or other distributor and sells them to the final consumer or other distributors.

Article 6.800. Types of contract of distribution

1. Contracts of distribution may be exclusive and selective.

2. Under an exclusive contract, the producer (supplier) shall take an obligation to sell the goods indicated in the contract as intended for resale only to one distributor in a concrete territory exclusively attributed to the distributor, or to a concrete group of consumers exclusively attributed to the distributor.

3. Under a contract of selective distribution, the producer (supplier) shall take an obligation to sell the goods intended for resale only to certain distributors who conform to the technical, qualification or any other criteria determined by the producer (supplier).

Article 6.801. Limitation of rights of the parties

1. Parties to a contract of distribution may provide for only such conditions for limiting competition which are not prohibited by the Competition law. Supervision of such conditions shall be executed by a relevant authority pursuant to the procedure established by laws. The Competition law may establish additional requirements for the validity of such conditions (registration, etc.).

2. In the instances where all the conditions established in the preceding Paragraph are complied with, the parties shall be able to determine in an exclusive contract of distribution:

1) a condition preventing the distributor from producing or distributing goods that compete with the goods indicated in the contract;

2) a condition obligating the distributor to buy the goods indicated in the contract only from the producer (supplier);

3) a condition preventing the distributor from searching for customers and establishing branches and representative offices in any other territory than indicated in the contract.

3. The parties shall have no right to determine in the contract of distribution the price of resale of the goods, or any other exclusive conditions contrary to the requirements of the Competition law.

Article 6.802. Rights and duties of a distributor

1. The parties may establish in the contract that the distributor who duly performs the contract shall be entitled to additional remuneration for the additional services supplied or the work performed in the interests of the producer (supplier).

2. The parties may also establish the maximum level of the distributor’s profit derived from the resale of the goods unless otherwise provided for by the Competition law.

3. Unless otherwise provided for by the contract and the Competition law, the distributor shall be obliged to:

1) sell the goods only in the territory or to persons indicated in the contract;

2) ensure effective distribution of goods;

3) organise the advertising and advertising campaigns for the goods of the producer (supplier);

4) ensure adequate qualification of his employees and their training;

5) ensure adequate preservation and warehousing of goods, continuous replenishing of the stocks, establish and maintain a network of trade warehouses;

6) sell the goods under the trademark of the producer (supplier) or in the special packing or marking of the producer (supplier);

7) avoid establishing branches and representative offices in any other territory than determined in the contract;

8) buy the goods in certain batches or a certain minimum amount within the period established in the contract;

9) sell the goods within a certain period established in the contract;

10) provide technical service to the goods after their sale or provide the buyers of those goods with any other guarantee or servicing;

11) furnish the producer (supplier) with information about the market conditions, its changes and carry out market research;

12) avoid producing goods which compete with the goods established in the contract;

13) avoid revealing commercial secrets or any other confidential information of the producer (supplier);

14) upon the termination of the contract, return to the producer (supplier) all the documents, materials, trade samples, etc. received from him.

Article 6.803. Rights and duties of the producer (supplier)

1. The producer (supplier) shall have the right to control the warehouses and any other premises of the distributor where the goods bought from the producer (supplier) are kept or sold, as well as control the compliance with other conditions of the contract;

2. Unless otherwise provided for by the contract, the producer (supplier) shall be obliged to:

1) sell the goods of proper quality and guarantee their quality, sell the goods within the time periods and amounts established in the contract;

2) sell the goods agreed upon only to the distributor and avoid selling goods directly to the consumer;

3) train the employees of the distributor;

4) supply the distributor with advertising material;

5) pay the distributor remuneration established in the contract for additional services supplied by the distributor.

Article 6.804. Dissolution of a contract of distribution

1. Each party to an indeterminate contract shall have the right at any time to terminate it having notified the other party thereof not later than three months in advance before the intended termination of the contract unless a more extended period for notice has been established in the contract.

2. Upon termination of a fixed-term contract before its expiry, the distributor shall have the right to demand remuneration of the income he did not receive for the remaining period of the validity of the contract in the event where the contract was dissolved due to the fault of the producer (supplier). In the instances where the contract is dissolved due to the fault of the producer (supplier), the distributor shall also have the right to demand remuneration for additional services unless otherwise provided for by the contract.

3. In the instances where the contract is dissolved due to the fault of the distributor, the producer (supplier) shall have the right to claim compensation of damages unless otherwise provided for by the contract.

Article 6.805. Renewal of a contract

In the instances where after the expiry of a fixed-term contract of distribution the parties continue performance thereof, the contract shall be deemed renewed under the same conditions for the same period of operation.

Article 6.806. Liability of parties to a contract of distribution towards third persons

1. For the damage inflicted to third persons the distributor and producer (supplier) shall be liable upon general grounds.

2. For the damage caused to the consumer by goods or services of inferior quality, liability of the distributor and producer (supplier) shall arise in accordance with the rules established in Articles from 6.292 to 6.300 of this Code.

3. Clauses of the contract of distribution by which the producer (supplier) is relieved from liability for damage caused to consumers by goods produced (services supplied) shall be null and void.

CHAPTER XL

CARRIAGE

Article 6.807. General provisions of carriage

1. The carriage of goods, passengers and luggage is subject to the contract of carriage.

2. Carriage conditions shall be laid down by this Code, codes of individual modes of transport, other laws, international agreements to which the Republic of Lithuania is a party as well as other transport legislation.

Article 6.808. Contract for the carriage of goods

1. The contract for the carriage of goods is a contract whereby the carrier undertakes to carry the goods handed over to him by the consignor to the point of destination and to hand them over to the person entitled to receive such goods (the receiver), while the consignor (the receiver) undertakes to pay a specific charge for the carriage of the goods.

2. The contract of carriage shall be confirmed by the making out of a bill of lading or another appropriate document.

Article 6.809. Contract for the carriage of passengers

1. The contract for the carriage of passengers is a contract whereby the carrier undertakes to carry the passengers to the point of destination and, where passengers hand over their luggage to him, − to carry the luggage to the point of destination and hand it over to the person entitled to receive such luggage; the passengers undertake to pay a specific charge for the carriage and, where appropriate, for the carriage of their luggage.

2. The contract for the carriage of passengers shall be confirmed by the making out of a ticket; the handing over of luggage shall be confirmed by a luggage ticket or any other document provided for by transport legislation.

Article 6.810. Charter-party

1. A charter-party (charter) is a contract whereby one party (the owner) undertakes to provide to the other party (the charterer), in return for consideration, a means of transport (means of transport) or some part thereof for the carriage of goods, passengers or luggage.

2. The procedure and conditions for the conclusion of a charter-party shall be laid down by codes of individual modes of transport and other laws.

Article 6.811. Direct combined transport

1. Relationships between transport undertakings in relation to the carriage of goods, passengers or luggage by different modes of transport under a single document of carriage (direct combined transport) as well as organisation of such transport operations shall be regulated by agreements concluded between appropriate transport organisations.

2. Where one carrier entrusts another carrier with the performance of all or part of his obligations, the latter shall be also deemed to be party to the contract of carriage. The consignor (the receiver) shall be deemed to have discharged his obligations by payment to one of the carriers.

Article 6.812. Public transport services

1. A legal person (an entrepreneur) engaged in the provision of transport services shall be deemed to be providing public transport services if, subject to the law or an authorisation (a licence), he is obliged to provide regular scheduled freight or passenger services at the request of any individual.

2. The contract for the provision of public transport services shall be a public contract.

3. Public transport undertakings must provide transport services to any individual with the exception of cases provided for by the law when they are entitled to refuse to enter into contracts of carriage.

4. Passengers, as well as consignors and receivers of goods must conform with the rules governing the activities of public transport undertakings.

Article 6.813. Carriage charges

1. The carriage of goods, passengers and luggage shall be subject to a charge to be determined by mutual agreement of the parties, unless otherwise provided for by the law.

2. The charge for the carriage of goods, passengers and luggage by public transport shall be established on the basis of tariffs adopted subject to the procedure laid down by laws.

3. Any operations or services provided for by the carrier at the request of the consignor of goods shall be remunerated by mutual agreement of the parties, unless such operations and services are subject to established tariffs.

4. The carrier shall be entitled to retain goods and luggage entrusted with him until carriage charges and other amounts due to him have been paid, unless otherwise provided for by the law or the contract of carriage.

5. If, in cases provided for by the law, charges for the carriage of certain categories of passengers, goods or luggage are subject to preferential arrangements, the carriers shall be compensated the costs incurred by them to this effect in accordance with the procedure established by laws.

Article 6.814. Provision of means of transport

1. Means of transport to be provided by the carrier to the consignor must be in appropriate order and provided within the time limits stipulated in the consignor’s order, the contract of carriage or the contract for the organisation of carriage.

2. The consignor shall be entitled to refuse the means of transport provided to him if they are not suitable for the carriage of certain goods.

Article 6.815. Loading (unloading) of goods

1. Loading (unloading) operations shall be undertaken by the carrier or the consignor (the receiver) subject to the procedure provided for by the contract of carriage and in accordance with the rules established in the codes of appropriate modes of transport or other legal acts.

2. Where the consignor (the receiver) is in charge of loading (unloading) operations by his own efforts and means, he must do this within the time limit prescribed by the contract of carriage, the law or other legal acts.

Article 6.816. Time limits for the delivery of goods, passengers and luggage

The carrier must deliver goods, passengers or luggage to the point of destination within the time limits prescribed by the contract, the law or other legal acts, and where such time limits are not prescribed – within reasonable time limits.

Article 6.817. Liability for the breach of the contract of carriage

1. The parties shall be liable for the failure to carry out or inadequate carrying out of the contract of carriage subject to the grounds and procedures laid down in the contract of carriage, this Code, as well as in the codes of individual modes of transport and other laws.

3. The terms of the contract of carriage that exclude or limit the carrier’s civil liability shall be null and void save to the exceptions laid down by the law.

Article 6.818. Liability for the failure to provide or to use the means of transport

1. The carrier shall be liable for the failure to provide the means of transport and the consignor shall be liable for the failure to supply the goods or the failure to use the means of transport provided to him subject to the grounds and procedures laid down by the contract of carriage or laws.

2. The carrier and the consignor shall be exempt from the liability for the failure to provide the means of transport or the failure to use them if this is due to:

1)

force majeure;

2)

termination or restriction of the carriage of goods on certain routes subject to procedures laid down by transport legislation;

3)

other cases provided for by the codes of individual modes of transport or other laws.

Article 6.819. The carrier’s liability for the delay of the means of transport

1. Where a means of transport used for the carriage of passengers fails to commence its journey on the specified time or where it is delayed and does not reach the point of destination on the specified time (with the exception of means of transport engaged in urban and suburban services), the carrier shall pay to the passenger a penalty laid down by transport legislation, unless the carrier proves that this was due to cases of force majeure, an attempt to eliminate a breakdown of the means of transport which posed a risk to the health or lives of passengers or due to other circumstances beyond the carrier’s control.

2. Where due to the delay of the means of transport the passenger refuses to be bound by the contract of carriage, the carrier must reimburse the passenger for the carriage charge that the latter has paid.

Article 6.820. The carrier’s liability for the failure to preserve the goods or luggage

1. The carrier shall be liable for the failure to preserve (loss, shortage, damage) the goods or luggage from the time he accepts the goods or luggage until the delivery thereof to the consignee or any other authorised person, unless the carrier proves that the total or partial loss or damaged of the goods or luggage was due to circumstances that the carrier could not avoid and the elimination of which was beyond the carrier’s control.

2. The extent of the carrier’s liability for the damage caused due to the loss, shortage or damage of the goods or luggage shall be laid down by the contract of carriage or the law.

3. In addition, where the carrier fails to preserve the goods or luggage and where the carriage charges are not included into the value of the goods or luggage, the carrier must reimburse the consignor (the receiver) for the carriage charges paid by the latter for the carriage of goods or luggage.

4. The documents made out unilaterally by the carrier with regard to the reasons of the failure to preserve the goods or luggage or the damage thereof can be litigated in the court of law and must be assessed by the court together with other evidence adduced in the case and validating the grounds for the carrier’s liability.

Article 6.821. Presentation of claims to the carrier

The codes of individual modes of transport or other laws may lay down obligatory presentation of claims to the carrier before addressing the court of law.

Article 6.822. Contracts for the organisation of carriage

1. In cases where goods are carried continuously and there is a need for setting time limits and procedures for the provision of means of transport and goods, the carrier and the consignor shall enter into a long-term contract for the organisation of carriage.

2. A contract for the organisation of carriage is a contract whereby the carrier undertakes to accept at the time specified in the contract and the consignor undertakes to supply for carriage the goods of the amount specified in the contract. The contract for the organisation of carriage shall lay down the scope of means of transport and the goods, time limits, payment procedures and other conditions.

Article 6.823. The carrier’s liability for the death or injury of the passenger

The carrier’s liability for the death or injury of the passenger shall be determined pursuant to the rules set out in Chapter XXII, Section Three (articles 6.263–6.291) of this Code, unless the law or the contract of carriage provides for a broader extent of the carrier’s civil liability.

CHAPTER XLI

FREIGHT FORWARDING

Article 6.824. Concept of freight forwarding and the contract of freight forwarding

1. Freight forwarding shall mean the organisation of the carriage of goods and operations related thereto provided for in the contract of freight forwarding.

2. A freight forwarder shall mean a legal person (an entrepreneur) who has concluded a contract of freight forwarding with the customer whereby he has undertaken to transport at the expense of the customer (the customer’s client) and on the customer’s or his own behalf the customer’s goods as well as to perform any other operations related thereto.

3. The contract of freight forwarding is a contract whereby one party (the freight forwarder) undertakes for reward and at the expense of another party, the customer (the customer’s client), to provide or organise services provided for in the contract and related to the carriage of goods.

4. A contract of freight forwarding shall be deemed concluded from the moment when the freight forwarder acknowledges the receipt of an order.

5. The contract of freight forwarding may provide for the freight forwarder’s duty to organise the carriage of goods by the means of transport and the route of the freight forwarder’s or the client’s choice, the freight forwarder’s duty to conclude contracts of carriage or any other contracts on his own or the client’s behalf, to ensure the dispatch, loading or unloading of goods, as well as for any other duties related to the carriage of goods.

6. The contract of freight forwarding may provide for such additional services to be provided by the freight forwarder as obtaining from appropriate bodies documents necessary for the export or import of goods, carrying out customs or other formalities, inspecting the quantity and condition of goods, loading or unloading of goods, paying fees, charges and other amounts to be paid by the customer (the customer’s client), keeping and storing of goods, as well as providing other services.

7. The rules under this Chapter shall also apply in cases where subject to the contract the freight forwarder’s duties are undertaken by the carrier.

8. The contract of freight forwarding can be either fixed-term or open-ended.

Article 6.825. Form of the contract of freight forwarding

1. The contract of freight forwarding shall be concluded in writing or by way of placing an order by any appropriate means of communication.

2. A bill of lading may also constitute a contract of freight forwarding when completed by the freight forwarder and signed by the customer (the customer’s client).

3. Where appropriate, the client shall issue to the freight forwarder an authorisation in order for the latter to be able to carry out his duties.

Article 6.826. Freight forwarder’s liability

1. The freight forwarder shall be liable for the failure to perform or improper performance of the contract of freight forwarding subject to the procedure laid down in the contract.

2. Where the freight forwarder proves that the breach of the contract of freight forwarding was due to the failure to perform or improper performance of the contract of carriage, the freight forwarder’s liability towards the customer (the customer’s client) shall be established pursuant to the same rules as are applied to the appropriate carrier’s liability towards the freight forwarder.

Article 6.827. Documents and information to be furnished to the freight forwarder

1. The customer (the customer’s client) must furnish the freight forwarder with documents and other information on the properties of goods, carriage conditions as well as any other details that are necessary in order for the freight forwarder to be able to duly fulfil his obligations.

2. The freight forwarder must notify the customer (the customer’s client) of any omissions in the information furnished to him and in the case where not all information has been received, he must demand that the client furnishes all the necessary information.

3. Where the customer (the customer’s client) fails to furnish the necessary information, the freight forwarder shall have the right to suspend the performance of the contract until such time when the information is supplied.

4. The customer (the customer’s client) shall be liable for the damages incurred by the freight forwarder as a result of the failure on the part of the customer (the customer’s client) to comply with the duties laid down in this article.

Article 6.828. Invoking a third party for the performance of an obligation

1. The freight forwarder shall have the right to invoke third parties for the performance of his obligations, unless the contract provides for the freight forwarder's obligation to perform the contract individually.

2. Full or partial transfer of the obligation to perform the contract to third parties shall not release the freight forwarder from his obligation towards the customer (the customer’s client) with respect to the performance of the contract.

3. Where third parties are invoked by the freight forwarder, in full or in part, for performance of the contract, the freight forwarder shall acquire the rights of the customer (the customer's client) with respect to such third parties.

Article 6.829. Unilateral termination of the contract

1. Each party shall have the right to unilaterally terminate the open-ended contract of freight forwarding by one month’s notice to the other party, unless a more extensive period of notice is provided for in the contract.

2. The party which avails itself of the possibility to unilaterally terminate the contract must reimburse the other party the damages incurred by that other party to this effect.

CHAPTER XLII

DEPOSIT

SECTION ONE

GENERAL PROVISIONS

Article 6.830. Concept of Contract of Deposit

1. Under the contract of deposit one party (the depositary) obligates itself/himself to keep in its/his possession movable thing delivered to it/him by the other party (depositor) and to restore it to the depositor after having taken reasonable care thereof, whereas the depositor undertakes to pay a reward, if this is required under the contract.

2. Under agreement between parties, a contract of deposit may be onerous or gratuitous

3. Where the depositary is a legal person (businessman) for whom safekeeping constitutes one of the activities it/he engages in (professional depositary), the contract for deposit or the documents of incorporation of the legal person may provide for the depositary’s obligation to accept into possession from the depositor a thing at the date specified in the contract.

4. A contract of deposit shall be deemed concluded from the moment of delivery of the thing to the depositary.

5. The rules laid down in this Section shall be applicable to special types of deposit to the extent it is not established otherwise by the provisions of other sections of this Chapter.

Article 6.831. Form of the Contract of Deposit

1. A contract of deposit concluded by natural persons must be in writing if the value of the thing/things is over LTL 5 000.

2. If the contract of deposit provides for the depositary’s obligation to accept the thing into possession for safekeeping in future, the contract must be in writing in all cases.

3. A contract of deposit shall be recognised as having been concluded in writing, if the delivery of a thing to the depositary is certified by:

1) a receipt or any other document issued by the depositary;

2) a token (number) or any other sign.

4. Failure to abide by the ordinary written form shall not deprive the parties of the right to rely on the evidence presented by witnesses in case of a dispute regarding the identity of the thing that has been delivered for safekeeping and restored.

Article 6.832. Obligations and Rights of the Depositary

1. The depositary shall use all available means to ensure the preservation of the thing put in his/its possession.

2. Unless the contract establishes otherwise, the depositary shall have no right to make use of the thing deposited with him/it or to permit the use thereof by other persons.

3. The depositary may not require the depositor to prove that he is the owner of the thing delivered for safekeeping or require such proof of the person to whom the thing is to be restored.

4. The depositary is bound to restore the thing to the depositor on demand, even before the expiry of the period of deposit.

5. The depositary shall have the right to request that the person to whom the thing is returned produce a receipt or any other document evidencing conclusion of the contract of deposit and the person’s right to withdraw the thing.

Article 6.833. Performance of the Obligation to Deliver a Thing for Safekeeping

1. Having undertaken to accept a thing for safekeeping, the depositary shall have no right to require the delivery of the thing to him/it for safekeeping. However, the depositor, who fails to deliver the thing for safekeeping within the time period set in the contract, is bound to indemnify the depositary for any loss failure to deliver the property may have caused him/it, unless otherwise established in the contract. The depositor shall be released from the liability if he/it notifies the depositary of its/his refusal to deliver the thing within a reasonable time.

2. Unless otherwise established in the contract, the depositary shall have the right to refuse to accept the thing for safekeeping if it has not been delivered to him/it within the time period set in the contract.

Article 6.834. Period of Deposit

1. The depositary is bound to preserve the thing for the period of deposit set in the contract.

2. Where the period of deposit is not set in the contract and cannot be set under the conditions of the contract, the depositary must preserve the thing until the restoration thereof is demanded by the depositor or any other person entitled to withdraw the thing.

3. Where it is stipulated that the period of deposit expires from the moment the restoration thereof is demanded, the depositary shall be entitled, upon the expiration of the time period of deposit customary under the conditions, to demand that the depositor withdraw the thing within a reasonable time from the receipt of such a notice. In case of failure by the depositor to withdraw the thing the rules set in Article 6.843. of this Code shall be applied.

Article 6.835. Mixture of Things

In the cases specified in the contract of deposit things delivered for safekeeping may be mixed with other things of the same type and quality delivered for deposit by other persons. In such cases the depositor shall be restored the quantity of the things of the same type and quality which is provided for in the contract.

Article 6.836. Conditions of Safekeeping of a Thing

1. The depositary is bound to take care of the thing in accordance with the conditions of safekeeping set in the contract. Where the conditions of safekeeping are not set in the contract or not all conditions are set, the depositary is bound to preserve the thing under such conditions which would ensure maximum protection of the thing.

2. In all cases the depositary is bound to ensure that he/it fulfils the requirements for implementation of safety measures (fire-prevention, sanitary, etc.), laid down in laws and other legal acts.

3. In case of gratuitous deposit the depositary is bound to take as much care of the thing as he would take of his own things.

Article 6.837. Changing the Conditions of Safekeeping

1. If changing the conditions of safekeeping is necessary, the depositary must forthwith notify the depositor thereof and receive his/its instructions. Where changing the conditions of safekeeping is required so as to avoid loss or destruction of the thing, the depositary shall have the right to change the manner, place and other conditions of safekeeping without the depositor’s instructions.

2. If a thing is in danger of perishing or if a thing is delivered for safekeeping in a damaged condition, also if there are other circumstances which preclude guaranteeing safety of the thing, whereas the depositor may not be expected to take urgent measures, the depositary shall be entitled to sell the thing or a part thereof at the market price of the locality of deposit.

Article 6.838. Safekeeping of Dangerous Things

1.Flammable, explosive or other hazardous things may be at any time rendered harmless or destroyed by the depositary. The depositor shall not be indemnified for the losses incurred by reason thereof, if the depositor did not notify the depositary of the dangerous qualities of the things when delivering the hazardous things for safekeeping. In such cases the depositor shall be liable for the losses caused to the depositary and third persons due to the safekeeping of such things.

2. Where dangerous things are delivered for safekeeping to a professional depositary, the rules of paragraph 1 above shall be applicable only in the cases where the things were delivered for safekeeping under an incorrect name and at the moment of acceptance thereof the depositary was could not determine the dangerous qualities of the things from their external examination.

3. Where deposit is for reward, in the cases provided for in paragraphs 1 and 2 above the payment made to the depositary shall not be refunded, whereas if no rewards have been paid, the depositary shall be entitled to recover the full amount thereof from the depositor.

4. If the depositary accepts the dangerous things specified in paragraph 1 above for safekeeping knowing of the dangerous qualities thereof, the depositary shall be entitled to render the things harmless or destroy them without indemnifying the depositor for the losses if danger arises to the life or property of the depositary or third persons and the depositor fails to meet the depositary’s demand for immediate withdrawal of the things. In such cases the depositor shall not be liable to the depositary and third persons for the losses incurred by them by due to the safekeeping of such things.

Article 6.839. Delivery of Things for Safekeeping to a Third Person

1. Unless the contract of deposit establishes otherwise, the depositary shall have no right to transfer the things for safekeeping to a third person without the depositor’s consent, except in cases where the interests of the depositor have to be safeguarded due to the circumstances that have arisen whereas the depositary has no possibilities to obtain the depositor’s consent.

2. Having transferred the things for safekeeping to a third person, the depositary must forthwith notify the depositor thereof.

3. Transfer of the things to a third person for safekeeping shall preserve the validity of the contract of deposit between the depositor and depositary. The depositary shall be liable to the depositor for the actions of the third person.

Article 6.840. Remuneration for Deposit

1.Where the contract of deposit is onerous, the depositor is bound to pay the depositary a remuneration upon the termination of safekeeping. The parties may agree that payment shall be effected in parts at fixed intervals, upon the expiration of the time period set in the contract.

2. Where payment of remuneration at regular intervals has been agreed upon, the depositary’s failure to effect payment for more than one period shall entitle the depositary to terminate the contract and to demand from the depositor immediate withdrawal of the thing.

3. If the contract of deposit expires before the date set in the contract due to circumstances which are outside the depositary’s remit, he/it shall be entitled to the portion of remuneration corresponding to the duration of safekeeping and, in cases provided for in Article 6.838 (1) of this Code, to the full amount of the remuneration. In case the contract of deposit expires due to the circumstances that are within the depositary’s remit, he/it shall have no right to demand payment of remuneration and is bound to refund the depositor the amounts paid.

4. In case of failure by the depositor to withdraw the thing upon the expiration of the period of deposit, he/it is bound to pay an appropriate remuneration for continued safekeeping of the thing. The above rule shall also be applicable where the depositor is bound to withdraw the thing prior to the expiry of the period of the contract of deposit.

5. The depositary shall have the right to retain the thing delivered to him/it for safekeeping until he/it is paid full amount of the remuneration by the depositor.

6. The rules of this Article shall apply unless the contract of deposit establishes otherwise.

Article 6.841. Reimbursement of Expenses related to Safekeeping

1. Unless the contract of deposit establishes otherwise, the depositary’s expenses related to the safekeeping of the thing shall be entered in the reward for deposit.

2. If the contract of deposit is gratuitous, the depositor is bound to reimburse the depositary for the necessary expenses related to safekeeping, unless otherwise established by the law or the contract.

Article 6.842. Extraordinary Expenses of Deposit

1. The depositary shall be reimbursed for the expenses of deposit which are in excess of the regular expenses of such type of deposit and which could not have been foreseen by the parties at the moment of conclusion of the contract of deposit (extraordinary expenses), provided that the depositor gave his/its consent to incurring such expenses or subsequently approved such expenses, as well as in other cases provided for in the contract of deposit.

2. Where it is necessary to incur extraordinary expenses, the depositary must notify the depositor thereof and obtain his/its consent. In case of failure by the depositor to give his/its response to the depositary within a reasonable time, consent to incur extraordinary expenses shall be deemed to have been granted.

3. If the depositary incurs extraordinary expenses without the depositor’s consent where such consent could have been obtained and the depositor has not approved the expenses, the depositary shall have the right to demand reimbursement for the extraordinary expenses only taking into account the amount of the damage that could have been caused to the thing preserved if the extraordinary expenses had not been incurred.

4. Unless otherwise established in the contract of deposit, reimbursement for the extraordinary expenses shall be paid separately from the reward for deposit.

Article 6.843. Depositor’s Obligation to Withdraw the Thing

1. Upon the expiry of the period of the contract of deposit as well as of the period fixed by the depositary for withdrawing the thing, the depositor must forthwith withdraw the thing delivered for safekeeping.

2. In case of failure by the depositor to withdraw the thing, the depositary shall have the right, upon giving the depositor a written notice to the effect, at his/its own discretion sell the thing in his/its custody for the market price of the locality of safekeeping. If the price of the thing kept in custody is over of LTL 2000, the depositary shall have the right to sell it only by auction.

3. The proceeds from sale of the thing shall be transferred to the depositor upon deducting therefrom the amounts due to the depositary.

Article 6.844. Depositary’s Obligation to Restore the Thing

1.The depositary is bound to restore to the depositor or any other person authorised by him/it the identical thing that was delivered to the depositary, save for the exceptions provided for in Article 6.835 of this Code.

2. The thing must be restored in the same condition in which it was handed over for safekeeping, having regard to its normal wear and tear, amortisation or change due to its natural qualities.

3. Unless otherwise established by the contract of deposit, together with the thing the depositary is bound to restore to the depositor the fruits and revenues received therefrom in the course of the its safekeeping.

4. The thing shall be restored at the place where it was handed over for safekeeping, unless the contract establishes otherwise. Where the deposit is gratuitous, the cost of restoration of the thing shall be borne by the depositor. Where deposit is onerous, the cost of restitution shall be borne by the depositary.

Article 6.845. Grounds of Depositary’s Liability

1. The depositary shall be liable for the loss, shortage or damage of the things delivered to him/it.

2. Where the contract of deposit is onerous, the depositary shall be in any case liable for the loss, shortage or damage of the things delivered to him, unless it was caused by force majeure. Where the contract of deposit is gratuitous, the depositary shall be liable only if he/it is at fault.

3. A professional depositary shall be liable in any case, except where the thing was lost or damaged due to or by force majeure.

4. The depositary shall be liable for the loss, deficiency or damage of the thing after the arising of the depositor’s obligation to withdraw the thing only where there has been the depositary’s malice or gross negligence.

5. Where the depositary’s heir or other legal representative sells in good faith the thing delivered for safekeeping without his knowledge, the heir or other legal representative is bound only to return the price he has received or to assign to the depositor his claim against the purchaser in good faith if the price has not been paid.

Article 6.846. Amount of Depositary’s Liability

1. The depositary is bound to compensate the depositor for all damage connected with the loss, deficiency of or damage to the thing.

2. Where the contract of deposit is gratuitous, the depositary shall be liable for:]

1) the loss or shortage of the thing in the amount of the value of the thing or of the missing part thereof;

2) the damage to the thing in the amount of the reduction of the value of the thing.

3. Where due to the damage of the thing the value thereof has been reduced to the extent that it may no longer be used for its previous purpose, the depositor shall have the right to refuse withdrawing the thing and to demand that the depositary compensate for the value of the thing and for all losses, unless otherwise established by the contract.

Article 6.847. Compensation for Damage Inflicted on the Depositary

The depositor is bound to compensate for the damage inflicted on the depositary due to the qualities of the thing kept in custody if the depositary did not and could not know of the qualities when accepting the thing for safekeeping, whereas the depositor knew or should have known thereof.

Article 6.848. Termination of the Contract of Deposit on Depositor’s Demand

The depositor shall have the right to demand any time restoration of the thing, whereas the depositary is bound to restore it even before the expiry of the period of the contract of deposit.

Article 6.849. Necessary Deposit

1. Necessary deposit takes place where a person is compelled, by an unforeseen and unavoidable urgent necessity (accident, natural disaster, etc.) to entrust the custody of his property to another person.

2. In case of a necessary deposit the depositary may not refuse to accept the thing for safekeeping without a serious reason.

3. In case of necessary deposit the depositary shall be liable in the same manner as a depositary under the contract of gratuitous deposit.

4. The delivery of a patient’s things in a health or guardianship (curatorship) institution is presumed to be a necessary deposit.

Article 6.850. Deposit under Law

The rules of this Section shall also be applied with respect to deposit obligations which arise under law, unless the law establishes otherwise.

SECTION TWO

WAREHOUSING

Article 6.851. Concept of a Warehouse Contract

1. On the basis of a warehouse contract the warehouse (the warehouse-keeper) undertakes to safeguard for consideration the goods deposited with it/him by the owner/depositor of the goods and to restore them to the specified person after safekeeping.

2. For the purposes of this Section, the warehouse shall be considered to be a legal person (businessman) whose principal type of activity is safekeeping of goods and provision of other services connected with the safekeeping of goods.

3. The warehouse contract shall be executed by issuing a warehouse certificate.

Article 6.852. Warehouse of Common Use

1. Only a warehouse which is bound, under law or documents relating to its activities, to accept goods for safekeeping from any owner of the goods shall be recognised as a warehouse of common use.

2. The contract of safekeeping of goods deposited with a public warehouse of common use shall be recognised as a public contract.

Article 6.853. Inspection of Goods

1. Unless otherwise provided in the warehouse contract, the warehouse is bound to inspect, at its own expense, the goods when accepting them for safekeeping and to determine the amount of the goods (number, volume, weight, etc.) as well as assessing the outward appearance thereof.

2. During the safekeeping of the goods the warehouse is bound to provide the owner of the goods with an opportunity to examine the goods in storage, take samples thereof and apply other measures necessary for ensuring the safety of the goods.

Article 6.854. Changing the Conditions of Safekeeping of the Goods

1. If the conditions of safekeeping of the goods set in the warehouse contract require changing in order to ensure safety of the goods, the warehouse shall be entitled to apply the necessary measures at its discretion. Where this necessitates material changes in the conditions of safekeeping as prescribed in the warehouse contract, the warehouse is bound to notify the owner of goods thereof.

2. If changes, not provided for in the warehouse contract, are noticed in the stored goods during their safekeeping, the warehouse is bound to promptly draw up an appropriate record, notifying the owner of the goods thereof on the same date.

Article 6.855. Inspection of the Released Goods

1. The person who is released the goods and the warehouse shall have the right to demand to examine the goods being released and to inspect their quantity. Expenses related to inspection shall be defrayed by the party demanding to examine or to inspect the goods.

2. In case the released goods have not been examined and inspected in the presence of both parties, a written application regarding the deficiency or spoilage of the goods must be submitted when the person is being released the goods or within three days from the release thereof, provided the shortage or damage could not be detected during normal examination of the goods. In such case the burden of proof or shortage or damage of the goods shall fall on the person who is released the goods.

3. In the absence of the application provided for in paragraph 2 of this Article, the warehouse shall be deemed to have released the goods in accordance with the conditions of the warehouse contract, until it is proved to the contrary.

Article 6.856. Warehousing Documents

1. Having received the goods for safekeeping, the warehouse shall issue one of the following documents confirming the warehouse contract:

1) double warehouse certificate;

2) ordinary warehouse certificate;

3) warehouse receipt.

2. A double warehouse certificate consists of two parts - warehouse certificate and pledge certificate (Article 6.857 of this Code) which shall be separable.

3. A double warehouse certificate, each one of its two parts and an ordinary warehouse certificate are securities.

4. Goods received for safekeeping with a double warehouse certificate, if the parts thereof have been separated, or with an ordinary warehouse certificate may be an object of pledge during the period of safekeeping by way of pledging the corresponding certificate.

Article 6.857. Double Warehouse-Certificate and its Contents

1. The following shall be indicated in each part of the double warehouse certificate:

1) the name and place of the warehouse;

2) number of the warehouse certificate;

3) name and seat of the owner (depositor) of the goods from whom they have been received;

4) name and quantity of the goods (units, weight, volume, etc.) and in case the goods have been an object of pledge - the amount of the pledge;

5) time period of safekeeping of the goods or instruction for their safekeeping until the demand for their release;

6) the amount of remuneration for the deposit or the tariffs on the basis of which it shall be calculated and the procedure of payment for deposit;

7) date of issue of the warehouse certificate.

2. A document shall not be deemed to be a double warehouse certificate if at least one of the requisite items listed in paragraph 1 above is missing.

3. A double warehouse certificate is a document of title granting the right to dispose of the goods.

Article 6.858. Rights of the Holder of Warehouse and Pledge Certificates

1. The holder of a warehouse and pledge certificate shall be entitled to dispose of the goods in storage in the warehouse.

2. The holder of a warehouse certificate which has been separated from the pledge certificate shall be entitled to dispose of the goods, however he shall have no right to reclaim the goods from the warehouse until the repayment of the credit granted against the pledge certificate.

3. The holder of a pledge certificate shall have the right of pledge on the goods in an amount equal to the sum of the credit granted against the pledge certificate and the interest thereon. When the goods are being pledged, a notice to the effect shall be made in the warehouse certificate.

Article 6.859. Transfer of Warehouse and Pledge Certificates

Warehouse and pledge certificates may be transferred to another person either together or separately by the way of inscriptions of transfer (on the basis of endorsement).

Article 6.860. Release of the Goods under Double Warehouse Certificate

1. The warehouse shall release the goods to the holder of the warehouse and pledge certificate (double warehouse certificate) only in exchange for both of these certificates together.

2. The holder of the warehouse certificate who does not have a pledge certificate but has paid the amount of debt on it, shall be released the goods by the warehouse in exchange for the warehouse certificate and a receipt evidencing payment of the full amount of the debt.

3. If the warehouse releases the goods in violation of the rules laid down in this Article, it is bound to pay to the holder of the pledge certificate the entire amount secured by the pledge.

4. The holder of the warehouse and pledge certificates shall be entitled to demand that goods be released to him in parts. In such cases in exchange for the original certificates he shall be issued new certificates for the goods remaining in the warehouse.

Article 6.861. Ordinary Warehouse Certificate

1. An ordinary warehouse certificate is a bearer instrument granting the bearer the right to the release of the goods.

2. An ordinary warehouse certificate shall contain specified requisite information provided by Article 6.857(1) (1.2.4-7) of this Code as well as an indication that it has been issued to the bearer.

Article 6.862. Deposit of the Things with the Right of their Disposal

If the law or the contract establishes the right of the warehouse to dispose of the things deposited for safekeeping, the rules regulating the loan contract (Chapter XLIII of this Code) shall also be applicable to the relationships between the parties, however, the place and time of release of the things shall be governed by provisions of this Chapter.

SECTION THREE

SPECIAL TYPES OF DEPOSIT

Article 6.863. Temporary Deposit (Sequestration) of Things which are the Object of Dispute

1. Sequestration is a contract of deposit by which two or more persons who are in dispute over the right to a thing place the thing in the hands of another person chosen by them (sequestrator). The person shall bind himself to restore the thing, once the issue is decided, to the person who will then be entitled to it.

2. The object of sequestration may be immovable thing as well as movable thing.

3. The parties shall elect the sequestrator by mutual agreement. They may elect one of their number to act as sequestrator. Where the parties disagree on the election of the sequestrator, he shall be appointed by the court hearing the dispute. A person may be appointed sequestrator only with his consent.

4. The sequestrator shall have the right to perform any necessary act in respect of the sequestered thing which may be performed by a simple property administrator, save for the exceptions established by agreement between the parties or court ruling.

5. The sequestrator shall be entitled to remuneration unless otherwise stipulated by the contract or court order.

6. The sequestrator shall restitute the thing to the person specified in the court judgement or order. In the event of the contract of transaction, the thing shall be restored to the persons specified in the contract of transaction.

7. Upon the termination of sequestration the sequestrator shall render an account of his management of the property and deliver it to the parties or the court.

8. Where a person is appointed the sequestrator of the attached property by the court, the court bailiff, tax administrator or any other officer, in such case the sequestration shall be subject, in addition to the provisions of this Article, also to those laid down in the Code of Civil Procedure.

Article 6.864. Deposit of Things with a Pawnshop

1. A contract for depositing things owned by a natural person with a pawnshop is a public contract.

2. A contract for depositing things with a pawnshop shall be certified by a pawn ticket issued to the pawnor.

3. The price of the things deposited with the pawnshop shall be set by agreement between the parties.

4. The pawnshop is bound to insure, at its expense and for the benefit of the pawnor, the thing deposited with it for the amount equal to the price of the thing set by agreement between the parties.

5. Where a thing deposited with the pawnshop is not redeemed within the time period set in the contract, the pawnshop is bound to keep the thing for one more month at the pawnor’s expense. Upon the expiration of the said time period the pawnshop shall have the right to sell the thing in the manner laid down in Article 6.843(2) of this Code.

6. The proceeds of such sale shall be used to cover the expenses of the pawnshop which may have arisen in relation to the storing of the thing and other amounts due to it, while the balance shall be repaid by the pawnshop to the pawnor.

Article 6.865. Deposit of Things in Hotels

1. A hotel is liable, without a special agreement with the person who lodges with it, in the same manner as a depositary, for the loss, deficiency or damage of the personal effects of the said person. The hotel is entitled to retain, as security for payment of the cost of lodging and services actually provided by the hotel, the effects brought into the hotel by the guest.

2. Under paragraph 1 of this Article, the hotel shall be liable for the loss, shortage or damage of the things which:

1) during the person’s lodging with the hotel were kept in the hotel room or at any other place in the hotel;

2) were entrusted by the hotel guest as deposit to the hotel staff for safekeeping within the hotel or outside it;

3) were placed as deposit at the hotel for a reasonable time starting from the moment the person takes up lodging with the hotel and until his departure.

3. Where the property has not been deposited with the hotel, with the exception of the cases where the hotel has refused to receive the property which the hotel is bound to receive for safe custody, the civil liability for the damage, destruction or loss of the things of a person who stays at the hotel shall be limited to the price, multiplied by one hundred, paid for the overnight lodging at the hotel by the person who stays at the hotel. The civil liability for the damage, destruction or loss of one thing of a person who stays at the hotel shall be limited to the price, multiplied by fifty, paid for the overnight lodging at the hotel by the person who stays at the hotel.

4. The hotel shall be liable and its civil liability shall not be limited pursuant to paragraph 3 of this Article where the damage, destruction or loss of the property is caused through the fault of the hotel or any person for whose actions the hotel is responsible.

5. The hotel is bound to accept for deposit sums of money, jewellery and other valuable articles brought by the hotel guests, unless the things are dangerous to the people around or, giving their size or excessive value, are cumbersome to the hotel and its guests.

6. A hotel, accepting for deposit sums or money or other valuable articles, may require them to be placed is special marked receptacles.

7. Unless the hotel administration is immediately notified by the person lodging in the hotel of the loss, shortage of or damage to his things, the hotel shall be released from liability for failure to preserve the things.

8. The hotel shall not be liable for failure to preserve the things, if this was due to the fault of the owner of the things, the persons accompanying him or invited to the hotel or due to superior force or because of the qualities of the thing. Neither shall the hotel be liable for failure to preserve the vehicles of the hotel guests left outside the hotel’s guarded parking lot, and the things or animals left in the said vehicles.

9. An agreement between the parties or a unilateral statement by the hotel that the hotel is not liable for the safety of the things of its guests or establishing a limited liability shall be null and void. The limited liability of the hotel shall be defined in paragraph 3 of this Article.

10. The regulations of this Article shall also be applicable to the deposit of things with motels, rest homes, residential care homes, sanatoria and other similar institutions.

Article 6.866. Deposit of Things with a Bank

1. A bank shall have the right to accept for deposit securities, precious metals and precious stones, other valuables and documents.

2. The contract of deposit of things with a bank for safekeeping shall be certified by the storage certificate issued to the depositor by the bank.

Article 6.867. Deposit of Valuable Articles in the Bank Safe-deposit

1. The contract of deposit may provide for the safekeeping of the client’s valuable articles in the individual bank safe (department of the safe, isolated bank safe-deposit) allotted for use by the customer.

2. Under the contract of deposit of valuable articles for safekeeping in an individual bank safe the client shall have the right to place the valuable articles in the safe and take them from the safe by himself. The bank shall issue the client with the to the safe and the customer’s identification card or any other document certifying the customer’s right to enter the bank depository where the client’s individual safe is located and to open the safe.

3. The contract of deposit may also provide for the client's right to work in the bank with the valuable articles deposited in the bank safe.

4. The bank shall accept from the client the valuable articles to be deposited in the safe and shall also supervise their placement in and withdrawal from the safe and shall hand over to the client the valuable articles taken from the safe. Where the contract establishes that the customer shall use the safe personally, the bank must ensure the client an opportunity to place the valuable in the safe and withdraw them from the safe unattended by anyone, bank employees included. The bank must also ensure the client’s free entry into the bank depository where his individual safe is located.

5. Unless otherwise provided by the contract of deposit, the bank shall be released from liability for the failure to preserve the valuable articles placed in the individual safe if it proves that under the conditions of storage no person was allowed access to the contents of the safe without the client’s knowledge or that the valuable articles were lost due to superior force.

6. Where under the contract the individual safe is allotted for use to another person and the liability of the bank for the preservation of the valuable articles placed in the safe is not established, the rules regulating the contract of lease shall apply to the contract of the type.

Article 6.868. Deposit of Things in Left Luggage Offices of Transport Companies

1. General use left luggage offices of transport companies are bound to accept for safekeeping personal effects of passengers and other persons, irrespective of whether or not the passenger possesses travelling tickets. The contract of deposit in left luggage offices of transport companies is a public contract.

2. Conclusion of the contract of deposit in a left luggage office (except for automatic safety deposit boxes) shall be confirmed by issuing the depositor with a receipt or token. In case of loss of the receipt or token, the thing shall be released to the depositor after he proves his ownership of the thing.

3. Time period of safekeeping of the thing in the left luggage office shall be set by agreement between the parties. Transport companies may set maximum time periods for the safekeeping with possible extension as per agreement between the parties. Things that are not retrieved within the set period shall be stored for one more month and thereafter sold according to the procedure established in Article 6.843(2) of this Code.

4. In case of loss, shortage or damage of the delivered things the transport company shall within 24 hours after the filing of the claim compensate for the value specified when the depositor delivered the things for safekeeping.

Article 6.869. Deposit of Things in the Cloakroom

1. It is presumed that the safekeeping of things in cloakrooms is gratuitous, except in cases when the things are delivered upon explicit agreement of deposit for a reward.

2. Irrespective of whether the contract of deposit is onerous, or not, the depositary must take all measures within his power in order to ensure the safekeeping of the things delivered to the cloakroom.

3. The rules of this Article shall also apply in the cases when natural persons leave their outer clothing, headgear and other similar things in enterprises, institutions, organisations or means of transport in the places designated for the purpose without a special delivery thereof for safekeeping.

CHAPTER XLIII

LOAN

SECTION ONE

GENERAL PROVISIONS

Article 6.870. Concept of the loan agreement

1. By the loan agreement one party (the lender) transfers into the ownership of the other party (the borrower) the money or consumable generic things, and the borrower undertakes to repay the lender the same amount of money (the amount of loan) or return the same amount of things of the same kind and quality, and to pay the interest unless otherwise established in the agreement.

2. The loan agreement shall be deemed executed from the moment of transfer of money or things.

3. The borrower shall become the owner of the things (money) transferred to him. From the moment of transfer of the things the risk of accidental loss or damage of things shall pass to the borrower.

Article 6.871. Form of the loan agreement

1. The loan agreement of natural persons shall be made in writing if the amount of loan is in excess of two thousand Litas.

2. If the lender is a legal person, the loan agreement shall be in written form in all events notwithstanding the amount of the amount of loan.

3. The requirements of a written form shall be satisfied by a loan receipt or any other debt instrument, signed by the borrower, confirming the transfer of the subject-matter of the loan agreement to the borrower.

Article 6.872. Interest

1. The amount of interest on use of the amount of loan and the procedure of payment thereof shall be established by agreement of the parties. If the parties have not agreed on the amount of interest, the interest shall be determined based on the average interest rate of commercial banks of the place of residence or business of the borrower which existed at the moment of execution of the loan agreement.

2. Except when otherwise agreed by the parties, the interest shall be paid on monthly basis until repayment of the amount of loan.

3. It is presumed that the loan agreement shall be gratuitous if the subject-matter of the loan agreement comprises the generic things, unless otherwise established in the loan agreement. If the subject-matter of the loan agreement is money, the loan agreement shall be presumed to be onerous.

Article 6.873. The obligation of the borrower to repay the amount of loan

1. The borrower shall repay the received loan to the lender on the term and in the procedure prescribed in the agreement.

2. In cases when the term for repayment of the amount of loan is not set forth in the agreement or the loan must be repaid upon demand, the borrower shall repay the principal within thirty days from the day when the lender stated the demand to perform the agreement, unless otherwise established in such agreement.

3. Except when the loan agreement provides for otherwise, the borrower shall be entitled to repay the amount of loan of the gratuitous loan prior to the term.

4. The amount of the non-gratuitous loan may be repaid by the borrower prior to the term only upon consent of the lender.

5. Except when otherwise prescribed by the loan agreement, the amount of loan shall be deemed repaid from the moment of its transfer to the lender or crediting to the bank account of the lender.

6. When the subject-matter of the loan is an amount of money, the borrower shall repay a nominal amount only, notwithstanding the changes of the value of a monetary unit, unless otherwise established in the agreement.

Article 6.874. Consequences of the breach of the agreement by the borrower

1. In case of failure by the borrower to timely repay the amount of the loan, the borrower shall pay the interest established in Article 6.210 hereof from the day when the amount of the loan had to be repaid until the day of its actual repayment, notwithstanding the payment of the interest set forth in Article 6.37 hereof, unless otherwise established in the loan agreement.

2. If the loan agreement provides for repayment of the amount of the loan in instalments and a regular instalment is not repaid when due, the lender shall be entitled to demand to repay all the outstanding amount of the amount of loan together with the accrued payable interest.

Article 6.875. Contesting of the loan agreement

1.The borrower shall have the right to contest the loan agreement if he has not actually received the money or things, or if has received less than specified in the agreement. Such circumstances must be proved by the borrower.

2.If the loan agreement had to be in written form (Article 6.871 hereof), it shall not be permitted to contest the loan agreement subject to the testimony of witnesses in accordance with clause 1 of this Article, except for the cases stipulated in Article 1.93 hereof or if the loan agreement is executed by fraud, compulsion or real threat, or by virtue of wilful arrangement of the borrower's agent with the lender, or due to existing grave circumstances.

3.If it is proved that money or things have actually been not transferred to the borrower, the loan agreement shall be deemed not concluded. When the borrower has received less money or things than provided in the agreement, the loan agreement shall be deemed concluded for the actually received amount of money or things.

Article 6.876. Legal consequences of the loss of security for fulfilment of the Borrower's obligations

If the borrower fails to perform the obligation under the loan agreement to provide the security for the performance of his obligations or if the provided security is lost or its conditions become worse due to the circumstances beyond the lender's control, the lender shall be entitled to request the borrower to repay the amount of loan prior to the term as well as to pay the interest, unless otherwise established in the loan agreement.

Article 6.877. Purpose loan

1. If the loan agreement is executed establishing the provision that the borrower will use the principal for a certain purpose (the purpose loan), the borrower must ensure the lender's possibility to control the usage of the amount of loan by the borrower.

2. If the borrower uses the amount of loan for other than the purpose set forth in the loan agreement or if he breaches the condition established in clause 1 of this Article, the lender shall be entitled to request the borrower to repay the amount of loan prior to the term and pay the interest, unless otherwise established in the agreement.

Article 6.878. Bill of Exchange

If the borrower issues a bill of exchange under which he undertakes to repay the received amount of the loan on the term specified in such note, the relations of the parties shall be governed by the norms of this Chapter to the extent such norms are consistent with the law regulating the bills of exchange.

Article 6.879. Bond

1. In cases provided by laws the loan agreement may be concluded by issuing and selling bonds.

2. A bond shall be deemed a security which confirms its holder's right to receive from the person who has issued such bond, within the term specified in the bond, the amount of the nominal value of the bond or any other property equivalent. A bond shall also grant its holder the right to receive the interest specified in the bond on the nominal value of the bond or other property rights.

3. The norms of this Chapter shall be applied to the relations between the person who has issued such bond and the holder of such bond only if the laws do not prescribe otherwise.

Article 6.880. Substitution (novation) of the debt by the loan obligation

By agreement of the parties, the debt arising from the purchase-sale, lease or any other agreement may be substituted by the loan obligation according to the rules set forth in Articles 6.141-6.144 of this Code.

SECTION TWO

CREDITING

Article 6.881. Concept of credit agreement

1. By the credit agreement a bank or any other credit institution (creditor) undertakes to grant the debtor the monetary funds (the credit) in the amount and under conditions established in the agreement, and the debtor undertakes to repay the received amount to the creditor and pay the interest.

2. The norms of the first Section of this Chapter shall be applied to the crediting relations to the extent they do not contradict to the essence of the crediting agreement and the rules set forth in the present Chapter.

Article 6.882. Form of the crediting agreement

The crediting agreement shall be made in writing. Non-observance of this requirement shall make the crediting agreement null and void.

Article 6.883. Refusal to grant or accept the credit

1. The creditor shall be entitled to fully or partly refuse to grant to the debtor the credit provided in the agreement upon disclosure of the circumstances expressly evidencing that the credit will not be repaid on due term.

2. The debtor shall be entitled to fully or partly refuse to accept the credit upon notification to that effect to the creditor until the term set forth in the agreement for granting of the credit unless otherwise established in the agreement.

3. If the debtor breaches the obligation for the purposive usage of the credit as established in the agreement (Article 6.877 of this Code), the creditor shall be entitled to refuse to continue crediting the debtor and demand to repay the granted credit prior to the term.

Article 6.884. Crediting with goods

1. The parties may enter into agreement on crediting with goods establishing an obligation of one party to transfer to the other party the generic things. Such agreement shall be subject to the norms of this Chapter, unless otherwise determined by agreement of the parties.

2. The amount, assortment, complexity, quality, packing-cases and packaging of goods shall be established in accordance with the rules of Articles 6.327-6.333 of this Code, unless otherwise determined by agreement of the parties and contradicts the essence of the agreement.

Article 6.885. Commercial crediting

1. In the agreement the performance whereof is related to the transfer into the ownership of the other party of money or generic things, the parties may provide for the granting of the credit. The credit may be granted by deferring or apportioning the advance payment, payment for goods, works or services (commercial crediting).

2. The relations of the commercial crediting shall be subject to the norms of this Chapter, unless otherwise determined by agreement of the parties and contradicts the essence of the agreement.

SECTION THREE

CONSUMER CREDIT

Article 6. 886. Concept of the credit agreement for consumers

1. By the credit agreement for consumers a creditor grants or promises to grant to a debtor credit in the form of a deferred payment, loan or other similar financial accommodation, except for agreements for the provision on a continuing basis of services or for the supply of goods of the same kind, where the debtor pays for such services or goods for the duration of their provision or supply by means of instalments.

2. When providing a consumer credit service, a creditor must ensure the adequate implementation of the principle of responsible lending.

3. Relationships pertinent to consumer credit shall be regulated by this Code and other laws.

4. Under this Article, a creditor shall be a person who, in accordance with the procedure and in the cases laid down by the law, grants or promises to grant consumer credit in the course of his commercial practices.

Article 6.887. Repealed

Article 6.888. Repealed

Article 6.889. Repealed

Article 6.890. Repealed

Article 6.891. Repealed

CHAPTER XIV

BANK DEPOSIT

Article 6.892. Concept of the bank deposit

1. By the bank deposit agreement (the deposit) one party (a bank or any other credit institution) undertakes to accept from the other party (depositor) or, having received the amount of money transferred to the other party (deposit), undertakes to return such deposit and pay the interest for it under the terms and procedure established in the agreement.

2. When the depositor is a natural person, the bank deposit agreement shall be deemed a public contract.

3. The relations between the bank or any other credit institution and the depositor, who has an account in which the deposit has entered, shall be governed by the norms of Chapter XLVI of this Book regulating the bank account agreement, unless the rules of the present Chapter set forth otherwise and this contravenes the essence of the bank deposit agreement.

Article 6.893. The right to accept deposits

1. The right to accept deposits shall be vested only in the banks or any other credit institutions having the permit (licence) issued for such activity in the procedure prescribed by laws.

2. If the deposit was accepted by the person not entitled to do so or if the deposit was accepted in violation of the operational rules of the banks, the depositor shall have the right to demand to return him immediately all the paid amounts, the interest determined by laws and the damages to the extent not covered by the interest.

3. Unless the law provides otherwise, the legal consequences set forth in clause 2 of this Article shall also apply when:

1) the monetary funds are collected from the sale of shares or other securities the issue whereof is recognised as unlawful;

2) the monetary funds are collected from the issue of notes or other securities and their holders are not granted the right to receive the monetary funds upon first demand.

Article 6.894. Form of the bank deposit agreement

1. The bank deposit agreement shall be made in writing.

2. A written form of the agreement shall be deemed the depositor's book, deposit certificate or any other document issued by the bank or any other credit institution which complies with the operational rules of the banks or other credit institutions.

3. If the written form is not observed, the bank deposit agreement shall be null and void.

Article 6.895. Types of deposits

1. The bank deposit agreement can be made establishing the obligation of the bank or any other credit institution to pay the deposit upon the first demand (demand deposit) or establishing the obligation of the bank or any other credit institution to pay the deposit after lapse of a certain term (fixed-term deposit).

2. The legal acts regulating the activities of the banks or any other credit institutions and the parties by agreement may also provide for other types of deposits.

3. Notwithstanding the type of the deposit, the bank or any other credit institution shall pay the deposit in full or in part upon the first demand of the depositor. A provision of the agreement stipulating the depositor's waiver of the right to receive the deposit upon the first demand shall be null and void.

4. In case when the deposit is paid to the depositor prior to the maturity of the term established in the agreement or prior to occurrence of other circumstances set forth therein (except for demand deposits), the interest shall be paid in the amount corresponding to the interest imposed on the demand deposits unless otherwise established in the agreement.

5. If the depositor does not demand the payment of the fixed-term deposit upon expiration of its term or any other circumstances stipulated in the agreement occur, the agreement shall be deemed renewed on the conditions of the demand deposit, unless otherwise established in the agreement.

Article 6.896. Interest

1. The bank or any other credit institution shall pay to the depositor the interest in the amount established in the agreement.

2. The amount of the interest can be differentiated by the type of the deposit. It shall be prohibited to set the amount of the interest based on the depositor's personal, official or other characteristics which are not related to the amount, type or term of the deposit.

3. If the amount of the interest is not defined in the agreement, the bank or any other credit institution shall pay an average interest rate which existed on the day of execution of the agreement in the place of execution thereof.

4. Unless the agreement provides for otherwise, the bank or any other credit institution shall be entitled to unilaterally change the amount of the interest paid for the demand deposits. If the bank or any other credit institution reduces the amount of the interest, then the new interest rate shall be started to apply in respect of the deposits paid prior to notification for the depositors about the reduction of the amount of the interest only after lapse of a month from such notification, unless otherwise established in the agreement.

5. The bank or any other credit institution shall have no right to unilaterally reduce the amount of the interest paid for the fixed-term deposits or any other deposits, unless otherwise established in the agreement.

Article 6.897. Calculation and payment of interest

1. Calculation of the interest on the deposits shall be started from the day following the day of acceptance of the deposit and shall be calculated until the day preceding the day when the deposit was paid or written off from the account on any other grounds.

2. Unless the agreement provides for otherwise, the interest shall be paid to the depositor upon his demand, after expiration of the quarter, separately from the amount of the deposit. The deposit shall be increased by the amount of the unpaid interest and the interest shall be calculated from the increased amount.

3. The deposit shall be paid together with the interest accrued until that moment.

Article 6.898. Guarantees for the return of deposits.

1. The bank and any other credit institution shall secure the return of the deposits in the established procedure by compulsory insurance thereof, and in cases determined by laws - in other ways as well.

2. When entering into the bank deposit agreement, the bank or any other credit institution shall furnish to the depositor the information about the guarantees for the return of the deposit.

3. If the bank or any other credit institution fails to perform its obligation to secure the return of the deposit, as well as in case of loss or worsening of the guarantees, the depositor shall have the right to demand the bank or any other credit institution to immediately return the deposit, pay the interest and indemnify the loss.

Article 6.899. Third persons' right to pay money to the depositor's account.

Third persons shall have the right to pay the money to the depositor's account unless otherwise established in the agreement. In such event the bank or any other credit institution shall transfer all the amounts, received on behalf of the depositor, to the depositor's account. In such cases it is presumed that the depositor has agreed to accept the amounts of money from the third persons and provided them with the required data about his deposit account.

Article 6.900. Deposits for the benefit of third persons

1. A deposit can be made in the bank or any other credit institution for the benefit of the third person. Unless the agreement provides for otherwise, such third person shall acquire the depositor's rights from the moment of his first demand to the bank or any other credit institution or from the moment of any other expression of his intention to exercise the depositor's rights.

2. The essential condition of the bank deposit agreement for the benefit of the third person shall be the name and surname or the title of the third person.

3. The bank deposit agreement for the benefit of the third person who died prior to the moment of execution of the agreement or did not exist at the moment of execution thereof shall be null and void.

4. The person who has entered into the bank deposit agreement for the benefit of the third person shall have the right to exercise the depositor's rights only until the moment when the third person states his intention to exercise the depositor's rights.

5. The norms regulating the agreement for the benefit of the third person, shall apply to the deposit agreement of the bank or any other institution only to the extent they do not contravene the rules established in this Article and the essence of the bank deposit agreement.

Article 6.901. The depositor's book

1. Unless the agreement provides for otherwise, the bank deposit agreement shall be documented in the form of the depositor's book. The depositor's book may be issued only in the name of the depositor.

2. The depositor's book shall specify the name of the bank or any other credit institution, address and other details, the depositor, the amount of the deposit and the accounting of the amounts of money paid to and from the account, the computed and paid interest.

3. All operations in respect of the deposit shall be performed only upon submission of the depositor's book.

4. If the book is lost or unsuitable for usage, it shall be substituted in the procedure determined by the bank or any other credit institution.

Article 6.902. Deposit certificate

1. The deposit certificate shall be a security certifying the amount of the deposit and the depositor's rights to the deposit, as well as the interest upon expiration of the term prescribed for the deposit.

2. The deposit certificate may be issued only in the name of the depositor.

CHAPTER XLV

FACTORING

Article 6.903. Concept of the factoring agreement

1. By the factoring agreement one party (the financier) shall transfer or shall be obliged to transfer to the other party (the client) the money in exchange for the monetary claim of the client (the creditor), related to the sale of goods, performance of works or provision of services, against the third person (debtor), and the client shall assign or undertake to assign to the financier the monetary claim against the debtor (the financing on condition that the monetary claim is assigned) and to pay the remuneration set forth in the agreement.

2. The client may assign the monetary claim against the debtor to the financier also striving for the purpose of securing the performance of its obligations to the financier.

3. The factoring agreement may establish the financier's obligation to handle the client's bookkeeping, provide to the client the financial services related to the monetary claims which are the subject-matter of the assignment.

4. The factoring agreement may be long-term or executed in respect of each individual case.

Article 6.904. Financier

The financier under the factoring agreement may be only the bank or any other profit-seeking legal person entitled in the procedure prescribed by laws to perform the factoring activities.

Article 6.905. The subject-matter of the factoring agreement

1. The subject-matter of the factoring agreement, in respect of which the financing is given, may include the monetary claim under which the payment term has matured (the existing claim) and the future right to receive the amounts of money (the future claim).

2. The monetary claim, which is the subject-matter of the factoring agreement, shall be defined in the agreement concluded between the financier and the client so that the existing claim would be possible to be identified at the moment of execution of the factoring agreement and the future claim - not later than at the moment it arises.

3. By assignment of the future monetary claim it is recognised such claim has passed to the financier upon arising of the right to claim from the debtor the amounts of money established in the agreement. If the assignment of the monetary claim is related to a certain event, the assignment shall be recognised as having occurred upon occurrence of such event. In such cases no additional formalisation of the monetary claim shall be required.

Article 6.906. The client's liability against the financier

1. Unless the factoring agreement provides for otherwise, the client shall be liable against the financier for the validity of the assigned monetary claim, which is the subject-matter of the agreement.

2. The monetary claim to be assigned shall be valid if the client has the right to assign such claim and the circumstances, due to which the debtor would have the right not to satisfy the claim, are unknown at the moment of the assignment.

3. If the financier demands to satisfy the monetary claim assigned to him and the debtor does not satisfy or satisfies it improperly, then the client shall be not liable for such actions of the debtor, unless otherwise established in the agreement.

Article 6.907. The invalidity of the prohibition to assign the monetary claim

1. The assignment of the monetary claim to the financier shall be also valid in cases when the agreement made between the client and the debtor prohibits or limits such action.

2. The rule established in clause 1 of this Article shall not release the client from the obligations and liability against the debtor for the breach of the condition of the agreement which prohibits or limits the assignment of the claim.

Article 6.908. Subsequent assignment of the monetary claim

1. Unless the factoring agreement provides for otherwise, the financier shall have no right to further assign the monetary claim assigned to him.

2. If the factoring agreement permits a subsequent assignment, such assignment shall accordingly be subject to the applicable norms of this Chapter.

Article 6.909. Performance of the monetary claim

1. The debtor shall pay the amounts of money to the financier if the debtor has received from the client or the financier a written notification about assignment of the monetary claim to the financier and the notification specifies the monetary claim and the financier for whom the obligation should be performed.

2. At the debtor's request, the financier shall, within the reasonable term, submit the evidence of the assignment of the monetary claim. If the financier fails to perform such obligation, the debtor shall be entitled to perform the obligation to the client.

3. The performance of the monetary claim to the financier in accordance with the rules set forth in this Article shall release the debtor from the performance of an appropriate obligation to the client.

Article 6.910. The financier's rights to the amounts of money received from the debtor

1. If the financing of the client under the factoring agreement manifests itself in the purchase of the monetary claim from the client, the financier, having purchased such claim, shall acquire the right to all the amounts received from the debtor when the latter performs the demand and the client shall be liable against the financier if the latter receives less from the debtor than he has paid to the client for the purchased claim, unless otherwise established in the agreement.

2. If the client has assigned the monetary claim to the financier in order to secure the performance of his obligations to the financier, the financier shall submit to the client the report and transfer him the amount in excess of the debt of the client secured in this way, unless otherwise established in the agreement. If the financier has received from the debtor the less amount than the client's secured debt, the client shall be liable against the financier for the remaining uncovered part of the debt.

Article 6.911. The cross claims of the debtor

1. When the financier states his claim to the debtor for the payment of the money, the debtor shall be entitled to set off his cross monetary claims, arising from the agreement between the debtor and the client, provided that the debtor already had such claims at the moment of receipt of notification of the assignment of the claim to the financier.

2. The debtor shall have no right to use for his defence in respect of the financier the claims the debtor could state to the client due to the fact that the client breached the prohibition to assign the monetary claim.

Article 6.912. The return to the debtor of the debts received by the financier

1. When the client breaches the agreement concluded with the debtor, the debtor shall have no right to demand the financier to repay the amounts the latter has already received if the debtor is entitled to receive such amounts directly from the client.

2. The debtor who has the right to recover the amounts paid to the financier directly from the client, shall have the right to demand the financier to repay such amounts if the debtor proves that the financier has not paid the amount set forth in the factoring agreement to the client or has paid it in awareness that the client did not fulfil its obligation to the debtor.

CHAPTER XLVI

BANK ACCOUNT

Article 6.913. Concept of the bank account agreement

1. By the bank account agreement the bank undertakes to accept and enter the money into the account opened by the client (the owner of the account), follow the client's instructions concerning the transfer and payment of certain amounts from the account, also to carry out any other operations performed by the bank, and the client undertakes to pay the bank for the services and operations effected.

2. The bank may dispose of the funds in the client's account provided that it secures the client's right to freely dispose of such funds.

3. The bank shall have no right to determine and control the use of the money by the client or impose any other limitations of the client's right to dispose of the funds in the account, except as provided in the law or the bank account agreement.

Article 6.914. Conclusion of the bank account agreement

1. Upon conclusion of the bank account agreement, the bank account shall be opened with the bank for the client or his indicated person subject to the terms and conditions provided for in the agreement.

2. The bank shall enter into the bank account agreement with the client who has addressed with an application to open such account, subject to the terms and conditions declared by the bank for opening of a certain type of the account which shall comply with the requirements set by laws and legal acts governing the activities of banks.

3. The bank shall have no right to refuse to open the account if the possibility for its opening is set forth in the law, operational documents of the bank or the licence issued to the bank, except for the cases when such refusal is permitted by laws.

Article 6.915. Approval of the right to dispose of the funds in the account

1. The rights of the persons entitled to dispose, in the name of the client, of the funds in the account shall be approved by the law or any other legal act and the documents stipulated in the bank account agreement, which shall be submitted to the bank in the established procedure.

2. The client shall have the right to instruct the bank to withdraw funds from the account at the request of the third persons. Such instructions shall be accepted by the bank if the client specifies in writing the necessary data allowing to identify the person who has the right to withdraw the funds from the account.

3. The bank account agreement may prescribe that the right to dispose of the funds in the account shall be approved using, by electronic means, the person's signature, code, password or other data confirming that the instruction has been given by the person entitled to do so.

Article 6.916. Operations performed by the bank

The bank shall perform all operations to the client which are established for an appropriate type of accounts by the law, other legal acts governing the activities of the bank as well as good customs of the banking, unless otherwise established in the bank account agreement.

Article 6.917. Terms for performance of operations

1. The bank shall enter into the client's account the funds not later than on the day following the day on which it received an appropriate payment document, unless the bank account agreement provides for any other term.

2. The bank shall pay or transfer the funds upon the client's instruction not later than on the day following the day on which it received an appropriate payment document, unless otherwise established in the bank account agreement.

Article 6.918. Crediting of the account

1. If the bank pays any money from the client's account in accordance with the bank account agreement, notwithstanding the fact whether or not there is any money in the account (the crediting of the account), it is admitted that the bank grants to the client the credit of an appropriate amount from the day of payment of the money.

2. The relations between the bank and the client in respect of the crediting of the account mutatis mutandis shall be governed by the norms of Chapter XLIII of this Book, unless otherwise established in the bank account agreement.

Article 6.919. Fees for bank services and operations

1. The client shall pay for the services provided and operations performed by the bank under the terms and procedure stipulated in the bank account agreement.

2. The bank shall be entitled to write off the client's account on quarterly basis the amounts owed to the bank for the services provided to the client, unless otherwise established in the bank account agreement.

Article 6.920. Interest for use of the funds in the account

The bank shall pay the client the interest set forth in the agreement for the use of the funds in the account, unless otherwise established in the bank account agreement. The interest shall be transferred to the client's account on the established terms, and if such terms are not established - upon expiration of each quarter.

Article 6.921. Set-off of mutual claims of the bank and the client

1. The monetary claims of the bank and the client related to the crediting of the account, payment for the bank services, payment of the interest, shall result in set-off unless otherwise established in the bank account agreement.

2. The set-off of the claims provided for in clause 1 of this Article shall be effected by the bank. The bank shall notify the client about the effected set-off within the term established in the agreement, and if such term is not established - within a reasonable term.

Article 6.922. The grounds for withdrawal of monetary funds from the account

1. The funds shall be withdrawn from the account upon instruction of the client.

2. Without the client's instruction, the funds may be withdrawn by the court judgement and in other cases determined by the law or the bank account agreement.

Article 6.923. Order of sequence of the withdrawal of the funds

1. If there is a sufficient amount of funds in the account to satisfy all the stated claims, the funds shall be withdrawn in the order of sequence of receipt of the clients' instructions or other documents (calendar order of sequence), unless otherwise established in the laws.

2. If the amount of the funds in the account is not sufficient to satisfy all the stated claims, the debtor shall instruct to withdraw the funds from the account in the following order:

1) in the first place to withdraw the funds according to the enforcement documents regarding the compensation of the damage incurred due to personal injury or death, and recovery of the maintenance;

2) in the second place to withdraw the funds according to the enforcement documents regarding the payments arising from employment and copyright agreements;

3) in the third place to withdraw the funds according to the payment documents establishing the payments to the budget (State, municipal or social insurance);

4) in the forth place to withdraw the funds according to the executive documents to satisfy other monetary claims;

5) in the fifth place to write off the funds according to other payment documents in the calendar order of sequence.

3. The funds subject to the claims of the same order sequence shall be written off in the calendar order of sequence of receipt of the payment documents.

4. The order of sequence for withdrawal of the funds in the cases of any enforcement proceedings, bankruptcy or other cases provided for by laws shall be established by other laws.

Article 6.924. The liability of the bank for improper performance of operations

If the bank fails to enter the received funds into the client's account on time or groundlessly withdraws them from the account, also if it does not follow the client's instructions concerning the transfer or payment of the funds from the account, the bank shall pay the client the interest set forth in the bank account agreement, and if such interest is not established - the interest set forth in Article 6.210 of this Code.

Article 6.925. The secret of the bank.

1. The bank shall secure the confidentiality of the bank account, the deposit, all related operations and the client.

2. The information constituting the secret of the bank may be disclosed only to the clients or their agents and in the cases and procedure prescribed by laws - to the relevant governmental authorities, officials and other persons.

3. If the bank discloses the secret of the bank, the client shall be entitled to claim compensation by the bank of the damages incurred thereby.

Article 6.926. Limitations on disposal of the account

It shall be prohibited to restrict the client's possibility to dispose of the funds in the account, except for the cases when the funds in the account are attached or if the operations performed by the bank are suspended in the cases and procedure prescribed by laws.

Article 6.927. Termination of the bank account agreement

1. The bank account agreement may be terminated at any time upon application of the client.

2. At the request of the bank, the bank account agreement may be terminated at any time if:

1) the amount of the funds in the clients' account decreases so that it is below the minimum amount established in the agreement, and the client does not increase it within one month from the day of the notification sent by the bank;

2) if no operations have been performed with the client's account for more than a year and unless otherwise established in the bank account agreement.

3. The balance of the funds in the account shall be released to the client or transferred upon the client's instruction to any other account not later than within five business days from the day of receipt of an appropriate written application of the client. If the client has given no instruction to transfer the funds to any other account, the bank shall transfer the funds to the internal accounts of the bank.

4. The termination of the bank account agreement shall be the ground for closing of the account. The bank account agreement shall be valid until the closing of the account.

Article 6.928. Bank accounts

The norms of this Chapter shall apply respectively to the correspondent accounts or other accounts of banks, unless otherwise established in the laws or the legal acts regulating the banking activities.

CHAPTER XLVII

SETTLEMENTS OF ACCOUNTS

SECTION ONE

GENERAL PROVISIONS

Article 6.929. Settlement in cash and non-cash

1. Settlements with participation of natural persons who are not engaged in economic-commercial activities may be effected only in cash without limitation of the amount, or in non-cash.

2. Settlements between legal persons and settlements with participation of natural persons who are engaged in economic-commercial activities shall be effected in non-cash and in the cases and procedure prescribed by laws - in cash as well.

3. Settlement in non-cash shall be effected through banks with which appropriate accounts are opened, unless otherwise established in the law or unless limited by the used settlement forms.

4. Settlements by checks and bills of exchange shall be accordingly regulated by the law on checks and law on bills of exchange.

Article 6.930. Means of settlements in non-cash

1. Settlements in non-cash shall be effected using payment orders, letters of credit, checks, bills of exchange, collection and other means of settlement established by laws.

2. The parties shall be entitled to choose and determine any means of mutual settlement established in clause 1 of this Article.

SECTION TWO

SETTLEMENTS BY PAYMENT ORDERS

Article 6.931. General provisions

1. While making settlements by payment orders the bank undertakes, subject to the payer's instruction, to transfer the indicated amount from the payer's account to any other account specified by the payer with the same bank or any other bank, within the terms established by laws or under the procedure prescribed by laws, unless the bank account agreement or operational rules of the bank provide for shorter terms.

2. The rules of this Chapter shall also apply to the settlements when the bank transfers the funds upon instruction of the person who has no account with the same bank, unless otherwise established in the laws or operational rules of the bank.

3. Settlements by payment orders shall be regulated by the laws and operational rules of the bank.

Article 6.932. Terms and conditions of performance of the payment order

1. The contents and form of the payment order as well as the same of the documents submitted along with the payment order shall comply with the requirements set forth by the laws and operational rules of the bank.

2. If the payment order fails to comply with the requirements specified in clause 1 of this Article, the bank may request to particularise the details of the payment order. Such request shall be sent by the bank to the payer immediately upon receipt of the payer's order. If within the term established by the laws or operational rules of the banks, and if no such term is established - within a reasonable term, the bank does not receive the answer to its request, the bank shall be entitled not to perform the payment order and return it to the payer unless otherwise established in the law, operational rules of the bank or the agreement made between the bank and the payer.

3. The bank shall perform the payer's order if there is money in the payer's account, unless otherwise established in the agreement made between the bank and the payer. The payment orders shall be performed observing the order of sequence of writing the funds off the account established in Article 6.923 of this Code.

Article 6.933. Performance of the order

1. The bank, having accepted the payment order, shall transfer the amount of money indicated in such order to the payee's bank for crediting of such amount to the account of the person specified in the order within the term referred to in clause 1 of Article 6.931 of this Code.

2. The bank shall be entitled to use the services of other banks for performance of the operations related to the performance of the payment order.

3. The bank shall immediately notify the payer at the latter's request about the performance of the order. The contents and form of such notification shall be established by the operational rules of the bank and the agreement made between the bank and the payer.

Article 6.934. Liability for non-performance or improper performance of the payment order

1. The bank, having failed to perform or properly perform the payment order, shall be liable under general rules of the contractual civil liability.

2. If the non-performance or improper performance of the payment order is through the fault of any other bank the services whereof have been used for performance of certain operations, the liability against the payer shall lie with the bank which accepted the payment order, unless otherwise established in the law or the agreement.

3. If the bank has unlawfully withheld the funds by reason of violation of the rules of settlement, the bank shall pay the interest set forth in Article 6.210 of this Code.

SECTION THREE

LETTER OF CREDIT

Article 6. 935. General provisions

1. In case of settlement by the letters of credit, the bank which has opened the letter of credit and acting at the request and instruction of the payer or in its own name (the bank of issue) undertakes to pay the money to the payee or accept and pay the bill of exchange issued by the payee, or authorise any other bank (the performing bank) to pay the money to the payee or accept and pay upon maturity the bill of exchange, or authorises any other bank to buy the documents (negotiate) provided that the submitted documents comply with the conditions of the letter of credit.

2. When designating the bank as performing, the bank of issue may authorise it to withdraw the total amount referred to in the documents of the letter of credit from its account with the performing bank or undertake to transfer, upon request of the performing bank, to the account indicated by the latter, or authorise the performing bank to apply to any other indicated bank for the payment.

3. The settlements by the letters of credit shall be regulated by laws and operational rules of the bank.

Article 6.936. Revocable letter of credit

1. The revocable letter of credit shall be deemed such letter of credit which may be changed or annulled by the bank of issue without prior notification to the payee.

2. The bank of issue of issue or the confirming bank (if any) shall compensate to the performing bank according to the revocable letter of credit if prior to the annulment of the letter of credit or change of the conditions the documents conforming to the conditions of the letter of credit were submitted to such bank.

Article 6.937. Irrevocable letter of credit

1. The irrevocable letter of credit shall be deemed the letter of credit which may not be changed or annulled without the consent of the bank of issue (if any) and the payee.

2. At the request of the bank of issue, any other bank which performs the operations in respect of the letter of credit may confirm the irrevocable letter of credit (the confirmed letter of credit). Such confirmation shall mean that the confirming bank undertakes, in addition to the obligation of the bank of issue, to make the payment or other operations subject to the conditions of the letter of credit.

3. The irrevocable letter of credit, confirmed by the confirming bank, may not be changed or annulled without the consent of the confirming bank.

4. Unless explicitly specified in the letter of credit whether it is revocable or irrevocable, such letter credit shall be deemed irrevocable.

Article 6.938. Performance of the letter of credit

1. For the purposes of performance of the letter of credit, the payee shall submit to the bank of issue, the confirming bank (if any) or the performing bank the documents confirming that all the conditions of the letter of credit have been performed. In case of breach of at least one of these conditions, the letter of credit shall not be performed.

2. If the performing bank has made the payment or carried out any other operation subject to the conditions of the letter of credit, the bank of issue or the confirming bank (if any) shall compensate all the damages incurred by such bank. All the expenses related to the performance of the letter of credit shall be the payer's liability.

Article 6.939. Refusal to accept the documents

1. If the bank of issue or the confirming bank (if any), or the performing bank which acts in their name, refuses to accept the documents which do not conform to the conditions of the letter of credit, such bank shall immediately notify, specifying the reasons of such refusal, the bank from which he has received the documents, or the payee if the documents have been received directly from him.

2. If the bank of issue or the confirming bank (if any) establishes that the documents fail to conform to the conditions of the letter of credit, the bank shall be entitled to refuse to accept such documents and claim from the performing bank the refunding of the amount paid to the payee in violation of the conditions of the letter of credit, along with the interest, or refuse to compensate the amounts paid.

Article 6.940. The liability of the bank for violation of the conditions of the letter of credit

1. The liability against the payee for the breach of the conditions of the letter of credit shall lie with the bank of issue, and against the bank of issue - with the confirming bank (if any) and/or the performing bank, to the exclusion of exceptions set forth in this Article.

2. If the bank of issue or the confirming bank (if any), or the performing bank which acts in their name, groundlessly refuses to pay the funds after the payee submits the documents conforming to the conditions of the letter of credit, it shall be liable against the payee.

3. If the confirming bank (if any) and/or the performing bank improperly pays the funds under the letter of credit, in violation of the conditions of the letter of credit, the liability against the payee shall lie with the confirming bank (if any) and/or the performing bank, unless otherwise established in the agreement between the payer and the bank of issue.

Article 6.941. The closing of the letter of credit

The letter of credit shall be closed:

1) upon expiration of the term of the letter of credit;

2) when the bank of issue annuls the letter of credit;

3) when the bank pays the payee the amount established in the letter of credit or performs other operations prior to expiration of its validity term.

SECTION FOUR

COLLECTION

Article 6.942. General provisions

1. Collection shall mean operations performed by the bank (the instructing bank) with the documents upon the client's order, with the purpose to receive the payment and/or the acceptation of the payment or issue the documents (upon receipt of the payment and/or acceptation of the payment or under other conditions).

2. The instructing bank, upon receipt of the client's order, may use the services of any other bank (collecting bank) for the performance of such order.

3. Liability for non-performance or improper performance of the client's order shall lie with the instructing bank, unless otherwise established in the agreement between the client and the bank.

4. The settlements by collection shall be regulated by laws and operational rules of the bank.

Article 6.943. Performance of the collection order

1. If the received collection instructions are incomplete, or if the bank cannot follow them for any reasons, or if not all the documents specified in the collection order have been received, or if the documents fail to comply with the collection order, the collecting bank or the submitting bank shall immediately notify to that effect the party from which the collection order has been received. If the deficiencies reported by the bank are not eliminated or adjusted instructions are not received, the bank shall be entitled to return the documents and refuse to perform the order.

2. The documents shall be submitted to the payer in the form in which they have been received, except the bank markings and records which are necessary for performance of the collection operation.

3. If the documents are to be paid upon their submission, the collecting bank shall submit them for payment immediately after it receives the collection order.

4. If the documents are to be paid within a certain period time, the collecting bank shall submit the documents for the payer's acceptation immediately after it receives the collection order, and shall state its request for payment not later than within the payment term specified in the document.

5. Partial payments may be accepted only in the cases provided for in laws or the collection order.

6. The collecting bank shall immediately transfer the received (collected) amounts to the instructing bank which shall enter them into the client's account. The collecting bank shall be entitled to deduct from the collected amounts the fee due to such bank and the expenses borne.

Article 6.944. Notification on operations performed

1. If the collecting bank does not receive the payment and/or the acceptation, it shall immediately notify to that effect the instructing bank and specify the reasons for which the payment has not been received or it has been refused to accept it.

2. The instructing bank shall immediately communicate the information, received from the collecting bank, to the client and request for instructions on further actions.

3. The collecting bank, if it does not receive any instructions from the instructing bank within the terms set forth in the operational rules of the bank or the agreement, and if such terms are not set forth - within a reasonable term, shall be entitled to return all the documents to the instructing bank.

CHAPTER XLVIII

PUBLIC PROMISE OF REWARD

Article 6.945. Obligation to pay reward

1. A person who has publicly promised to pay reward to a person who will perform a lawful action indicated in the announcement within the term indicated in the announcement (find a lost thing etc.), shall pay the promised reward to any person who has performed the said action.

2. A duty to pay reward shall appear on condition that the contents of the public promise allows to identify the person who gives such promise. The person who has responded to the public promise, shall be entitled to request the promise to be confirmed in writing. If the person has failed to exercise such right, he shall bear the risk of negative consequences if it turns out later that the reward was promised by any other person than indicated in the public announcement.

3. If the amount of reward is not specified in the public announcement, such amount shall be fixed by agreement of the parties, and in case of failure to reach such agreement - by judgement of the court.

4. The duty to pay the reward shall appear notwithstanding whether the person who performed the action specified in the announcement did so due to the public promise of the reward or not.

5. If the action specified in the announcement was performed by several persons, the right to reward shall be vested in the person who was the first to perform such action. When it is impossible to establish which person was the first to perform such action, or when several persons performed such action together, the reward shall be paid to such persons in equal parts, unless they agree otherwise.

6. The compliance of the action performed with the conditions indicated in the announcement shall be determined by the person who has publicly promised the reward unless otherwise established in the announcement. In case of a dispute amongst the persons, such dispute shall be resolved in court.

Article 6.946. Revocation of the public promise to pay reward

1. The person who has publicly promised to pay reward, shall be entitled to revoke it in the same way as it was made, except for the cases when:

1) the announcement itself contained the statement that it is irrevocable;

2) the promise is irrevocable in its essence;

3) a certain term is required to perform the action indicated in the announcement;

4) one or several persons have already performed the action indicated in the announcement prior to its revocation.

2. The revocation of the public promise to pay reward shall not cancel the duty of the person who has announced such promise to indemnify the damages incurred by the persons in preparation to perform the action indicated in the announcement. The amount of the damages to be indemnified, however, shall not exceed the amount of the promised reward.

CHAPTER XLIX

PUBLIC TENDER

Article 6.947. Announcement of public tender

1. The public promise of a person to pay a special remuneration (the award) for the best performance of a certain work or any other result (the announcement of tender) obligates such person to pay the promised remuneration to the person whose work or any other result according to the conditions of the tender is recognised as the winner of the tender. The tender shall also be deemed the public promise of a person to grant a special right for the best project of implementation of a certain right. Such public promise obligates the person to grant a special right to the person whose project according to the conditions of the tender is recognised the winner of the tender.

2. When announcing the tender, it shall be required to state the task, the term for fulfilment of the task, the amount of the remuneration (the award) or the special right to be granted, the place of presentation of works or projects, the procedure and time of evaluation thereof, as well as any other conditions of the tender.

3. The public tender may be announced only in order to achieve a certain public or private goal which does not contradict good morals or public order.

4. The public tender may be open - when the offer of the organiser of the tender to participate in such tender is meant for all those who wish to participate therein and is announced in press or other mass media, or closed - when the offer to participate in the tender is sent to certain persons at the discretion of the organiser of the tender.

5. The conditions of the open public tender may establish certain qualification requirements for its participants if the organiser of the tender makes a preliminary selection of the persons who express their wish to participate in the tender.

Article 6.948. The change of the tender conditions or revocation of the tender

1. It is permitted to change the tender conditions or revoke the tender only in the first half of the term set for the delivery of works.

2. Notification on the change of the tender conditions shall be given to the participants of the tender in the same procedure as the announcement of the tender.

3. After the change of the tender conditions or its revocation, the organiser of the tender shall compensate the expenses incurred by each person who had performed the work stipulated in the conditions of the tender prior to the moment when he learnt or should have learnt about the change of the tender conditions or its revocation.

4. The organiser of the tender shall be dismissed from the compensation of the expenses stipulated in clause 3 of this Article if he proves that the work performed was not related to the tender (prior to the announcement of the tender) or does not conform to the conditions of the tender.

5. If during the change of the tender conditions or its revocation the requirements set forth in clauses 1 and 2 of this Article were breached, the organiser of the tender shall pay the remuneration to the person who performed the work conforming to the conditions of the tender.

Article 6.949. Resolution to pay remuneration (award) or grant a special right

1. The resolution to pay remuneration (award) or grant a special right shall be accepted and communicated to the participants of the tender while announcing the established terms and procedure of the tender.

2. If two or more persons (co-authors, collective of performers) are recognised as the winner of the tender, the remuneration to them shall be apportioned in the procedure established by agreement of such persons, and in case of a dispute among them the remuneration shall be apportioned by court based on the contribution of each of such persons.

3. If one award is allotted for two or more persons, it shall be apportioned in the procedure established in the rules of the tender, and if the rules of the tender do not provide for such procedure - in equal parts unless otherwise agreed by the winners themselves.

Article 6.950. Use of the works of science, literature, art and architecture awarded under the tender

If the subject-matter of the public tender was to create the work of science, literature, art or architecture, then the person who has announced the public tender shall acquire the priority right to enter with the winner of the tender into agreement on use of the created work and payment of the relevant remuneration to the author of the work, unless the conditions of the tender provide for otherwise.

Article 6.951. The return of the presented works or projects to the participants of the tender

The person who has announced the tender shall return to the participants of the tender the works or projects for which remuneration (award) is not assigned or the right is not granted, unless otherwise established while announcing the tender.

Article 6.952. Indemnification of damages to the participants of the tender due to non-observance of the rules of the tender by the person who has announced the tender

1. If the person who has announced the tender does not observe the announced procedure or terms for evaluation of the works or projects, the author of the presented work or project which complies with other the requirements of the tender shall acquire the right to receive compensation of the damages incurred to him.

2. If a special right (rights) is not (are not) granted to the winner of the tender, the winner shall be entitled to compensation of the damages incurred to him.

CHAPTER L

TRUST OF PROPERTY

Article 6.953. Concept of the property trust agreement

1. By the property trust agreement one party (the trustor) shall assign to the other party (the trustee) its property by the trust right for a certain period of time, and the other party undertakes to possess, use and dispose of such property in the interests of the trustor or its designated person (the beneficiary).

2. The assignment of property to any other person by the trust right shall not change the ownership right to the property. The trustor shall remain the owner of the assigned property.

Article 6.954. The contents of the property trust right

1. The contents of the property trust right is established by Article 4.106 of this Code.

2. The law or agreement may impose limitations on the rights of the trustee to possess, use or dispose of the property.

Article 6.955. Conclusion of transactions

1. The trustee shall conclude the transactions, related to the property assigned to him by the property right, in his own name, however specifying that he acts by the property trust right. The fact of the trust right shall be disclosed in the form established for the transaction to be concluded.

2. If the trustee fails to perform the obligation referred to in clause 1 of this Article, he shall be liable against third persons by his property.

Article 6.956. Objects of the trust right

1. The objects of the trust right may be movable and immovable things, securities or any other property.

2. The State or municipal property which is possessed, used or disposed of by a State or municipal enterprise, institution or organisation, shall not be assigned to any other person by the trust right, except for the cases when such enterprise, institution or organisation is liquidated or reorganised, as well as other cases provided for by the law.

Article 6.957. The founder of the trust right (trustor)

The founder of the trust right (trustor) may be the owner of the property or any other person established by law who is vested with such right.

Article 6.958. Trustee

1. The trustee may be a natural or legal person.

2. The law may establish the persons who are not entitled to be trustees.

3. The trustee may not be sole beneficiary under the property trust agreement.

Article 6.959. Essential conditions of the property trust agreement

1. The property trust agreement shall specify:

1) the property assigned by the trust right;

2) the trustor, the trustee, and if the agreement is made for the benefit of the third person (beneficiary) - the beneficiary;

3) the remuneration of the trustee and the procedure for its payment if the remuneration is set fort in the agreement;

4) the validity term of the agreement.

2. The property trust agreement shall be concluded for the term not exceeding twenty years. The law may also establish longer maximum terms for the validity of the agreement.

3. If upon expiration of the validity term of the agreement neither party states its wish to terminate the agreement, the agreement shall be deemed extended on the same conditions for the same term.

Article 6.960. The form of the property trust agreement

1. The property trust agreement shall be made in writing.

2. The immovable property trust agreement shall be in a notary form. It may be used against third persons only if it is registered with the public register in the procedure prescribed by laws.

3. The non-compliance with the requirements set in respect of the form of the agreement shall make the trust agreement null and void.

Article 6.961. Separation of property

1. The property assigned to the trustee by the trust right shall be separated from the property of the trustor and the trustee. The trustee shall make and manage the accounting (the balance-sheet) of the property assigned to it, and shall open a separate bank account for settlements.

2. It shall be prohibited to recover from the property assigned by the trust right subject to the actions brought by the creditors of the trustor, except for the cases when bankruptcy proceedings are instituted against the trustor or the trustor becomes insolvent. After institution of bankruptcy proceedings against the trustor or his becoming insolvent, the property trust right shall expire and the property shall be returned to the trustor.

Article 6.962. The assignment of the mortgaged (pledged) property by the trust right

1. The assignment of the mortgaged (pledged) property to any other person by the trust right shall not deprive the mortgagee (pledgee) of the right to recover from such property.

2. The trustee shall be informed that the property assigned to it is mortgaged (pledged). If the trustee did not or could not know about the mortgage (pledge) of the property, he shall be entitled to claim the termination of the property trust agreement or be paid the remuneration and compensation of the loss.

Article 6.963. The rights and duties of the trustee

1. The trustee, complying with the law and agreement, shall exercise the owner's rights to the property assigned to him by the trust right.

2. All the rights acquired by the trustee in exercising the owner's rights shall be an integral part of the property assigned to it. The obligations arising in the course of activities carried out by the trustee shall be fulfilled using the property assigned to him.

3. The trustee shall be entitled to protect the trust right in the same ways as are used while protecting the possession and the ownership right.

4. The trustee shall submit the report on his activities to the trustor and the beneficiary in the procedure and terms established in the agreement. If the term for submission of the report is not provided, the report shall be submitted once a year. The owner shall have the right to control the trustee's activities at any time.

Article 6.964. Duty to perform the agreement personally

1. The trustee shall personally possess, use and dispose of the property assigned to him, to the exclusion of exceptions established in clause 2 of this Article.

2. The trustee shall be entitled to authorise any other person to perform certain actions required in respect of possession of the property provided that this is stipulated in the agreement or a prior written consent to that effect has been received from the trustor, or if it is necessary in order to protect the interests of the trustor or the beneficiary and it was not possible to receive the consent from the trustor within a reasonable term.

3. The trustee shall be liable for the actions of the person whom he has authorised to perform such actions, as if it were the actions of the trustee himself.

Article 6.965. The trustee's liability

1. The trustee which has failed to duly, in the interests of the trustor and the beneficiary, take care of the property assigned to him, shall indemnify to the beneficiary and the trustor the damages incurred due to the loss or damage of profit as well as the loss of income.

2. The trustee shall be released from compensation of the damages if he proves that the loss has been incurred due to force majeure circumstances or the actions of the trustor or the beneficiary.

3. If the trustee concludes the transaction in excess of the powers granted to him or in violation of limitations established in the agreement, he shall be personally liable under such transaction. If any third persons did not or could not know about the abuse of powers or violation of limitations, this will cause the appearance of the legal consequences set forth in clause 4 of this Article. In such case the trustor shall be entitled to claim from the trustee the compensation of the damages.

4. The debts under obligations which accrued during possession, usage and disposal of the property by the trust right, shall be covered from the entrusted property. If such property is not sufficient, the recovery shall be made from the trustee's property, and when the latter property is not sufficient - from any other property of the trustor.

Article 6.966. Remuneration for the trustee

The trustee shall be entitled to the remuneration set in the agreement and compensation of obligatory expenses from the proceeds from the property assigned to him, unless otherwise established in the agreement.

Article 6.967. The expiration of the property trust agreement

1. The property trust agreement shall expire in the following cases:

1) When the beneficiary dies or is liquidated, unless otherwise established in the agreement;

2) when the beneficiary waives the benefit received under the agreement, unless otherwise established in the agreement;

3) when the trustee dies, is recognised as legally incapable, of limited legal capacity or untraceable, or is liquidated;

4) when bankruptcy proceedings are instituted against the trustor;

5) when the trustor or the trustee waives the agreement because the trustee in not in a position to fulfil the agreement itself;

6) when the trustor waives the agreement on any other grounds and pays the trustee the remuneration established in the agreement and compensates the necessary expenses incurred by virtue of termination of the agreement.

2. Any party that wishes to waive the agreement shall give the other party six-month prior written notification to that effect, unless the agreement establishes any other term.

3. Upon expiration of the property trust agreement, the trustee shall return the property to the trustor, unless otherwise established in the agreement.

Article 6.968. Peculiarities of the property trust right

Laws may establish certain peculiarities of the property trust right when the trustee is a State or municipal enterprise, institution or organisation, also when the trust right appears on any other grounds than under the agreement.

CHAPTER LI

JOINT ACTIVITIES (PARTNERSHIP)

Article 6.969. Concept of the agreement on joint activities (partnership)

1. By the agreement on joint activities (partnership) two or more persons (partners), co-operating their property, work or knowledge, undertake to act jointly for a certain goal or certain activities which do not contravene the law.

2. The agreement on joint activities can also serve as the basis for establishment of partnerships.

3. The goal of the joint activities is not related to the seeking of profit, the agreement on joint activities is called the association agreement.

4. The agreement on joint activities (partnership) shall be made in writing, and in the cases prescribed by the law - in notary form. If the requirements set for the form of the agreement are not satisfied, the agreement shall become null and void.

Article 6.970. Contributions of the partners

1. A contribution of a partner shall be deemed everything such partner contributes to the joint activities - money, any other assets, professional or any other knowledge, skills, reputation and business relations.

2. It is presumed that the contributions of the partners are equal unless otherwise established in the agreement on joint activities. A contribution shall be assessed in money by agreement of all partners.

Article 6.971. Joint ownership of partners

1. The property contributed by the partners, which was previously their ownership, also the production received during joint activities, income and results, shall be joint-partial ownership of all the partners, unless otherwise established in the law or the agreement on joint activities.

2. If the contributed property previously was not the ownership of a partner, and the partner uses such property on any other grounds, this property shall be used in the interests of all the partners and shall also be deemed the property which is jointly used by all the partners, unless otherwise established in the law.

3. One of the partners appointed by joint agreement of all the partners shall be in charge of the accounting of the joint property.

4. The joint property shall be used, possessed and disposed of by joint agreement of all the partners. In case of a dispute, at the request of any of the partners the procedure shall be established by the court.

5. The obligations of the partners related to the maintenance of the joint property, and the coverage of any other expenses, shall be established in the agreement on joint activities.

Article 6.972. Management of joint affairs

1. While managing joint affairs, each of the partners shall be entitled to act on behalf of all the partners, unless the agreement on joint activities provides that joint affairs shall be managed by one of the partners or all the partners together. If the affairs may be managed only by all the partners together, the conclusion of each transaction shall require the approval by all the partners.

2. In case of relations with the third persons, the right of a partner to conclude the transactions on behalf of all the partners shall be approved by the power of attorney issued by the remaining partners or the agreement on joint activities.

3. In case of relations with the third persons, the partners shall not rely on limitations of the rights of the partner, who has concluded the transaction, to act on behalf of all the partners, except for the cases when they prove that at the time of conclusion of the transaction the third person knew of should have known about such limitations.

4. The partner who has concluded the transaction on behalf of all the partners in abuse of the powers granted to him or who has concluded the transaction in his own name in the interests of all the partners, shall be entitled to claim from the other partners the indemnification of the loss incurred if he proves that such transactions were necessary in order to protect the interests of the other partners. The partners who have incurred the damages by virtue of such transactions shall be entitled to claim from the partner, who has concluded such transactions, the compensation of such damages.

5. The decisions related to the joint affairs of the partners shall be adopted by joint agreement of the partners, unless otherwise established in the agreement on joint activities.

Article 6.973. The right of the partners to information

Each partner shall be entitled to have access to the documents concerning the management of the joint affairs, notwithstanding whether or not he has the right to manage the joint affairs. Any agreements imposing limitations on, or cancelling, the above-mentioned right shall be void.

Article 6.974. Joint expenses and joint damages

1. The distribution of joint expenses and joint damages, related to the joint activities, shall be established in the agreement on joint activities. Absent such agreement, each partner shall be liable for the joint expenses and joint damages in proportion to the amount of his part of such expenses or damages.

2. The agreement which fully releases one of the partners from the coverage of the joint expenses or joint loss shall be null and void.

Article 6.975. The liability of partners under joint obligations

1. If the agreement on joint activities is not related to the economic-commercial activities of the partners, each partner shall be liable under joint contractual obligations to the extent of all his property in proportion to his part of such obligations.

2. Under the joint non-contractual obligations the partners shall be solidarily liable.

3. If the agreement on joint activities is related to the economic-commercial activities of the partners, all the partners shall be solidarily liable under the joint obligations, notwithstanding the ground for appearance of such obligations.

Article 6.976. Distribution of profit

1. The profit, obtained from the joint activities, shall be distributed among the partners in proportion to the value of the contribution of each of them into the joint activities, unless otherwise established in the agreement on joint activities.

2. The agreement to exclude any of the partners while distributing the profit shall be null and void.

Article 6.977. The separation of the interest of a partner

The creditors of a partner shall be entitled to claim the separation of the partner's interest from the joint property pursuant to the rules established in Book Four of this Code.

Article 6.978. The expiration of the agreement on joint activities

1. The agreement on joint activities shall expire:

1) when one of the partners is recognised as legally incapable, of limited legal capacity or untraceable, unless the agreement on joint activities or later arrangement of the remaining partners establishes to retain the agreement on joint activities among the remaining partners, except for the cases when the agreement on joint activities is valid without the above mentioned partner;

2) when bankruptcy proceedings are instituted against one of the partners, to the exclusion of exceptions established in sub-clause 1 of this clause;

3) in case of death or liquidation or reorganisation of one of the partners, unless the agreement on joint activities or later agreement of the remaining partners establishes to retain the agreement on joint activities among the remaining partners or substitute the deceased (liquidated or reorganised) partner with his legal successors;

4) when one of the partners refuses to continue as a participant of the non-term agreement on joint activities, to the exclusion of exceptions established in sub-clause 1 of this clause;

5) when the fixed-term agreement on joint activities is terminated at the request of one of the partners, to the exclusion of exceptions established in sub-clause 1 of this clause;

6) upon expiration of the validity term of the agreement on joint activities;

7) upon separation of the interest of one of the partners from the joint property at the request of his creditors, to the exclusion of exceptions established in sub-clause 1 of this clause;

2. Upon expiration of the agreement on joint activities, the things assigned for the joint use by all the partners shall be gratuitously returned to the partners who have assigned them, unless otherwise agreed by the parties.

3. From the moment of expiration of the agreement on joint activities, its participants shall be solidarily liable against the third persons for the outstanding joint obligations.

4. The property which is the joint ownership of the partners after termination of the agreement on joint activities shall be distributed in accordance with the rules established in Book Four of this Code.

5. The partner who has contributed a distinctive thing after expiration of the agreement on joint activities shall be entitled to demand to return him the thing unless the interests of other partners and creditors are infringed by such return.

Article 6.979. Waiver of the non-term agreement on joint activities

1. The partner who wishes to waive the non-term agreement on joint activities shall notify to that effect the other partners at least three months prior to such withdrawal, unless otherwise established in the laws or the agreement.

2. The agreements imposing the limitations on the right of the partners to waive the non-term agreement on joint activities or cancelling such right, shall be null and void.

Article 6.980. Termination of the agreement on joint activities at the request of one of the partners

1. One of the partners shall be entitled to terminate the agreement concluded with other partners, fixed-term or made for a certain goal, if:

1) other partners are in material breach under such agreement;

2) the partner who wishes to terminate the agreement cannot perform the agreement for important reasons;

2. The partner who has terminated the agreement shall indemnify to the other partners the direct damages incurred by virtue of such termination.

3. After termination of the agreement by one of the partners, the agreement shall remain in force in respect of the other partners, to the exclusion of the exceptions established in sub-clause 1 of clause 1 of Article 6.978 of this Code.

Article 6.981. Liability of the partner who has terminated the agreement on joint activities

If the agreement on joint activities is terminated upon refusal of one of the partners to be a participant of the agreement, or at the request of one of the partners, the person who is no longer a participant of the agreement on joint activities shall be liable against third persons under the obligations which appeared while he was a participant of the agreement on joint activities as if he were a partner.

Article 6.982. Undeclared partnership

1. The agreement on joint activities may stipulate that a partner (partners) shall be not avowed to third persons (the secret partnership). Such agreement shall be governed by the rules of the present Chapter, to the exclusion of the exceptions established in the agreement and this Article.

2. In case of relations with the third persons, each of the undeclared partners shall be liable to the extent of all his property under all the transactions he has concluded in his own name in the interests of all the partners.

3. All the obligations arising among the partners during their joint activities shall be partial.

CHAPTER LII

PEACEFUL SETTLEMENT AGREEMENT

Article 6.983. Concept of the peaceful settlement agreement

1. By the peaceful settlement agreement the parties shall resolve, by making mutual allowances, an existing judicial dispute, preclude a judicial dispute in the future, resolve an issue of enforcement of the court judgement or any other controversial matters.

2. The obligation of the parties arising from the peaceful settlement agreement in respect of its subject-matter shall be deemed indivisible.

3. The peaceful settlement agreement shall be in made in writing. The non-compliance with such requirement shall make the agreement null and void.

Article 6.984. The cases when the peaceful settlement agreement is not valid

The peaceful settlement agreement regarding the legal status or legal capacity of persons, regarding the matters regulated by the imperative norms of law, as well as regarding the matters related to public order, shall be void.

Article 6.985. The effect of the peaceful settlement agreement

1. The peaceful settlement agreement, upon approval by the court, shall have the effect of the final judgement (res judicata).

2. The peaceful settlement agreement, upon approval by the court, shall be an enforceable document.

Article 6.986. Recognition of the peaceful settlement agreement as void

1. The peaceful settlement agreement may be recognised as null and void due to essential inequality of its parties (Article 6.228 of this Code), as well as on other grounds of invalidity of transactions.

2. If the peaceful settlement agreement is made based on the transaction which was not in force at the time of making of the peaceful settlement agreement, such peaceful settlement agreement shall be null and void.

3. If the peaceful settlement agreement is made based on written documents which later appear as fake, such peaceful settlement agreement shall be null and void.

4. The peaceful settlement agreement shall be null and void if at the moment of making of the peaceful settlement agreement one or both parties did not know that the issue, which is the subject-matter of the peaceful settlement agreement, had already been resolved by the res judicata court judgement.

5. The peaceful settlement agreement shall be void if after its execution there appear the documents confirming that one of the parties to the peaceful settlement agreement is not or was not entitled to what is recognised as belonging to it by the peaceful settlement agreement.

6. The error of the parties in respect of the legal norms, except for the imperative legal norms, shall not be the ground to recognise the peaceful settlement agreement as void.

CHAPTER LIII

INSURANCE

Article 6.987. Concept of the insurance agreement

By the insurance agreement one party (the insurer) undertakes to pay, subject to the insurance contribution (premium), established in the agreement, to the other party (the insured) or the third person for whose benefit the agreement has been made, the insurance indemnity established in the insurance agreement to be calculated in the procedure prescribed in the insurance agreement, if an insured event set forth in the law or the insurance agreement occurs.

Article 6.988. Forms and branches of insurance

1. Insurance may be compulsory and voluntary.

2. The branches of insurance shall be life and non-life insurance.

3. The types and conditions of insurance as well as the branches of insurance and the interests of insurance shall be governed by other laws.

4. Only the interests protected by laws may be insured.

Article 6.989. The form of the insurance agreement

1. The insurance agreement shall be made in writing.

2. The insurance agreement shall be approved by the insurance certificate (policy).

Article 6.990. The procedure for execution of the insurance agreement

1. The insurance agreement shall be made when the insurer accepts the proposal (application) of the insured submitted to the insurer, or when the insured accepts the insurer's proposal to enter into the agreement. In the cases determined by the rules of the type of insurance, the application of the insured shall be made in writing. In such case the form and the contents of the written application shall be determined by the insurer.

2. The insured shall be liable for the accuracy of the data submitted in the proposal (application). Upon conclusion of the insurance agreement, the written application by the insured shall become an integral part of the insurance agreement.

Article 6.991. The insurance certificate (policy)

1. The insurance certificate (policy) shall contain:

1) the number of the insurance certificate (policy);

2) the name and the address of the insurer's office;

3) the name, surname or title of the insured, covered person or beneficiary;

4) the group of insurance and the name and number of the rules of a certain type of insurance;

5) the object of insurance;

6) the amount of insurance, except for the cases when the specific amount of insurance is not established;

7) the insurance premium and the terms for its payment;

8) the type of insurance;

9) the validity term of the insurance agreement;

10) the record that the insured is familiar with the rules of the type of insurance and has received a copy thereof;

11) the signature of the person authorised by the insurer to conclude the insurance agreement and the seal of the insurer, or the facsimile copies thereof;

12) the date of issue of the insurance certificate (policy);

2. The procedure for the registration and protection of the insurance certificates (policies) shall be established by laws.

3. If the insurance certificate (policy) fails to conform to the contents of the written application by the insured, and the agreement was made by accepting the application of the insured to enter into such agreement, the written application of the insured shall prevail.

Article 6.992. The execution of the insurance agreement according to standard conditions

1. If the insurance agreement is made according to the rules of the type of insurance drafted in the procedure prescribed by laws, the insurance agreement shall accordingly be governed by Articles 6.185-6.187 of this Code.

2. The insurer shall provide the conditions for public acquaintance with the rules of the type of insurance and, prior to execution of the insurance agreement, shall submit their copies to the insured.

Article 6.993. The obligation to disclose information

1. Prior to entering into the insurance agreement, the insured shall provide to the insurer all the held information about the circumstances which can have material effect on the probability of occurrence of the insured event and the amount of potential loss in respect of such event (the risk of insurance), if the insurer does not and should not know such circumstances.

2. Material circumstances about which the insured shall inform the insurer shall be deemed the circumstances indicated in the standard conditions of the insurance agreement (rules of the type of insurance), as well as the circumstances on which the insurer has requested in writing the insured to provided information.

3. If the insured fails to give a written answer to the inquiry by the insurer about certain circumstances, and the insurer, notwithstanding this fact, has entered into the insurance agreement, the insurer shall lose the right to claim the termination of the insurance agreement or recognise it as void based on the fact that the insured did not furnish him the information.

4. If after execution of the insurance agreement it is established that the insured has furnished to the insurer a knowingly misleading information about the circumstances stipulated in clause 1 of this Article, the insurer shall be entitled to claim the recognition of the insurance agreement as void, except for the cases when the circumstances, which have been concealed by the insured, disappeared prior to the insured event or had no effect on the insured event.

5. If after the execution of the insurance agreement it established that the insured through negligence has failed to submit the information stipulated in clause 1 of this Article, the insurer shall, not later than within two months from becoming aware of such circumstances, propose the insured to change the insurance agreement. If the insured refuses to do so and does not respond to the submitted proposal within one month (in case of life insurance - within two months), the insurer shall be entitled to claim termination of the insurance agreement.

6. If the insured through negligence has failed to provide the information stipulated in clause 1 of this Article, the insurer, upon occurrence of the insured event, shall pay a portion of the insurance indemnity to be paid to the insured subject to the fulfilment of the obligation provided for in clause 1 of this Article, which shall be proportionate to the ratio of the agreed insurance premium and the insurance premium which would have been established for the insured if the latter had fulfilled the obligation stipulated in clause 1 of this Article.

7. If the insurer, being aware of the circumstances which have not been reported by the insured through negligence, had not executed the insurance agreement, the insurer, within two months from his becoming aware that the insured has not submitted the information stipulated in clause 1 of this Article through negligence, shall be entitled to claim termination of the insurance agreement. Upon occurrence of the insured event, the insurer shall be entitled to refuse to pay the insurance indemnity only if he proves that not a single insurer, being aware of the circumstances which have not been indicated by the insured through negligence, would have executed the insurance agreement.

8. During the execution and validity term of the insurance agreement the insurer shall provide the insured the following information: the name of the insurer, the type of the insurance company, the address of the insurer's division or the insurer's representative (if the insurance agreement is executed in any other place than the insurer's registered office), the procedure for settlement of the disputes arising from or related to the insurance agreement, the behaviour of the insurer when the insured breaches the conditions of the insurance agreement, possible cases of increase of the risk of insurance as well as other information referred to in the legal acts regulating the insurance activities.

Article 6.994. The right of the insurer to evaluate the risk of insurance

1. Before execution of the insurance agreement the insurer shall be entitled to inspect the property to be insured, and, if necessary, to appoint, at own cost, the expertise for determination of its value.

2. If the insurance interest is related to the life and health of a natural person, the insurer shall be entitled to demand from the insured the documents confirming the age, condition of health, profession of the insured (covered person), and other circumstances relevant for the risk of insurance.

Article 6.995. Confidentiality of information

The insurer shall have no right to disclose information, obtained in the course of his insurance activities, about the insured, the covered person or the beneficiary, their health condition and property status, as well as other confidential information established in the insurance agreement, to the exclusion of exceptions stipulated by laws. The insurer, having breached such obligation, shall indemnify to the insured, the covered person or the beneficiary the property and non-property loss incurred.

Article 6.996. The coming into force of the insurance agreement

1. The insurance agreement, unless it provides for otherwise, shall come into force from the moment of payment by the insured of full insurance contribution (premium) or the first instalment thereof.

2. If the insured fails to pay the insurance contribution (premium) stipulated in clause 1 hereof, the insurance agreement shall terminate, unless otherwise established in the agreement.

3. Insurance shall be applied to all insured events which occurred after coming into force of the insurance agreement, unless otherwise established in the agreement. If the insurance agreement establishes to apply insurance also to the insured events which occurred prior to the coming into force of the insurance agreement, such condition shall be valid if the parties to the insurance agreement were not aware of the insured event which occurred prior to the coming into force of the insurance agreement.

Article 6.997. The amount of insurance

1. The amount of insurance of property interests and the amount of the insurance indemnity (the amount of insurance) the insurer undertakes to pay, shall be established by agreement of the parties to the insurance agreement or by the law.

2. In case of non-life insurance, to the exclusion of exceptions provided for by laws, the amount of insurance shall not exceed the actual value of the property insured or the property risk (the value of insurance).

Article 6.998. Contesting of the amount of insurance

The amount of insurance indicated in the insurance agreement may not be contested after execution of the agreement, except for the cases when the insurer, having failed to exercise his right to evaluate the risks of insurance, was defrauded due to indication of the knowingly misleading value of insurance or an arithmetic or spelling mistake.

Article 6.999. Partial insurance

1. If the amount of insurance established in the non-life insurance agreement, except for cases provided for by laws, is less than the value of insurance, then upon occurrence of the insured event the insurer shall indemnify to the insured (the beneficiary) a portion of the damages incurred in proportion to the ratio of the amount of insurance and the value of insurance.

2. The insurance agreement may also establish a bigger insurance indemnity not exceeding, however, the value of insurance.

Article 6.1000. Additional insurance

If only a portion of the value of property or risk (insurance) is insured in the non-life insurance agreement, except for cases stipulated by laws, the insured (the beneficiary) shall be entitled to additionally insure them by entering into an additional insurance agreement with the same or any other insurer. However, in such cases the total amount of insurance under all insurance agreements may not exceed the value of insurance.

Article 6.1001. Legal consequences of the insurance which exceeds the value of insurance

1. If the amount of insurance, specified in the insurance agreement, exceeds the value of insurance, the insurance agreement shall be void in respect of the portion of the insurance amount which exceeds the value of insurance. However, the paid insurance indemnity which exceeds the value of insurance may not be recovered.

2. If the insurance contributions (premiums) are paid on regular basis and, upon establishment of the circumstances stipulated in clause 1 of this Article, the insurance contribution (premium) has not been fully paid, the remaining payable amount of the insurance contribution (premium) shall be reduced in proportion to the amount of the reduction of the amount of insurance.

3. If the insurance amount is increased through the fraud of the insured, the insurer shall be entitled to demand to recognise the insurance agreement void and indemnify all the loss incurred to the extent such loss is not covered by the received insurance contribution (premium).

4. The rules of this Article shall also apply in the cases when the amount of insurance exceeds the value of insurance having insured the same object under several insurance agreements with different insurers (double insurance). In such case the insurance indemnity to be paid by each of the insurers shall be reduced in proportion to the reduction of the insurance amount under an appropriate insurance agreement.

Article 6.1002. Insurance against various risks

1. The object of insurance may be insured against different risks executing one or several insurance agreements with the same or different insurers. In such case the total amount of insurance under all insurance agreements shall be permitted to exceed the value of insurance.

2. If the obligation of the insurers to pay the insurance indemnity for the same consequences of the same insured event is stipulated under several insurance agreements made pursuant to clause 1 of this Article, there shall appear the consequences set forth in Article 6.1001 of this Code.

Article 6.1003. Coinsurance

The object of insurance may be insured under one insurance agreement jointly by several insurers (the coinsurance). Unless the insurance agreement provides for the rights and obligations of each of the insurers, in such case all the insurers shall be liable against the insured (the beneficiary) jointly and severally for the payment of the insurance indemnity.

Article 6.1004. Insurance contribution (premium)

1. The insured (the beneficiary) shall pay for the insurance protection to the insurer, subject to the terms set forth in the agreement or law, the established amount or amounts of money (the insurance contribution (premium))

2. The insurance agreement may establish that the insurance contribution (premium) shall be paid at once or regularly on the terms stipulated in the agreement. When the insurance contribution (premium) is paid regularly, the insurance agreement shall provide for the legal consequences of failure to make a regular contribution within the established term.

3. If the insured event occurs prior to the making of the insurance contribution (premium) which payable, the insurer shall be entitled to set-off the outstanding amount against the insurance indemnity.

Article 6.1005. The substitution of the covered person

The insured shall be entitled to substitute the covered person with any other person only upon receipt of the written consent of the insurer, unless otherwise established in the insurance agreement.

Article 6.1006. Substitution of the beneficiary

1. The insured shall be entitled to substitute the beneficiary indicated in the insurance agreement with any other person, to the exclusion of exceptions stipulated in laws or the agreement, upon prior written notification to the insurer.

2. If the beneficiary has been appointed upon consent of the covered person, the beneficiary may be substituted only upon consent of the covered person.

3. The beneficiary may not be substituted with any other person if he has fulfilled any obligations under the insurance agreement or claimed the insurer to pay the insurance indemnity.

Article 6.1007. Performance of the insurance agreement when there are both the insured and the beneficiary

1. If the insurance agreement is concluded for the benefit of the third person (the beneficiary), the liability against the insurer for the performance of the agreement shall lie with the insured, unless otherwise established in the insurance agreement.

2. The insurer shall be entitled to request the insurance agreement to be performed by the beneficiary if the insured has not performed the agreement, and the beneficiary shall claim the insurer to pay the insurance indemnity.

Article 6.1008. Substitution of the insurer

1. The insurer shall be entitled to assign its rights and duties under the insurance agreement to any other insurer or insurers in the procedure prescribed by the insurance agreement, upon receipt of the permission from an appropriate State authority which exercises the supervision of insurance.

2. The insurer shall give two-month prior notification to the insured about its intention to assign its rights and duties, unless a longer term is provided for in the insurance agreement.

Article 6.1009. The termination of the insurance agreement prior to the term

1. The insurance agreement may be terminated prior to its validity term established therein if after the coming into force of the agreement the possibility for occurrence of the insured event or the insured risk disappeared due to the circumstances which are not related to the insured event (the object of insurance perished for the reasons not related to the insured event etc.).

2. The insured shall be entitled to terminate the insurance agreement in any case.

3. If the insurance agreement is terminated on the ground established in clause 1 of this Article, the insurer shall be entitled to the portion of the insurance contribution (premium) which is proportionate to the validity term of the insurance agreement.

4. If the insured terminates the insurance agreement prior to the term, the insurance contribution (premium) paid to the insurer shall not be refunded, unless otherwise established in the insurance agreement.

Article 6.1010. Increase and decrease of the insurance risk

1. If during the validity term of the insurance agreement the circumstances stipulated in the insurance agreement change essentially, causing the increase or possible increase of the insurance risk, the insured shall notify the insurer to that effect immediately upon learning about such changes.

2. The insurer which been notified about the increase of the insurance risk shall be entitled to request to change the conditions of the insurance agreement or increase the insurance contribution (premium). If the insured in such case disagrees to change the conditions of the insurance agreement or pay bigger insurance contribution (premium), the insurer shall be entitled to apply to court for termination or amendment of the insurance agreement upon essential change of the circumstances (Article 6.204 of this Code).

3. If the insured fails to fulfil the obligation stipulated in clause 1 of this Article, the insurer shall be entitled to request to terminate the agreement and indemnify the loss to the extent such loss is not covered by the received insurance contribution (premium). However, the insurer shall have no right to request to terminate the insurance agreement if the circumstances which could cause the increase of the insurance risk have disappeared.

4. If during the validity term of the insurance agreement the circumstances established in the agreement change, causing the decrease or possible decrease of the insurance risk, the insured shall be entitled to request to change the conditions of the insurance agreement or reduce the insurance contribution (premium). If the insurer in such case disagrees to change the conditions of the insurance agreement or pay the reduced insurance contribution (premium), the insured shall be entitled to apply to court for termination or amendment of the insurance agreement upon essential change of the circumstances (Article 6.204 of this Code).

Article 6.1011. The change of the owner of the insured property

1. If the ownership right to the insured property passes from the person, in whose interests the insurance agreement has been made, to any other person, then the rights and obligations under the insurance agreement shall go over to the new owner of the insured property, except for cases when the property from the original owner is taken in compulsory procedure or the insurance agreement provides for otherwise.

2. The new owner of property shall immediately notify the insurer in writing about the assignment of the ownership right.

Article 6.1012. The obligation of the insured to notify about the insured event

1. The insured, having learnt about the insured event, shall notify the insurer or its representative to that effect within the term and in the way stipulated in the agreement. The beneficiary shall have the same obligation if he knows about the insurance agreement concluded for his benefit and intends to exercise his right to the insurance indemnity.

2. If the insured (the beneficiary) fails to fulfil the obligation set forth in clause 1 of this Article, the insurer shall be entitled to refuse to pay the insurance indemnity or reduce it in consideration of whether the insured has failed to fulfil his obligation wilfully or through negligence, except for the cases when it is proved that the insurer has learnt about the insured event in a timely manner or when the failure to notify about the insured event has not effect on the insurer's obligation to pay the insurance indemnity.

Article 6.1013. The obligation to take measures to mitigate the loss

1. Upon occurrence of the insured event, the insured shall take reasonable accessible measures to mitigate the potential damage, following the insurer's instructions provided that such instructions have been given to the insured.

2. The necessary expenses incurred by the insured while mitigating the damage or following the insurer's instructions, shall be covered by the insurer, notwithstanding that appropriate measures have caused no positive result. Such expenses shall be covered in proportion to the ratio between the amount of insurance and the value of insurance, notwithstanding that the expenses, together with the amount of the loss, exceed the amount of insurance.

3. The insurer shall be released from compensation of the damages if the damage was caused by the wilful failure of the insured to take reasonable accessible measures to mitigate or avoid such damage.

Article 6.1014. Release from the payment of the insurance indemnity

1. The insurer shall be released from the payment of the indemnity if the insured event has occurred through a malicious act of the insured, covered person or the beneficiary, to the exclusion of the exceptions established in clauses 3 and 4 of this Article. The insurer shall pay the insurance indemnity if malicious acts or omission are socially valuable (self-defence, performance of a civil duty etc.).

2. The law may determine cases in which the insurer shall be released from the payment of the insurance indemnity due to the fact that the insured event has occurred through gross negligence of the insured or the beneficiary.

3. The insurer shall not be released from the payment of the insurance indemnity under the civil liability insurance agreement if the personal injury or death has been made through the fault of the person liable for such damage.

4. The insurer shall not be released from the payment of the insurance indemnity when such indemnity is to be paid under the insurance agreement in case of death of the insured, where the reason of the death was suicide, but the insurance agreement had been in force for more than three years.

5. Unless the insurance agreement provides for otherwise, the insurer shall be released from the payment of the insurance indemnity also in the following cases:

1) if the insured event occurred due to the acts of war or impact of radioactive radiation;

2) if the damage was caused by seizure, attachment or destruction of property following the instructions of governmental authorities;

3) in other cases prescribed by laws.

6. The laws may also establish other cases of release from the payment of the insurance indemnity.

Article 6.1015. The assignment of the rights of the insured to compensation of the damage onto the insurer (subrogation)

1. Unless the insurance agreement provides for otherwise, the right to claim the paid amounts from the person liable for the damage incurred shall pass over to the insurer who has paid the insurance indemnify. If the damage has been made by malice, the claim right shall pass over to the insurer notwithstanding the fact that the subrogation is prohibited by the insurance agreement. Subrogation shall not apply in case of insurance against accidents and illness, civil liability insurance, as well as in other cases prescribed by laws.

2. Having passed over to the insurer, the claim right shall be implemented in compliance with the rules establishing the relations between the insured (the beneficiary) and the person liable for the loss.

3. The insured (the beneficiary) shall transfer to the insurer all the information which is required for the insurer to duly implement the assigned claim right.

4. If the insured (the beneficiary) refused his claim right or if it became impossible to implement such right through the fault of the insured (the beneficiary), the insurer shall be released, fully or in part, from the payment of the insurance indemnity and shall be entitled to request to refund the indemnity which had already been paid.

Article 6.1016. Reinsurance

1. The insurer may fully or in part insure the risk of the payment of the insurance indemnity by concluding reinsurance agreements with other insurers. In such case the insurer under the original insurance agreement shall become the insured under the reinsurance agreement.

2. The reinsurance agreements mutatis mutandis shall be subject to the rules of this Chapter.

3. In case of reinsurance the insurer under the original insurance agreement shall remain liable against the insured for the payment of the insurance indemnity.

Article 6.1017. Mutual insurance

1. Natural and legal persons may insure the property interests on mutual basis, joining the funds necessary for such insurance in self-insurance societies.

2. The activities of self-insurance societies shall be regulated by laws.

3. The rules of this Chapter shall apply to mutual insurance unless other laws provide for otherwise.

Article 6.1018. Special branches and groups of insurance

The rules of this Chapter shall apply to the branches and groups of insurance unless other laws provide for otherwise.

Įstatymas skelbtas: Žin., 2000, Nr. 74-2262 Neoficialus įstatymo tekstas

Pastaba. Nuo 2003 m. vasario 25 d., įsigaliojus įstatymui Nr. IX-1327, visus savivaldybės valdybai bei merui kitų įstatymų priskirtus vykdomuosius įgaliojimus iki tų įstatymų pakeitimo įgyvendina savivaldybės administracijos direktorius. Nr. IX-1327, 2003-01-28, Žin., 2003, Nr. 17-704 (2003-02-19) VIETOS SAVIVALDOS ĮSTATYMO 3, 5, 6, 11, 12, 14, 15, 16, 17, 18, 20, 21, 28, 29, 30, 31, 33, 49, 50 STRAIPSNIŲ PAKEITIMO IR 19 STRAIPSNIO PRIPAŽINIMO NETEKUSIU GALIOS ĮSTATYMAS

LIETUVOS RESPUBLIKOS CIVILINIO KODEKSO PATVIRTINIMO, ĮSIGALIOJIMO IR ĮGYVENDINIMO

ĮSTATYMAS

2000 m. liepos 18 d. Nr. VIII-1864 Vilnius

1 straipsnis. Lietuvos Respublikos civilinio kodekso patvirtinimas Šiuo įstatymu Seimas patvirtina Lietuvos Respublikos civilinį kodeksą.

2 straipsnis. Civilinio kodekso įsigaliojimas Civilinis kodeksas įsigalioja nuo 2001 m. liepos 1 d., išskyrus tas Kodekso normas,

kurioms šis įstatymas nustato kitus įsigaliojimo terminus.

3 straipsnis. Kitų įstatymų ir teisės aktų galiojimas Kiti įstatymai ir teisės aktai, galioję Lietuvos Respublikoje iki Civilinio kodekso

įsigaliojimo, galioja tiek, kiek neprieštarauja Civiliniam kodeksui, išskyrus atvejus, kai šis kodeksas pirmenybę suteikia kitų įstatymų normoms.

4 straipsnis. Civilinio kodekso taikymas civiliniams teisiniams santykiams 1. Civilinis kodeksas taikomas civiliniams teisiniams santykiams, atsirandantiems jam

įsigaliojus, išskyrus šiame įstatyme nustatytas išimtis. 2. Esant civiliniams teisiniams santykiams, atsiradusiems iki Civilinio kodekso

įsigaliojimo, Civilinis kodeksas taikomas toms teisėms ir pareigoms bei teisinėms situacijoms, kurios atsiranda jam įsigaliojus, taip pat toms teisėms ir pareigoms, kurios nors ir atsirado iki šio kodekso įsigaliojimo, bet įgyvendinamos jam įsigaliojus.

3. Iki Civilinio kodekso įsigaliojimo pradėtoms administracinėms ir teisminėms procedūroms taikomos tuo metu galiojusių įstatymų materialinės teisės normos, išskyrus šiame įstatyme nustatytas išimtis.

4. Civilinio kodekso 1.5 straipsnyje įtvirtinti sąžiningumo, teisingumo ir protingumo principai taikomi sprendžiant ginčus teismine tvarka, nepaisant to, kada yra atsiradę civiliniai santykiai, iš kurių yra kilęs ginčas.

5 straipsnis. Civilinio kodekso taikymas koliziniams santykiams ir taikytinos teisės nustatymas

Teisė, taikytina civiliniams santykiams, nustatoma pagal bylos nagrinėjimo ar kitokio veiksmo, kai reikia nustatyti taikytiną teisę, atlikimo metu galiojančias Civilinio kodekso kolizines normas.

6 straipsnis. Civilinio kodekso 1.34, 1.36, 1.44 straipsnių įsigaliojimas

Civilinio kodekso 1.34, 1.36, 1.44 straipsnių normos įsigalios nuo to momento, kai įsigalios šiuose straipsniuose nurodytos Lietuvos Respublikos tarptautinės sutartys.

7 straipsnis. Civilinio kodekso normų sąlyginiams sandoriams taikymas Kiekvienai iki Civilinio kodekso įsigaliojimo neįvykusiai sąlygai, kurią numato iki šio

kodekso įsigaliojimo sudarytas sandoris, taikomos Kodekso normos, jeigu ši sąlyga įvyksta ar įvykdoma įsigaliojus šiam kodeksui.

8 straipsnis. Civilinio kodekso normų taikymas sandorio formai 1. Sandorio formai taikomi jo sudarymo momentu galioję įstatymai. Civilinio kodekso

1.71–1.76 straipsniuose numatytos normos dėl sandorių formos reikalavimų taikomos tiems sandoriams, kurie buvo sudaryti įsigaliojus šiam kodeksui, išskyrus šio straipsnio 2 ir 3 dalyse nustatytas išimtis.

2. Jeigu pagal sandorio sudarymo momentu galiojusį įstatymą sandoriui buvo nustatyta privaloma teisinė registracija, bet sandoris nebuvo įregistruotas ir, įsigaliojus Civiliniam kodeksui, registravimo terminas dar nepasibaigęs, tai tokio sandorio teisinei registracijai taikomos šio kodekso taisyklės.

3. Jeigu pagal sandorio sudarymo momentu galiojusį įstatymą sandoriui buvo nustatyta privaloma teisinė registracija, bet jis per įstatymo nustatytą terminą nebuvo įregistruotas, tai toks sandoris negalioja, išskyrus atvejus, kai dėl svarbių priežasčių praleistą įregistravimo terminą atnaujina teismas.

9 straipsnis. Civilinio kodekso normų dėl sandorių negaliojimo taikymas 1. Civilinio kodekso 1.78–1.96 straipsniuose nustatytos normos dėl sandorių negaliojimo

taikomos tiems sandoriams, kurie sudaromi įsigaliojus šiam kodeksui. 2. Civilinio kodekso nustatytos taisyklės dėl sandorių negaliojimo pasekmių taikomos

sandoriams, pripažintiems negaliojančiais šiam kodeksui įsigaliojus, nepaisant to, kada jie sudaryti.

3. Civilinio kodekso 1.79 straipsnio normos dėl nuginčijamo sandorio patvirtinimo taikomos ir tiems sandoriams, kurie buvo sudaryti iki šio kodekso įsigaliojimo, o patvirtinami jam įsigaliojus.

4. Sandoriai, sudaryti iki Civilinio kodekso įsigaliojimo ir galėję būti pripažinti negaliojančiais pagal anksčiau galiojusius įstatymus, negali būti pripažinti negaliojančiais įsigaliojus šiam kodeksui, jeigu šiame kodekse nėra numatyta tokio sandorių negaliojimo pagrindo.

10 straipsnis. Ieškinio senaties terminų taikymas 1. Civilinio kodekso nustatyti ieškinio senaties terminai taikomi, jeigu ieškinio senaties

terminas prasidėjo įsigaliojus šiam kodeksui, taip pat jei reikalavimams pareikšti ieškinio senaties terminai, numatyti pagal galiojusius įstatymus, nepasibaigė iki šio kodekso įsigaliojimo. Iki šio kodekso įsigaliojimo praėjusi ieškinio senaties termino dalis įskaitoma į šio kodekso nustatytą ieškinio senaties terminą.

2. Jeigu Civiliniame kodekse nustatomas trumpesnis ieškinio senaties terminas, jis ir taikomas, tačiau pradedamas skaičiuoti nuo šio kodekso įsigaliojimo dienos, išskyrus atvejus, kai ieškinio senaties terminas yra pasibaigęs ir pagal šio kodekso normas.

11 straipsnis. Civilinio kodekso 2.24 straipsnio ir taisyklių, susijusių su neturtinės žalos atlyginimu, taikymas

Civilinio kodekso 2.24 straipsnio normos dėl asmens garbės ir orumo gynimo bei šiame kodekse nustatytos taisyklės dėl neturtinės žalos atlyginimo taikomos tiems civiliniams teisiniams santykiams, kurių faktinis pagrindas atsiranda įsigaliojus šiam kodeksui, taip pat tais atvejais, kai civilinių teisinių santykių faktinis pagrindas yra Baudžiamojo kodekso 95 straipsnio 8 dalyje nurodytas nusikaltimas. Straipsnio pakeitimai: Nr. XI-1442, 2011-06-09, Žin., 2011, Nr. 74-3546 (2011-06-18)

2

12 straipsnis. Civilinio kodekso 2.27 straipsnio įsigaliojimas Civilinio kodekso 2.27 straipsnio norma dėl teisės pakeisti lytį įsigalioja nuo 2003 m.

liepos 1 d.

13 straipsnis. Civilinio kodekso normų, susijusių su juridinių asmenų teisiniu statusu, taikymas

1. Juridiniai asmenys, kurie buvo įsteigti ir įregistruoti iki Civilinio kodekso įsigaliojimo galiojusių įstatymų nustatyta tvarka, laikomi juridiniais asmenimis ir įsigaliojus šiam kodeksui.

2. Individualios įmonės ir ūkinės bendrijos, kurios buvo įsteigtos ir įregistruotos iki Civilinio kodekso įsigaliojimo galiojusių įstatymų nustatyta tvarka, įsigaliojus šiam kodeksui, laikomos neribotos atsakomybės juridiniais asmenimis be atskiro perregistravimo.

3. Įsigaliojus Civiliniam kodeksui, šio straipsnio 1 ir 2 dalyse nurodytų juridinių asmenų steigimo dokumentai galioja tiek, kiek neprieštarauja šio kodekso normoms.

14 straipsnis. Civilinio kodekso normų, susijusių su juridinio asmens pavadinimu, taikymas

Civilinio kodekso antrosios knygos IV skyriaus normos, susijusios su juridinio asmens pavadinimu, taikomos nuo juridinių asmenų registro veiklos pradžios.

15 straipsnis. Civilinio kodekso normų, susijusių su juridinio asmens steigimu ir registravimu juridinių asmenų registre, taikymas ir įsigaliojimas

1. Civilinio kodekso antrosios knygos V skyriaus normos, reglamentuojančios juridinių asmenų steigimą, išskyrus šio straipsnio 2 dalyje nustatytas išimtis, taikomos tiems juridiniams asmenims, kurie steigiami įsigaliojus šiam kodeksui.

2. Civilinio kodekso 2.62 straipsnyje, 2.63 straipsnio 1 dalyje, 2.72 straipsnyje bei kituose Civilinio kodekso antrosios knygos V skyriaus straipsniuose nustatytos taisyklės dėl juridinio asmens registravimo juridinių asmenų registre bei duomenų atskleidimo įsigalioja nuo juridinių asmenų registro veiklos pradžios. Iki juridinių asmenų registro veiklos pradžios juridiniai asmenys registruojami ir jų duomenys atskleidžiami galiojančių įstatymų nustatyta tvarka.

16 straipsnis. Civilinio kodekso 2.70 straipsnio ir antrosios knygos VIII skyriaus normų taikymas ir įsigaliojimas

1. Civilinio kodekso antrosios knygos VIII skyriaus normos, reglamentuojančios juridinių asmenų pasibaigimą ir pertvarkymą, taikomos juridinių asmenų pasibaigimo ir pertvarkymo procedūroms, pradėtoms įsigaliojus šiam kodeksui. Jeigu juridinių asmenų likvidavimo ar reorganizavimo procedūros pradėtos iki Civilinio kodekso įsigaliojimo, šios procedūros yra baigiamos pagal galiojusius įstatymus.

2. Civilinio kodekso 2.70 straipsnyje ir 2.106 straipsnio 4 punkte numatytos normos dėl juridinio asmens likvidavimo juridinio asmens registro tvarkytojo iniciatyva įsigalioja nuo juridinių asmenų registro veiklos pradžios.

17 straipsnis. Civilinio kodekso 2.79 straipsnio 4 dalies normų įsigaliojimas Civilinio kodekso 2.79 straipsnio 4 dalies normos įsigalioja nuo juridinių asmenų registro

veiklos pradžios.

18 straipsnis. Civilinio kodekso antrosios knygos normų dėl atstovavimo taikymas 1. Civilinio kodekso antrosios knygos III dalies normos dėl atstovavimo taikomos

atstovavimo santykiams, kurie atsiranda įsigaliojus šiam kodeksui, taip pat ir tiems atstovavimo santykiams, kurie atsiranda iki šio kodekso įsigaliojimo ir tęsiasi po jo įsigaliojimo.

2. Civilinio kodekso 2.178 straipsnio 2 dalies normos dėl prokūros registravimo taikomos nuo teisės akto, reglamentuojančio prokūros registravimą, įsigaliojimo.

19 straipsnis. Civilinio kodekso normų taikymas šeimos santykiams 1. Civilinio kodekso normos taikomos šeimos santykiams, atsirandantiems jam įsigaliojus.

3

2. Esant šeimos santykiams, atsiradusiems iki Civilinio kodekso įsigaliojimo, šis kodeksas taikomas toms teisėms ir pareigoms, kurios atsiras jam įsigaliojus, bei iš šių teisių ir pareigų atsirandančioms pasekmėms.

20 straipsnis. Civilinio kodekso 3.14 straipsnio 2, 3, 4, 5 dalių normų taikymas Civilinio kodekso 3.14 straipsnio 2, 3, 4 ir 5 dalyse nustatytos normos dėl santuokinio

amžiaus sumažinimo tvarkos netaikomos tais atvejais, kai iki šio kodekso įsigaliojimo asmenys yra pateikę prašymus pagal galiojusius šeimos įstatymus.

21 straipsnis. Civilinio kodekso nustatytų normų, susijusių su bažnyčios (konfesijų) nustatyta tvarka sudarytų santuokų apskaita, taikymas

1. Civilinio kodekso 3.24, 3.25, 3.304 straipsniuose nustatytos normos dėl bažnyčios (konfesijų) nustatyta tvarka sudarytų santuokų oficialios apskaitos taikomos toms santuokoms, kurios sudaromos įsigaliojus šiam kodeksui.

2. Nuo Lietuvos Respublikos Konstitucijos įsigaliojimo iki Civilinio kodekso įsigaliojimo bažnyčios (konfesijų) nustatyta tvarka sudarytų santuokų registravimo duomenis religinės bendruomenės ir bendrijos perduoda civilinės metrikacijos įstaigoms Lietuvos Respublikos Vyriausybės ir religinių organizacijų susitarimo nustatyta tvarka.

22 straipsnis. Civilinio kodekso trečiosios knygos normų dėl santuokos negaliojimo taikymas

1. Civilinio kodekso trečiosios knygos III skyriaus normos dėl santuokos negaliojimo pagrindų ir tvarkos taikomos toms santuokoms, kurios sudaromos įsigaliojus šiam kodeksui.

2. Civilinio kodekso trečiosios knygos III skyriaus normos dėl santuokos negaliojimo pasekmių taikomos santuokoms, pripažintoms negaliojančiomis šiam kodeksui įsigaliojus, nepaisant to, kada jos sudarytos.

23 straipsnis. Civilinio kodekso normų dėl santuokos nutraukimo taikymas Civilinio kodekso trečiosios knygos IV skyriaus normos dėl santuokos nutraukimo

taikomos, kai santuokos nutraukimo procedūros pradedamos įsigaliojus šiam kodeksui. Iki Civilinio kodekso įsigaliojimo pradėtos santuokos nutraukimo procedūros baigiamos pagal galiojusius įstatymus.

24 straipsnis. Civilinio kodekso normų dėl sutuoktinių turto pagal sutartį nustatyto teisinio režimo taikymas

1. Civilinio kodekso 3.83, 3.101–3.108 straipsniuose nustatytos normos dėl sutuoktinių turto pagal sutartį nustatyto teisinio režimo taikomos nuo vedybų sutarčių registro veiklos pradžios.

2. Iki Civilinio kodekso įsigaliojimo sutuoktinių įgyto turto teisinis režimas negali būti pakeistas vedybų sutartimi.

25 straipsnis. Civilinio kodekso trečiosios knygos VI skyriaus antrojo skirsnio normų taikymas

1. Civilinio kodekso trečiosios knygos VI skyriaus antrojo skirsnio normos, susijusios su sutuoktinių turto pagal įstatymus nustatytu teisiniu režimu, taikomos nepaisant to, ar tas turtas įgytas iki šio kodekso įsigaliojimo, ar jam įsigaliojus.

2. Civilinio kodekso trečiosios knygos VI skyriaus antrojo skirsnio normos, susijusios su sutuoktinių sandorių sudarymu, taikomos sandoriams, kurie sudaromi įsigaliojus šiam kodeksui.

3. Civilinio kodekso 3.88 straipsnio 3 dalies normos dėl bendrosios jungtinės nuosavybės pripažinimo taikomos, kai turtas registruojamas įsigaliojus šiam kodeksui.

26 straipsnis. Civilinio kodekso trečiosios knygos normų, susijusių su nepilnamečio vaiko turto tvarkymu, taikymas

Tėvai tvarko nepilnamečio vaiko turtą uzufrukto teisėmis, nepaisant to, ar tas turtas įgytas iki Civilinio kodekso įsigaliojimo, ar jam įsigaliojus.

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27 straipsnis. Civilinio kodekso trečiosios knygos XII skyriaus antrojo skirsnio normų įsigaliojimas

Civilinio kodekso trečiosios knygos XII skyriaus antrojo skirsnio normos dėl valstybės išlaikymo nustatymo vaikams, kurie ilgiau kaip mėnesį negauna išlaikymo iš tėvo (motinos) ar iš kitų pilnamečių artimųjų giminaičių, turinčių galimybes juos išlaikyti, įsigalioja nuo 2002 m. sausio 1 d.

28 straipsnis. Civilinio kodekso trečiosios knygos XV skyriaus normų įsigaliojimas Civilinio kodekso trečiosios knygos XV skyriaus normos dėl bendro gyvenimo

neįregistravus santuokos įsigalioja nuo įstatymo, reglamentuojančio partnerystės įregistravimo tvarką, įsigaliojimo momento.

29 straipsnis. Civilinio kodekso normų, susijusių su globa ir rūpyba, taikymas Nepilnamečiams, kuriems buvo nustatyta globa ir kuriems sukanka keturiolika metų,

įsigaliojus Civiliniam kodeksui, globa pasibaigia, o jų globėjai tampa rūpintojais be papildomo sprendimo.

30 straipsnis. Civilinio kodekso ketvirtosios knygos normų, susijusių su atskiromis daiktinėmis teisėmis, įsigaliojimas

1. Civilinio kodekso ketvirtosios knygos normos, susijusios su valdymo teise, kaip savarankiška daiktine teise, servitutu, uzufruktu, užstatymo teise (superficies), ilgalaike nuoma, kaip savarankiška daiktine teise (emphyteusis), įsigalioja nuo 2003 m. liepos 1 d., išskyrus tuos atvejus, kai šių teisių nustatymo pagrindas yra įstatymas.

2. Teisių į daiktus suvaržymai, nustatyti iki Civilinio kodekso įsigaliojimo, galioja ir įsigaliojus šiam kodeksui.

31 straipsnis. Civilinio kodekso 4.40 straipsnio 1 dalies taikymas 1. Iki Civilinio kodekso įsigaliojimo ant kito savininko žemės pastatyti statiniai nelaikomi

jo žemės priklausiniais, jeigu galioję įstatymai ar sutartis nenustatė ko kita. 2. Jeigu tam pačiam asmeniui nuosavybės teise priklausantis žemės sklypas ir ant jo

esantys statiniai iki Civilinio kodekso įsigaliojimo buvo įregistruoti Nekilnojamojo turto registre atskirais objektais, statiniai laikomi žemės sklypo priklausiniais, kai savininko prašymu padaromi specialūs pakeitimai šiame registre.

32 straipsnis. Civilinio kodekso 4.49 straipsnio normų taikymas Civilinio kodekso 4.49 straipsnio normos dėl nuosavybės teisės į daiktą (turtą) įgijimo

momento taikomos, kai sandoriai dėl daikto (turto) įgijimo sudaromi įsigaliojus šiam kodeksui.

33 straipsnis. Civilinio kodekso ketvirtosios knygos V skyriaus trečiojo skirsnio normų taikymas

Civilinio kodekso ketvirtosios knygos V skyriaus trečiojo skirsnio normos dėl įgyjamosios senaties taikomos ir tais atvejais, kai daikto valdymas prasidėjo iki šio kodekso įsigaliojimo ir tęsiasi jam įsigaliojus.

34 straipsnis. Civilinio kodekso ketvirtosios knygos normų, susijusių su bendrosios nuosavybės teisės įgyvendinimu, taikymas

Bendraturčių teisėms ir pareigoms įgyvendinti taikomos Civilinio kodekso ketvirtosios knygos normos, nepaisant to, ar tos teisės ir pareigos atsirado iki šio kodekso įsigaliojimo, ar jam įsigaliojus.

35 straipsnis. Civilinio kodekso 4. 100 straipsnio 4 dalies normų taikymas Civilinio kodekso 4.100 straipsnio 4 dalies normos dėl nuosavybės teisės į visuomenės

poreikiams paimamą nuosavybę perėjimo taikomos, kai nuosavybė paimama visuomenės poreikiams įsigaliojus šiam kodeksui.

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36 straipsnis. Civilinio kodekso ketvirtosios knygos normų, susijusių su servitutais, taikymas

Asmeniui nustatyti servitutai, kurie buvo įregistruoti iki Civilinio kodekso įsigaliojimo, lieka galioti ir jam įsigaliojus, tačiau įsigaliojus šiam kodeksui servitutams mutatis mutandis taikomos šio kodekso ketvirtosios knygos normos, reglamentuojančios uzufruktus.

37 straipsnis. Civilinio kodekso 4.171 straipsnio ir 4.175–4.178 straipsnių normų įsigaliojimas

Civilinio kodekso 4.171 straipsnio normos dėl bendrosios dalinės nuosavybės dalies įkeitimo ir 4.175–4.178 straipsnių bei kitos šio kodekso normos dėl priverstinės hipotekos įsigalioja nuo 2001 m. spalio 1 d.

38 straipsnis. Civilinio kodekso taikymas paveldėjimo santykiams 1. Civilinio kodekso penktosios knygos normos taikomos paveldėjimo santykiams, kai

palikimas atsiranda įsigaliojus šiam kodeksui. 2. Civilinio kodekso 5.8 straipsnis taikomas, jeigu, įsigaliojus šiam kodeksui, dar nebuvo

pasibaigęs šio kodekso 5.8 straipsnyje nustatytas vienerių metų ieškinio senaties terminas.

39 straipsnis. Civilinio kodekso 5.32 ir 5.50 straipsnių normų įsigaliojimas Civilinio kodekso 5.32 straipsnio ir 5.50 straipsnio 6 dalies normos įsigalioja nuo

testamentų registro veiklos pradžios.

40 straipsnis. Civilinio kodekso taikymas testamento formai ir turiniui Civilinio kodekso penktosios knygos normos dėl testamento formos ir turinio taikomos

tiems testamentams, kurie sudaromi įsigaliojus šiam kodeksui.

41 straipsnis. Civilinio kodekso taikymas prievoliniams santykiams 1. Civilinis kodeksas taikomas prievoliniams teisiniams santykiams, atsiradusiems po

Kodekso įsigaliojimo, išskyrus šiame įstatyme nustatytas išimtis. 2. Jeigu prievoliniai teisiniai santykiai, atsirado iki Civilinio kodekso įsigaliojimo, šis

kodeksas taikomas toms teisėms ir pareigoms, kurios atsiras jam įsigaliojus. 3. Jeigu sutartinė prievolė vykdoma įsigaliojus Civiliniam kodeksui, jos vykdymą

reglamentuoja šio kodekso normos. Šio kodekso normos taip pat taikomos perleidžiant reikalavimo teisę, perkeliant skolą, atsiskaitymams bei kitokiems veiksmams, kurie atliekami įsigaliojus šiam kodeksui.

4. Civilinio kodekso normos, reglamentuojančios prievolių pabaigą, taikomos, nepaisant jų atsiradimo momento, toms prievolėms, kurios pasibaigia įsigaliojus šiam kodeksui.

42 straipsnis. Civilinio kodekso 6.66–6.68 straipsnių taikymas 1. Civilinio kodekso 6.66 ir 6.67 straipsnių normos dėl kreditoriaus teisės ginčyti

skolininko sudarytus sandorius (actio Pauliana) ir nesąžiningumo prezumpcijos taikomos ir ginčijant sandorius, sudarytus iki šio kodekso įsigaliojimo, jeigu nepasibaigę ieškinio senaties terminai, nustatyti ieškiniui pareikšti.

2. Civilinio kodekso 6.68 straipsnio normos dėl netiesioginio ieškinio taikomos ir priverstiniam reikalavimo teisės, atsiradusios iki šio kodekso įsigaliojimo, įgyvendinimui.

43 straipsnis. Civilinio kodekso taikymas sutarčių sudarymo tvarkai ir formai Civilinio kodekso šeštosios knygos normos dėl atskirų rūšių sutarčių sudarymo tvarkos,

formos reikalavimų, taip pat dėl jų teisinės registracijos taikomos toms sutartims, kurios sudaromos įsigaliojus šiam kodeksui.

44 straipsnis. Civilinio kodekso šeštosios knygos X skyriaus normų taikymas Civilinio kodekso šeštosios knygos X skyriaus normos dėl restitucijos taikomos ir

sprendžiant ginčus, kilusius iš civilinių santykių, atsiradusių iki šio kodekso įsigaliojimo, jeigu restitucija taikoma įsigaliojus šiam kodeksui.

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45 straipsnis. Civilinio kodekso normų dėl sutarčių aiškinimo taikymas Civilinio kodekso šeštosios knygos XIV skyriaus normos dėl sutarčių aiškinimo, nepaisant

jų sudarymo momento, taikomos ir toms sutartims, kurios galioja įsigaliojus šiam kodeksui.

46 straipsnis. Civilinio kodekso šeštosios knygos XVI, XVII, XVIII skyrių normų taikymas

Civilinio kodekso šeštosios knygos XVI, XVII, XVIII skyrių normos dėl sutarčių vykdymo, neįvykdymo teisinių pasekmių, sutarčių pabaigos, nepaisant jų sudarymo momento, taikomos sutartims, kurios galioja ir pasibaigia įsigaliojus šiam kodeksui.

47 straipsnis. Civilinio kodekso šeštosios knygos XXII skyriaus normų taikymas 1. Civilinio kodekso šeštosios knygos XXII skyriaus antrojo skirsnio normos dėl sutartinės

civilinės atsakomybės taikomos, jeigu sutartinės prievolės pažeistos įsigaliojus šiam kodeksui. Jeigu šalys iki šio kodekso įsigaliojimo sudarytoje sutartyje numatė kitokią sutartinę atsakomybę už sutartinių prievolių nevykdymą ar netinkamą vykdymą, taikomos šalių sutartyje numatytos atsakomybės sąlygos, išskyrus Civilinio kodekso 6.252 straipsnyje nurodytus atvejus.

2. Civilinio kodekso šeštosios knygos XXII skyriaus trečiojo skirsnio normos dėl deliktinės atsakomybės taikomos, kai žala asmeniui, turtui padaroma ir atsiranda įsigaliojus šiam kodeksui. Jeigu žala asmeniui, turtui buvo padaryta iki Civilinio kodekso įsigaliojimo, tačiau žala atsiranda ir nukentėjęs asmuo kreipiasi dėl žalos atlyginimo įsigaliojus šiam kodeksui, žala atlyginama pagal šio kodekso normas, išskyrus atvejus, kai iki Civilinio kodekso įsigaliojimo padaryti veiksmai, dėl kurių atsiranda žala įsigaliojus šiam kodeksui, pagal jų padarymo metu galiojusius įstatymus nebuvo pagrindas atsakomybei atsirasti.

3. Civilinio kodekso šeštosios knygos XXII skyriaus ketvirtojo skirsnio normos dėl atsakomybės už žalą, atsiradusią dėl netinkamos kokybės produktų ar netinkamos kokybės paslaugų, taikomos, kai žala padaroma įsigaliojus šiam kodeksui.

48 straipsnis. Civilinio kodekso šeštosios knygos normų taikymas atskiroms sutartims 1. Pirkimo–pardavimo išsimokėtinai sutartims, taip pat lizingo (finansinės nuomos)

sutartims taikomos teisės normos, galiojusios jų sudarymo metu, išskyrus šio įstatymo nustatytas išimtis. Civilinio kodekso 6.572 straipsnio 1 ir 2 dalių normos įsigalioja nuo registro, kuriame registruojamos lizingo sutartys, veiklos pradžios.

2. Civilinio kodekso 6.465 straipsnio 2 dalies norma taikoma tik po šio kodekso įsigaliojimo duotiems pažadams padovanoti turtą ar turtinę teisę.

3. Civilinio kodekso normos, imperatyviai nustatančios, kad tam tikros sutarčių sąlygos negalioja, taikomos ir sutartims, numatančioms tokias sąlygas, kurios buvo sudarytos iki šio kodekso įsigaliojimo, jeigu šios sąlygos dar nėra įvykdytos.

49 straipsnis. Civilinio kodekso šeštosios knygos XXXVII skyriaus normų įsigaliojimas

Civilinio kodekso 6.767 straipsnio 2 dalies normos dėl franšizės sutarties sudarymo fakto registravimo juridinių asmenų registre įsigalioja nuo juridinių asmenų registro veiklos pradžios.

50 straipsnis. Pasiūlymai Vyriausybei Pasiūlyti Vyriausybei: 1) parengti šiuos įstatymų projektus: a) iki 2001 m. gegužės 1 d. – 1961 m. spalio 5 d. Hagos konvencijos dėl valdžios

institucijų teisių ir taikytinos teisės nepilnamečių teisių gynimo srityje ratifikavimo įstatymo, b) iki 2001 m. gegužės 1 d. – 1973 m. spalio 2 d. Hagos konvencijos dėl išlaikymo

prievolėms taikytinos teisės ratifikavimo įstatymo, c) iki 2001 m. gegužės 1 d. – 1971 m. gegužės 4 d. Hagos konvencijos dėl eismo įvykiams

taikytinos teisės ratifikavimo įstatymo, d) iki 2002 m. gegužės 1 d. – dirbtinį apvaisinimą reglamentuojančio įstatymo, e) iki 2003 m. sausio 1 d. – lyties pakeitimo sąlygas ir tvarką reglamentuojančio įstatymo, f) iki 2002 m. sausio 1 d. – partnerystės įregistravimo tvarką reglamentuojančio įstatymo; 2) patvirtinti šiuos teisės aktus:

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a) iki 2001 m. gruodžio 1 d. – juridinių asmenų registro nuostatus, b) iki 2001 m. gruodžio 1 d. – vedybų sutarčių registro nuostatus, c) iki 2001 m. birželio 1 d. – testamentų registro nuostatus; 3) nustatyti: a) iki 2001 m. gruodžio 1 d. – paskelbimo apie juridinio asmens įregistravimą, registro

duomenų pakeitimą tvarką, b) iki 2001 m. gruodžio 1 d. – pranešimo apie licencijos išdavimą, galiojimo sustabdymą

ar panaikinimą juridinių asmenų registro tvarkymo įstaigai tvarką, c) iki 2001 m. gegužės 1 d. – daiktų pardavimo ne šiai veiklai skirtose patalpose taisykles, d) iki 2001 m. gegužės 1 d. – daiktų pardavimo ir paslaugų teikimo, kai sutartys

sudaromos naudojant ryšio priemones, taisykles, e) iki 2001 m. gegužės 1 d. – įmonių, įstaigų, organizacijų ir fizinių asmenų nuomojamų

gyvenamųjų patalpų nuomos užmokesčio maksimalius dydžius; 4) parengti iki 2001 m. rugsėjo 1 d. – Vyriausybės nutarimą, reglamentuojantį valstybės

teikiamo išlaikymo nepilnamečiams vaikams dydį, tvarką ir sąlygas; 5) patvirtinti Lietuvos Respublikos įstatymų ir kitų teisės aktų, kuriuos reikia suderinti su

Civiliniu kodeksu, projektų parengimo priemonių planą; 6) įsteigti valstybės registrus, būtinus Civiliniam kodeksui įgyvendinti: a) iki 2001 m. liepos 1 d. – testamentų registrą, b) iki 2002 m. sausio 1 d. – juridinių asmenų registrą, c) iki 2002 m. liepos 1 d. – vedybų sutarčių registrą; 7) pertvarkyti valstybės registrus, būtinus Civiliniam kodeksui įgyvendinti: a) iki 2003 m. rugsėjo 1 d. – Nekilnojamojo turto registrą, b) iki 2001 m. spalio 1 d. – hipotekos registrą; 8) parengti ir patvirtinti Civilinio kodekso įgyvendinimo priemonių finansavimo programą

ir finansavimo lėšas numatyti valstybės biudžeto projekte.

51 straipsnis. Teisės aktų pripažinimas netekusiais galios Įsigaliojus Civiliniam kodeksui, netenka galios šie teisės aktai: 1) Lietuvos Respublikos civilinis kodeksas (Žin., 1964, Nr.19-138; 1966, Nr.9-65, Nr.33-

237; 1967, Nr.36-348; 1969, Nr.6-61, Nr.15-132; 1970, Nr.24-177; 1972, Nr.30-241; 1973, Nr.12- 107, Nr.36-332; 1974, Nr.12-107, Nr.30-310, 311; 1975, Nr.9-72; 1976, Nr.19-167; 1977, Nr.6-69, Nr.15-182, Nr.30-396; 1980, Nr.3-33; 1983, Nr.34-363; 1985, Nr.8-73; 1986, Nr.18-184; 1987, Nr.36-429; 1990, Nr.20-511, Nr.35-838; 1991, Nr.5-134, Nr.23-603, Nr.33-891; 1992, Nr.29-840, Nr.32-977, 979; 1994, Nr.8-120, Nr.44-805, Nr.91-1765; 1995, Nr.3-39, Nr.7-141, Nr.55-1357, Nr.59-1467, Nr.61-1535, Nr.103-2300; 1996, Nr.73-1745, Nr.93-2185, Nr.105-2394; 1997, Nr.17- 363, 364, Nr.65-1535, Nr.67-1657, Nr.99-2502, Nr.104-2620, Nr.118-3043; 1998, Nr.9-200, Nr.16-378, Nr.20-503, Nr.29-763, Nr.57-1582, Nr.59-1651, Nr.115-3233; 1999, Nr.36-1064; 2000, Nr.54-1556);

2) Lietuvos Respublikos santuokos ir šeimos kodeksas (Žin., 1969, Nr.21-186; 1973, Nr.31-275; 1976, Nr.6-55, Nr.28-248; 1980, Nr.33-473; 1983, Nr.30-322; 1984, Nr.6-68; 1985, Nr.8-73; 1989, Nr.19-213; 1991, Nr.13-333; 1993, Nr.16-403, Nr.56-1077; 1994, Nr.89-1715; 1995, Nr.55-1359; 1997, Nr.19-409, Nr.99-2507; 1999, Nr.33-944; 2000, Nr.1-1, Nr.58-1713);

3) Lietuvos Respublikos žemės nuomos įstatymas (Žin., 1994, Nr.3-41; 1998, Nr.32-855, Nr.47-1293; 1999, Nr.64-2074);

4) Lietuvos Respublikos vaiko globos įstatymas (Žin., 1998, Nr.35-933; 2000, Nr.58- 1702).

Skelbiu šį Lietuvos Respublikos Seimo priimtą įstatymą.

RESPUBLIKOS PREZIDENTAS VALDAS ADAMKUS

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PATVIRTINTAS 2000 m. liepos 18 d. įstatymu Nr.VIII-1864

Pastaba. Nuo 2003 m. vasario 25 d., įsigaliojus įstatymui Nr. IX-1327, visus savivaldybės valdybai bei merui kitų įstatymų priskirtus vykdomuosius įgaliojimus iki tų įstatymų pakeitimo įgyvendina savivaldybės administracijos direktorius. Nr. IX-1327, 2003-01-28, Žin., 2003, Nr. 17-704 (2003-02-19) VIETOS SAVIVALDOS ĮSTATYMO 3, 5, 6, 11, 12, 14, 15, 16, 17, 18, 20, 21, 28, 29, 30, 31, 33, 49, 50 STRAIPSNIŲ PAKEITIMO IR 19 STRAIPSNIO PRIPAŽINIMO NETEKUSIU GALIOS ĮSTATYMAS

LIETUVOS RESPUBLIKOS CIVILINIS KODEKSAS

PIRMOJI KNYGA BENDROSIOS NUOSTATOS

I DALIS CIVILINIAI ĮSTATYMAI IR JŲ TAIKYMAS

I SKYRIUS CIVILINIAI ĮSTATYMAI IR JŲ REGLAMENTUOJAMI SANTYKIAI

1.1 straipsnis. Lietuvos Respublikos civilinio kodekso reglamentuojami santykiai 1. Lietuvos Respublikos civilinis kodeksas reglamentuoja asmenų turtinius santykius ir su

šiais santykiais susijusius asmeninius neturtinius santykius, taip pat šeimos santykius. Įstatymų nustatytais atvejais šis kodeksas taip pat reglamentuoja ir kitokius asmeninius neturtinius santykius.

2. Turtiniams santykiams, kurie pagrįsti įstatymų nustatytu asmenų pavaldumu valstybės institucijoms ir kurie tiesiogiai atsiranda, kai valstybės institucijos atlieka valdžios funkcijas (realizuojamas pavaldumas) arba įstatymų nustatytas asmenims pareigas valstybei ar jos taiko įstatymų nustatytas administracines ar baudžiamąsias sankcijas, įskaitant valstybės mokesčių, kitų privalomų rinkliavų ar įmokų valstybei ar jos institucijoms, valstybės biudžeto santykius, bei kitokiems santykiams, kuriuos reglamentuoja viešosios teisės normos, šio kodekso normos taikomos tiek, kiek šių santykių nereglamentuoja atitinkami įstatymai, taip pat šio kodekso įsakmiai nurodytais atvejais.

3. Darbo santykius reglamentuoja specialūs įstatymai. Šio kodekso normos darbo santykiams taikomos tiek, kiek jų nereglamentuoja specialūs įstatymai.

1.2 straipsnis. Civilinių santykių teisinio reglamentavimo principai 1. Civiliniai santykiai reglamentuojami vadovaujantis jų subjektų lygiateisiškumo,

nuosavybės neliečiamumo, sutarties laisvės, nesikišimo į privačius santykius, teisinio apibrėžtumo, proporcingumo ir teisėtų lūkesčių, neleistinumo piktnaudžiauti teise ir visokeriopos civilinių teisių teisminės gynybos principais.

2. Civilines teises gali apriboti tik įstatymai ar įstatymų pagrindu – teismas, jeigu toks apribojimas būtinas viešajai tvarkai, geros moralės principams, žmonių sveikatai ir gyvybei, asmenų turtui, jų teisėms ir teisėtiems interesams apsaugoti.

1.3 straipsnis. Civilinės teisės šaltiniai 1. Civilinės teisės šaltiniai yra Lietuvos Respublikos Konstitucija, šis kodeksas, kiti

įstatymai, Lietuvos Respublikos tarptautinės sutartys. 2. Jeigu yra šio kodekso ir kitų įstatymų prieštaravimų, taikomos šio kodekso normos,

išskyrus atvejus, kai šis kodeksas pirmenybę suteikia kitų įstatymų normoms.

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3. Įgyvendinant Europos Sąjungos teisės aktus, kituose įstatymuose gali būti nustatytos kitokios, negu nustato šis kodeksas, civilinius teisinius santykius reglamentuojančios normos. Tokiu atveju šis kodeksas taikomas tiek, kiek kiti įstatymai nenustato kitaip.

4. Vyriausybės nutarimai ir kitų valstybės institucijų teisės aktai civilinius santykius gali reglamentuoti tik tiek, kiek įstatymų nustatyta. Jeigu Vyriausybės ar kitos valstybės institucijos teisės aktas prieštarauja šio kodekso ar kito įstatymo normoms, taikomos kodekso ar kito įstatymo normos.

5. Teismas turi teisę pripažinti negaliojančiu Civiliniam kodeksui ar kitam įstatymui prieštaraujantį teisės aktą ar jo dalį, jeigu šio akto ir Konstitucijos ar įstatymų atitikimo kontrolė neįeina į Konstitucinio Teismo kompetenciją. Teismas, pripažinęs tokį teisės aktą negaliojančiu, sprendimo nuorašą per tris dienas privalo nusiųsti teisės aktą priėmusiai institucijai ar pareigūnui. Įsiteisėjęs teismo sprendimas skelbiamas „Valstybės žiniose“. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

1.4 straipsnis. Papročiai 1. Įstatymų ar sutarčių nustatytais atvejais civiliniai santykiai reglamentuojami pagal

papročius. 2. Papročiai netaikomi, jeigu jie prieštarauja imperatyvioms įstatymo normoms arba

sąžiningumo, protingumo ar teisingumo principams.

1.5 straipsnis. Teisingumo, protingumo ir sąžiningumo principų taikymas 1. Civilinių teisinių santykių subjektai, įgyvendindami savo teises bei atlikdami pareigas,

privalo veikti pagal teisingumo, protingumo ir sąžiningumo reikalavimus. 2. Kai įstatymai nedraudžia civilinių teisinių santykių subjektams šalių susitarimu

nusistatyti tarpusavio teisių ir pareigų, šie subjektai turi vadovautis teisingumo, protingumo ir sąžiningumo principais.

3. Jeigu įstatymai ar šalių susitarimas numato, kad tam tikrus klausimus teismas sprendžia savo nuožiūra, teismas privalo tai darydamas vadovautis teisingumo, protingumo ir sąžiningumo kriterijais.

4. Teismas, aiškindamas įstatymus ir juos taikydamas, privalo vadovautis teisingumo, protingumo ir sąžiningumo principais.

1.6 straipsnis. Įstatymų nežinojimas ar netinkamas jų nuostatų suvokimas Įstatymų nežinojimas ar netinkamas jų nuostatų suvokimas neatleidžia nuo juose numatytų

sankcijų taikymo ir nepateisina įstatymų reikalavimų nevykdymo ar netinkamo jų vykdymo.

1.7 straipsnis. Civilinių įstatymų galiojimas 1. Galioja tik įstatymų nustatyta tvarka paskelbti civiliniai įstatymai ir kiti civilinius

santykius reglamentuojantys teisės aktai. 2. Civiliniai įstatymai ir kiti civilinius santykius reglamentuojantys teisės aktai negalioja

atgaline tvarka.

1.8 straipsnis. Įstatymo ir teisės analogija 1. Civilinės teisės normų nesureglamentuotiems civiliniams santykiams taikomi panašius

santykius reglamentuojantys civiliniai įstatymai (įstatymo analogija). 2. Jeigu nėra panašius santykius reglamentuojančių civilinių įstatymų, taikomi bendrieji

teisės principai (teisės analogija). 3. Neleidžiama pagal analogiją taikyti specialių teisės normų, t. y. bendrųjų taisyklių

išimtis numatančių normų.

1.9 straipsnis. Civilinio kodekso normų aiškinimo principai 1. Siekiant užtikrinti šio kodekso vientisumą ir atskirų struktūrinių dalių suderinamumą,

taikant jo normas jos aiškinamos atsižvelgiant į šio kodekso sistemą bei struktūrą. 2. Šiame kodekse vartojami žodžiai ir jų junginiai aiškinami pagal jų bendrinę reikšmę,

išskyrus atvejus, kai iš konteksto matyti, kad žodis ar žodžių junginys vartojamas specialiąja –

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teisine, technine ar kitokia reikšme. Jeigu bendrinė ir specialioji žodžio reikšmės nesutampa, pirmenybė teikiama specialiajai žodžio reikšmei.

3. Nustatant taikomos normos tikrąją prasmę, atsižvelgiama į šio kodekso ir aiškinamos normos tikslus bei uždavinius.

II SKYRIUS TARPTAUTINĖ PRIVATINĖ TEISĖ

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

1.10 straipsnis. Užsienio teisės taikymas 1. Civiliniams santykiams užsienio teisė taikoma, kai tai numato Lietuvos Respublikos

tarptautinės sutartys, šalių susitarimai ar Lietuvos Respublikos įstatymai. 2. Nuoroda į užsienio teisę aprėpia visas teisės normas, taikytinas bylos faktams pagal tą

teisę. Negalima atsisakyti taikyti užsienio teisę remiantis vien ta aplinkybe, kad taikytina teisės norma priskiriama viešajai teisei.

3. Nuoroda į taikytiną užsienio teisę reiškia nuorodą į atitinkamos valstybės vidaus materialinę teisę, o ne į šios valstybės tarptautinę privatinę teisę, išskyrus šio kodekso numatytas išimtis.

4. Jeigu užsienio valstybės, kurios teisė turi būti taikoma pagal šio kodekso normas, atskirose teritorijos dalyse egzistuoja skirtingos teisės sistemos, tai nuoroda į taikytiną užsienio teisę reiškia nuorodą į atitinkamos teritorijos teisės sistemą, nustatomą pagal tos užsienio valstybės teisės numatytus kriterijus.

5. Jeigu užsienio valstybėje, kurios teisė turi būti taikoma pagal šio kodekso normas, egzistuoja kelios teisės sistemos, taikomos skirtingoms asmenų kategorijoms, tai taikytina teisės sistema nustatoma pagal tos valstybės teisės numatytus kriterijus.

6. Jeigu šio straipsnio 4 ir 5 dalyse numatytų kriterijų taikytina užsienio teisė nenustato, taikoma tos teisės sistemos teisė, su kuria byla yra glaudžiausiai susijusi.

1.11 straipsnis. Užsienio teisės taikymo apribojimas 1. Užsienio teisės normos netaikomos, jeigu jų taikymas prieštarautų Lietuvos Respublikos

Konstitucijos bei kitų įstatymų įtvirtintai viešajai tvarkai. Tokiais atvejais taikomi Lietuvos Respublikos civiliniai įstatymai.

2. Lietuvos Respublikos ar kitos valstybės, su kuria ginčas labiausiai susijęs, imperatyvios teisės normos taikomos nepaisant to, kad šalys savo susitarimu yra pasirinkusios kitokią užsienio teisę. Spręsdamas šiuos klausimus, teismas turi atsižvelgti į šių normų prigimtį, tikslus bei jų taikymo ar netaikymo pasekmes.

3. Pagal šį kodeksą taikytina užsienio teisė gali būti netaikoma, jeigu atsižvelgiant į visas bylos aplinkybes ta teisė aiškiai nėra susijusi su byla ar jos dalimi, o su ja labiau yra susijusi kitos valstybės teisė. Ši taisyklė netaikoma, kai taikytina teisė pasirinkta sandorio šalių susitarimu.

1.12 straipsnis. Užsienio teisės turinio nustatymas 1. Lietuvos Respublikos tarptautinių sutarčių ar įstatymų numatytais atvejais užsienio teisę

taiko, aiškina bei jos turinį nustato teismas ex officio (savo iniciatyva). 2. Jeigu užsienio teisės taikymą numato šalių susitarimas, visus su taikomos užsienio teisės

turiniu susijusius įrodymus, atsižvelgdama į tos teisės oficialų aiškinimą, jos taikymo praktiką ir doktriną atitinkamoje užsienio valstybėje, pateikia ginčo šalis, kuri remiasi užsienio teise. Ginčo šalies prašymu teismas gali padėti jai surinkti informaciją apie taikytiną užsienio teisę.

3. Jeigu teismui ar ginčo šaliai, kuri remiasi užsienio teise, nepavyksta įvykdyti šio straipsnio 1 ir 2 dalyse numatytos pareigos, taikoma Lietuvos Respublikos teisė.

4. Išimtiniais atvejais, kai būtina imtis skubių laikinų asmens teisių ar jo turto apsaugos priemonių, kol bus nustatyta ginčui taikytina teisė ir jos turinys, teismas gali išspręsti neatidėliotinus klausimus taikydamas Lietuvos Respublikos teisę.

1.13 straipsnis. Tarptautinės sutartys

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1. Jeigu Lietuvos Respublikos tarptautinėse sutartyse nustatytos kitokios taisyklės negu tos, kurias numato šis kodeksas ir kiti Lietuvos Respublikos įstatymai, taikomos Lietuvos Respublikos tarptautinių sutarčių normos.

2. Lietuvos Respublikos tarptautinės sutartys civiliniams santykiams taikomos tiesiogiai, išskyrus atvejus, kai tarptautinė sutartis numato, jog jos taikymui būtinas Lietuvos Respublikos vidaus teisės aktas.

3. Tarptautinių sutarčių normos turi būti taikomos ir aiškinamos atsižvelgiant į jų tarptautinį pobūdį ir būtinumą užtikrinti vienodą jų aiškinimą bei taikymą.

1.14 straipsnis. Atgaliniai nukreipimai ir nukreipimai į trečiosios valstybės teisę (renvoi)

1. Jeigu taikytina užsienio teisė numato atgalinį nukreipimą į Lietuvos Respublikos teisę, Lietuvos Respublikos teisė taikoma tik šio kodekso arba užsienio teisės numatytais atvejais.

2. Jeigu taikytina užsienio teisė numato nukreipimą į trečiosios valstybės teisę, trečiosios valstybės teisė taikoma tik šio kodekso arba trečiosios valstybės teisės numatytais atvejais.

3. Jeigu nustatant asmens civilinį teisinį statusą taikytina užsienio teisė nukreipia atgal į Lietuvos Respublikos teisę, taikoma Lietuvos Respublikos teisė.

4. Šio straipsnio 1, 2 ir 3 dalys netaikomos, jeigu taikytiną teisę yra pasirinkusios sandorio šalys, taip pat nustatant sandorio formai taikytiną teisę ir nesutartinėms prievolėms taikytiną teisę.

5. Jeigu pagal šio skyriaus normas turi būti taikoma tarptautinė sutartis (konvencija), atgalinių nukreipimų ir nukreipimo į trečiosios valstybės teisę klausimai sprendžiami pagal taikytinos tarptautinės sutarties (konvencijos) nuostatas.

ANTRASIS SKIRSNIS FIZINIŲ ASMENŲ CIVILINIAM TEISINIAM STATUSUI TAIKYTINA TEISĖ

1.15 straipsnis. Užsienio piliečių ir asmenų be pilietybės civilinis teisnumas 1. Užsienio piliečiai Lietuvos Respublikoje turi tokį patį civilinį teisnumą kaip ir Lietuvos

Respublikos piliečiai. Šios taisyklės išimtis gali nustatyti Lietuvos Respublikos įstatymai. 2. Užsienio piliečių gimimo ar mirties momentas nustatomas pagal valstybės, kurioje buvo

nuolatinė jų gyvenamoji vieta (šio kodekso 2.12 straipsnis) gimimo ar mirties metu, teisę. 3. Asmenys be pilietybės Lietuvos Respublikoje turi tokį patį civilinį teisnumą kaip ir

Lietuvos Respublikos piliečiai. Šios taisyklės atskiras išimtis gali nustatyti Lietuvos Respublikos įstatymai.

4. Asmenų be pilietybės gimimo ar mirties momentas nustatomas pagal valstybės, kurioje buvo nuolatinė jų gyvenamoji vieta gimimo ar mirties metu, teisę.

1.16 straipsnis. Užsienio piliečių ir asmenų be pilietybės civilinis veiksnumas 1. Užsienio piliečių ir asmenų be pilietybės civilinis veiksnumas nustatomas pagal

valstybės, kurioje yra jų nuolatinė gyvenamoji vieta, teisę. 2. Jeigu šie asmenys neturi nuolatinės gyvenamosios vietos arba ją nustatyti sunku, jų

veiksnumas nustatomas pagal valstybės, kurios teritorijoje šie asmenys sudarė atitinkamą sandorį, teisę.

3. Jeigu asmuo gyvena keliose valstybėse, taikoma valstybės, su kuria asmuo labiausiai susijęs, teisė.

4. Užsienio piliečiai ir asmenys be pilietybės, nuolat gyvenantys Lietuvos Respublikoje, pripažįstami neveiksniais ar ribotai veiksniais Lietuvos Respublikos įstatymų nustatyta tvarka.

5. Nuolatinės gyvenamosios vietos pakeitimas nedaro įtakos veiksnumui, jeigu veiksnumas jau buvo įgytas iki nuolatinės gyvenamosios vietos pakeitimo.

1.17 straipsnis. Draudimas remtis neveiksnumu 1. Asmuo negali remtis savo neveiksnumu pagal nuolatinės gyvenamosios vietos valstybės

teisę, jeigu pagal sandorio sudarymo vietos valstybės teisę jis buvo veiksnus, išskyrus atvejus, kai

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kita sandorio šalis žinojo arba turėjo žinoti apie to asmens neveiksnumą pagal jo nuolatinės gyvenamosios vietos valstybės teisę.

2. Šio straipsnio 1 dalies nuostatos netaikomos šeimos ir paveldėjimo teisei, taip pat daiktinėms teisėms.

1.18 straipsnis. Užsienio piliečių ir asmenų be pilietybės pripažinimas nežinia kur esančiais ar paskelbimas mirusiais

Užsienio piliečiai ir asmenys be pilietybės pripažįstami nežinia kur esančiais ir paskelbiami mirusiais pagal valstybės, kurios teritorijoje buvo paskutinė žinoma jų nuolatinė gyvenamoji vieta, teisę.

TREČIASIS SKIRSNIS JURIDINIAMS ASMENIMS AR KITOMS ORGANIZACIJOMS

TAIKYTINA TEISĖ

1.19 straipsnis. Užsienio juridinių asmenų ar kitų organizacijų civilinis teisnumas 1. Užsienio juridinių asmenų ar kitų organizacijų civilinis teisnumas nustatomas pagal

valstybės, kurioje šie juridiniai asmenys ar organizacijos yra įsteigti, teisę. 2. Jeigu juridinio asmens ar kitos organizacijos steigimo tvarka buvo pažeista, jo civilinis

teisnumas nustatomas pagal faktinės jo veiklos vietos valstybės teisę. 3. Nesvarbu, kurioje valstybėje buvo įsteigtas juridinis asmuo ar kita organizacija, jo

padalinių civilinis teisnumas nustatomas pagal Lietuvos Respublikos teisę, jeigu Lietuvos Respublikoje yra padalinio buveinė, verslo arba kitos veiklos pagrindinė vieta.

4. Juridinių asmenų ar kitų organizacijų, kurių viena yra Lietuvos Respublikoje, o kita – užsienio valstybėje, susijungimas, prijungimas arba buveinės perkėlimas turi įtakos jų civiliniam teisnumui Lietuvos Respublikoje tik tuo atveju, jeigu šie veiksmai buvo atlikti pagal abiejų valstybių teisę.

1.20 straipsnis. Klausimai, reglamentuojami pagal taikytiną teisę 1. Pagal šio kodekso 1.19 straipsnyje numatytą taikytiną teisę reglamentuojama: 1) juridinio asmens ar kitos organizacijos teisinė forma ir statusas; 2) juridinio asmens ar kitos organizacijos steigimas, reorganizavimas ir likvidavimas; 3) juridinio asmens ar kitos organizacijos pavadinimas; 4) juridinio asmens ar kitos organizacijos organų sistema ir jų kompetencija; 5) juridinio asmens ar kitos organizacijos civilinė atsakomybė; 6) juridinio asmens ar kitos organizacijos atstovavimas; 7) įstatymų ir steigimo dokumentų pažeidimo teisinės pasekmės. 2. Lietuvos Respublikoje įregistruoto juridinio asmens ar kitos organizacijos pavadinimas

ginamas pagal Lietuvos Respublikos teisę.

1.21 straipsnis. Užsienio juridinių asmenų ar kitų organizacijų atstovybėms ir filialams taikytina teisė

1. Užsienio juridinių asmenų ar kitų organizacijų atstovybėms ir filialams, įregistruotiems Lietuvos Respublikoje, taikoma Lietuvos Respublikos teisė.

2. Bent vienas iš asmenų, veikiančių atstovybės ar filialo vardu, turi gyventi Lietuvos Respublikoje. Ši nuostata netaikoma Europos Sąjungos valstybių narių ir Europos ekonominės erdvės valstybių juridinių asmenų ar kitų organizacijų atstovybėms ar filialams, įsteigtiems Lietuvos Respublikoje.

3. Asmenų, veikiančių Lietuvos Respublikoje registruotos atstovybės ar filialo vardu, teises ir pareigas (kompetenciją) nustato Lietuvos Respublikos teisė. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

1.22 straipsnis. Juridinių asmenų ar kitų organizacijų atstovams ir jų civilinei atsakomybei taikytina teisė

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1. Jeigu pagal užsienio teisę įsteigtas juridinis asmuo ar kita organizacija veikia Lietuvos Respublikoje, tai asmenų, veikiančių to juridinio asmens ar kitos organizacijos vardu ir interesais, civilinė atsakomybė nustatoma pagal Lietuvos Respublikos teisę.

2. Juridinis asmuo ar kita organizacija negali reikalauti pripažinti negaliojančiu savo organo ar kito atstovo, viršijusio kompetenciją (įgaliojimus), sudarytą sandorį, jeigu jų įgaliojimų apribojimai nenustatyti kitos sandorio šalies nuolatinės gyvenamosios ar buveinės valstybės teisėje, išskyrus atvejus, kai kita sandorio šalis žinojo ar atsižvelgiant į jos padėtį ar santykius su kita šalimi turėjo žinoti tuos apribojimus.

1.23 straipsnis. Valstybei ir jos institucijoms, savivaldybėms ir jų institucijoms kaip civilinių teisinių santykių subjektams taikoma teisė

Valstybės ir jos institucijų, savivaldybių ir jų institucijų civilinis teisnumas nustatomas pagal atitinkamos valstybės teisę.

KETVIRTASIS SKIRSNIS ŠEIMOS TEISINIAMS SANTYKIAMS TAIKYTINA TEISĖ

1.24 straipsnis. Susitarimui tuoktis taikytina teisė 1. Susitarimą tuoktis ir jo teisines pasekmes nustato susitarimo šalių nuolatinės

gyvenamosios vietos teisė. 2. Jeigu susitarimo tuoktis šalių nuolatinės gyvenamosios vietos yra skirtingose valstybėse,

tai susitarimą tuoktis ir jo teisines pasekmes nustato susitarimo sudarymo vietos valstybės arba vienos šalies nuolatinės gyvenamosios vietos valstybės arba valstybės, kurios pilietis yra viena šalis, teisė, atsižvelgiant į tai, su kurios valstybės teise ginčas yra glaudžiausiai susijęs.

1.25 straipsnis. Teisė, taikytina santuokos sudarymo sąlygoms 1. Santuokinį veiksnumą ir kitas santuokos sudarymo sąlygas nustato Lietuvos

Respublikos teisė. 2. Santuoka registruojama Lietuvos Respublikos civilinės metrikacijos įstaigose, jeigu

bent vieno santuoką sudarančiųjų nuolatinė gyvenamoji vieta yra Lietuvoje arba bent vienas yra Lietuvos Respublikos pilietis santuokos sudarymo metu.

3. Užsienio valstybių piliečių ir asmenų be pilietybės, neturinčių nuolatinės gyvenamosios vietos Lietuvos Respublikoje, santuokinis veiksnumas ir kitos santuokos sudarymo sąlygos gali būti nustatomos pagal abiejų norinčių tuoktis asmenų nuolatinės gyvenamosios vietos valstybės teisę, jeigu sudaryta santuoka bus pripažįstama bent vieno norinčiojo tuoktis nuolatinės gyvenamosios vietos valstybėje.

4. Užsienio valstybėje teisėtai sudaryta santuoka pripažįstama Lietuvos Respublikoje, išskyrus atvejus, kai abu sutuoktiniai, kurių nuolatinė gyvenamoji vieta yra Lietuvos Respublikoje, santuoką sudarė užsienio valstybėje turėdami tikslą išvengti santuokos pripažinimo negaliojančia pagal Lietuvos Respublikos įstatymus.

1.26 straipsnis. Santuokos sudarymo tvarkai taikytina teisė Santuokos sudarymo tvarka nustatoma pagal santuokos sudarymo vietos valstybės teisę.

Santuoka taip pat pripažįstama galiojančia, jeigu jos sudarymo tvarka atitinka bent vieno sutuoktinio nuolatinės gyvenamosios vietos valstybės arba valstybės, kurios pilietis jis buvo santuokos sudarymo metu, teisės reikalavimus.

1.27 straipsnis. Asmeniniams sutuoktinių santykiams taikytina teisė 1. Sutuoktinių asmeniniams santykiams taikoma jų nuolatinės gyvenamosios vietos

valstybės teisė. 2. Jeigu sutuoktinių nuolatinės gyvenamosios vietos yra skirtingose valstybėse, jų

asmeniniams santykiams taikoma paskutinės jų bendros nuolatinės gyvenamosios vietos valstybės teisė. Jeigu sutuoktiniai neturėjo bendros nuolatinės gyvenamosios vietos, taikoma valstybės, su kuria sutuoktinių asmeniniai santykiai yra glaudžiausiai susiję, teisė. Jeigu negalima nustatyti, su kuria valstybe sutuoktinių asmeniniai santykiai yra glaudžiausiai susiję, taikoma santuokos sudarymo vietos valstybės teisė.

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1.28 straipsnis. Turtiniams sutuoktinių santykiams taikytina teisė 1. Sutuoktinių turto teisinį statusą nustato jų nuolatinės gyvenamosios vietos valstybės

teisė. Jeigu sutuoktinių nuolatinės gyvenamosios vietos yra skirtingose valstybėse, taikoma valstybės, kurios piliečiai yra abu sutuoktiniai, teisė. Jeigu sutuoktiniai yra skirtingų valstybių piliečiai ir niekada neturėjo bendros nuolatinės gyvenamosios vietos, taikoma santuokos sudarymo vietos valstybės teisė.

2. Sutuoktinių turto teisinį statusą pagal sutartis nustato sutuoktinių susitarimu pasirinktos valstybės teisė. Šiuo atveju sutuoktiniai gali pasirinkti valstybės, kurioje yra ar ateityje bus nuolatinė gyvenamoji vieta, teisę arba valstybės, kurioje buvo sudaryta santuoka ar kurios pilietis yra vienas sutuoktinis, teisę. Sutuoktinių susitarimas dėl taikytinos teisės galioja, jeigu jis atitinka jų pasirinktos valstybės arba susitarimo sudarymo vietos valstybės teisės reikalavimus.

3. Susitarimu pasirinkta taikytina teisė gali būti panaudota prieš trečiuosius asmenis tik tuo atveju, jeigu tretieji asmenys šį faktą žinojo ar turėjo žinoti.

4. Sutuoktinių susitarimu pasirinkta taikytina teisė gali būti panaudota sprendžiant ginčą, susijusį su daiktinėmis teisėmis į nekilnojamąjį daiktą, tik tais atvejais, kai buvo laikomasi nekilnojamojo daikto buvimo vietos valstybėje nustatytų šio turto ir daiktinių teisių į jį viešo registravimo reikalavimų.

5. Sutuoktinių susitarimui dėl turto teisinio statuso pakeitimo taikoma tokio pakeitimo metu buvusios sutuoktinių nuolatinės gyvenamosios vietos valstybės teisė. Jeigu sutuoktiniai turto teisinio statuso keitimo metu gyveno skirtingose valstybėse, taikoma paskutinės jų bendros nuolatinės gyvenamosios vietos valstybės teisė arba, jos nesant, teisė, kuri nustato turtinius sutuoktinių santykius.

1.29 straipsnis. Gyvenimui skyrium (separacijai) ir santuokos nutraukimui taikytina teisė

1. Gyvenimą skyrium (separaciją) ir santuokos nutraukimą nustato sutuoktinių nuolatinės gyvenamosios vietos teisė.

2. Jeigu sutuoktiniai neturi bendros nuolatinės gyvenamosios vietos, taikoma paskutinės jų bendros nuolatinės gyvenamosios vietos valstybės teisė, o kai tokios bendros vietos nėra, – bylą nagrinėjančio teismo valstybės teisė.

3. Jeigu valstybės, kurios piliečiai yra abu sutuoktiniai, teisė draudžia nutraukti santuoką arba nustato specialias santuokos nutraukimo sąlygas, santuoka gali būti nutraukta pagal Lietuvos Respublikos įstatymus, kai vienas sutuoktinis taip pat yra ir Lietuvos Respublikos pilietis arba turi nuolatinę gyvenamąją vietą Lietuvos Respublikoje.

1.30 straipsnis. Santuokos pripažinimo negaliojančia, jos nutraukimo ir gyvenimo skyrium (separacijos) bylų jurisdikcija

Santuokos pripažinimo negaliojančia, jos nutraukimo ir gyvenimo skyrium (separacijos) bylos priklauso Lietuvos Respublikos teismų jurisdikcijai Lietuvos Respublikos civilinio proceso kodekso numatytais atvejais.

1.31 straipsnis. Vaikų kilmės nustatymui (legitimacijai) taikytina teisė 1. Vaiko kilmė (tėvystės ar motinystės pripažinimas, nustatymas ar nuginčijimas)

nustatoma arba pagal valstybės, kurios piliečiu tapo vaikas gimdamas, arba pagal valstybės, pripažįstamos kaip vaiko nuolatinė gyvenamoji vieta jo gimimo momentu, arba pagal vieno iš vaiko tėvų nuolatinės gyvenamosios vietos ar valstybės, kurios piliečiu jis buvo vaiko gimimo momentu, teisę, atsižvelgiant į tai, kurios iš šių valstybių teisė yra palankesnė vaikui.

2. Vaiko kilmės nustatymo pasekmes nustato vaiko nuolatinės gyvenamosios vietos valstybės teisė.

3. Vaiko kilmės klausimus sprendžia Lietuvos Respublikos teismai ar kitos Lietuvos valstybės institucijos, jeigu vaiko ar vieno iš jo tėvų nuolatinė gyvenamoji vieta yra Lietuvos Respublikoje.

4. Vaiko tėvo (motinos) veiksnumas pripažįstant tėvystę (motinystę) nustatomas pagal valstybės, kurioje yra jo (jos) nuolatinė gyvenamoji vieta tėvystės (motinystės) pripažinimo metu,

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teisę. Tėvystės (motinystės) pripažinimo formai taikoma tėvystės (motinystės) pripažinimo vietos arba vaiko nuolatinės gyvenamosios vietos valstybės teisė.

5. Šio straipsnio nuostatos taip pat taikomos nesusituokusiems tėvams gimusio vaiko kilmės nustatymui (legitimacijai).

1.32 straipsnis. Vaikų ir tėvų tarpusavio santykiams taikytina teisė 1. Vaikų ir tėvų asmeniniams ir turtiniams santykiams taikoma vaiko nuolatinės

gyvenamosios vietos valstybės teisė. 2. Jeigu nė vienas iš vaiko tėvų neturi nuolatinės gyvenamosios vietos valstybėje, kurioje

yra vaiko nuolatinė gyvenamoji vieta, o vaikas ir abu jo tėvai yra tos pačios valstybės piliečiai, taikoma valstybės, kurios piliečiai jie visi yra, teisė.

1.33 straipsnis. Įvaikinimo santykiams taikytina teisė 1. Įvaikinimo santykiai nustatomi pagal vaiko nuolatinės gyvenamosios vietos valstybės

teisę. 2. Jeigu yra aišku, kad įvaikinus pagal įvaikinamo vaiko nuolatinės gyvenamosios vietos

valstybės teisę įvaikinimas nebus pripažįstamas įtėvių (įtėvio) nuolatinės gyvenamosios vietos valstybėje ar valstybėje, kurios piliečiai jie (jis) yra, gali būti įvaikinama pagal šių valstybių teisę, jeigu tai nepakenks vaiko interesams. Jeigu neaišku, ar įvaikinimas bus pripažintas kitoje valstybėje, įvaikinti draudžiama.

3. Įvaikio ir įtėvių bei jų giminaičių tarpusavio santykiams taikoma įtėvių (įtėvio) nuolatinės gyvenamosios vietos valstybės teisė.

4. Bylos, susijusios su įvaikinimu, priklauso Lietuvos Respublikos teismų jurisdikcijai, jeigu vaiko ar jo įtėvių (įtėvio) nuolatinė gyvenamoji vieta yra Lietuvos Respublikoje.

1.34 straipsnis. Nepilnamečių gynimui, jų globai ir rūpybai taikytina teisė Nepilnamečių gynimui, jų globai ir rūpybai taikytina teisė nustatoma pagal 1961 m. spalio

5 d. Hagos konvenciją dėl valdžios institucijų teisių ir taikytinos teisės nepilnamečių teisių gynimo srityje.

1.35 straipsnis. Pilnamečių šeimos narių globai ir rūpybai taikytina teisė 1. Pilnamečių šeimos narių globą ir rūpybą nustato šių asmenų nuolatinės gyvenamosios

vietos valstybės teisė. 2. Bylos, susijusios su pilnamečių asmenų globa ar rūpyba, priklauso Lietuvos

Respublikos teismų jurisdikcijai, jeigu tokio asmens nuolatinė gyvenamoji ar turto buvimo vieta yra Lietuvos Respublikoje.

1.36 straipsnis. Šeimos narių tarpusavio išlaikymo (alimentiniams) santykiams taikytina teisė

Šeimos narių tarpusavio išlaikymo (alimentiniams) santykiams taikytina teisė nustatoma pagal 1973 m. spalio 2 d. Hagos konvenciją dėl išlaikymo prievolėms taikytinos teisės.

PENKTASIS SKIRSNIS SUTARTINĖMS PRIEVOLĖMS TAIKYTINA TEISĖ

1.37 straipsnis. Sutartinėms prievolėms taikytina teisė 1. Sutartinėms prievolėms taikoma prievolės šalių susitarimu pasirinkta teisė. Toks šalių

susitarimas gali būti numatytas pagal šalių sudarytos sutarties sąlygas arba gali būti nustatomas pagal faktines bylos aplinkybes. Šalys savo susitarimu gali pasirinkti tam tikros valstybės teisę, kuri bus taikoma visai sutarčiai arba atskirai jos daliai ar atskiroms dalims.

2. Šalys savo susitarimu bet kada gali pakeisti anksčiau pasirinktą sutartinei prievolei taikytiną teisę kita teise. Taikytinos teisės pakeitimas galioja atgaline tvarka, tačiau negali būti panaudotas prieš trečiuosius asmenis ir nepadaro sutarties negaliojančios.

3. Aplinkybė, kad šalys susitarimu pasirinko sutarčiai taikytiną užsienio teisę, nėra pagrindas atsisakyti taikyti Lietuvos Respublikos ar kitos valstybės imperatyvias teisės normas, kurių šalys savo susitarimu negali pakeisti ar jų atsisakyti.

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4. Jeigu šalys nepasirinko taikytinos teisės, taikoma valstybės, su kuria sutartinė prievolė yra labiausiai susijusi, teisė. Tokiu atveju preziumuojama, kad labiausiai su prievole pagal sutartį yra susijusi valstybė, kurios teritorijoje yra:

1) šalies, kuri turi įvykdyti pareigą, labiausiai būdingą tai sutarčiai, nuolatinė gyvenamoji vieta ar centrinė administracija. Jeigu prievolė yra labiau susijusi su prievolės šalies verslo vietos valstybės teise, taikoma verslo vietos valstybės teisė;

2) nekilnojamojo daikto buvimo vieta, kai sutarties dalykas yra teisė į nekilnojamąjį daiktą ar teisė naudoti nekilnojamąjį daiktą;

3) vežėjo pagrindinė verslo vieta vežimo sutarties sudarymo metu, jeigu toje pat valstybėje, kur yra vežėjo pagrindinė verslo vieta, buvo pakrauti kroviniai ar yra krovinio siuntėjo pagrindinė buveinė arba krovinio išsiuntimo vieta.

5. Šio straipsnio 4 dalis netaikoma, jeigu sutarčiai labiausiai būdingos pareigos įvykdymo vietos nustatyti negalima ir toje dalyje nustatytomis prezumpcijomis negalima remtis, nes iš bylos aplinkybių matyti, kad sutartis yra labiau susijusi su kita valstybe.

6. Draudimo sutartims taikoma valstybės, kurios teritorijoje yra draudiko nuolatinė gyvenamoji ar verslo vieta, o nekilnojamojo daikto draudimo atveju – valstybės, kurios teritorijoje yra daiktas, teisė.

7. Arbitražiniam susitarimui taikoma teisė, reglamentuojanti pagrindinę sutartį, o jei ši negalioja, arbitražinio susitarimo sudarymo vietos teisė, o kai sudarymo vietos nustatyti neįmanoma, – arbitražo vietos valstybės teisė.

8. Sutartims, sudarytoms biržoje ar aukcione, taikoma biržos ar aukciono vietos valstybės teisė.

1.38 straipsnis. Sandorio formai taikytina teisė 1. Sandorio formai taikytina teisė nustatoma pagal šio kodekso 1.37 straipsnio 1 dalies

nuostatas. 2. Jeigu sandorio šalys susitarimu nepasirinko taikytinos teisės, sandorio formai taikoma

sandorio sudarymo vietos teisė. Skirtingose valstybėse esančių šalių sudaryta sutartis taip pat galioja, jeigu jos forma atitinka bent vienos iš tų valstybių tokio sandorio formai taikomus teisės reikalavimus.

3. Sandorių, kurių dalykas yra nekilnojamasis daiktas ar teisės į jį, forma turi atitikti nekilnojamojo daikto buvimo vietos valstybės teisės reikalavimus.

4. Vartojimo sutarčių, sudarytų šio kodekso 1.39 straipsnio 1 dalyje numatytais atvejais, formai yra taikoma vartotojo nuolatinės gyvenamosios vietos teisė.

1.39 straipsnis. Užsienio teisės taikymo vartojimo sutartims ypatumai 1. Šiame ir kituose šio kodekso straipsniuose minima vartojimo sutartimi yra laikoma

sutartis dėl prekių ar paslaugų įsigijimo, kurią fizinis asmuo (vartotojas) su prekių ar paslaugų pardavėju (tiekėju) sudaro su vartotojo verslu ar profesija nesusijusiu tikslu, t. y. vartotojo asmeniniams, šeimos, namų ūkio poreikiams tenkinti.

2. Šio kodekso 1.37 straipsnio 1 dalyje numatyta sutarties šalių teisė pasirinkti sutartinei prievolei taikytiną teisę neatima ir neriboja vartotojo teisės ginti savo interesus priemonėmis ir būdais, kuriuos nustato jo nuolatinės gyvenamosios vietos valstybės teisė, jeigu:

1) vartojimo sutartis buvo sudaryta jo nuolatinės gyvenamosios vietos valstybėje pagal specialią ofertą ar reklamą toje šalyje;

2) vartotojas buvo kitos sutarties šalies paskatintas vykti į užsienio valstybę sudaryti sutarties;

3) kita šalis ar jos atstovas gavo užsakymą iš vartotojo šio nuolatinės gyvenamosios vietos valstybėje.

3. Jeigu vartojimo sutarties šalys nepasirinko taikytinos teisės, taikoma valstybės, kurioje yra vartotojo nuolatinė gyvenamoji vieta, teisė.

4. Šio straipsnio nuostatos netaikomos vežimo sutartims, taip pat paslaugų sutartims, pagal kurias vartotojui paslaugos teikiamos tik kitoje valstybėje, o ne Lietuvos Respublikoje.

1.40 straipsnis. Įgaliojimo formai, galiojimo terminui ir turiniui taikytina teisė

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Įgaliojimo formai taikoma valstybės, kurioje jis išduotas, teisė. Įgaliojimo galiojimo terminas, jeigu nenurodytas įgaliojime, taip pat atstovo teisės ir pareigos, atstovo ir atstovaujamojo tarpusavio atsakomybė bei jų atsakomybė tretiesiems asmenims yra nustatoma pagal valstybės, kurioje atstovas veikia, teisę.

1.41 straipsnis. Dovanojimo sutartims taikytina teisė 1. Dovanojimo sutartims taikoma dovanotojo nuolatinės gyvenamosios ar verslo vietos

valstybės teisė, išskyrus nekilnojamojo daikto dovanojimo sutartis, šioms sutartims taikoma nekilnojamojo daikto buvimo vietos teisė.

2. Dovanojimo sutartis negali būti pripažinta negaliojančia, jeigu jos forma atitinka dovanojimo sutarties sudarymo vietos arba dovanotojo nuolatinės gyvenamosios ar verslo vietos valstybės teisės reikalavimus.

1.42 straipsnis. Reikalavimo perleidimui ar skolos perkėlimui taikytina teisė 1. Su reikalavimo perleidimu ar skolos perkėlimu susijusiems santykiams taikoma šalių

susitarimu pasirinkta teisė. 2. Šalių pasirinkta teisė perleidžiant reikalavimą negali būti panaudota prieš skolininką,

jeigu nebuvo gautas jo sutikimas dėl pasirinktos taikytinos teisės. 3. Jeigu šalys nepasirinko taikytinos teisės, su reikalavimo perleidimu ir skolos perkėlimu

susijusiems santykiams taikoma teisė, reglamentuojanti pagrindinę prievolę, dėl kurios atsirandantis reikalavimas (skola) yra perleidžiamas (perkeliama).

4. Reikalavimo perleidimo ar skolos perkėlimo formai taikoma reikalavimo perleidimui ar skolos perkėlimui taikytina teisė.

ŠEŠTASIS SKIRSNIS PADARYTOS ŽALOS (DELIKTINĖMS) PRIEVOLĖMS TAIKYTINA TEISĖ

1.43 straipsnis. Dėl padarytos žalos atsirandančioms prievolėms taikytina teisė 1. Šalių teisės ir pareigos pagal prievoles, atsirandančias dėl padarytos žalos,

nukentėjusiojo pasirinkimu nustatomos pagal valstybės, kurioje padarytas veiksmas ar buvo kitokių žalą sukėlusių aplinkybių, teisę arba pagal žalos atsiradimo vietos valstybės teisę.

2. Jeigu veiksmo padarymo ar kitokių aplinkybių arba žalos atsiradimo vietos valstybės nustatyti neįmanoma, taikoma valstybės, su kuria yra labiausiai susijusi ta žalos atlyginimo byla, teisė.

3. Po žalos padarymo šalys gali susitarti, kad žalos atlyginimui bus taikoma bylą nagrinėjančio teismo vietos valstybės teisė.

4. Jeigu abiejų šalių nuolatinė gyvenamoji vieta yra toje pat valstybėje, žalos atlyginimui taikoma šios valstybės teisė.

5. Prievolėms, atsirandančioms dėl netinkamos kokybės produktų padarytos žalos, taikoma žalos padarymo vietos valstybės teisė, jeigu šioje valstybėje yra nukentėjusiojo nuolatinė gyvenamoji vieta ar atsakingo už žalą asmens verslo vieta arba šioje valstybėje nukentėjusysis įsigijo produktą. Jeigu nukentėjusiojo nuolatinės gyvenamosios vietos valstybėje yra atsakingo už žalą asmens verslo vieta arba šioje valstybėje nukentėjusysis įsigijo produktą, tai taikoma nukentėjusiojo nuolatinės gyvenamosios vietos valstybės teisė. Jeigu pagal šioje dalyje išvardytus kriterijus taikytinos teisės nustatyti negalima, taikoma atsakingo už žalą asmens verslo vietos valstybės teisė, išskyrus atvejus, kai ieškovas savo reikalavimą grindžia žalos padarymo vietos valstybės teise.

6. Remiantis prievolėms, atsirandančioms dėl žalos padarymo, taikytina teise nustatomos civilinės atsakomybės sąlygos, jos mastas, atsakingas asmuo, atleidimo nuo civilinės atsakomybės sąlygos.

1.44 straipsnis. Eismo įvykio metu padarytos žalos atlyginimui taikytina teisė Reikalavimams atlyginti žalą, padarytą eismo įvykio metu, taikytina teisė nustatoma pagal

1971 m. gegužės 4 d. Hagos konvenciją dėl eismo įvykiams taikytinos teisės.

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1.45 straipsnis. Reikalavimams atlyginti asmeninėms neturtinėms teisėms padarytą žalą taikytina teisė

1. Reikalavimams atlyginti asmeninėms neturtinėms teisėms visuomenės informavimo priemonių veiksmais padarytą žalą taikoma nukentėjusiojo pasirinkimu nukentėjusiojo nuolatinės gyvenamosios ar verslo vietos arba žalos atsiradimo vietos valstybės teisė, arba žalą padariusio asmens nuolatinės gyvenamosios ar verslo vietos valstybės teisė.

2. Replikai (paneigimui) taikoma valstybės, kurioje buvo paskelbta publikacija ar iš kurios buvo transliuojama radijo ar televizijos laida, teisė.

1.46 straipsnis. Reikalavimams atlyginti nesąžininga konkurencija padarytą žalą taikytina teisė

Reikalavimams atlyginti nesąžininga konkurencija padarytą žalą taikoma valstybės, kurios rinkoje atsirado nesąžiningos konkurencijos neigiamos pasekmės, teisė. Jeigu nesąžininga konkurencija pažeidė tik pavienio asmens interesus, taikoma valstybės, kurios teritorijoje yra nukentėjusiojo verslo vieta, teisė.

1.47 straipsnis. Skolininkų daugetas Jeigu žalą padarė keli asmenys, taikytina teisė nustatoma atskirai kiekvienam iš jų pagal

šio kodekso 1.43 straipsnio nuostatas.

SEPTINTASIS SKIRSNIS DAIKTINĖMS TEISĖMS TAIKYTINA TEISĖ

1.48 straipsnis. Nuosavybės teisiniams santykiams taikytina teisė 1. Nuosavybės teisė ir kitos daiktinės teisės į nekilnojamąjį ir kilnojamąjį daiktą

nustatomos pagal valstybės, kurioje buvo tas daiktas jo teisinės padėties pasikeitimo metu, teisę. Daiktas pripažįstamas nekilnojamuoju ar kilnojamuoju pagal jo buvimo vietos valstybės teisę.

2. Nuosavybės ir kitų daiktinių teisių oficialiai registracijai taikoma valstybės, kurioje yra daiktas jo registravimo metu, teisė.

3. Nuosavybės teisė ir kitos daiktinės teisės į vežamą daiktą (krovinį) nustatomos pagal šio daikto paskyrimo vietos valstybės teisę.

4. Nuosavybės teisė į nekilnojamąjį daiktą, kai yra įgyjamoji senatis, nustatoma pagal daikto buvimo vietos valstybės teisę.

1.49 straipsnis. Šalių teisė pasirinkti kilnojamajam daiktui taikytiną teisę 1. Kaip taikytiną teisių į kilnojamąjį daiktą atsiradimui ir pabaigai teisę šalys susitarimu

gali pasirinkti daikto išsiuntimo ar paskyrimo vietos valstybės teisę arba sandoriui taikytiną teisę. 2. Aplinkybė, kad šalys pasirinko tokią taikytiną teisę, negali būti panaudota prieš

trečiuosius asmenis.

1.50 straipsnis. Teisės į kilnojamąjį daiktą suvaržymams taikytina teisė 1. Jeigu teisė į daiktą, kuris įvežamas į Lietuvos Respubliką, yra suvaržytas užsienyje, tai

pripažįstama, kad ši teisė yra suvaržyta ir Lietuvos Respublikoje. 2. Užsienyje atsiradusi daikto sulaikymo teisė galioja ir įvežtam į Lietuvos Respubliką

kilnojamajam daiktui, tačiau ji negali būti panaudota prieš sąžiningus trečiuosius asmenis. 3. Daikto sulaikymo teisę eksportuojamam kilnojamajam daiktui nustato daikto paskyrimo

vietos valstybės teisė.

1.51 straipsnis. Įkeitimui taikytina teisė 1. Teisių, vertybinių popierių ir reikalavimo teisės įkeitimą nustato šalių susitarimu

pasirinkta teisė, tačiau taikytinos teisės pasirinkimas negali būti panaudotas prieš trečiuosius asmenis.

2. Jeigu šalys nepasirinko taikytinos teisės, reikalavimo teisę ir vertybinių popierių įkeitimą nustato kreditoriaus nuolatinės gyvenamosios ar verslo vietos valstybės teisė, o kitų teisių įkeitimą – šioms teisėms taikytina teisė.

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AŠTUNTASIS SKIRSNIS INTELEKTINEI NUOSAVYBEI TAIKYTINA TEISĖ

1.52 straipsnis. Su intelektinės nuosavybės teise susijusioms sutartims taikytina teisė 1. Jeigu šalys nepasirinko taikytinos teisės (šio kodekso 1.37 straipsnis), su intelektinės

nuosavybės teisėmis susijusioms sutartims taikoma šias teises perleidžiančios ar suteikiančios teisę jomis naudotis šalies nuolatinės gyvenamosios ar verslo vietos valstybės teisė.

2. Darbdavio ir darbuotojo sutartims dėl intelektinės nuosavybės objekto sukūrimo darbo metu taikoma darbo sutartims taikytina teisė.

1.53 straipsnis. Intelektinės nuosavybės teisės ir jų gynimui taikytina teisė 1. Intelektinės nuosavybės teisėms ir jų gynimui taikoma valstybės, kurioje prašoma

apginti šias teises, teisė. 2. Jeigu yra pažeistos intelektinės nuosavybės teisės, šalys po žalos padarymo savo

susitarimu kaip taikytiną teisę gali pasirinkti bylą nagrinėjančio teismo vietos valstybės teisę.

DEVINTASIS SKIRSNIS KITOKIOMS PRIEVOLĖMS TAIKYTINA TEISĖ

1.54 straipsnis. Dėl turto nepagrįsto įgijimo ar sutaupymo atsirandančioms prievolėms taikytina teisė

1. Iš prievolės, įvykdytos be teisinio pagrindo, atsirandantiems reikalavimams taikoma valstybės, pagal kurios įstatymus nustatytinas prievolės teisinis pagrindas, teisė.

2. Dėl turto nepagrįsto įgijimo neteisėtais veiksmais atsirandantiems reikalavimams taikoma valstybės, kur buvo atlikti neteisėti veiksmai, teisė.

3. Jeigu turtas buvo nepagrįstai įgytas ar sutaupytas egzistuojant šalių teisiniam santykiui, taikoma tą teisinį santykį nustatanti teisė.

1.55 straipsnis. Vienašaliams sandoriams taikytina teisė Vienašaliams sandoriams taikoma valstybės, kurioje jie buvo sudaryti, teisė.

1.56 straipsnis. Vertybiniams popieriams taikytina teisė 1. Čekiams ir vekseliams taikomos 1931 m. kovo 19 d. Ženevos konvencija dėl įstatymų

kolizijų naudojant čekius sprendimo ir 1930 m. birželio 7 d. Ženevos konvencija dėl įstatymų kolizijų naudojant įsakomuosius ir paprastuosius vekselius sprendimo.

2. Kitiems vertybiniams popieriams taikoma jų išleidimo (išdavimo) vietos valstybės teisė.

1.57 straipsnis. Atsiskaitymų valiutai taikytina teisė 1. Atsiskaitymų valiuta nustatoma pagal valstybės, kurioje turi būti atliktas mokėjimas,

teisę, jeigu šalys savo susitarimu nėra pasirinkusios atsiskaitymų valiutos. 2. Visais kitais atvejais valiutai taikoma valiutos valstybės teisė.

1.58 straipsnis. Kitais pagrindais atsirandančioms prievolėms taikytina teisė Dėl kito asmens reikalų tvarkymo atsirandančioms prievolėms ir kitais šiame skyriuje

nenumatytais pagrindais atsirandančioms prievolėms taikoma valstybės, kurioje buvo prievolių atsiradimo pagrindas, teisė.

1.59 straipsnis. Ieškinio senačiai taikytina teisė Ieškinio senatis nustatoma pagal teisę, kuri taikoma civilinių teisinių santykių dalyvių

teisėms ir pareigoms nustatyti.

DEŠIMTASIS SKIRSNIS PAVELDĖJIMO SANTYKIAMS TAIKYTINA TEISĖ

1.60 straipsnis. Veiksnumas pagal testamentą Testatoriaus galėjimas sudaryti, pakeisti ar panaikinti testamentą nustatomas pagal

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testatoriaus nuolatinės gyvenamosios vietos valstybės teisę. Jeigu asmuo nuolatinės gyvenamosios vietos neturėjo ar ją nustatyti neįmanoma, tai galėjimas sudaryti testamentą nustatomas pagal jo sudarymo vietos valstybės teisę.

1.61 straipsnis. Testamento forma 1. Testamento, jo pakeitimo ar panaikinimo formai taikoma šių aktų sudarymo vietos

valstybės teisė. 2. Testamentas, jo pakeitimas ar panaikinimas taip pat galioja, jeigu šių aktų forma atitinka

testatoriaus nuolatinės gyvenamosios vietos valstybės teisės reikalavimus arba valstybės, kurios pilietis testatorius buvo šių aktų sudarymo metu, arba jo gyvenamosios vietos valstybės šių aktų sudarymo ar mirties metu teisės reikalavimus. Testamentas dėl nekilnojamojo daikto, taip pat tokio testamento pakeitimas ar panaikinimas galioja, jeigu jų forma atitinka nekilnojamojo daikto buvimo vietos valstybės teisę.

1.62 straipsnis. Kitiems paveldėjimo teisės santykiams taikytina teisė 1. Kitiems paveldėjimo teisės santykiams, išskyrus su nekilnojamųjų daiktų paveldėjimu

susijusius, taikoma valstybės, kurios teritorijoje buvo nuolatinė palikėjo gyvenamoji vieta jo mirties momentu, teisė. Nekilnojamojo daikto paveldėjimo santykiams taikoma nekilnojamojo daikto buvimo vietos valstybės teisė.

2. Jeigu palikimas atsirado po Lietuvos Respublikos piliečio mirties, tai nepaisant taikytinos teisės jo įpėdiniai, gyvenantys Lietuvos Respublikoje ir turintys teisę į privalomąją palikimo dalį, paveldi šią dalį pagal Lietuvos Respublikos teisę, išskyrus nekilnojamuosius daiktus.

3. Jeigu pagal paveldėjimo santykiams taikytiną teisę turtas negali pereiti užsienio valstybei, kai kitų įpėdinių nėra, o turtas yra Lietuvoje, tai šis turtas pereina Lietuvos Respublikos nuosavybėn.

II DALIS SANDORIAI

III SKYRIUS SANDORIŲ SAMPRATA IR FORMA

1.63 straipsnis. Sandorių samprata ir rūšys 1. Sandoriais laikomi asmenų veiksmai, kuriais siekiama sukurti, pakeisti arba panaikinti

civilines teises ir pareigas. 2. Sandoriai gali būti vienašaliai, dvišaliai ir daugiašaliai. 3. Vienašaliu laikomas sandoris, kuriam sudaryti būtina ir pakanka vienos šalies valios. 4. Iš vienašalio sandorio atsiranda pareigos jį sudariusiam asmeniui. Kitiems asmenims iš

vienašalio sandorio pareigos atsiranda tik įstatymų nustatytais atvejais arba kai tie asmenys sutinka.

5. Vienašaliams sandoriams prievoles ir sutartis reglamentuojančios teisės normos taikomos tiek, kiek tai neprieštarauja įstatymams ir vienašalio sandorio esmei.

6. Dvišaliu laikomas sandoris, kuriam sudaryti būtina dviejų šalių suderinta valia. 7. Daugiašaliu laikomas sandoris, kuriam sudaryti reikalinga suderinta trijų ir daugiau

šalių valia.

1.64 straipsnis. Valios išreiškimo forma 1. Sandorį sudarančio asmens laisva valia gali būti išreikšta žodžiu, raštu, veiksmu ar

kitokia valios išreiškimo forma. 2. Asmens valia gali būti numanoma atsižvelgiant į konkrečias sandorio sudarymo

aplinkybes. 3. Tylėjimas laikomas asmens valios išraiška tik įstatymų ar sandorio šalių susitarimo

numatytais atvejais.

1.65 straipsnis. Valios išreiškimas viešu skelbimu

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1. Įstatymų ar sutarties nustatytais atvejais asmuo turi teisę išreikšti savo valią viešu skelbimu šio straipsnio nustatyta tvarka (viešas įgaliojimas, viešas įgaliojimo panaikinimas ir kt.).

2. Viešas skelbimas skelbiamas paskutinės žinomos kitos sandorio šalies gyvenamosios ar verslo vietos arba viešai išreiškiančio savo valią asmens gyvenamosios ar verslo vietos laikraštyje ir pagrindiniuose Lietuvos Respublikos dienraščiuose Civilinio proceso kodekso nustatyta viešo teismo pranešimų ir šaukimų skelbimo tvarka. Teismas prireikus gali nustatyti ir kitokią asmens valios viešo skelbimo tvarką.

3. Preziumuojama, kad valios išreiškimas tapo žinomas kitai sandorio šaliai praėjus keturiolikai dienų nuo paskutinio viešo paskelbimo dienos. Tačiau ši prezumpcija netaikoma, jeigu savo valią viešai paskelbęs asmuo neatliko visų įmanomų ir jam prieinamų veiksmų kitos sandorio šalies gyvenamajai ar verslo vietai nustatyti.

4. Apie asmens valią viešai skelbiama valią reiškiančiojo lėšomis.

1.66 straipsnis. Sąlyginis sandoris 1. Teisių arba pareigų atsiradimą, pasikeitimą ar pabaigą sandoris gali padaryti

priklausomus nuo tam tikrų sąlygų buvimo ar nebuvimo. 2. Sandoris laikomas sudarytu su atidedamąja sąlyga, jeigu šalys sandoriu nustatomų teisių

ir pareigų atsiradimą padarė priklausomą nuo tokios aplinkybės, kurios buvimas ar nebuvimas nežinomas.

3. Sandoris laikomas sudarytu su naikinamąja sąlyga, jeigu šalys sandoriu nustatomų teisių ir pareigų pasibaigimą padarė priklausomą nuo aplinkybės, kurios buvimas ar nebuvimas nežinomas.

4. Jeigu teisių ar pareigų atsiradimą, pasikeitimą ar pabaigą šalys padarė priklausomus nuo neteisėtos arba viešajai tvarkai ar gerai moralei prieštaraujančios sąlygos įvykdymo arba nuo neteisėtų veiksmų atlikimo, tai toks sandoris yra niekinis.

1.67 straipsnis. Nesąžiningo sukliudymo ar padėjimo sąlygai atsirasti pasekmės 1. Jeigu sąlygai atsirasti nesąžiningai sukliudė šalis, kuriai ta sąlyga nenaudinga, tai

pripažįstama, kad sąlyga buvo. 2. Jeigu sąlygai atsirasti nesąžiningai padėjo šalis, kuriai ta sąlyga naudinga, tai

pripažįstama, kad sąlygos nebuvo.

1.68 straipsnis. Kitos sąlyginio sandorio pasekmės 1. Jeigu sąlyga sandorio sudarymo metu jau buvo, tai sandoris laikomas besąlyginiu, kai ta

sąlyga atidedamoji, arba niekiniu, kai ta sąlyga naikinamoji. 2. Jeigu sandorio sudarymo metu buvo aišku, kad sąlygos neatsiras, tai sandoris laikomas

besąlyginiu, kai ta sąlyga atidedamoji, arba niekiniu, kai ta sąlyga naikinamoji. 3. Jeigu atidedamosios sąlygos objektyviai negali būti, tai sandoris yra niekinis, o jeigu

objektyviai negali būti naikinamosios sąlygos, sandoris yra besąlyginis. 4. Jeigu atidedamosios sąlygos buvimas išimtinai priklauso tik nuo skolininko valios, tai

sandoris yra niekinis.

1.69 straipsnis. Sandorio sudarymo vieta 1. Vienašalio sandorio sudarymo vieta laikoma sandorio šalies valios išreiškimo vieta

(įgaliojimo sudarymo, testamento patvirtinimo vieta ir t. t.). 2. Dvišalio ar daugiašalio sandorio sudarymo vieta laikoma oferento gyvenamoji ar verslo

vieta, jeigu šalių susitarimo ar įstatymų nenumatyta kas kita. 3. Jeigu sandoriui sudaryti nebūtina, kad oferentas gautų pranešimą apie akceptą, tai

sandorio sudarymo vieta laikoma akceptanto gyvenamoji ar verslo vieta arba akceptanto faktinių veiksmų atlikimo vieta.

1.70 straipsnis. Sandorių sudarymo tvarka 1. Fiziniai asmenys sandorius sudaro patys arba per atstovus. Neleidžiama sudaryti

sandorio per atstovą, jeigu to pobūdžio sandorį kaip to sandorio šalis gali sudaryti tik asmeniškai pats fizinis asmuo, taip pat įstatymų numatytų kitų sandorių.

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2. Juridinių asmenų vardu sandorius sudaro jų steigimo dokumentuose numatyti organai arba atstovai.

1.71 straipsnis. Sandorių forma 1. Sandoriai sudaromi žodžiu, raštu (paprasta arba notarine forma) arba konkliudentiniais

veiksmais. 2. Sandoris, kuriam įstatymai nenustato konkrečios formos, laikomas sudarytu, jeigu iš

asmens elgesio matyti jo valia sudaryti sandorį (konkliudentiniai veiksmai).

1.72 straipsnis. Žodinė sandorių forma 1. Sandoriai, kuriems įstatymai ar šalių susitarimas nenustato rašytinės formos, gali būti

sudaromi žodžiu. 2. Su rašytinės sutarties vykdymu susiję sandoriai gali būti sudaromi žodžiu, jeigu tai

neprieštarauja įstatymams ar sutarčiai.

1.73 straipsnis. Rašytinė sandorių forma 1. Paprasta rašytine forma turi būti sudaromi: 1) fizinių asmenų sandoriai, kai sandorio suma sudarymo metu yra didesnė kaip penki

tūkstančiai litų, išskyrus sandorius, kurie ir įvykdomi sudarymo metu; 2) juridinių asmenų steigimo sandoriai; 3) prekių pirkimopardavimo išsimokėtinai sutartys; 4) draudimo sutartys; 5) arbitražiniai susitarimai; 6) kilnojamojo daikto nuomos ilgesniam nei vienerių metų terminui sutartys; 7) preliminarinės sutartys; 8) asmens išlaikymo iki gyvos galvos (rentos) sutartys; 9) taikos sutartys; 10) kiti sandoriai, kuriems šis kodeksas ar kiti įstatymai nustato privalomą paprastą

rašytinę formą. 2. Rašytinės formos sandoriai sudaromi surašant vieną dokumentą, pasirašomą visų

sandorio šalių, arba šalims apsikeičiant atskirais dokumentais. Rašytinės formos dokumentui prilyginami šalių pasirašyti dokumentai, perduoti telegrafinio, faksimilinio ryšio ar kitokiais telekomunikacijų galiniais įrenginiais, jeigu yra užtikrinta teksto apsauga ir galima identifikuoti parašą.

3. Šalys susitarimu gali nustatyti papildomų rašytinės sandorio formos reikalavimų (tam tikrų asmenų parašų buvimas, dokumento antspaudavimas, specialios formos dokumento surašymas ir t. t.) bei numatyti tokių papildomų reikalavimų nesilaikymo teisines pasekmes. Kai šalys šių reikalavimų nesilaiko, sandoris laikomas nesudarytu, jeigu šalių susitarimu nenustatyta ko kita.

1.74 straipsnis. Notarinė sandorių forma 1. Notarine forma turi būti sudaromi: 1) daiktinių teisių į nekilnojamąjį daiktą perleidimo ir daiktinių teisių bei nekilnojamojo

daikto suvaržymo sandoriai; 2) vedybų sutartys (ikivedybinė ir povedybinė); 3) kiti sandoriai, kuriems šis kodeksas nustato privalomą notarinę formą.

1.75 straipsnis. Teisinė sandorių registracija 1. Įstatymas gali nustatyti privalomą tam tikrų sandorių teisinę registraciją. Šalims

sandoris galioja, nors ir nėra privalomai įregistruotas. Šalių teisės ir pareigos tokiais atvejais atsiranda ne nuo sandorio įregistravimo, o nuo to momento, kuris yra nustatytas įstatyme ar šalių susitarimu, išskyrus atvejus, kai šis kodeksas nustato, kad šalių teisės ir pareigos atsiranda tik nuo sandorio įregistravimo.

2. Neįregistravusios sandorio šalys negali panaudoti sandorio fakto prieš trečiuosius asmenis ir įrodinėti savo teisių prieš trečiuosius asmenis remdamosi kitais įrodymais.

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3. Jeigu tą patį daiktą ar daiktines teises įgijo keli asmenys, tačiau vienas asmuo sandorį įregistravo, o kiti ne, tai laikoma, kad daiktą ar daiktines teises įgijo sandorį įregistravęs asmuo. Jeigu nė vienas asmuo sandorio neįregistravo, laikoma, kad teises įgijo pirmasis sandorį sudaręs asmuo.

4. Jeigu tas pačias teises į daiktą ar daiktines teises įregistravo keli asmenys, tai laikoma, kad teises įgijo pirmasis sandorį įregistravęs asmuo.

5. Privalomą sandorių teisinę registraciją atliekančių valstybės institucijų ar kitų organizacijų darbuotojų neteisėtais veiksmais asmenims padarytą žalą atlygina valstybė.

1.76 straipsnis. Rašytinės formos sandorių pasirašymas 1. Rašytinės formos sandorius turi pasirašyti juos sudarę asmenys. Jeigu fizinis asmuo dėl

fizinio trūkumo, ligos ar kitokių priežasčių negali pats pasirašyti, jo pavedimu sandorį gali už jį pasirašyti kitas asmuo. Už kitą asmenį pasirašiusio asmens parašą turi patvirtinti notaras arba įmonės, įstaigos ar organizacijos, kurioje jis dirba ar mokosi, vadovas ar jo pavaduotojas, arba stacionarinės gydymo įstaigos, kurioje jis gydosi, vyriausiasis gydytojas ar jo pavaduotojas, arba karinio dalinio vadas ar jo pavaduotojas, kai sandorį sudaro karys, arba tolimajame plaukiojime esančio laivo kapitonas, kartu nurodydami priežastį, dėl kurios sudarantis sandorį asmuo pats negalėjo pasirašyti.

2. Jeigu sandoris buvo sudarytas panaudojant telekomunikacijų galinius įrenginius, tai visais atvejais privalo būti pakankamai duomenų sandorio šalims nustatyti. Jeigu tokių duomenų nėra, šalys, kilus ginčui, negali remtis liudytojų parodymais sandorio sudarymo faktui įrodyti.

1.77 straipsnis. Kitokios, negu įstatymo leidžiama, formos sandorių sudarymas 1. Sandoriai, kuriuos įstatymas leidžia sudaryti žodžiu, taip pat gali būti sudaromi

paprastos rašytinės formos ar notarinės formos. 2. Notarinės formos gali būti ir tie sandoriai, kuriems sudaryti įstatymas nustato paprastą

rašytinę formą.

IV SKYRIUS NEGALIOJANTYS SANDORIAI

1.78 straipsnis. Niekiniai ir nuginčijami sandoriai 1. Sandoris laikomas niekiniu, jeigu jis, vadovaujantis įstatymais, negalioja, nepaisant to,

yra ar ne teismo sprendimas pripažinti jį negaliojančiu. Šalys negali niekinio sandorio patvirtinti. 2. Sandoris, kurį pripažinti negaliojančiu būtinas teismo sprendimas, yra nuginčijamas

sandoris. 3. Niekiniu sandoris gali būti laikomas tik tada, kai yra įstatymų nustatyti pagrindai. 4. Ieškinį dėl nuginčijamo sandorio pripažinimo negaliojančiu gali pareikšti tik įstatymų

nurodyti asmenys. 5. Reikalavimą dėl niekinio sandorio teisinių pasekmių taikymo gali pareikšti bet kuris

suinteresuotas asmuo. Niekinio sandorio teisines pasekmes ir niekinio sandorio faktą teismas konstatuoja ex officio (savo iniciatyva).

1.79 straipsnis. Nuginčijamo sandorio patvirtinimas 1. Šalis, turinti teisę sandorį nuginčyti, gali jį patvirtinti per kitos sandorio šalies arba

įstatymų nustatytą terminą. Patvirtinusi sandorį, šalis netenka teisės jį ginčyti. 2. Preziumuojama, kad šalis sandorį patvirtino, jeigu po to, kai ji įgijo galimybę sandorį

patvirtinti arba nuginčyti: 1) sandorį visiškai ar iš dalies įvykdė; 2) pareikalavo, kad kita šalis įvykdytų sandorį; 3) užtikrino kitai šaliai savo prievolių įvykdymą; 4) visiškai ar iš dalies perleido kitam asmeniui pagal tą sandorį įgytas teises.

1.80 straipsnis. Imperatyvioms įstatymo normoms prieštaraujančio sandorio negaliojimas

1. Imperatyvioms įstatymo normoms prieštaraujantis sandoris yra niekinis ir negalioja.

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2. Kai sandoris negalioja, viena jo šalis privalo grąžinti kitai sandorio šaliai visa, ką yra gavusi pagal sandorį (restitucija), o kai negalima grąžinti to, ką yra gavusi, natūra, – atlyginti to vertę pinigais, jeigu įstatymai nenumato kitokių sandorio negaliojimo pasekmių.

3. Restitucijos taisykles nustato šio kodekso šeštosios knygos normos. 4. Turtas, buvęs pripažinto negaliojančiu sandorio dalyku, negali būti išreikalautas iš jį

sąžiningai įgijusio trečiojo asmens, išskyrus šio kodekso 4.96 straipsnio 1, 2 ir 3 dalyse numatytus atvejus.

1.81 straipsnis. Viešajai tvarkai ar gerai moralei prieštaraujančio sandorio negaliojimas

1. Viešajai tvarkai ar gerai moralei prieštaraujantis sandoris yra niekinis ir negalioja. 2. Jeigu sandoris negalioja dėl šio straipsnio 1 dalyje numatytų priežasčių, šio kodekso

1.80 straipsnio 2 dalyje numatytos taisyklės netaikomos, kai abi šalys žinojo ar turėjo žinoti, jog sandoris prieštarauja viešajai tvarkai ar gerai moralei.

3. Vienašalė ar dvišalė restitucija galima, jeigu jos taikymas neprieštarauja imperatyvioms įstatymų normoms ar gerai moralei, t. y. kai nebuvo pasiektas viešajai tvarkai ar geros moralės normoms prieštaraujančio sandorio tikslas, o viešosios teisės normos nenustato tokio sandorio šalims turtinių sankcijų.

1.82 straipsnis. Juridinio asmens teisnumui prieštaraujančio sandorio negaliojimas 1. Sandoriai, sudaryti privataus juridinio asmens valdymo organų, pažeidžiant privataus

juridinio asmens steigimo dokumentuose nustatytą jų kompetenciją ar prieštaraujantys juridinio asmens tikslams, gali būti pripažinti negaliojančiais tik tais atvejais, kai kita sandorio šalis veikė nesąžiningai, t. y. žinojo ar turėjo žinoti, kad tas sandoris prieštarauja privataus juridinio asmens veiklos tikslams. Juridinio asmens steigimo dokumentų paskelbimo faktas tokiais atvejais nėra pakankamas kitos šalies nesąžiningumo įrodymas, todėl juridinis asmuo turi įrodyti, kad kita sandorio šalis tikrai veikė nesąžiningai (šio kodekso 2.74, 2.83–2.85 straipsniai).

2. Viešųjų juridinių asmenų sudaryti sandoriai, prieštaraujantys jų veiklos tikslams, gali būti pripažįstami negaliojančiais.

3. Ieškinį dėl sandorio pripažinimo negaliojančiu šiame straipsnyje numatytais pagrindais turi teisę pareikšti pats juridinis asmuo, jo steigėjas (steigėjai) arba juridinio asmens dalyvis (dalyviai). Įstatymai gali nustatyti ir kitus asmenis, turinčius teisę pareikšti tokį ieškinį, arba specialius reikalavimus, kuriuos turi atitikti tą ieškinį reiškiantys asmenys (pvz., tam tikro akcijų (balsų) skaičiaus turėjimas).

4. Tokiems sandoriams yra taikomos šio kodekso 1.80 straipsnio 2 dalies nuostatos.

1.83 straipsnis. Įstatymų nustatyta tvarka neįregistruoto ar licencijos verstis tam tikra veikla neturinčio juridinio asmens vardu sudaryto sandorio teisinės pasekmės

1. Pagal įstatymų nustatyta tvarka neįregistruoto juridinio asmens vardu sudarytą sandorį teisės ir pareigos atsiranda jį sudariusiam asmeniui, jeigu nėra kito pagrindo tokį sandorį pripažinti negaliojančiu.

2. Pagal sandorius, sudarytus juridinio asmens vardu iki juridinio asmens įregistravimo, šiuos sandorius sudarę asmenys atsako solidariai, jeigu įregistruotas juridinis asmuo neprisiima prievolių pagal tuos sandorius (šio kodekso 2.61 straipsnis).

1.84 straipsnis. Neveiksnaus fizinio asmens sudaryto sandorio pripažinimas negaliojančiu

1. Nepilnamečio iki keturiolikos metų sudarytas sandoris negalioja, išskyrus smulkius buitinius sandorius, kuriuos pagal šį kodeksą ir kitus įstatymus nepilnamečiai iki keturiolikos metų gali sudaryti savarankiškai.

2. Fizinio asmens, kuris įstatymų nustatyta tvarka yra pripažintas neveiksniu dėl psichinės ligos ar silpnaprotystės, sudarytas sandoris negalioja.

3. Šio straipsnio 1 ir 2 dalyse numatytais atvejais, be šio kodekso 1.80 straipsnio 2 dalyje numatytų pasekmių, veiksnioji šalis privalo atlyginti antrajai šaliai šios turėtas išlaidas, taip pat jos

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turto netekimą ar sužalojimą, jeigu veiksnioji šalis žinojo arba turėjo žinoti, kad antroji šalis yra neveiksni.

4. Ieškinį dėl tokio sandorio pripažinimo negaliojančiu gali pareikšti neveiksnaus asmens atstovai pagal įstatymą ir prokuroras. Jeigu sandoris yra naudingas neveiksniam asmeniui, jo atstovas pagal įstatymą įstatymų nustatyta tvarka sandorį gali patvirtinti.

1.85 straipsnis. Alkoholiniais gėrimais arba narkotinėmis medžiagomis piktnaudžiaujančio fizinio asmens sudaryto sandorio pripažinimas negaliojančiu

1. Fizinio asmens, kurio veiksnumas apribotas dėl piktnaudžiavimo alkoholiniais gėrimais arba narkotinėmis medžiagomis, be rūpintojo sutikimo sudarytas turto ar daiktinės teisės perdavimo sandoris, išskyrus smulkius buitinius sandorius, gali būti teismo tvarka pripažintas negaliojančiu pagal rūpintojo ar prokuroro ieškinį.

2. Jeigu toks sandoris pripažįstamas negaliojančiu, taikomos šio kodekso 1.84 straipsnio 3 dalies nuostatos.

3. Rūpintojas gali duoti sutikimą sudaryti sandorį ir po jo sudarymo, jeigu sandoris yra naudingas asmeniui, kurio veiksnumas apribotas.

1.86 straipsnis. Tariamojo sandorio negaliojimas 1. Tik dėl akių (neketinant sukurti teisinių pasekmių) sudarytas sandoris negalioja. 2. Tokiems sandoriams taikomos šio kodekso 1.80 straipsnio 2 dalies nuostatos.

1.87 straipsnis. Apsimestinio sandorio negaliojimas 1. Jeigu sandoris sudarytas kitam sandoriui pridengti, taikomos sandoriui, kurį šalys iš

tikrųjų turėjo galvoje, taikytinos taisyklės. 2. Jeigu apsimestiniu sandoriu yra pažeistos trečiųjų asmenų teisės ar teisėti interesai, šie

asmenys, gindami savo teises, gali panaudoti apsimetimo faktą prieš apsimestinio sandorio šalis. 3. Apsimestinio sandorio šalys apsimestinio sandorio sudarymo fakto negali panaudoti

prieš trečiuosius asmenis, kurie sąžiningai įgijo teises apsimestinio sandorio pagrindu.

1.88 straipsnis. Nepilnamečio nuo keturiolikos iki aštuoniolikos metų sudaryto sandorio pripažinimas negaliojančiu

1. Nepilnamečio nuo keturiolikos iki aštuoniolikos metų be tėvų ar rūpintojų sutikimo sudarytą sandorį, išskyrus sandorius, kuriuos toks nepilnametis pagal šį kodeksą ar kitus įstatymus turi teisę sudaryti savarankiškai, gali būti teismo tvarka pripažintas negaliojančiu pagal to nepilnamečio tėvų ar rūpintojų ieškinį.

2. Jeigu šio straipsnio 1 dalyje nurodytas sandoris pripažįstamas negaliojančiu, taikomos šio kodekso 1.84 straipsnio 3 dalies nuostatos.

3. Nepilnamečio atstovai pagal įstatymą gali duoti sutikimą sudaryti sandorį ir po jo sudarymo, jeigu sandoris naudingas nepilnamečiui.

1.89 straipsnis. Savo veiksmų reikšmės negalėjusio suprasti fizinio asmens sudaryto sandorio pripažinimas negaliojančiu

1. Fizinio asmens, kuris nors ir būdamas veiksnus, sandorio sudarymo metu buvo tokios būsenos, kad negalėjo suprasti savo veiksmų reikšmės ar jų valdyti, sudarytas sandoris gali būti teismo tvarka pripažintas negaliojančiu pagal šio fizinio asmens ieškinį.

2. Jeigu šio straipsnio 1 dalyje nurodytas sandoris pripažįstamas negaliojančiu, tai, be šio kodekso 1.80 straipsnio 2 dalyje numatytų pasekmių šaliai, kuri sandorio sudarymo metu negalėjo suprasti savo veiksmų reikšmės ar jų valdyti, tos šalies turėtas išlaidas, taip pat jos turto netekimą ar sužalojimą atlygina antroji šalis, jeigu ši antroji šalis žinojo ar turėjo žinoti, kad su ja sandorį sudaręs asmuo buvo tokios būsenos.

1.90 straipsnis. Dėl suklydimo sudaryto sandorio pripažinimas negaliojančiu 1. Iš esmės suklydus sudarytas sandoris gali būti teismo tvarka pripažintas negaliojančiu

pagal klydusios šalies ieškinį.

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2. Suklydimu laikoma klaidinga prielaida apie egzistavusius esminius sandorio faktus sandorio sudarymo metu.

3. Jeigu iš esmės suklydus sudarytas sandoris pripažįstamas negaliojančiu, tai taikomos šio kodekso 1.80 straipsnio 2 dalies nuostatos. Be to, šalis, pagal kurios ieškinį sandoris pripažintas negaliojančiu, turi teisę reikalauti iš antrosios šalies atlyginti turėtas išlaidas, taip pat savo turto netekimą ar sužalojimą, jeigu įrodo, kad suklydo dėl antrosios šalies kaltės. Jeigu tai neįrodyta, šalis, pagal kurios ieškinį sandoris pripažintas negaliojančiu, privalo atlyginti antrajai šaliai turėtas išlaidas, taip pat jos turto netekimą ar sužalojimą.

4. Suklydimas turi esminės reikšmės, kai buvo suklysta dėl paties sandorio esmės, jo dalyko ar kitų esminių sąlygų arba dėl kitos sandorio šalies civilinio teisinio statuso ar kitokių aplinkybių, jeigu normaliai atidus ir protingas asmuo, žinodamas tikrąją reikalų padėtį, panašioje situacijoje sandorio nebūtų sudaręs arba būtų jį sudaręs iš esmės kitokiomis sąlygomis. Suklydimas taip pat laikomas esminiu, jeigu klydo abi šalys arba vieną šalį suklaidino kita šalis, neturėdama tikslo apgauti, taip pat kai viena šalis žinojo ar turėjo žinoti, kad kita šalis suklydo, o reikalavimas, kad suklydusi šalis įvykdytų sutartį, prieštarautų sąžiningumo, teisingumo ar protingumo principams.

5. Suklydimas negali būti laikomas turinčiu esminės reikšmės, jeigu šalis suklydo dėl savo didelio neatsargumo arba dėl aplinkybių, dėl kurių riziką buvo prisiėmusi ji pati, arba, atsižvelgiant į konkrečias aplinkybes, būtent jai tenka rizika suklysti.

6. Dėl šalies valios išraiškos ar jos perdavimo įvykusi klaida laikoma valią išreiškusios šalies suklydimu.

7. Suklydusi šalis neturi teisės reikalauti pripažinti sutartį negaliojančia, jeigu ji savo teises ir interesus adekvačiai gali apginti kitais gynimo būdais.

1.91 straipsnis. Dėl apgaulės, smurto, ekonominio spaudimo ar realaus grasinimo, taip pat dėl šalies atstovo piktavališko susitarimo su antrąja šalimi ar dėl susidėjusių sunkių aplinkybių sudaryto sandorio pripažinimas negaliojančiu

1. Dėl apgaulės, smurto, ekonominio spaudimo ar realaus grasinimo arba dėl vienos šalies atstovo piktavališko susitarimo su antrąja šalimi sudarytas sandoris, taip pat sandoris, kurį asmuo dėl susidėjusių aplinkybių buvo priverstas sudaryti labai nenaudingomis sąlygomis, gali būti teismo tvarka pripažintas negaliojančiu pagal nukentėjusiojo ieškinį.

2. Jeigu sandoris pripažintas negaliojančiu dėl vienos iš šio straipsnio 1 dalyje nurodytų priežasčių, tai antroji šalis privalo grąžinti nukentėjusiajam visa, ką ji yra gavusi pagal sandorį, o kai to negalima grąžinti, – atlyginti to vertę pinigais. Be to, kaltoji šalis turi atlyginti nukentėjusiajam visas turėtas išlaidas.

3. Jeigu sandoris pripažintas negaliojančiu dėl apgaulės, smurto, ekonominio spaudimo, realaus grasinimo ar dėl šalies atstovo piktavališko susitarimo su antrąja šalimi, tai nukentėjusysis taip pat turi teisę reikalauti atlyginti tokiais veiksmais jam padarytą neturtinę žalą.

4. Šiame straipsnyje vartojama samprata „realus grasinimas“ reiškia kitos sandorio šalies ar trečiojo asmens nepateisinamus ir neteisėtus prieš sandorio šalį, jos tėvus, vaikus, sutuoktinį, senelius, vaikaičius arba kitus artimuosius šalies giminaičius, arba jų turtą ar reputaciją nukreiptus veiksmus, kurie duoda pagrindą manyti, kad gali būti padaryta žalos šiems asmenims, jų turtui ar reputacijai, ir šaliai nelieka kitos protingumo kriterijus atitinkančios alternatyvos, kaip tik sudaryti sutartį. Realiu grasinimu taip pat laikoma kitos sandorio šalies ar trečiojo asmens grasinimas panaudoti ekonominio spaudimo priemones ekonomiškai silpnesnę ar iš esmės ekonomiškai priklausomą sandorio šalį priversti, kad ši sudarytų jai ypač ekonomiškai nenaudingą sandorį. Nustatydamas, buvo ar ne realaus grasinimo faktas, teismas turi atsižvelgti į šalies, kuriai buvo grasinta, amžių, finansinę bei ekonominę būklę, lytį, veiksmų pobūdį ir kitas turinčias reikšmės bylai aplinkybes.

5. Apgaulė taip pat gali būti sandorio šalies tylėjimas, t. y. aplinkybių, kurias žinodama kita sandorio šalis nebūtų sudariusi sandorio, nuslėpimas, jeigu, vadovaujantis protingumo, teisingumo ir sąžiningumo principais, tos aplinkybės turėjo būti atskleistos kitai šaliai, arba aktyvūs veiksmai, kuriais siekiama suklaidinti kitą sandorio šalį dėl sandorio efekto, jo esminių sąlygų, sandorį sudarančio asmens civilinio teisinio subjektiškumo bei kitų esminių aplinkybių.

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6. Jeigu apgaulę, smurtą ar grasinimus panaudojo ne kita sandorio šalis, o trečiasis asmuo, sandoris gali būti pripažintas negaliojančiu tik tuo atveju, jei kita sandorio šalis žinojo arba turėjo žinoti šiuos faktus.

7. Dėl apgaulės sudaryto sandorio pripažinimo negaliojančiu faktas negali būti panaudotas prieš sąžiningus trečiuosius asmenis, išskyrus šio kodekso numatytas išimtis.

1.92 straipsnis. Įgaliojimus viršijusio atstovo sudaryto sandorio negaliojimas Jeigu asmens atstovo įgaliojimus apribojo įstatymai ar sutartis ir atstovas šiuos

apribojimus viršija, toks sandoris gali būti pripažintas negaliojančiu pagal atstovaujamojo ieškinį, jeigu atstovaujamasis sandorio nepatvirtino (šio kodekso 2.133 straipsnis).

1.93 straipsnis. Sandorio negaliojimas dėl įstatymų reikalaujamos sandorio formos nesilaikymo

1. Įstatymų reikalaujamos formos nesilaikymas sandorį daro negaliojantį tik tuo atveju, kada toks negaliojimas įsakmiai nurodytas įstatymuose.

2. Įstatymų reikalaujamos paprastos rašytinės formos nesilaikymas atima iš šalių teisę, kai kyla ginčas dėl sandorio sudarymo ar jo įvykdymo fakto, remtis liudytojų parodymais šį faktą įrodyti, o įstatymuose įsakmiai nurodytais atvejais sandorį daro negaliojantį.

3. Įstatymų reikalaujamos notarinės formos nesilaikymas sandorį daro negaliojantį. 4. Jeigu viena iš šalių visiškai ar iš dalies įvykdė sandorį, kuriam būtinas notaro

patvirtinimas, o antroji šalis vengia įforminti sandorį notarine tvarka, teismas įvykdžiusios sandorį šalies reikalavimu turi teisę pripažinti sandorį galiojančiu. Šiuo atveju sandorio po to notarine tvarka įforminti nebereikia.

5. Jeigu sandoris negalioja dėl to, kad nesilaikoma įstatymų reikalaujamos formos, atsiranda šio kodekso 1.80 straipsnio 2 dalyje numatytos pasekmės.

6. Šio straipsnio 2 dalies nuostatų teismas gali netaikyti, jeigu tai prieštarautų sąžiningumo, teisingumo ir protingumo principams, būtent kai:

1) yra kitokių rašytinių, nors ir netiesioginių sandorio sudarymo įrodymų; 2) sandorio sudarymo faktą patvirtinantys rašytiniai įrodymai yra prarasti ne dėl šalies

kaltės; 3) atsižvelgiant į sandorio sudarymo aplinkybes, objektyviai nebuvo įmanoma sandorio

įforminti raštu; 4) atsižvelgiant į šalių tarpusavio santykius, sandorio prigimtį bei kitas svarbias bylai

aplinkybes, draudimas panaudoti liudytojų parodymus prieštarautų sąžiningumo, teisingumo ir protingumo principams.

1.94 straipsnis. Reikalavimo teisiškai įregistruoti sandorį nesilaikymo teisinės pasekmės

Įstatymų nustatyto reikalavimo teisiškai įregistruoti sandorį nesilaikymas sandorio nedaro negaliojančio, išskyrus šio kodekso numatytus atvejus.

1.95 straipsnis. Momentas, nuo kurio pripažintas negaliojančiu sandoris laikomas negaliojančiu

1. Pripažintas negaliojančiu sandoris laikomas negaliojančiu ab initio (nuo jo sudarymo momento).

2. Jeigu pagal turinį pripažinti sandorio negaliojančiu ab initio negalima, jis gali būti pripažintas negaliojančiu tik nuo teismo sprendimo įsiteisėjimo.

1.96 straipsnis. Sandorio dalies negaliojimo pasekmės Sandorio dalies negaliojimas nedaro negaliojančių kitų jo dalių, jeigu galima daryti

prielaidą, kad sandoris būtų buvęs sudarytas ir neįtraukiant negaliojančios dalies.

III DALIS CIVILINIŲ TEISIŲ OBJEKTAI

V SKYRIUS

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CIVILINIŲ TEISIŲ OBJEKTŲ SAMPRATA IR RŪŠYS

1.97 straipsnis. Civilinių teisių objektų rūšys 1. Civilinių teisių objektai yra daiktai, pinigai ir vertybiniai popieriai, kitas turtas bei

turtinės teisės, intelektinės veiklos rezultatai, informacija, veiksmai ir veiksmų rezultatai, taip pat kitos turtinės ir neturtinės vertybės.

2. Daiktai ir turtas, kurių apyvarta yra ribota, gali būti civilinių teisių objektai tik įstatymų numatytais atvejais. Daiktai, kurie yra išimti iš civilinės apyvartos ar kurių apyvarta yra ribota, turi būti įsakmiai nurodyti įstatymuose. Priešingu atveju laikoma, jog tų daiktų ar turto civilinė apyvarta neapribota.

1.98 straipsnis. Daiktai, kaip civilinių teisių objektai 1. Daiktai, kaip civilinių teisių objektai, skirstomi į kilnojamuosius ir nekilnojamuosius. 2. Nekilnojamieji daiktai yra žemė ir kiti daiktai, kurie susiję su žeme ir kurių negalima

perkelti iš vienos vietos į kitą nepakeitus jų paskirties bei iš esmės nesumažinus jų vertės (pastatai, įrenginiai, sodiniai ir kiti daiktai, kurie pagal paskirtį ir prigimtį yra nekilnojamieji).

3. Nekilnojamiesiems daiktams taip pat prilyginami įstatymuose numatyti laivai ir orlaiviai, kuriems nustatyta privaloma teisinė registracija. Įstatymai gali pripažinti nekilnojamaisiais daiktais ir kitą turtą.

4. Daiktai, kuriuos galima perkelti iš vienos vietos į kitą nepakeitus jų paskirties ir iš esmės nesumažinus jų vertės, laikomi kilnojamaisiais, jeigu įstatymai nenustato ko kita.

1.99 straipsnis. Daiktų, kaip civilinių teisių objektų, rūšys 1. Daiktai, kaip civilinės teisės objektai, skirstomi į daiktus, apibūdintus pagal

individualius požymius ir pagal rūšinius požymius. 2. Daiktai taip pat yra skirstomi į daliuosius ir nedaliuosius, į suvartojamuosius ir

nesunaudojamuosius, į pagrindinius daiktus ir jų priklausinius.

1.100 straipsnis. Pinigai Pinigai, kaip civilinių teisių objektai, – tai Lietuvos banko išleidžiami banknotai, monetos

ir lėšos sąskaitose, kitų valstybių išleidžiami banko bilietai, valstybės iždo bilietai, monetos ir lėšos sąskaitose, esantys teisėta atsiskaitymo priemonė.

1. 101 straipsnis. Vertybiniai popieriai Vertybinis popierius, kaip civilinių teisių objektas, – tai dokumentas, patvirtinantis jį

išleidusio asmens (emitento) įsipareigojimus šio dokumento turėtojui. Vertybinis popierius gali patvirtinti dokumento turėtojo teisę gauti iš emitento palūkanų, dividendų, dalį likviduojamos įmonės turto ar emitentui paskolintų lėšų (akcijų, obligacijų ir kt.), teisę ar pareigą atlygintinai ar neatlygintinai įsigyti ar perleisti kitus vertybinius popierius (pasirašymo teises, būsimuosius sandorius, opcionus, konvertuojamas obligacijas ir kt.), teisę gauti tam tikras pajamas ar pareigą sumokėti, pasikeitus vertybinių popierių rinkos kainoms (indeksui ir kt.). Vertybiniu popieriumi taip pat laikomas dokumentas, kuriuo tiesiogiai pavedama bankui išmokėti tam tikrą pinigų sumą (čekiai) ar kuris patvirtina pareigą sumokėti tam tikrą pinigų sumą šiame dokumente nurodytam asmeniui (vekseliai) arba kuris įrodo nuosavybės teisę į prekes (prekiniai vertybiniai popieriai), taip pat dokumentas, patvirtinantis teisę ar pareigą įsigyti ar perleisti prekinius vertybinius popierius (išvestinis prekinis vertybinis popierius). Įstatymų numatytais atvejais leidžiami nematerialūs vertybiniai popieriai, kurie yra pažymimi (įtraukiami į apskaitą) vertybinių popierių sąskaitose.

2. Įstatymai gali numatyti ir kitokius vertybinius popierius. Investuotojų teisių apsaugos bei kapitalo rinkos priežiūros ir reguliavimo tikslais įstatymai gali nustatyti kitą vertybinių popierių (investicijų) apibrėžimą, kuris vartojamas šiuos santykius reglamentuojančiuose įstatymuose. Jeigu nenustatyta kitaip, investicijoms (investiciniams vertybiniams popieriams) šio kodekso normos ir vertybinio popieriaus apibrėžimas taikomi, jei tas investicijas patvirtinantys dokumentai turi šio straipsnio 1 ir 3 dalyse nustatytus požymius.

3. Vertybinio popieriaus patvirtinta teisė gali būti perleista kitam asmeniui tik tuo atveju, kai perleidžiamas pats vertybinis popierius, jeigu įstatymai nenumato ko kita. Vertybiniai popieriai

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perleidžiami pagal įstatymus, nusistovėjusią praktiką ar papročius laisvai be jokių apribojimų. Vertybiniai popieriai perleidžiami perdavimu, nors tai ir reikėtų pažymėti indosamentu.

4. Vertybiniai popieriai gali būti pirminiai arba išvestiniai. Pirminiai vertybiniai popieriai patvirtina šio straipsnio 1 dalyje numatytas jų turėtojo teises ir pareigas, išskyrus teisę ar pareigą atlygintinai ar neatlygintinai įsigyti ar perleisti kitus vertybinius popierius, taip pat teisę gauti tam tikrų pajamų ar pareigą sumokėti tam tikrą pinigų sumą pasikeitus vertybinių popierių rinkos kainoms. Šias išskirtines teises ar pareigas patvirtinantys vertybiniai popieriai vadinami išvestiniais vertybiniais popieriais.

5. Vertybiniai popieriai gali būti vardiniai, pareikštiniai arba orderiniai. Taip pat jie gali būti piniginiai, nuosavybės ir prekiniai vertybiniai popieriai.

6. Piniginis vertybinis popierius suteikia teisę gauti jame nurodytą pinigų sumą (čekis, vekselis, obligacija).

7. Nuosavybės vertybinis popierius suteikia teisę dalyvauti valdant įmonę, patvirtina įmonės kapitalo turėjimą ir suteikia teisę gauti dalį įmonės pelno (akcijos ir akcijų sertifikatai ir kt.), išskyrus įstatymų numatytas išimtis.

8. Prekinis vertybinis popierius suteikia nuosavybės teisę į prekes, taip pat teisę gauti prekių (konosamentas, sandėliavimo dokumentas ir kt.).

9. Vertybiniai popieriai privalo turėti įstatymų nustatytus rekvizitus. Jeigu privalomų rekvizitų nėra, vertybinis popierius negalioja, išskyrus įstatymų nustatytas išimtis.

10. Jeigu išleidžiami nematerialūs vertybiniai popieriai ir įstatymai nenustato kitaip, pagal šį kodeksą laikoma, kad vertybinių popierių savininkas yra patikėjęs juos saugoti sąskaitas tvarkančiam asmeniui pagal pasaugos sutartį. Saugotojo teisės, pareigos ir atsakomybė nustatoma pagal pasaugai taikomas šio kodekso šeštosios knygos nuostatas. Jeigu apskaitą tvarko keli asmenys skirtingais lygiais, laikoma, kad vertybinio popieriaus savininko sąskaitas tvarkantis asmuo yra perdavęs toliau saugoti vertybinius popierius kitam asmeniui pagal pasaugos sutartį. Tokie vertybiniai popieriai perleidžiami atitinkamais įrašais vertybinių popierių sąskaitose.

1.102 straipsnis. Akcija 1. Akcija – tai vertybinis popierius, patvirtinantis jos turėtojo (akcininko) teisę dalyvauti

valdant įmonę, jeigu įstatymai nenustato ko kita, teisę gauti akcinės įmonės pelno dalį dividendais ir teisę į dalį įmonės turto, likusio po jos likvidavimo, ir kitas įstatymų nustatytas teises.

2. Akcijos gali būti vardinės arba pareikštinės, paprastos arba privilegijuotos, materialios ir nematerialios.

1.103 straipsnis. Obligacija Obligacija – tai vertybinis popierius, patvirtinantis jos turėtojo teisę gauti iš obligaciją

išleidusio asmens joje nustatytais terminais nominalią obligacijos vertę, metines palūkanas ar kitokį ekvivalentą arba kitas turtines teises.

1.104 straipsnis. Čekis Čekis, kaip vertybinis popierius, – tai čekio davėjo surašytas tam tikros formos pavedimas

bankui be išlygų išmokėti jame įrašytą pinigų sumą čekio turėtojui.

1.105 straipsnis. Vekselis 1. Vekselis, kaip vertybinis popierius, – tai dokumentas, kuriuo jį išrašantis asmuo be

išlygų įsipareigoja tiesiogiai ar netiesiogiai sumokėti tam tikrą pinigų sumą vekselyje nurodytam asmeniui arba kuriuo tai padaryti pavedama kitam asmeniui.

2. Vekselis gali būti įsakomasis (trata) arba paprastasis (solo vekselis). 3. Įsakomuoju vekseliu (trata) jo davėjas paveda kitam asmeniui, kad šis vekselio sumą

sumokėtų jame nurodytam asmeniui. 4. Paprastuoju vekseliu (solo) jo davėjas pats įsipareigoja sumokėti jame nurodytą sumą.

1.106 straipsnis. Konosamentas 1. Konosamentas, kaip vertybinis popierius – tai dokumentas, įrodantis sutarties sudarymo

faktą ir patvirtinantis jo turėtojo teisę gauti iš vežėjo konosamente nurodytus daiktus (krovinį) bei jais disponuoti.

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2. Konosamentas gali būti pareikštinis, orderinis arba vardinis. Jeigu konosamentas buvo sudarytas keliais egzemplioriais, tai, išdavus krovinį pagal pirmą pateiktą konosamentą, kiti konosamento egzemplioriai netenka teisinės galios.

1.107 straipsnis. Indėlių liudijimai (sertifikatai) 1. Indėlio liudijimas (sertifikatas) – tai rašytinis banko liudijimas apie piniginių lėšų indėlį,

suteikiantis teisę indėlininkui, suėjus nustatytam terminui, gauti indėlį ir palūkanas. 2. Indėlio sertifikatai gali būti vardiniai, perleidžiamieji ar neperleidžiamieji.

1.108 straipsnis. Valstybės skolinis įsipareigojimas Valstybės skolinis įsipareigojimas – tai pareikštinis vertybinis popierius, patvirtinantis,

kad jo turėtojas yra paskolinęs valstybei tam tikrą pinigų sumą, ir suteikiantis teisę gauti jame numatytą sumą ir palūkanas per visą šio vertybinio popieriaus turėjimo laiką.

1.109 straipsnis. Žemės sklypas ir kiti ištekliai Civilinių teisių objektu gali būti identifikuotas ir įstatymų nustatyta tvarka įregistruotas

žemės sklypas, taip pat apibrėžti žemės gelmių, vandens, miško plotai, augmenijos ir gyvūnijos objektai.

1.110 straipsnis. Įmonės ir turtiniai kompleksai 1. Civilinių teisių objektu gali būti įmonė, kaip verslu užsiimančiam (pelno siekiančiam)

asmeniui priklausantis turto ir turtinių bei neturtinių teisių, skolų ir kitokių pareigų visuma. Įmonė yra laikoma nekilnojamuoju daiktu.

2. Turtinis kompleksas, kaip civilinių teisių objektas, – tai bendros ūkinės paskirties vienijamų daiktų visuma.

1.111 straipsnis. Intelektinės veiklos rezultatai Civilinių teisių objektais laikomi mokslo, literatūros ir meno kūriniai, išradimų patentai,

pramoniniai pavyzdžiai bei kiti intelektinės veiklos rezultatai, išreikšti kuria nors objektyvia forma (rankraščiai, brėžiniai, modeliai ir kt.). Išradimų patentai ir kiti intelektinės veiklos rezultatai civilinių teisių objektais tampa nuo to momento, kai jie intelektinės veiklos rezultatais pripažįstami įstatymų nustatyta tvarka.

1.112 straipsnis. Turtinės teisės 1. Civilinių teisių objektai yra daiktinės teisės, prievolinės teisės, taip pat teisės,

atsirandančios iš intelektinės veiklos rezultatų. 2. Turtinės teisės gali būti perduodamos ir paveldimos.

1.113 straipsnis. Veiksmai ir jų rezultatai Civilinių teisių objektai yra įvairūs veiksmai ir jų rezultatai (krovinių gabenimas, daiktų

remontas, patarnavimai ir kt.).

1.114 straipsnis. Asmeninės neturtinės teisės ir vertybės 1. Civilinė teisė saugo asmenines neturtines teises ir vertybes, t. y. vardą, gyvybę, sveikatą,

kūno neliečiamybę, garbę, orumą, žmogaus privatų gyvenimą, autoriaus vardą, dalykinę reputaciją, juridinio asmens pavadinimą, prekių (paslaugų) ženklus ir kitas vertybes, su kuriomis įstatymai sieja tam tikrų teisinių pasekmių atsiradimą.

2. Asmeninės neturtinės teisės gali būti perduodamos ar paveldimos tik įstatymų numatytais atvejais arba jei tai neprieštarauja šių vertybių prigimčiai bei geros moralės principams ar nėra apribota įstatymų.

1.115 straipsnis. Asmeninės neturtinės teisės 1. Civilinės teisės saugomi objektai yra asmeninės neturtinės teisės, t. y. ekonominio

turinio neturinčios ir neatskiriamai susijusios su jų turėtoju teisės. 2. Asmeninės neturtinės teisės gali būti susijusios arba nesusijusios su turtinėmis teisėmis.

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1.116 straipsnis. Komercinė (gamybinė) ir profesinė paslaptis 1. Informacija laikoma komercine (gamybine) paslaptimi, jeigu turi tikrą ar potencialią

komercinę (gamybinę) vertę dėl to, kad jos nežino tretieji asmenys ir ji negali būti laisvai prieinama dėl šios informacijos savininko ar kito asmens, kuriam savininkas ją yra patikėjęs, protingų pastangų išsaugoti jos slaptumą. Informaciją, kuri negali būti laikoma komercine (gamybine) paslaptimi, nustato įstatymai.

2. Informacija, kuri yra komercinė (gamybinė) paslaptis, ginama šio kodekso nustatytais būdais.

3. Asmenys, neteisėtais būdais įgiję informaciją, kuri yra komercinė (gamybinė) paslaptis, privalo atlyginti padarytus nuostolius. Pareigą atlyginti padarytus nuostolius taip pat turi darbuotojai, kurie pažeisdami darbo sutartį atskleidė komercinę (gamybinę) paslaptį, ar kitokios sutarties šalis, atskleidusi gautą komercinę paslaptį pažeisdama sutartį. Nuostoliais šiuo atveju laikomos paslapčiai sukurti, tobulinti, naudoti turėtos išlaidos bei negautos pajamos. Pajamos, gautos neteisėtai naudojant komercinę (gamybinę) paslaptį, laikomos nepagrįstu praturtėjimu.

4. Komercinę (gamybinę) paslaptį atskleidęs asmuo gali būti atleistas nuo atsakomybės, jeigu įrodo, kad paslapties atskleidimas pateisinamas visuomenės saugumo interesais.

5. Informacija pripažįstama profesine paslaptimi, jei ją pagal įstatymus ar sutartį privalo saugoti tam tikros profesijos asmenys (advokatai, gydytojai, auditoriai ir kt.). Šią informaciją tie asmenys gauna atlikdami jiems įstatymų ar sutarčių numatytas pareigas. Atvejus, kuriais profesines teises ir pareigas atliekant gauta informacija nepripažįstama profesine paslaptimi, nustato įstatymai. Dėl neteisėto profesinės paslapties atskleidimo padaryta žala atlyginama bendrais šio kodekso nustatytais pagrindais.

IV DALIS TERMINAI

VI SKYRIUS BENDROSIOS NUOSTATOS

1.117 straipsnis. Termino apibrėžimas 1. Įstatymų ar sandorių nustatytas arba teismo paskiriamas terminas nurodomas

kalendorine data arba nurodomas metais, mėnesiais, savaitėmis, dienomis ar valandomis skaičiuojamas laikas.

2. Terminas gali būti apibrėžiamas taip pat ir nurodant įvykį, kuris neišvengiamai turi įvykti.

3. Terminai gali būti atnaujinamieji, įgyjamieji ir naikinamieji. 4. Atnaujinamasis terminas yra toks terminas, kuriam pasibaigus teismas gali jį atnaujinti,

jeigu terminas buvo praleistas dėl svarbių priežasčių. 5. Įgyjamasis terminas yra toks terminas, kuriam pasibaigus atsiranda (įgyjama) tam tikra

civilinė teisė ar pareiga. 6. Naikinamasis terminas yra toks terminas, kuriam pasibaigus išnyksta tam tikra civilinė

teisė ar pareiga. Naikinamieji terminai negali būti teismo ar arbitražo atnaujinti.

1.118 straipsnis. Termino pradžia 1. Terminas prasideda rytojaus dieną nuo nulis valandų nulis minučių po tos kalendorinės

datos arba to įvykio, kuriais apibrėžta termino pradžia, jeigu įstatymų nenumatyta ko kita. 2. Valandomis skaičiuojamas terminas prasideda nuo šalies arba abiejų šalių ar įstatymų

apibrėžto momento.

1.119 straipsnis. Metais ir mėnesiais skaičiuojamo termino pabaiga 1. Metais skaičiuojamas terminas pasibaigia atitinkamą paskutinių termino metų mėnesį ir

dieną dvidešimt ketvirtą valandą nulis minučių. 2. Mėnesiais skaičiuojamas terminas pasibaigia atitinkamą termino paskutinio mėnesio

dieną dvidešimt ketvirtą valandą nulis minučių. 3. Jeigu metais ar mėnesiais skaičiuojamo termino pabaiga tenka mėnesiui, kuris

atitinkamos dienos neturi, terminas pasibaigia paskutinę to mėnesio dieną.

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1.120 straipsnis. Savaitėmis skaičiuojamo termino pabaiga Savaitėmis skaičiuojamas terminas pasibaigia atitinkamą paskutinės termino savaitės dieną

dvidešimt ketvirtą valandą nulis minučių.

1.121 straipsnis. Oficialių švenčių ir ne darbo dienų įskaitymas 1. Oficialių švenčių ir ne darbo dienos (šeštadieniai ir sekmadieniai) įskaitomos į terminą. 2. Jeigu paskutinė termino diena tenka ne darbo ar oficialios šventės dienai, termino

pabaigos diena laikoma po jos einanti darbo diena.

1.122 straipsnis. Veiksmų atlikimas paskutinę termino dieną 1. Jeigu kuriam nors veiksmui atlikti yra nustatytas terminas, tai šis veiksmas turi būti

atliktas iki paskutinės termino dienos dvidešimt ketvirtos valandos nulis minučių. Tačiau jeigu veiksmas turi būti atliktas organizacijoje, terminas baigiasi tą valandą, kurią šioje organizacijoje pagal nustatytas taisykles baigiasi darbo laikas.

2. Visi rašytiniai pareiškimai ir pranešimai, įteikti paštui ar telegrafui arba perduoti kitomis ryšio priemonėmis iki paskutinės termino dienos dvidešimt ketvirtos valandos nulis minučių, laikomi atliktais laiku.

1.123 straipsnis. Termino teisinė reikšmė 1. Jeigu pareigos atsiradimas siejamas su tam tikro termino pabaiga, negalima reikalauti

pareigą atlikti, kol baigsis tas terminas. 2. Jeigu tam tikros sandorio teisinės pasekmės siejamos su termino pabaiga, tai sandoris ar

prievolė nustoja galioti tam terminui pasibaigus. 3. Preziumuojama, kad terminas nustatytas skolininko naudai, išskyrus atvejus, kai: 1) skolininkui iškeliama bankroto byla; 2) skolininkas sunaikina pateiktą prievolės įvykdymo užtikrinimą; 3) skolininkas nepateikia prievolės įvykdymo užtikrinimo, kurį jis privalėjo pateikti.

VII SKYRIUS IEŠKINIO SENATIS

1.124 straipsnis. Ieškinio senaties samprata Ieškinio senatis – tai įstatymų nustatytas laiko tarpas (terminas), per kurį asmuo gali

apginti savo pažeistas teises pareikšdamas ieškinį.

1.125 straipsnis. Ieškinio senaties terminai 1. Bendrasis ieškinio senaties terminas yra dešimt metų. 2. Atskirų rūšių reikalavimams šis kodeksas bei kiti Lietuvos Respublikos įstatymai

nustato sutrumpintus ieškinio senaties terminus. 3. Sutrumpintas vieno mėnesio ieškinio senaties terminas taikomas iš konkurso rezultatų

atsirandantiems reikalavimams. 4. Sutrumpintas trijų mėnesių ieškinio senaties terminas taikomas reikalavimams pripažinti

juridinio asmens organų sprendimus negaliojančiais. 5. Sutrumpintas šešių mėnesių ieškinio senaties terminas taikomas: 1) ieškiniams dėl netesybų (baudos, delspinigių) išieškojimo; 2) ieškiniams dėl parduotų daiktų trūkumų. 6. Sutrumpintas šešių mėnesių ieškinio senaties terminas taikomas iš ryšių įmonių santykių

su klientais atsirandantiems reikalavimams, jeigu siuntos buvo siunčiamos Lietuvoje, arba vienerių metų ieškinio senaties terminas, jeigu siuntos buvo siunčiamos į užsienį.

7. Sutrumpintas vienerių metų ieškinio senaties terminas taikomas iš draudimo teisinių santykių atsirandantiems reikalavimams.

8. Sutrumpintas trejų metų ieškinio senaties terminas taikomas reikalavimams dėl padarytos žalos atlyginimo, tarp jų ir reikalavimams atlyginti žalą, atsiradusią dėl netinkamos kokybės produkcijos.

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9. Sutrumpintas penkerių metų ieškinio senaties terminas taikomas reikalavimams dėl palūkanų ir kitokių periodinių išmokų išieškojimo.

10. Reikalavimams dėl atliktų darbų trūkumų taikomi šio kodekso šeštojoje knygoje nustatyti sutrumpinti ieškinio senaties terminai.

11. Iš krovinių, keleivių ir bagažo vežimo atsirandantiems reikalavimams taikomi atskirų transporto rūšių kodeksuose (įstatymuose) nustatyti ieškinio senaties terminai.

12. Šalių susitarimu pakeisti ieškinio senaties terminus ir jų skaičiavimo tvarką draudžiama.

1.126 straipsnis. Ieškinio senaties taikymas 1. Reikalavimą apginti pažeistą teisę teismas priima nagrinėti nepaisant to, kad ieškinio

senaties terminas pasibaigęs. 2. Ieškinio senatį teismas taiko tik tuo atveju, kai ginčo šalis reikalauja. 3. Draudžiama iš anksto atsisakyti taikyti ieškinio senatį.

1.127 straipsnis. Ieškinio senaties termino pradžia 1. Ieškinio senaties terminas prasideda nuo teisės į ieškinį atsiradimo dienos. Teisė į

ieškinį atsiranda nuo tos dienos, kurią asmuo sužinojo arba turėjo sužinoti apie savo teisės pažeidimą. Šios taisyklės išimtis nustato šis kodeksas ir kiti Lietuvos Respublikos įstatymai.

2. Jeigu prievolei įvykdyti yra nustatytas terminas, tai iš tokios prievolės atsirandančio reikalavimo ieškinio senaties terminas prasideda pasibaigus prievolės įvykdymo terminui.

3. Jeigu prievolės įvykdymo terminas nenustatytas, ieškinio senaties terminas prasideda nuo reikalavimo įvykdyti prievolę pareiškimo momento.

4. Iš regresinių prievolių atsirandančių reikalavimų ieškinio senaties terminas prasideda nuo pagrindinės prievolės įvykdymo momento.

5. Jeigu pažeidimas yra tęstinis, t. y. jis vyksta kiekvieną dieną (asmuo neatlieka veiksmų, kuriuos privalo atlikti, ar atlieka veiksmus, kurių neturi teisės atlikti, ar nenutraukia kitokio pažeidimo), ieškinio senaties terminas ieškiniams dėl veiksmų ar neveikimo, atliktų tą dieną, prasideda tą kiekvieną dieną.

1.128 straipsnis. Ieškinio senaties terminas pasikeitus prievolės asmenims Prievolės asmenų pasikeitimas nepakeičia ieškinio senaties termino ir jo skaičiavimo

tvarkos, jeigu įstatymai nenustato ko kita.

1.129 straipsnis. Ieškinio senaties termino sustabdymas 1. Ieškinio senaties terminas sustabdomas: 1) jeigu pareikšti ieškinį kliudė nepaprastas įvykis, kuriam tomis sąlygomis nebuvo galima

užkirsti kelio (nenugalima jėga); 2) jeigu Vyriausybė nustato, kad prievolių vykdymas atidedamas (moratoriumas); 3) jeigu ieškovas arba atsakovas tarnauja Lietuvos Respublikos krašto apsaugos dalinyje,

kuriame paskelbta karinė padėtis; 4) jeigu neveiksniam ar ribotai veiksniam asmeniui nepaskirtas globėjas ar rūpintojas; 5) jeigu prievolės šalys yra sutuoktiniai; 6) jeigu prievolės šalys yra globėjas ir globotinis, rūpintojas ir rūpintinis; 7) jeigu prievolės šalys yra tėvai ir nepilnamečiai jų vaikai; 8) jeigu sustabdomas įstatymo ar kito teisės akto, reglamentuojančio ginčo santykius,

veikimas. 2. Ieškinio senaties terminas sustabdomas tik tuo atveju, jeigu šio straipsnio 1 dalyje

nurodytos aplinkybės atsirado arba buvo paskutiniais šešiais ieškinio senaties termino mėnesiais, o kai tas terminas yra trumpesnis negu šeši mėnesiai, – visą ieškinio senaties laiką.

3. Nuo tos dienos, kurią išnyko aplinkybė, buvusi pagrindas ieškinio senaties terminą sustabdyti, senaties terminas tęsiasi toliau. Šiuo atveju likusi termino dalis prailginama iki šešių mėnesių, o jeigu ieškinio senaties terminas buvo trumpesnis negu šeši mėnesiai, – iki viso ieškinio senaties termino.

1.130 straipsnis. Ieškinio senaties termino nutraukimas

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1. Ieškinio senaties terminą nutraukia ieškinio pareiškimas įstatymų nustatyta tvarka. 2. Ieškinio senaties terminą taip pat nutraukia skolininko atlikti veiksmai, kurie liudija, kad

jis pripažįsta prievolę. 3. Nutrauktas ieškinio senaties terminas prasideda iš naujo nuo to momento, kai išnyko

aplinkybės, kurios buvo pagrindas ieškinio senaties terminą nutraukti. Jeigu ieškinio senaties terminą nutraukė ieškinio pareiškimas, tai ieškinio senaties terminas prasideda iš naujo nuo teismo sprendimo įsiteisėjimo dienos, jeigu iš ginčo teisinio santykio galima pareikšti tapatų reikalavimą. Iki senaties termino nutraukimo praėjęs laikas į naują terminą neįskaičiuojamas.

4. Ieškinio, kurį teismas paliko nenagrinėtą, pareiškimas ieškinio senaties termino nenutraukia, jeigu pareiškimas buvo paliktas nenagrinėtas dėl ieškovo kaltės. Ieškinio senaties terminas taip pat nenutraukiamas, jeigu buvo atsisakyta priimti ieškinio pareiškimą arba ieškovas ieškinio atsisakė.

5. Jeigu teismas palieka nenagrinėtą pareiškimą baudžiamojoje byloje, tai prieš ieškinio pareiškimą prasidėjęs ieškinio senaties terminas eina toliau nuo nuosprendžio, kuriuo pareiškimas paliktas nenagrinėtas, įsiteisėjimo dienos.

1.131 straipsnis. Ieškinio senaties termino pabaigos teisinės pasekmės 1. Ieškinio senaties termino pabaiga iki ieškinio pareiškimo yra pagrindas ieškinį atmesti. 2. Jeigu teismas pripažįsta, kad ieškinio senaties terminas praleistas dėl svarbios

priežasties, pažeistoji teisė turi būti ginama, o praleistas ieškinio senaties terminas atnaujinamas. 3. Nuosavybės teisės klausimai dėl turto, kuriam išreikalauti praleisti ieškinio senaties

terminai, sprendžiami pagal šio kodekso ketvirtosios knygos normas.

1.132 straipsnis. Sutrumpintų ieškinio senaties terminų sustabdymas, nutraukimas ir atnaujinimas

Ieškinio senaties terminų sustabdymo, nutraukimo ir atnaujinimo taisyklės (šio kodekso 1.129–1.131 straipsniai) taikomos taip pat ir sutrumpintiems ieškinio senaties terminams, jeigu įstatymai nenumato ko kita.

1.133 straipsnis. Pasekmės, atsirandančios skolininkui įvykdžius pareigą po to, kai ieškinio senaties terminas pasibaigė

Skolininkas, įvykdęs pareigą po to, kai pasibaigė ieškinio senaties terminas, neturi teisės reikalauti grąžinti tai, kas įvykdyta, nors vykdydamas jis ir nežinojo, kad senaties terminas yra pasibaigęs.

1.134 straipsnis. Reikalavimai, kuriems ieškinio senatis netaikoma Ieškinio senatis netaikoma: 1) iš asmeninių neturtinių teisių pažeidimų atsirandantiems reikalavimams, išskyrus

įstatymų numatytus atvejus; 2) indėlininkų reikalavimams išmokėti indėlius, padėtus į banką ar kitas kredito įstaigas; 3) reikalavimams atlyginti dėl Baudžiamojo kodekso 95 straipsnio 8 dalyje nurodytų

nusikaltimų atsiradusią turtinę ir neturtinę žalą; 4) kitų įstatymų nustatytais atvejais ir kitiems reikalavimams.

Straipsnio pakeitimai: Nr. XI-1441, 2011-06-09, Žin., 2011, Nr. 74-3545 (2011-06-18)

1.135 straipsnis. Ieškinio senaties taikymas papildomiems reikalavimams Pasibaigus pagrindiniam reikalavimui nustatytam ieškinio senaties terminui, pasibaigia ir

papildomiems reikalavimams nustatyti ieškinio senaties terminai (netesybos, įkeitimas, laidavimas ir kt.), nors jų senaties terminas dar nebūtų pasibaigęs.

V DALIS CIVILINIŲ TEISIŲ ĮGYVENDINIMAS IR GYNIMAS

VIII SKYRIUS CIVILINIŲ TEISŲ ĮGYVENDINIMO PRINCIPAI IR JŲ GYNIMO BŪDAI

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1.136 straipsnis. Civilinių teisių ir pareigų atsiradimo pagrindai 1. Civilinės teisės ir pareigos atsiranda šio kodekso ir kitų įstatymų numatytais pagrindais,

taip pat iš fizinių asmenų ir organizacijų veiksmų, kurie nors ir nėra įstatymų numatyti, bet pagal civilinių įstatymų bendruosius pradmenis bei prasmę sukuria civilines teises ir pareigas.

2. Vadovaujantis šio straipsnio 1 dalimi, civilinės teisės ir pareigos atsiranda: 1) iš šio kodekso ir kitų įstatymų numatytų sutarčių ir kitokių sandorių, taip pat, nors

įstatymų ir nenumatytų, bet jiems neprieštaraujančių sandorių; 2) iš teismų sprendimų; 3) iš administracinių aktų, turinčių civilines teisines pasekmes; 4) kaip intelektinės veiklos rezultatai; 5) dėl žalos padarymo, taip pat dėl nepagrįsto praturtėjimo ar turto gavimo; 6) dėl įvykių ar veiksmų (veikimo, neveikimo), su kuriais įstatymai sieja civilines teisines

pasekmes.

1.137 straipsnis. Civilinių teisių įgyvendinimas ir pareigų vykdymas 1. Asmenys savo nuožiūra laisvai naudojasi civilinėmis teisėmis, tarp jų ir teise į gynybą. 2. Įgyvendindami savo teises bei vykdydami pareigas, asmenys turi laikytis įstatymų,

gerbti bendro gyvenimo taisykles ir geros moralės principus bei veikti sąžiningai, laikytis protingumo ir teisingumo principų.

3. Draudžiama piktnaudžiauti savo teise, t. y. draudžiama įgyvendinti civilines teises tokiu būdu ir priemonėmis, kurios be teisinio pagrindo pažeistų ar varžytų kitų asmenų teises ar įstatymų saugomus interesus ar darytų žalos kitiems asmenims arba prieštarautų subjektinės teisės paskirčiai. Žalos padarymas kitiems asmenims piktnaudžiaujant teise yra pagrindas taikyti civilinę atsakomybę. Jeigu asmuo piktnaudžiauja subjektine teise, teismas gali atsisakyti ją ginti.

4. Civilinių teisių įgyvendinimas negali būti naudojamas nesąžiningai ir ne pagal įstatymus riboti konkurenciją ar piktnaudžiauti dominuojančia padėtimi rinkoje.

5. Civilines teises saugo įstatymai, išskyrus atvejus, kada šios teisės įgyvendinamos prieštaraujant jų paskirčiai, viešajai tvarkai, geriems papročiams ar visuomenės moralės principams.

6. Atsisakymas įgyvendinti civilinę subjektinę teisę nepanaikina šios teisės, išskyrus įstatymų nustatytus atvejus.

1.138 straipsnis. Civilinių teisių gynimas Civilines teises įstatymų nustatyta tvarka gina teismas, neviršydamas savo kompetencijos,

šiais būdais: 1) pripažindamas tas teises; 2) atkurdamas buvusią iki teisės pažeidimo padėtį; 3) užkirsdamas kelią teisę pažeidžiantiems veiksmams ar uždrausdamas atlikti veiksmus,

keliančius pagrįstą grėsmę žalai atsirasti (prevencinis ieškinys); 4) priteisdamas įvykdyti pareigą natūra; 5) nutraukdamas arba pakeisdamas teisinį santykį; 6) išieškodamas iš pažeidusio teisę asmens padarytą turtinę ar neturtinę žalą (nuostolius), o

įstatymų arba sutarties numatytais atvejais – netesybas (baudą, delspinigius); 7) pripažindamas negaliojančiais valstybės ar savivaldybių institucijų arba pareigūnų

aktus, prieštaraujančius įstatymams, šio kodekso 1.3 straipsnio 4 dalyje numatytais atvejais; 8) kitais įstatymų numatytais būdais.

1.139 straipsnis. Savigyna 1. Panaudoti savigyną ginant savo civilines teises leidžiama tik šio kodekso numatytais

atvejais. 2. Savigynos būdai ir priemonės turi atitikti teisės pažeidimo pobūdį ir kiekvienu

konkrečiu atveju neperžengti savigynos ribų. 3. Naudojant savigyną, būtina gerbti žmogaus teises ir laisves bei laikytis įstatymų

reikalavimų.

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ANTROJI KNYGA ASMENYS

I DALIS FIZINIAI ASMENYS

I SKYRIUS FIZINIŲ ASMENŲ CIVILINIS TEISNUMAS IR VEIKSNUMAS

PIRMASIS SKIRSNIS TEISNUMAS

2.1 straipsnis. Fizinių asmenų civilinio teisnumo samprata Galėjimas turėti civilines teises ir pareigas (civilinis teisnumas) pripažįstamas visiems

fiziniams asmenims.

2.2 straipsnis. Fizinių asmenų civilinio teisnumo atsiradimas ir išnykimas 1. Fizinio asmens civilinis teisnumas atsiranda asmens gimimo momentu ir išnyksta, jam

mirus. 2. Teisių, kurias įstatymai pripažįsta pradėtam, bet dar negimusiam vaikui, atsiradimas

priklauso nuo jo gimimo. 3. Jeigu negalima nustatyti, ar vaikas gimė gyvas, ar negyvas, preziumuojama, kad jis

gimė gyvas. 4. Jeigu tam tikrų civilinių teisinių pasekmių atsiradimas priklauso nuo to, kuris iš fizinių

asmenų mirė anksčiau, o nustatyti kiekvieno iš jų mirties momento negalima, preziumuojama, kad tie fiziniai asmenys mirė vienu metu.

2.3 straipsnis. Fizinio asmens gimimo ir mirties momentas 1. Fizinio asmens gimimo momentu pripažįstamas pirmas savarankiškas naujagimio

įkvėpimas. 2. Fizinio asmens mirties momentu pripažįstamas jo kraujotakos ir kvėpavimo negrįžtamas

nutrūkimas arba jo smegenų visų funkcijų visiškas ir negrįžtamas nutrūkimas. 3. Gimimo ir mirties momento konstatavimo kriterijus ir tvarką nustato įstatymai.

2.4 straipsnis. Fizinių asmenų civilinio teisnumo turinys 1. Fiziniai asmenys vadovaujantis įstatymais gali turėti turtą, kaip privačios nuosavybės

objektą, teisę verstis ūkine komercine veikla, steigti įmones ar kitokius juridinius asmenis, paveldėti turtą ir palikti jį testamentu, pasirinkti veiklos rūšį ir gyvenamąją vietą, turėti išradimo, pramoninio pavyzdžio autoriaus teises, taip pat turėti kitokias turtines ir civilinės teisės saugomas asmenines neturtines teises.

2. Fiziniai asmenys, kurie įstatymų nustatyta tvarka verčiasi ūkine komercine veikla, laikomi verslininkais.

3. Kiekvienas asmuo, kuris verčiasi verslu ar profesine veikla, privalo tvarkyti savo turtą ir visa kita, kas susiję su jo verslu ar profesine veikla, taip pat saugoti dokumentus ir kitą informaciją apie savo turtą, verslą ar profesinę veiklą taip, kad kiekvienas turintis teisinį interesą asmuo bet kada galėtų gauti visapusišką informaciją apie to asmens turtines teises ir pareigas.

ANTRASIS SKIRSNIS VEIKSNUMAS

2.5 straipsnis. Fizinių asmenų civilinis veiksnumas 1. Fizinio asmens galėjimas savo veiksmais įgyti civilines teises ir susikurti civilines

pareigas (civilinis veiksnumas) atsiranda visiškai, kai asmuo sulaukia pilnametystės, t. y. kai jam sueina aštuoniolika metų.

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2. Tais atvejais, kai įstatymai leidžia fiziniam asmeniui sudaryti santuoką anksčiau, nei sueis aštuoniolika metų, asmuo, kuriam nėra suėjęs šis amžius, įgyja visišką civilinį veiksnumą nuo santuokos sudarymo momento. Jeigu vėliau ši santuoka nutraukiama ar pripažįstama negaliojančia dėl priežasčių, nesusijusių su santuokiniu amžiumi, nepilnametis įgyto visiško veiksnumo nenustoja.

2.6 straipsnis. Neleistinumas apriboti fizinių asmenų civilinį teisnumą ar veiksnumą įstatymuose nenumatytais pagrindais

1. Civilinis teisnumas ar veiksnumas niekam negali būti apribojamas kitaip, kaip tik įstatymų numatytais pagrindais ir tvarka.

2. Sandoriai, valstybės ar savivaldybių institucijų ir pareigūnų aktai, kuriais apribojamas civilinis teisnumas ar veiksnumas, negalioja, išskyrus atvejus, kai tokius sandorius ar aktus leidžia įstatymai.

2.7 straipsnis. Nepilnamečių iki keturiolikos metų civilinis veiksnumas 1. Už nepilnamečius iki keturiolikos metų sandorius jų vardu sudaro tėvai arba globėjai. 2. Tėvai ar globėjai, sudarydami ir vykdydami sandorius, privalo veikti išimtinai dėl

nepilnamečio interesų. Tėvų ir globėjų teises ir pareigas tvarkant nepilnamečių turtą nustato šio kodekso trečiosios knygos normos.

3. Nepilnamečiai iki keturiolikos metų turi teisę savarankiškai sudaryti smulkius buitinius sandorius, sandorius, susijusius su asmeninės naudos gavimu neatlygintinai, taip pat sandorius, susijusius su savo uždirbtų lėšų, atstovų pagal įstatymą ar kitų asmenų suteiktų lėšų panaudojimu, jeigu šiems sandoriams nėra nustatyta notarinė ar kita speciali forma.

4. Pagal nepilnamečio iki keturiolikos metų sutartines prievoles atsako jo atstovai pagal įstatymą, jeigu neįrodo, kad prievolė buvo pažeista ne dėl jų kaltės.

5. Jeigu nepilnamečio iki keturiolikos metų sudarytas sandoris nepripažintas negaliojančiu, tai, šiam asmeniui tapus visiškai veiksniam, kita sandorio šalis gali raštu kreiptis į tapusią veiksnią sandorio šalį ir prašyti per kreipimesi nustatytą terminą, kuris negali būti trumpesnis nei vienas mėnuo, patvirtinti sandorį. Jeigu per nustatytą terminą asmuo neatsako, kad jis sandorio netvirtina, laikoma, kad jis sandorį patvirtino.

2.8 straipsnis. Nepilnamečių nuo keturiolikos iki aštuoniolikos metų civilinis veiksnumas

1. Nepilnamečiai nuo keturiolikos iki aštuoniolikos metų sandorius sudaro, turėdami tėvų arba rūpintojų sutikimą. Sutikimo forma turi atitikti sudaromo sandorio formą. Sandoriai, sudaryti be atstovų pagal įstatymą sutikimo, galioja, jeigu tokį sutikimą atstovas pagal įstatymą duoda po sandorio sudarymo.

2. Nepilnamečiai nuo keturiolikos iki aštuoniolikos metų, be šio kodekso 2.7 straipsnio 3 dalyje numatytų teisių, turi teisę savarankiškai disponuoti savo pajamomis bei turtu, įgytu už šias pajamas, įgyvendinti autorių teises į savo kūrinius, išradimus, pramoninį dizainą, taip pat sudaryti smulkius buitinius sandorius.

3. Esant pakankamam pagrindui, teismas gali vaikų globos (rūpybos) institucijos ar kitų suinteresuotų asmenų pareiškimu apriboti ar atimti iš nepilnamečio nuo keturiolikos iki aštuoniolikos metų teisę savarankiškai disponuoti savo pajamomis bei turtu.

4. Nepilnamečių nuo keturiolikos iki aštuoniolikos metų teisę padėti į kredito įstaigas indėlius ir jais disponuoti nustato teisės aktai.

5. Nepilnamečiai nuo keturiolikos iki aštuoniolikos metų patys atsako pagal savo sutartines prievoles.

2.9 straipsnis. Nepilnamečių pripažinimas veiksniais (emancipacija) 1. Nepilnametis, sulaukęs šešiolikos metų, jo tėvų, globos (rūpybos) institucijų, jo

rūpintojo ar jo paties pareiškimu gali būti teismo tvarka pripažintas visiškai veiksniu (emancipuotas), jeigu yra pakankamas pagrindas leisti jam savarankiškai įgyvendinti visas civilines teises ar vykdyti pareigas. Visais atvejais, kad nepilnametis būtų pripažintas visiškai veiksniu, reikalingas paties nepilnamečio sutikimas.

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2. Teismas gali nepilnamečio tėvų, rūpintojo ar globos (rūpybos) institucijų pareiškimu panaikinti tokį visiško veiksnumo pripažinimą, jeigu nepilnametis, savarankiškai įgyvendindamas savo teises ar vykdydamas pareigas, daro žalos savo ar kitų asmenų teisėms ar teisėtiems interesams.

TREČIASIS SKIRSNIS FIZINIO ASMENS PRIPAŽINIMAS NEVEIKSNIU AR RIBOTAI VEIKSNIU

2.10 straipsnis. Fizinio asmens pripažinimas neveiksniu 1. Fizinis asmuo, kuris dėl psichinės ligos arba silpnaprotystės negali suprasti savo

veiksmų reikšmės ar jų valdyti, gali būti teismo tvarka pripažintas neveiksniu. Neveiksniam asmeniui yra nustatoma globa.

2. Pripažinto neveiksniu asmens vardu sandorius sudaro jo globėjas. Globėjo teises ir pareigas nustato šio kodekso trečiosios knygos normos.

3. Jeigu pripažintas neveiksniu asmuo pasveiksta arba jo sveikata labai pagerėja, teismas pripažįsta jį veiksniu. Įsiteisėjus teismo sprendimui, tokiam asmeniui nustatyta globa panaikinama.

4. Prašymą pripažinti asmenį neveiksniu turi teisę paduoti to asmens sutuoktinis, tėvai, pilnamečiai vaikai, globos (rūpybos) institucija arba prokuroras. Jie taip pat turi teisę kreiptis į teismą dėl asmens pripažinimo veiksniu.

2.11 straipsnis. Fizinių asmenų civilinio veiksnumo apribojimas 1. Fizinių asmenų civilinis veiksnumas gali būti apribotas teismo tvarka, jeigu jie

piktnaudžiauja alkoholiniais gėrimais, narkotikais, narkotinėmis ar toksinėmis medžiagomis. Kai asmens veiksnumas apribojamas, jam yra nustatoma rūpyba. Rūpintojo teises ir pareigas nustato šio kodekso trečiosios knygos normos.

2. Asmuo, kurio veiksnumas apribotas, gali sudaryti sandorius dėl disponavimo turtu, taip pat atsiimti darbo užmokestį, pensiją ar kitų rūšių pajamas ir disponuoti jais tik turėdamas rūpintojo sutikimą, išskyrus smulkius buitinius sandorius. Be rūpintojo sutikimo asmuo, kurio veiksnumas apribotas, negali:

1) skolinti ir skolintis pinigų, jeigu suma didesnė kaip du vidutiniai mėnesiniai darbo užmokesčiai (bruto);

2) garantuoti ar laiduoti už kitą asmenį; 3) sudaryti savo turto perleidimo ar teisę į šį turtą suvaržančius sandorius; 4) sudaryti arbitražinį susitarimą; 5) pareikšti ieškinį, susijusį su ta jo civilinio veiksnumo dalimi, kur jo veiksnumas

apribotas; 6) priimti arba atsisakyti priimti palikimą; 7) sudaryti statinio (buto) statybos ar kapitalinio remonto rangos sutartį; 8) sudaryti savo turto nuomos ar panaudos sutartį. 3. Teismas gali nustatyti, kad rūpintojo sutikimas taip pat reikalingas sudaryti ir kitiems

šio straipsnio 2 dalyje nenumatytiems sandoriams. 4. Išnykus aplinkybėms, dėl kurių asmens veiksnumas buvo apribotas, teismas panaikina

asmens veiksnumo apribojimą. Įsiteisėjus teismo sprendimui, asmeniui nustatyta rūpyba panaikinama.

5. Pilnametis ribotai veiksnus asmuo asmeniškai atsako pagal savo sutartines ir nesutartines prievoles.

6. Prašymą apriboti asmens civilinį veiksnumą turi teisę paduoti to asmens sutuoktinis, tėvai, pilnamečiai vaikai, globos (rūpybos) institucija arba prokuroras. Kreiptis į teismą dėl veiksnumo apribojimo panaikinimo turi teisę taip pat ir asmuo, kurio veiksnumas apribotas.

7. Santykiams, susijusiems su neveiksnaus ar ribotai veiksnaus fizinio asmens turtinių ir neturtinių teisių įgyvendinimu ir gynimu, mutatis mutandis taikomi šio kodekso trečiosios knygos VII dalies straipsniai.

2.111 straipsnis. Neveiksnių ir ribotai veiksnių asmenų registras 1. Neveiksnių ir ribotai veiksnių asmenų registre registruojami asmenys, kurie teismo

tvarka pripažinti neveiksniais arba kurių civilinis veiksnumas apribotas, nepilnamečiai nuo

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keturiolikos iki aštuoniolikos metų šio kodekso 2.8 straipsnio 3 dalyje nustatytais atvejais, šių asmenų globėjai ir rūpintojai ir tvarkomi dėl jų teismo priimtų sprendimų duomenys apie veiksnumo ar veiksnumo apribojimo nustatymą ir panaikinimą. Neveiksnių ir ribotai veiksnių asmenų registras yra neviešas valstybės registras.

2. Vadovaujančioji neveiksnių ir ribotai veiksnių asmenų registro tvarkymo įstaiga yra Lietuvos Respublikos teisingumo ministerija, šio registro tvarkymo įstaiga – Centrinė hipotekos įstaiga. Registro duomenys tvarkomi Neveiksnių ir ribotai veiksnių asmenų registro nuostatų nustatyta tvarka.

3. Neveiksnių ir ribotai veiksnių asmenų registro duomenys Neveiksnių ir ribotai veiksnių asmenų registro nuostatų nustatyta tvarka teikiami tik turintiems įstatymų ir kitų teisės aktų nustatytą teisę šiuos duomenis gauti duomenų gavėjams jų tiesioginėms funkcijoms atlikti. Įstatymas papildytas straipsniu: Nr. XI-1031, 2010-09-23, Žin., 2010, Nr. 126-6456 (2010-10-26)

KETVIRTASIS SKIRSNIS FIZINIO ASMENS NUOLATINĖ GYVENAMOJI VIETA

IR GYVENAMOJI VIETA

2.12 straipsnis. Fizinio asmens nuolatinė gyvenamoji vieta 1. Fizinio asmens nuolatinė gyvenamoji vieta, reiškianti asmens teisinį santykį su valstybe

ar jos teritorijos dalimi, yra toje valstybėje ar jos teritorijos dalyje, kurioje jis nuolat ar daugiausia gyvena, laikydamas tą valstybę ar jos teritorijos dalį savo asmeninių, socialinių ir ekonominių interesų buvimo vieta.

2. Fizinis asmuo pripažįstamas turinčiu nuolatinę gyvenamąją vietą Lietuvos Respublikoje, jeigu jis Lietuvos Respublikoje savo valia įkuria ir išlaiko savo vienintelę arba pagrindinę gyvenamąją vietą, ketindamas čia įkurti ir išlaikyti savo asmeninių, socialinių ir ekonominių interesų centrą. Šis ketinimas gali būti išreikštas, be kita ko, asmeniui faktiškai būnant Lietuvos Respublikoje, taip pat nustačius asmeninius ar verslo ryšius tarp jo ir Lietuvos Respublikos asmenų arba remiantis kitais kriterijais.

3. Fizinis asmuo gali turėti tik vieną nuolatinę gyvenamąją vietą. Fizinio asmens įpareigojimas atlikti laikiną viešą prievolę nepakeičia jo nuolatinės gyvenamosios vietos.

4. Fizinio asmens nuolatinė gyvenamoji vieta laikoma nepasikeitusia tol, kol jis įgyja kitą nuolatinę gyvenamąją vietą.

5. Susituokusio asmens nuolatinė gyvenamoji vieta nepriklauso nuo jo sutuoktinio nuolatinės gyvenamosios vietos, tačiau vieno iš sutuoktinių nuolatinė gyvenamoji vieta yra faktas, į kurį gali būti atsižvelgiama nustatant kito sutuoktinio nuolatinę gyvenamąją vietą.

2.13 straipsnis. Neveiksnių fizinių asmenų nuolatinė gyvenamoji vieta 1. Neveiksnaus fizinio asmens nuolatine gyvenamąja vieta pripažįstama jo globėjo

nuolatinė gyvenamoji vieta, jeigu globėjas ir globotinis gyvena toje pačioje valstybėje. 2. Jeigu neveiksnus fizinis asmuo gyvena kitoje valstybėje negu jo globėjas ir toje

valstybėje yra neveiksnaus asmens asmeninių, socialinių ir ekonominių interesų centras, laikoma, kad jo nuolatinė gyvenamoji vieta yra toje valstybėje.

2.14 straipsnis. Nepilnamečių fizinių asmenų nuolatinė gyvenamoji vieta 1. Nepilnamečių fizinių asmenų nuolatine gyvenamąja vieta laikoma jų tėvų ar globėjų

(rūpintojų) nuolatinė gyvenamoji vieta. 2. Jeigu nepilnamečio fizinio asmens tėvai neturi bendros nuolatinės gyvenamosios vietos,

tai nepilnamečio nuolatine gyvenamąja vieta laikoma to iš tėvų, su kuriuo nepilnametis daugiausia gyvena, nuolatinė gyvenamoji vieta, jeigu teismas nėra nustatęs nepilnamečio gyvenamosios vietos su vienu iš tėvų.

2.15 straipsnis. Sandorio šalių teisė pasirinkti nuolatinę gyvenamąją vietą Sandorio šalys turi teisę raštu pasirinkti nuolatinę gyvenamąją vietą sandoriui vykdyti ir iš

to sandorio kylančioms teisėms įgyvendinti.

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2.16 straipsnis. Fizinio asmens gyvenamoji vieta 1. Fizinio asmens gyvenamąja vieta laikoma vieta, kurioje jis faktiškai dažniausiai gyvena. 2. Jeigu asmuo faktiškai gyvena keliose vietose, tai vieta, su kuria asmuo yra labiausiai

susijęs (kur yra asmens turtas ar didžioji turto dalis, kur yra jo darbo vieta arba kur jis gyvena ilgiausiai), laikoma jo pagrindine gyvenamąja vieta. Tokiu atveju, nustatant asmens nuolatinę gyvenamąją vietą, atsižvelgiama į tai, kur yra jo pagrindinė gyvenamoji vieta.

3. Jeigu asmens nuolatinė gyvenamoji vieta negali būti nustatyta pagal šio kodekso 2.12 straipsnyje numatytus kriterijus, laikoma, kad tokio asmens nuolatinė gyvenamoji vieta yra jo gyvenamoji vieta. Ši taisyklė taikoma ir pabėgėliams iš valstybės, kurioje buvo jų nuolatinė gyvenamoji vieta, jeigu jie neįkūrė savo nuolatinės gyvenamosios vietos Lietuvos Respublikoje pagal šio kodekso 2.12 straipsnį.

2.17 straipsnis. Gyvenamosios vietos nustatymo kriterijai 1. Nustatant fizinio asmens gyvenamąją vietą, atsižvelgiama į asmens faktinio gyvenimo

toje vietoje trukmę ir tęstinumą, duomenis apie asmens gyvenamąją vietą viešuosiuose registruose, taip pat į paties asmens viešus pareiškimus apie savo gyvenamąją vietą.

2. Jeigu fizinio asmens gyvenamoji vieta nežinoma arba ją nustatyti neįmanoma, tokio asmens gyvenamąja vieta laikoma paskutinė žinoma jo gyvenamoji vieta.

3. Fizinis asmuo privalo raštu pranešti kitai sandorio šaliai, taip pat savo kreditoriams ar skolininkams apie savo gyvenamosios vietos pasikeitimą. Jeigu asmuo šios pareigos neįvykdo, kita sandorio šalis ir kreditoriai turi teisę siųsti pranešimus bei atlikti kitus veiksmus paskutinėje jiems žinomoje asmens gyvenamojoje vietoje.

PENKTASIS SKIRSNIS CIVILINĖS BŪKLĖS AKTAI

2.18 straipsnis. Civilinės būklės aktų valstybinė registracija Valstybė privalomai registruoja šiuos civilinės būklės aktus: 1) asmens gimimą; 2) asmens mirtį; 3) santuokos sudarymą; 4) santuokos nutraukimą; 5) įvaikinimą; 6) tėvystės (motinystės) pripažinimą ir nustatymą; 7) vardo ir pavardės pakeitimą; 8) asmens lyties pakeitimą; 9) partnerystę.

2.19 straipsnis. Civilinės būklės aktų registravimo tvarka 1. Civilinės būklės aktus, išskyrus partnerystę, registruoja civilinės metrikacijos įstaigos,

padarydamos atitinkamą įrašą civilinės būklės aktų įrašų knygose ir asmeniui išduodamos atitinkamo akto įrašo liudijimą.

2. Civilinės būklės aktų registravimo, aktų įrašų keitimo, papildymo ir ištaisymo tvarką nustato šio kodekso trečioji knyga.

II SKYRIUS SPECIFINĖS FIZINIŲ ASMENŲ CIVILINĖS TEISĖS

IR JŲ ĮGYVENDINIMAS

2.20 straipsnis. Teisė į vardą 1. Kiekvienas fizinis asmuo turi teisę į vardą. Teisė į vardą apima teisę į pavardę, vardą

(vardus) ir pseudonimą. Neleidžiama įgyti teisių ir pareigų prisidengiant kito asmens vardu. 2. Fizinis asmuo turi teisę naudoti savo pilną ar sutrumpintą vardą (vardus) ir reikalauti iš

kitų asmenų nesinaudoti ir neveikti jo vardu be leidimo. 3. Fizinio asmens pavardės ir vardo pakeitimo pagrindus ir tvarką nustato teisės aktai.

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4. Fizinis asmuo, pakeitęs pavardę ar vardą, privalo apie tai pranešti savo skolininkams ir kreditoriams. Jeigu šios pareigos asmuo neįvykdo, jam tenka su nepranešimu apie savo pavardės (vardo) pakeitimą susijusių neigiamų pasekmių atsiradimo rizika.

2.21 straipsnis. Teisės į vardą gynimas 1. Fizinis asmuo, kurio teisė į vardą yra pažeista dėl to, kad kitas asmuo neteisėtai veikia

jo vardu ar kitokiu būdu neteisėtai pasisavina svetimą vardą, ar kliudo juo naudotis, turi teisę kreiptis į teismą ir reikalauti, kad teismas įpareigotų kaltą asmenį nutraukti tokius veiksmus bei atlyginti tokiais neteisėtais veiksmais padarytą turtinę ir neturtinę žalą.

2. Tokį ieškinį po fizinio asmens mirties turi teisę pareikšti jo sutuoktinis, tėvai ar vaikai.

2.22 straipsnis. Teisė į atvaizdą 1. Fizinio asmens nuotrauka (jos dalis), portretas ar kitoks atvaizdas gali būti atgaminami,

parduodami, demonstruojami, spausdinami, taip pat pats asmuo gali būti fotografuojamas tik jo sutikimu. Po asmens mirties tokį sutikimą gali duoti jo sutuoktinis, tėvai ar vaikai.

2. Asmens sutikimo nereikia, jeigu šie veiksmai yra susiję su visuomenine asmens veikla, jo tarnybine padėtimi, teisėsaugos institucijų reikalavimu arba jeigu fotografuojama viešoje vietoje. Tačiau asmens nuotraukos (jos dalies), padarytos šiais atvejais, negalima demonstruoti, atgaminti ar parduoti, jeigu tai pažemintų asmens garbę, orumą ar dalykinę reputaciją.

3. Fizinis asmuo, kurio teisė į atvaizdą buvo pažeista, turi teisę teismo tvarka reikalauti nutraukti tokius veiksmus bei atlyginti turtinę ir neturtinę žalą. Po asmens mirties tokį ieškinį turi teisę pareikšti jo sutuoktinis, vaikai ir tėvai.

2.23 straipsnis. Teisė į privatų gyvenimą ir jo slaptumą 1. Fizinio asmens privatus gyvenimas neliečiamas. Informacija apie asmens privatų

gyvenimą gali būti skelbiama tik jo sutikimu. Po asmens mirties tokį sutikimą gali duoti jo sutuoktinis, tėvai ar vaikai.

2. Privataus gyvenimo pažeidimu laikomas neteisėtas įėjimas į asmens gyvenamąsias ir kitokias patalpas, aptvertą privačią teritoriją, neteisėtas asmens stebėjimas, neteisėtas asmens ar jo turto apieškojimas, asmens telefoninių pokalbių, susirašinėjimo ar kitokios korespondencijos bei asmeninių užrašų ir informacijos konfidencialumo pažeidimas, duomenų apie asmens sveikatos būklę paskelbimas pažeidžiant įstatymų nustatytą tvarką bei kitokie neteisėti veiksmai.

3. Draudžiama rinkti informaciją apie privatų asmens gyvenimą pažeidžiant įstatymus. Asmuo turi teisę susipažinti su apie jį surinkta informacija, išskyrus įstatymų nustatytas išimtis. Draudžiama skleisti surinktą informaciją apie asmens privatų gyvenimą, nebent, atsižvelgiant į asmens einamas pareigas ar padėtį visuomenėje, tokios informacijos skleidimas atitinka teisėtą ir pagrįstą visuomenės interesą tokią informaciją žinoti.

4. Privataus asmens gyvenimo duomenų, nors ir atitinkančių tikrovę, paskelbimas, taip pat asmeninio susirašinėjimo paskelbimas pažeidžiant šio straipsnio 1 ir 3 dalyse nustatytą tvarką, taip pat įėjimas į asmens gyvenamąjį būstą be jo sutikimo, išskyrus įstatymų numatytas išimtis, asmens privataus gyvenimo stebėjimas ar informacijos rinkimas apie jį pažeidžiant įstatymą bei kiti neteisėti veiksmai, kuriais pažeidžiama teisė į privatų gyvenimą, yra pagrindas pareikšti ieškinį dėl tokiais veiksmais padarytos turtinės ir neturtinės žalos atlyginimo.

5. Šio straipsnio 1 ir 3 dalyse numatyti apribojimai, susiję su informacijos apie asmenį skelbimu ir rinkimu, netaikomi, kai tai daroma motyvuotu teismo sprendimu.

2.24 straipsnis. Asmens garbės ir orumo gynimas 1. Asmuo turi teisę reikalauti teismo tvarka paneigti paskleistus duomenis, žeminančius jo

garbę ir orumą ir neatitinkančius tikrovės, taip pat atlyginti tokių duomenų paskleidimu jam padarytą turtinę ir neturtinę žalą. Po asmens mirties tokią teisę turi jo sutuoktinis, tėvai ir vaikai, jeigu tikrovės neatitinkančių duomenų apie mirusįjį paskleidimas kartu žemina ir jų garbę bei orumą. Preziumuojama, jog paskleisti duomenys neatitinka tikrovės, kol juos paskleidęs asmuo neįrodo priešingai.

2. Jeigu tikrovės neatitinkantys duomenys buvo paskleisti per visuomenės informavimo priemonę (spaudoje, televizijoje, radijuje ir pan.), asmuo, apie kurį šie duomenys buvo paskleisti, turi teisę surašyti paneigimą ir pareikalauti, kad ta visuomenės informavimo priemonė šį

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paneigimą nemokamai išspausdintų ar kitaip paskelbtų. Visuomenės informavimo priemonė šį paneigimą privalo išspausdinti ar kitaip paskelbti per dvi savaites nuo jo gavimo dienos. Visuomenės informavimo priemonė turi teisę atsisakyti spausdinti ar paskelbti paneigimą tik tuo atveju, jeigu paneigimo turinys prieštarauja gerai moralei.

3. Reikalavimą atlyginti turtinę ir neturtinę žalą nagrinėja teismas, nepaisydamas to, ar tokius duomenis paskleidęs asmuo juos paneigė, ar ne.

4. Jeigu visuomenės informavimo priemonė atsisako spausdinti ar kitaip paskelbti paneigimą arba to nepadaro per šio straipsnio 2 dalyje nustatytą terminą, asmuo įgyja teisę kreiptis į teismą šio straipsnio 1 dalyje nustatyta tvarka. Duomenų, neatitinkančių tikrovės ir žeminančių kito asmens reputaciją, paneigimo tvarką ir terminus tokiu atveju nustato teismas.

5. Visuomenės informavimo priemonė, paskleidusi asmens reputaciją žeminančius ir tikrovės neatitinkančius duomenis, privalo atlyginti asmeniui padarytą turtinę ir neturtinę žalą tik tais atvejais, kai ji žinojo ar turėjo žinoti, jog paskleisti duomenys neatitinka tikrovės, taip pat kai tuos duomenis paskelbė jos darbuotojai ar duomenys paskleisti anonimiškai, o visuomenės informavimo priemonė atsisako nurodyti tuos duomenis pateikusį asmenį. Visais kitais atvejais turtinę ir neturtinę žalą privalo atlyginti duomenis paskleidęs asmuo ir jo veikla.

6. Paskleidęs tikrovės neatitinkančius duomenis asmuo atleidžiamas nuo civilinės atsakomybės, jeigu tie duomenys yra paskelbti apie viešą asmenį bei jo valstybinę ar visuomeninę veiklą, o juos paskelbęs asmuo įrodo, kad jis veikė sąžiningai siekdamas supažindinti visuomenę su tuo asmeniu ir jo veikla.

7. Jeigu nevykdomas teismo sprendimas, įpareigojantis paneigti tikrovės neatitinkančius duomenis, žeminančius asmens garbę ir orumą, teismas nutartimi gali išieškoti iš atsakovo baudą už kiekvieną teismo sprendimo nevykdymo dieną. Baudos dydį nustato teismas. Ji yra išieškoma ieškovo naudai, nepaisant neturtinės žalos atlyginimo.

8. Šio straipsnio taisyklės taip pat yra taikomos ginant pažeistą juridinio asmens dalykinę reputaciją.

9. Šio straipsnio taisyklės netaikomos teismo proceso dalyviams, kurie už teismo posėdžio metu pasakytas kalbas bei teismo dokumentuose paskelbtus duomenis neatsako.

2.25 straipsnis. Teisė į kūno neliečiamumą ir vientisumą 1. Fizinis asmuo neliečiamas. Be paties asmens (o asmeniui esant neveiksniam – be jo

atstovo pagal įstatymą) valios ir laisvo sutikimo su juo negali būti atliekami jokie moksliniai, medicinos bandymai ar tyrimai. Toks sutikimas turi būti išreikštas raštu.

2. Atlikti intervenciją į žmogaus kūną, pašalinti jo kūno dalis ar organus galima tik asmens sutikimu. Sutikimas chirurginei operacijai turi būti išreikštas raštu. Jeigu asmuo yra neveiksnus, tokį sutikimą gali duoti jo globėjas, tačiau neveiksniam asmeniui kastruoti, sterilizuoti, jo nėštumui nutraukti, jį operuoti, jo organui pašalinti būtinas teismo leidimas. Toks sutikimas nereikalingas būtino reikalingumo atvejais, siekiant išgelbėti asmens gyvybę, kai jai gresia realus pavojus, o pats asmuo negali išreikšti savo valios.

3. Asmuo raštu gali nustatyti savo kūno panaudojimo būdą po mirties, laidojimo tvarką ir būdą.

4. Žmogaus audinių ir organų donorystės ir transplantacijos tvarką nustato atskiras įstatymas.

5. Žmogaus kūnas, jo dalys ar organai ir audiniai negali būti komercinių sandorių dalyku. Tokie sandoriai yra niekiniai.

6. Asmuo, kurio teisė į kūno neliečiamumą ir vientisumą buvo pažeista, turi teisę reikalauti iš kaltų asmenų atlyginti turtinę ir neturtinę žalą.

2.26 straipsnis. Neleistinumas apriboti fizinio asmens laisvę 1. Fizinio asmens laisvė neliečiama. Veiksniam asmeniui taikyti bet kokią priežiūrą ar

apribojimus galima tik paties asmens sutikimu, taip pat kitais įstatymų nustatytais atvejais. 2. Asmens sveikatos priežiūrai asmens sutikimas nereikalingas, jeigu jo gyvybei gresia

pavojus arba būtina jį guldyti į stacionarinę sveikatos priežiūros įstaigą, kad būtų apsaugoti visuomenės interesai.

3. Asmens psichinė būklė gali būti tiriama tik jo sutikimu arba teismo leidimu. Sutikimą atlikti neveiksnaus asmens psichinės būklės tyrimą gali duoti jo globėjas arba teismas. Jeigu

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asmens gyvybei gresia realus pavojus, skubi psichiatrinė medicinos pagalba gali būti suteikta ir be asmens sutikimo.

4. Asmuo gali būti paguldytas į psichiatrijos įstaigą tik jo paties sutikimu, taip pat teismo leidimu. Jeigu asmuo serga sunkia psichikos liga ir yra reali grėsmė, kad jis savo veiksmais gali padaryti esminės žalos savo ar aplinkinių sveikatai ar gyvybei bei turtui, jis gali būti priverstinai hospitalizuotas, bet ne ilgiau kaip dvi paras. Priverstinė hospitalizacija gali būti pratęsta tik įstatymų nustatyta tvarka teismo leidimu. Jeigu asmuo yra neveiksnus, sutikimą priverstinei jo hospitalizacijai, tačiau ne ilgiau kaip dvi paras, gali duoti asmens globėjas. Neveiksnaus asmens priverstinė hospitalizacija po to gali būti pratęsta tik įstatymų nustatyta tvarka teismo leidimu.

5. Asmenys, neteisėtai apriboję fizinio asmens laisvę, privalo atlyginti jam padarytą turtinę ir neturtinę žalą.

2.27 straipsnis. Teisė pakeisti lytį 1. Nesusituokęs pilnametis asmuo turi teisę medicininiu būdu pakeisti savo lytį, jeigu tai

mediciniškai įmanoma. Toks asmens prašymas turi būti išreikštas raštu. 2. Lyties pakeitimo sąlygas ir tvarką nustato įstatymai.

III SKYRIUS FIZINIO ASMENS PRIPAŽINIMAS NEŽINIA KUR ESANČIU

AR PASKELBIMAS MIRUSIU

2.28 straipsnis. Fizinio asmens pripažinimas nežinia kur esančiu 1. Fizinį asmenį teismas gali pripažinti nežinia kur esančiu, jeigu jo gyvenamojoje vietoje

vienerius metus nėra duomenų, kur jis yra. 2. Jeigu negalima nustatyti dienos, kurią gauti apie nesantįjį paskutiniai duomenys, nežinia

kur buvimo pradžia laikoma ateinančių metų sausio pirmoji diena.

2.29 straipsnis. Nežinia kur esančio fizinio asmens turto apsauga 1. Suinteresuotų asmenų arba prokuroro pareiškimu teismas skiria asmens, kurio buvimo

vieta nežinoma, turto laikinąjį administratorių. Laikinuoju administratoriumi gali būti skiriamas asmens sutuoktinis, artimieji giminaičiai arba asmenys, suinteresuoti išsaugoti jo turtą. Laikinasis administratorius privalo inventorizuoti turtą ir imtis priemonių turtui išsaugoti. Administratoriaus atlyginimą nustato teismas, išskyrus atvejus, kai laikinuoju administratoriumi paskirtas asmens sutuoktinis ar artimasis giminaitis. Jie šias funkcijas atlieka neatlygintinai.

2. Laikinasis administratorius valdo turtą, iš to turto išlaiko asmenis, kuriuos nežinia kur esantysis privalo išlaikyti, apmoka nežinia kur esančio asmens skolas. Disponuoti turtu, jį įkeisti ar kitaip suvaržyti teises į turtą laikinasis administratorius gali tik teismo leidimu.

3. Jeigu asmens, kurio buvimo vieta nežinoma, turtą sudaro įmonė, teismas skiria jos administratorių. Šis veikia įmonės savininko vardu.

4. Kai teismo sprendimu asmuo yra pripažintas nežinia kur esančiu, jo turtui teismo nutartimi skiriamas nuolatinis administratorius.

5. Turto administratoriumi asmuo gali būti paskirtas tik jo sutikimu.

2.30 straipsnis. Sprendimo pripažinti fizinį asmenį nežinia kur esančiu panaikinimas 1. Jeigu pripažintas nežinia kur esančiu asmuo grįžta arba paaiškėja jo buvimo vieta,

teismas panaikina sprendimą pripažinti asmenį nežinia kur esančiu ir panaikina jo turto administravimą.

2. Pajamos, kurias iš nežinia kur esančio asmens turto gavo turto administratorius, grąžinamos grįžusiam turto savininkui, o turto administratoriui grįžęs turto savininkas turi atlyginti visas su turto administravimu susijusias išlaidas.

2.31 straipsnis. Fizinio asmens paskelbimas mirusiu 1. Fizinis asmuo gali būti teismo tvarka paskelbiamas mirusiu, jeigu jo gyvenamojoje

vietoje trejus metus nėra duomenų apie jo buvimo vietą, o jeigu jis dingo be žinios tokiomis aplinkybėmis, kurios sudarė mirties grėsmę arba duoda pagrindą spėti jį žuvus dėl nelaimingo

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atsitikimo, – jeigu apie asmenį nėra duomenų šešis mėnesius. Šių terminų pradžia nustatoma pagal šio kodekso 2.28 straipsnio 2 dalies taisyklę.

2. Karys ar kitas asmuo, dingęs be žinios dėl karo veiksmų, gali būti teismo tvarka paskelbiamas mirusiu ne anksčiau, kaip praėjus dvejiems metams nuo karo veiksmų pasibaigimo dienos.

3. Asmuo gali būti paskelbiamas mirusiu nepaisant to, ar prieš tai jis buvo pripažintas nežinia kur esančiu, ar ne.

4. Paskelbto mirusiu asmens mirties data yra laikoma ta diena, kurią įsiteisėja teismo sprendimas paskelbti jį mirusiu. Jeigu paskelbiamas mirusiu asmuo, dingęs be žinios tokiomis aplinkybėmis, kurios sudarė mirties grėsmę arba duoda pagrindą spėti jį žuvus dėl nelaimingo atsitikimo, teismas gali pripažinti šio asmens mirties data spėjamą jo žuvimo dieną.

5. Tokio asmens mirties vieta yra laikoma teismo sprendime nurodyta konkreti vieta. Jeigu konkrečios asmens mirties vietos nustatyti negalima, jo mirties vieta laikoma paskutinė žinoma jo buvimo vieta.

6. Asmens paskelbimas mirusiu šio asmens civilinių teisių ir pareigų atžvilgiu prilygsta jo mirčiai.

2.32 straipsnis. Paskelbto mirusiu fizinio asmens atsiradimo pasekmės 1. Jeigu paskelbtas mirusiu asmuo grįžta arba paaiškėja jo buvimo vieta, teismas panaikina

sprendimą paskelbti asmenį mirusiu. 2. Grįžęs asmuo neturi teisės reikalauti grąžinti savo turtą, kuris, paskelbus asmenį

mirusiu, yra paveldėtas. Tačiau tais atvejais, kai asmuo nežinia kur buvo dėl svarbių priežasčių, jis turi teisę, neatsižvelgiant į grįžimo laiką, reikalauti grąžinti jo turtą, išlikusį pas įpėdinius.

3. Grįžęs asmuo taip pat turi teisę išsireikalauti turtą, perėjusį neatlygintinai tretiesiems asmenims, arba jo vertę. Tačiau sąžiningam turto įgijėjui turi būti atlyginami visi nuostoliai, susiję su turto ar jo vertės išreikalavimu.

II DALIS JURIDINIAI ASMENYS

IV SKYRIUS BENDROSIOS NUOSTATOS

2.33 straipsnis. Juridinio asmens sąvoka 1. Juridinis asmuo yra savo pavadinimą turinti įmonė, įstaiga ar organizacija, kuri gali

savo vardu įgyti ir turėti teises bei pareigas, būti ieškovu ar atsakovu teisme. 2. Šios knygos II dalies normos taikomos atskiroms juridinių asmenų teisinėms formoms,

išskyrus, jeigu šio kodekso normos numato kitaip. 3. Juridinių asmenų, nurodytų Strateginę reikšmę nacionaliniam saugumui turinčių įmonių

ir įrenginių bei kitų nacionaliniam saugumui užtikrinti svarbių įmonių įstatyme, steigimą, valdymą, reorganizavimą, pertvarkymą ir likvidavimą šis kodeksas reglamentuoja tiek, kiek Strateginę reikšmę nacionaliniam saugumui turinčių įmonių ir įrenginių bei kitų nacionaliniam saugumui užtikrinti svarbių įmonių įstatymas nenumato kitaip. Straipsnio pakeitimai: Nr. XI-372, 2009-07-21, Žin., 2009, Nr. 93-3965 (2009-08-04)(papildyta 3 dalimi)

2.34 straipsnis. Viešieji ir privatieji asmenys 1. Juridiniai asmenys skirstomi į viešuosius ir privačiuosius. 2. Viešieji juridiniai asmenys yra valstybės ar savivaldybės, jų institucijų arba kitų

asmenų, nesiekiančių naudos sau, įsteigti juridiniai asmenys, kurių tikslas – tenkinti viešuosius interesus (valstybės ir savivaldybės įmonės, valstybės ir savivaldybės įstaigos, viešosios įstaigos, religinės bendruomenės ir t. t.).

3. Privatieji juridiniai asmenys yra juridiniai asmenys, kurių tikslas – tenkinti privačius interesus.

4. Viešiesiems juridiniams asmenims šios knygos VII skyrius taikomas subsidiariai. 5. Viešiesiems juridiniams asmenims šios knygos IX skyrius netaikomas.

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2.35 straipsnis. Valstybė ir savivaldybės 1. Valstybė ir savivaldybės yra juridiniai asmenys. 2. Valstybės ir savivaldybių institucijos, kurių buvimą numato Lietuvos Respublikos

Konstitucija, yra juridiniai asmenys įstatymų nustatytais atvejais. 3. Valstybei ir savivaldybėms netaikomos šios knygos II dalies normos, išskyrus šio

kodekso 2.36, 2.74, 2.76, 2.80, 2.84, 2.85 straipsnius. 4. Šio straipsnio 2 dalyje nurodytos valstybės ir savivaldybių institucijos pateikia juridinių

asmenų registrui dokumentus ir duomenis, nurodytus šio kodekso 2.46 ir 2.66 straipsniuose.

2.36 straipsnis. Valstybės ir savivaldybių dalyvavimas civiliniuose santykiuose 1. Valstybė, savivaldybė ir jų institucijos yra civilinių santykių dalyvės lygiais pagrindais

kaip ir kiti šių santykių dalyviai. 2. Valstybė ir savivaldybės įgyja civilines teises, prisiima civilines pareigas ir jas

įgyvendina per atitinkamas valstybės ir savivaldybių valdymo institucijas.

2.37 straipsnis. Religinės bendruomenės ir bendrijos 1. Tradicinės religinės bendruomenės ir bendrijos yra juridiniai asmenys. Kitos religinės

bendruomenės ir bendrijos įgyja juridinio asmens teises šios knygos V skyriuje ir kitų įstatymų nustatyta tvarka.

2. Religinių bendruomenių ir bendrijų struktūriniai padaliniai, kurie pagal religinių bendruomenių ir bendrijų kanonus, statutus ar kitas normas atitinka šio kodekso 2.33 straipsnyje nustatytas sąlygas, yra juridiniai asmenys. Tokie struktūriniai padaliniai juridinių asmenų registrui pateikia dokumentus, patvirtinančius, kad yra šioje dalyje nurodytos aplinkybės.

3. Religinės bendruomenės ir bendrijos bei jų struktūriniai padaliniai, turintys juridinio asmens teises, veikia pagal savo kanonus, statutus ar kitas normas, tiek kiek jie neprieštarauja įstatymams, ir šiems juridiniams asmenims taikomi tik šios knygos IV, VI skyriai, 2.84, 2.85 straipsniai bei, kiek tai neprieštarauja šio straipsnio 1 daliai, V skyrius.

2.38 straipsnis. Profesinės sąjungos 1. Profesinės sąjungos yra juridiniai asmenys, jeigu yra įvykdytos šio straipsnio 2 dalies

nuostatos. 2. Profesinė sąjunga yra įsteigiama, jeigu ji turi ne mažiau kaip dvidešimt steigėjų arba

jeigu įmonėje, įstaigoje, organizacijoje jie sudarytų ne mažiau kaip 1/10 visų darbuotojų (o 1/10 visų darbuotojų būtų ne mažiau kaip trys darbuotojai), ir profesinės sąjungos susirinkime yra patvirtinti jos įstatai bei išrinkti valdymo organai.

3. Profesinės sąjungos steigėjais gali būti Lietuvos Respublikos piliečiai ar fiziniai asmenys, nuolat gyvenantys Lietuvos Respublikoje, ne jaunesni kaip keturiolikos metų ir dirbantys pagal darbo sutartį ar kitais pagrindais.

4. Profesinėms sąjungoms taikomas šios knygos V skyrius, kiek tai neprieštarauja šio straipsnio 1 daliai. Profesinės sąjungos pateikia juridinių asmenų registrui dokumentus, patvirtinančius šio straipsnio 2 dalyje nurodytų aplinkybių buvimą. Straipsnio pakeitimai: Nr. XI-881, 2010-06-04, Žin., 2010, Nr. 71-3554 (2010-06-19)

2.39 straipsnis. Juridinio asmens pavadinimas 1. Juridinis asmuo privalo turėti savo pavadinimą, pagal kurį jį būtų galima atskirti nuo

kitų juridinių asmenų. 2. Juridinio asmens pavadinimas yra juridinio asmens nuosavybė, tačiau jis negali būti

parduotas ar kitaip perduotas kito asmens nuosavybėn atskirai nuo juridinio asmens. 3. Juridinio asmens pavadinimas neturi prieštarauti viešajai tvarkai ar gerai moralei ir

klaidinti visuomenę dėl juridinio asmens steigėjo, dalyvio, buveinės, veiklos tikslo, teisinės formos, tapatumo ar panašumo į kitų juridinių asmenų pavadinimus, žinomesnių Lietuvos visuomenei užsienio įmonių, įstaigų ir organizacijų vardus, prekių ir paslaugų ženklus. Juridinio asmens pavadinimas neturi klaidinti dėl jo tapatumo ar panašumo į anksčiau už juridinį asmenį

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Lietuvos Respublikoje pateiktus registruoti, įregistruotus ar pripažintus žinomus prekių ir paslaugų ženklus.

4. Juridinio asmens pavadinimas atskirai neregistruojamas ir yra saugomas nuo tos dienos, kai juridinių asmenų registrui pateikiamas prašymas įregistruoti juridinį asmenį, arba nuo teisės akto priėmimo, jei taikoma šio kodekso 2.46 straipsnio 3 dalis.

5. Juridinių asmenų registro nuostatai gali nustatyti papildomus reikalavimus juridinių asmenų pavadinimui.

2.40 straipsnis. Juridinio asmens pavadinimo sudarymas 1. Juridinio asmens pavadinimas yra sudaromas iš žodžių ar žodžių junginių, vartojamų

perkeltine reikšme arba turinčių tiesioginę reikšmę. 2. Juridinio asmens pavadinimas turi būti sudarytas laikantis lietuvių bendrinės kalbos

normų ir negali būti sudarytas tik iš tiesioginę veiklos daiktų ar paslaugų rūšį nurodančio bendrinio žodžio (žodžių) arba tik iš vietovardžio, arba tik iš kitokio žodžio, neturinčio skiriamojo požymio.

3. Juridinio asmens pavadinimas gali būti sudarytas iš raidžių, kurios negali būti suprantamos kaip žodžiai, ir skaitmenų arba jų derinių tik tada, jeigu toks pavadinimas yra nusistovėjęs visuomenėje. Juridinio asmens, susijusio su užsienio juridiniu asmeniu ar kita organizacija, pavadinimas gali būti sudaromas taip, kad jis būtų tapatus ar panašus į užsienio juridinio asmens ar kitos organizacijos pavadinimą, jei yra šių sutikimas naudoti pavadinimą.

2.41 straipsnis. Steigiamo juridinio asmens pavadinimas 1. Juridinio asmens steigėjai gali kreiptis į juridinių asmenų registrą dėl steigiamo juridinio

asmens pavadinimo laikino įtraukimo į juridinių asmenų registrą. 2. Steigiamo juridinio asmens pavadinimui taikomos tokios pačios taisyklės kaip ir

juridinio asmens pavadinimui, išskyrus šio kodekso 2.39 straipsnio 4 dalį ir 2.42 straipsnį. 3. Steigiamo juridinio asmens pavadinimas įtraukiamas į juridinių asmenų registrą šešiems

mėnesiams ir šiam terminui pasibaigus išbraukiamas nepranešus apie tai juridinio asmens steigėjams.

2.42 straipsnis. Teisė į juridinio asmens pavadinimą 1. Neleidžiama įgyti teisių ir pareigų prisidengiant kito juridinio asmens pavadinimu arba

naudoti kito juridinio asmens pavadinimą be jo sutikimo. 2. Juridinis asmuo, kurio teisė į pavadinimą yra pažeista dėl to, kad kitas asmuo neteisėtai

naudoja pirmojo pavadinimą, arba dėl to, kad kitas asmuo turi ar naudoja pavadinimą, kuris neatitinka šio kodekso 2.39 straipsnio reikalavimų, turi teisę kreiptis į teismą ir reikalauti, kad teismas įpareigotų juridinį asmenį nutraukti neteisėtus veiksmus arba pakeisti pavadinimą ir atlyginti tais veiksmais padarytą turtinę ir neturtinę žalą, o jeigu pažeista šio straipsnio 1 dalis, – taip pat reikalauti, kad asmuo perduotų viską, ką gavo prisidengęs ar naudodamas pavadinimą be jo savininko sutikimo.

2.43 straipsnis. Juridinio asmens pavadinimo keitimas 1. Juridinis asmuo prieš pakeisdamas savo pavadinimą privalo apie tai pranešti viešai

vieną kartą arba pranešti visiems juridinio asmens kreditoriams raštu. 2. Jeigu juridinis asmuo neįvykdo pareigos, nurodytos šio straipsnio 1 dalyje, jam tenka su

nepranešimu apie pavadinimo pakeitimą susijusių neigiamų pasekmių atsiradimo rizika. 3. Juridinio asmens pavadinimas keičiamas keičiant steigimo dokumentus, kurie

registruojami juridinių asmenų registre tik tada, kai įvykdyti šio straipsnio 1 dalies reikalavimai. 4. Juridinis asmuo gali kreiptis į juridinių asmenų registrą dėl numatomo suteikti juridinio

asmens naujojo pavadinimo laikino įtraukimo į juridinių asmenų registrą. Tokiu atveju mutatis mutandis taikomas šio kodekso 2.41 straipsnis.

2.44 straipsnis. Juridinio asmens dokumentuose nurodoma informacija 1. Juridinio asmens dokumentuose, kuriuos jis naudoja turėdamas santykių su kitais

subjektais, (raštuose, sąskaitose, prekybos dokumentuose ir t. t.) privalo būti nurodyta: 1) juridinio asmens pavadinimas; 2) juridinio asmens teisinė forma;

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3) juridinio asmens buveinė; 4) juridinio asmens kodas; 5) registras, kuriame kaupiami ir saugomi duomenys apie tą juridinį asmenį. 2. Jeigu juridinis asmuo yra bankrutuojantis ar likviduojamas, apie tai taip pat turi būti

pažymima šio straipsnio 1 dalyje nurodytuose dokumentuose. 3. Jeigu juridinis asmuo yra pridėtinės vertės mokesčio mokėtojas, tai mokėtojo kodas turi

būti taip pat pažymimas šio straipsnio 1 dalyje nurodytuose dokumentuose. 4. Jei šio straipsnio 1 dalyje nurodytuose dokumentuose yra minimas juridinio asmens

kapitalas, tai turi būti nurodomas įstatinis kapitalas ir apmokėto įstatinio kapitalo dydis.

2.45 straipsnis. Juridinio asmens dalyvis Juridinio asmens dalyvis (akcininkas, narys, dalininkas ir pan.) yra asmuo, kuris turi

nuosavybės teisę į juridinio asmens turtą, arba asmuo, kuris nors ir neišsaugo nuosavybės teisių į juridinio asmens turtą, bet įgyja prievolinių teisių ir (ar) pareigų, susijusių su juridiniu asmeniu.

2.46 straipsnis. Juridinių asmenų steigimo dokumentai 1. Juridiniai asmenys veikia pagal savo steigimo dokumentus: įstatus, steigimo sandorį

arba įstatymų numatytais atvejais – bendruosius nuostatus. Pagal šį kodeksą įstatams prilygsta juridinių asmenų nuostatai, statutai ar kiti jų steigimo dokumentai.

2. Steigimo dokumentų normos galioja tiek, kiek jos neprieštarauja imperatyviosioms įstatymų normoms.

3. Viešieji juridiniai asmenys gali veikti pagal įstatymus ar, jei įstatymai numato, pagal valstybės ar savivaldybių institucijos priimtą teisės aktą dėl viešojo juridinio asmens steigimo, jei toks teisės aktas nenumato, kad viešasis juridinis asmuo veikia pagal valstybės ar savivaldybių institucijos patvirtintus įstatus.

4. Juridinio asmens steigimo dokumentai netenka galios, jeigu jie nebuvo pateikti juridinių asmenų registrui per šešis mėnesius nuo steigimo dokumentų sudarymo, jeigu kiti įstatymai nenustato kitokio termino.

5. Juridinio asmens steigimo dokumentus pasirašiusių fizinių asmenų parašų tapatumas turi būti notaro patvirtintas, išskyrus įstatymų nustatytas išimtis.

2.47 straipsnis. Juridinio asmens įstatai 1. Juridinio asmens įstatuose, o jeigu juridinis asmuo neturi įstatų, – steigimo sandoryje

arba bendruosiuose nuostatuose, jeigu juridinis asmuo veikia pagal bendruosius nuostatus, arba teisės akte, jei viešasis juridinis asmuo veikia pagal teisės aktą, turi būti nurodyta:

1) juridinio asmens pavadinimas; 2) juridinio asmens teisinė forma; 3) (neteko galios nuo 2010 m. sausio 1 d.); 4) juridinio asmens veiklos tikslai; 5) juridinio asmens dalyvių susirinkimo kompetencija ir šaukimo tvarka; 6) juridinio asmens organai ir jų kompetencija bei skyrimo ir atšaukimo tvarka arba, jei

organai nesudaromi, o juridinis asmuo savo teises įgyvendina per juridinio asmens dalyvį, – juridinio asmens dalyvis;

7) juridinio asmens steigimo dokumentų keitimo tvarka; 8) juridinio asmens veiklos laikotarpis, jei jis yra ribotas; 9) kitos įstatymų, juridinio asmens steigėjo ar dalyvio nustatytos nuostatos. 2. Viešųjų juridinių asmenų veiklos tikslai turi būti apibūdinti aiškiai ir išsamiai, nurodant

veiklos sritį bei rūšį. 3. Juridinio asmens dalyvių susirinkimo kompetencijos ir šaukimo tvarkos, kitų juridinio

asmens organų kompetencijos bei skyrimo ir atšaukimo tvarkos, juridinio asmens steigimo dokumentų keitimo tvarkos nurodyti nereikia, jeigu ji nesiskiria nuo įstatymuose nustatytos ir apie tai nurodoma pačiuose įstatuose. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

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2.48 straipsnis. Juridinių asmenų turtas 1. Juridiniai asmenys turtą valdo, naudoja ir juo disponuoja nuosavybės ar patikėjimo

teise. 2. Turtas, kurį juridinis asmuo valdo, naudoja ir juo disponuoja patikėjimo teise, priklauso

juridinio asmens steigėjui ar dalyviui nuosavybės teise.

2.49 straipsnis. Juridinio asmens buveinė 1. Juridinio asmens buveine laikoma ta vieta, kurioje yra nuolatinis jo valdymo organas.

Juridinio asmens buveinė apibūdinama nurodant patalpų, kuriose yra buveinė, adresą. 2. Jeigu juridinio asmens buveinė, nurodyta juridinių asmenų registre ar sandoryje, ir jo

nuolatinio valdymo organo buvimo vieta nesutampa, tai tretieji asmenys nuolatinio valdymo organo buvimo vietą turi teisę laikyti juridinio asmens buveine.

3. Visas susirašinėjimas su juridiniu asmeniu yra laikomas tinkamu, kai jis vyksta juridinio asmens buveinės adresu, taip pat atsižvelgiant į šio straipsnio 2 dalį, jeigu juridinis asmuo aiškiai nenurodė kitaip.

4. Sprendimą dėl juridinio asmens buveinės priima steigėjai. Sprendimas dėl juridinio asmens buveinės pakeitimo priimamas juridinio asmens steigimo dokumentų nustatyta tvarka, jeigu kitaip nenumatyta atskirų juridinių asmenų veiklą reglamentuojančiuose įstatymuose. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.50 straipsnis. Juridinių asmenų atsakomybė pagal savo prievoles 1. Juridinis asmuo atsako pagal savo prievoles jam nuosavybės ar patikėjimo teise

priklausančiu turtu. 2. Juridinis asmuo neatsako pagal juridinio asmens dalyvio prievoles, o pastarasis neatsako

pagal juridinio asmens prievoles, išskyrus įstatymuose arba juridinio asmens steigimo dokumentuose numatytus atvejus.

3. Kai juridinis asmuo negali įvykdyti prievolės dėl juridinio asmens dalyvio nesąžiningų veiksmų, juridinio asmens dalyvis atsako pagal juridinio asmens prievolę savo turtu subsidiariai.

4. Juridiniai asmenys skirstomi į ribotos ir neribotos civilinės atsakomybės asmenis. Jeigu prievolėms įvykdyti neužtenka neribotos civilinės atsakomybės juridinio asmens turto, už jo prievoles atsako juridinio asmens dalyvis. Neribotos civilinės atsakomybės juridiniai asmenys yra individuali (personalinė) įmonė ir ūkinė bendrija.

2.51 straipsnis. Juridinio asmens veiklos laikotarpis 1. Juridinis asmuo gali būti įsteigtas ribotam ar neribotam laikui. Laiko riba gali būti

nurodyta tiek data, tiek tam tikrų sąlygų buvimu ar nebuvimu. 2. Jei juridinio asmens steigimo dokumentuose nenurodyta, kad juridinis asmuo įsteigtas

ribotam laikui, laikoma, kad toks juridinis asmuo yra įsteigtas neribotam laikui.

2.52 straipsnis. Juridinio asmens finansiniai metai 1. Juridinio asmens finansiniai metai yra kalendoriniai metai. 2. Juridinio asmens finansiniais metais gali būti ir kitas dvylikos mėnesių laikotarpis. Jis

turi būti nurodytas juridinio asmens steigimo dokumentuose. 3. Kai finansiniai metai keičiami, finansinių metų pabaiga yra laikoma naujų finansinių

metų pabaiga, jei laikotarpis nuo finansinių metų pradžios iki naujų finansinių metų pabaigos yra ne ilgesnis nei aštuoniolika mėnesių. Jei šis laikotarpis yra ilgesnis nei aštuoniolika mėnesių, tai nustatomi pereinamieji finansiniai metai, kurių pradžia yra senų finansinių metų pabaiga, o pabaiga – naujų finansinių metų pradžia.

4. Įsteigus juridinį asmenį, juridinio asmens pirmaisiais finansiniais metais yra laikomas laikotarpis nuo jo įsteigimo dienos iki finansinių metų pabaigos. Juridiniam asmeniui pasibaigus, paskutiniais finansiniais metais yra laikomas laikotarpis nuo finansinių metų pradžios iki juridinio asmens pabaigos dienos.

5. Juridinio asmens finansiniai metai gali būti keičiami ne dažniau nei vieną kartą per penkerius metus. Ši nuostata netaikoma, jeigu juridinis asmuo keičia savo finansinius metus į finansinius metus, sutampančius su kalendoriniais metais.

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2.53 straipsnis. Juridinio asmens filialas 1. Juridinio asmens filialas yra struktūrinis juridinio asmens padalinys, turintis savo

buveinę ir atliekantis visas arba dalį juridinio asmens funkcijų. 2. Juridinio asmens filialas nėra juridinis asmuo. Juridinis asmuo atsako pagal filialo

prievoles ir filialas atsako pagal juridinio asmens prievoles.

2.54 straipsnis. Juridinio asmens filialo nuostatai 1. Juridinio asmens filialas veikia pagal juridinio asmens patvirtintus nuostatus. Juose turi

būti nurodyta: 1) filialo pavadinimas; 2) (neteko galios nuo 2010 m. sausio 1 d.); 3) filialo veiklos tikslai; 4) filialo valdymo organas ir jo kompetencija; 5) filialo veiklos laikotarpis, jei jis yra ribotas; 6) kitos įstatymų ar juridinio asmens nustatytos nuostatos. 2. Juridinio asmens filialo nuostatuose taip pat turi būti nurodoma informacija apie filialą

įsteigusį asmenį, nustatyta šio kodekso 2.44 straipsnio 1 dalies 1, 2, 4 ir 5 punktuose, ir juridinio asmens valdymo organas, turintis teisę skirti ar atšaukti filialo valdymo organus, priimti sprendimus dėl filialo teisinio statuso. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.55 straipsnis. Filialų reglamentavimas 1. Filialams ir jų veiklai taikomos šios knygos II dalies normos tiek, kiek jos neprieštarauja

filialo esmei, ir atsižvelgiant į šiam straipsnyje numatytus ypatumus. 2. Filialo dokumentuose, nurodytuose šio kodekso 2.44 straipsnyje, turi būti pateikiama

analogiška informacija ir apie juridinį asmenį, išskyrus informaciją, nurodytą šio kodekso 2.44 straipsnio 3 dalyje, jei filialo steigėjas yra užsienio juridinis asmuo ar kita organizacija.

3. Užsienio juridinis asmuo ar kita organizacija, įregistravę filialą, privalo informuoti juridinių asmenų registrą apie pateiktų registrui juridinio asmens ar kitos organizacijos dokumentų ir duomenų pasikeitimus ir apie juridinio asmens ar kitos organizacijos teisinį statusą, pateikti juridinio asmens, kitos organizacijos ar filialo metinių finansinių ataskaitų rinkinį, jeigu užsienio juridinio asmens ar kitos organizacijos metinių finansinių ataskaitų rinkinys sudaromas vadovaujantis skirtingais, negu taikomi Europos Sąjungoje, reikalavimais ir finansinė atskaitomybė būtina pagal Lietuvos Respublikos įstatymus, taikomus užsienio juridiniam asmeniui ar kitai organizacijai. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30) Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.56 straipsnis. Juridinio asmens atstovybė 1. Juridinio asmens atstovybė yra juridinio asmens padalinys, turintis savo buveinę ir

turintis teisę atlikti veiksmus, nurodytus šio straipsnio 2 dalyje. 2. Juridinio asmens atstovybė turi teisę atstovauti juridinio asmens interesams ir juos ginti,

sudaryti sandorius bei atlikti kitus veiksmus juridinio asmens vardu, vykdyti eksporto ir importo operacijas, tačiau tik tarp užsienio juridinių asmenų ar kitų organizacijų, įsteigusių atstovybę, arba su ja susijusių įmonių, įstaigų ar organizacijų ir atstovybės.

3. Juridinio asmens atstovybė nėra juridinis asmuo.

2.57 straipsnis. Juridinio asmens atstovybės nuostatai 1. Juridinio asmens atstovybė veikia pagal juridinio asmens patvirtintus nuostatus,

kuriuose turi būti nurodyta: 1) atstovybės pavadinimas; 2) atstovybės buveinė; 3) atstovybės veiklos tikslai;

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4) atstovybės valdymo organas ir jo kompetencija; 5) atstovybės veiklos laikotarpis, jei jis yra ribotas; 6) kitos įstatymų ar juridinio asmens nustatytos nuostatos. 2. Juridinio asmens atstovybės nuostatuose taip pat turi būti nurodoma informacija apie

atstovybę įsteigusį asmenį, nurodyta šio kodekso 2.44 straipsnyje, ir juridinio asmens valdymo organas, turintis teisę skirti ar atšaukti atstovybės valdymo organus, priimti sprendimus dėl atstovybės teisinio statuso.

2.58 straipsnis. Juridinio asmens atstovybės reglamentavimas 1. Atstovybėms ir jų veiklai taikomos šios knygos II dalies normos tiek, kiek jos

neprieštarauja atstovybės esmei, ir atsižvelgiant į šiame straipsnyje numatytus ypatumus. 2. Atstovybės dokumentuose, nurodytuose šio kodekso 2.44 straipsnyje, turi būti

pateikiama tokia pat informacija ir apie juridinį asmenį, išskyrus informaciją, nurodytą šio kodekso 2.44 straipsnio 3 dalyje, jei atstovybės steigėjas yra užsienio juridinis asmuo ar kita organizacija.

3. Užsienio juridinis asmuo ar kita organizacija, įregistravę atstovybę, privalo informuoti juridinių asmenų registrą apie pateiktų registrui juridinio asmens dokumentų ir duomenų pasikeitimus ir apie juridinio asmens teisinį statusą. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

V SKYRIUS JURIDINIO ASMENS STEIGIMAS

2.59 straipsnis. Juridinio asmens steigimo tvarka Juridiniai asmenys steigiami šio kodekso ir įstatymų nustatyta tvarka. Steigimo procedūros

klausimus, kurių nereglamentuoja įstatymai, gali nustatyti steigėjai.

2.60 straipsnis. Juridinio asmens steigėjai 1. Juridinio asmens steigėjas yra asmuo, sudaręs sandorį įsteigti juridinį asmenį. Valstybė,

priėmusi atitinkamą įstatymą ar, jeigu įstatymai numato, kitą teisės aktą, taip pat savivaldybė, valstybės ir vietos savivaldos institucijos, jeigu įstatymai tai numato, priėmusios atitinkamą teisės aktą, kurio pagrindu įsteigiamas viešasis juridinis asmuo, taip pat yra laikomos juridinio asmens steigėjomis.

2. Juridinio asmens steigėjai gali būti ir fiziniai, ir juridiniai asmenys. 3. Įstatymai gali numatyti atvejus, kai viešajai tvarkai apsaugoti arba taikant atsakomąsias

priemones, tam tikrų juridinių asmenų steigėju ar dalyviu negali būti užsienio juridinis asmuo ar kita organizacija arba užsienietis.

2.61 straipsnis. Sandoriai iki juridinio asmens įsteigimo 1. Tam tikras juridinio asmens valdymo organas ar kitas steigimo dokumente nustatytas

organas gali patvirtinti sandorius, kuriuos juridinio asmens vardu ir dėl jo interesų sudarė kiti asmenys iki juridinio asmens įsteigimo. Sudarant tokį sandorį turi būti nurodoma, kad jis sudaromas steigiamo juridinio asmens vardu ir dėl jo interesų. Jei tokia nuoroda nepateikiama, tai sandorį sudaręs asmuo ir juridinis asmuo, kurio valdymo organas ar kitas steigimo dokumente nustatytas organas patvirtino dėl jo interesų sudarytą sandorį, turi solidarią pareigą įvykdyti prievoles.

2. Jeigu tokio sandorio vėliau įsteigto juridinio asmens organas nepatvirtina, visos pagal sandorį atsiradusios prievolės tenka sandorį sudariusiam asmeniui. Jeigu tokį sandorį sudarė keli asmenys, tai juridiniam asmeniui jo nepatvirtinus visi asmenys pagal atsiradusias prievoles atsako solidariai. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

2.62 straipsnis. Juridinių asmenų registras 1. Juridinis asmuo turi būti įregistruotas juridinių asmenų registre.

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2. Juridinių asmenų registre įrašomi juridiniai asmenys ir kaupiami duomenys bei dokumentai apie juos. Juridinių asmenų registras yra pagrindinis valstybės registras.

3. Juridiniai asmenys privalo juridinių asmenų registre nurodyti apie save ir savo veiklą visus įstatymų reikalaujamus duomenis (atskleidimo principas).

4. Vadovaujančiąją juridinių asmenų registro tvarkymo įstaigą ir registro tvarkymo įstaigą (registro tvarkytoją) nustato įstatymas. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.63 straipsnis. Juridinio asmens įsteigimo momentas 1. Juridinis asmuo laikomas įsteigtu nuo jo įregistravimo juridinių asmenų registre. 2. Įstatymas ar įstatymų numatytais atvejais kitas teisės aktas, kuriuo yra įsteigtas viešasis

juridinis asmuo, gali nustatyti, kad juridinis asmuo laikomas įsteigtu nuo teisės akto dėl jo įsteigimo įsigaliojimo. Tokiu atveju tame teisės akte turi būti pateikti šio kodekso 2.66 straipsnyje nurodyti duomenys, o toks teisės aktas privalo būti viešai paskelbtas bei perduotas juridinių asmenų registrui.

2.64 straipsnis. Juridinių asmenų registravimas 1. Juridinis asmuo registruojamas juridinių asmenų registre, kai pateikiami šio straipsnio 2

dalyje nurodyti dokumentai, jei šio kodekso normos ar šio kodekso numatytais atvejais kiti įstatymai nenustato kitaip.

2. Juridiniam asmeniui įregistruoti juridinių asmenų registre turi būti pateikti šie dokumentai:

1) nustatytos formos prašymas įregistruoti juridinį asmenį; 2) juridinio asmens steigimo dokumentai; 3) licencija, jei pagal įstatymus licencija turi būti išduota iki juridinio asmens įsteigimo; 4) dokumentai, patvirtinantys registrui pateikiamų duomenų tikrumą ir steigimo

dokumentų atitikimą įstatymų reikalavimams, taip pat dokumentai, patvirtinantys, kad juridinį asmenį registruoti galima, nes įstatymuose ar steigimo sandoryje nustatytos prievolės yra įvykdytos ir atsirado įstatymuose ar steigimo dokumentuose numatytos aplinkybės. Šiuos dokumentus surašo ar tvirtina notaras, išskyrus juridinių asmenų registro nuostatų numatytais atvejais;

5) (neteko galios nuo 2010 m. sausio 1 d.); 6) kiti įstatymų nustatyti dokumentai. 3. Juridinis asmuo turi būti įregistruojamas per tris darbo dienas nuo visų šio straipsnio 2

dalyje išvardytų dokumentų pateikimo ir atlyginimo už registravimą sumokėjimo. 4. Juridinių asmenų registravimo tvarką nustato juridinių asmenų registro nuostatai. Juos

tvirtina Vyriausybė. 5. Už juridinių asmenų, jų filialų ir atstovybių registravimą, jų duomenų, informacijos ir

steigimo dokumentų pakeitimo įregistravimą mokamas atlyginimas. Atlyginimo dydį nustato Vyriausybė.

6. Juridinis asmuo gali būti išregistruotas iš juridinių asmenų registro tik tuo atveju, kai juridinis asmuo pasibaigia. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.65 straipsnis. Juridinio asmens kodas Juridinį asmenį įregistravęs registro tvarkytojas juridiniam asmeniui suteikia juridinio

asmens kodą ir išduoda juridinių asmenų registro išrašą. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.66 straipsnis. Juridinių asmenų registro duomenys 1. Juridinių asmenų registre turi būti nurodyti: 1) juridinio asmens pavadinimas; 2) juridinio asmens teisinė forma;

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3) juridinio asmens kodas; 4) juridinio asmens buveinė (adresas); 5) juridinio asmens organai; 6) juridinio asmens valdymo organų nariai (vardas, pavardė, asmens kodas, gyvenamoji

vieta); 7) juridinio asmens valdymo organų nariai ir juridinio asmens dalyviai, turintys teisę

juridinio asmens vardu sudaryti sandorius, jų teisių ribos; 8) juridinio asmens filialai ir atstovybės (pavadinimai, kodai, buveinės, filialų ir atstovybių

valdymo organų nariai); 9) juridinio asmens veiklos apribojimai; 10) juridinio asmens teisinis statusas; 11) juridinio asmens pasibaigimas; 12) juridinio asmens registro duomenų ir dokumentų keitimo datos; 13) juridinio asmens finansiniai metai; 14) kiti įstatymų numatyti duomenys. 2. Registruojant juridinius asmenis, kurių dalyviai atsako pagal juridinio asmens prievoles,

papildomai turi būti nurodomi juridinio asmens dalyvio fizinio asmens vardas, pavardė, asmens kodas, gyvenamoji vieta arba juridinio asmens pavadinimas, teisinė forma, kodas, buveinė.

3. Kai pasikeičia šio straipsnio 1 ir 2 dalyse nurodyti duomenys, taip pat kai pakeičiami steigimo dokumentai ar kiti šio straipsnio 1 ir 2 dalyse nurodyti duomenys, juridinis asmuo privalo pateikti nustatytos formos prašymą įregistruoti pakeitimus juridinių asmenų registre per trisdešimt dienų nuo pakeitimų padarymo dienos. Kartu su prašymu įregistruoti pakeitimą turi būti pateikti dokumentai, nurodyti šio kodekso 2.64 straipsnio 2 dalies 4 punkte ir visas pakeisto dokumento tekstas, jei dokumentas keičiamas.

4. Juridinių asmenų registrui pateikiamas įmonės metinių finansinių ataskaitų rinkinys (konsoliduotųjų finansinių ataskaitų rinkinys) ir metinis pranešimas (konsoliduotasis metinis pranešimas) kiekvienais metais per trisdešimt dienų nuo jų patvirtinimo momento, jei įstatymai nenumato kitaip.

5. Šio straipsnio 1 dalies 1–7 ir 11 punktuose išvardytų duomenų, taip pat steigimo dokumentų pakeitimai įsigalioja tik nuo jų įregistravimo juridinių asmenų registre, išskyrus įstatymų numatytas išimtis. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.67 straipsnis. Asmenys, atsakingi už juridinio asmens dokumentų ir registro duomenų pateikimą registro tvarkytojui

Už juridinio asmens dokumentų, duomenų bei kitos juridinių asmenų registrui teiktinos informacijos pateikimą laiku juridinių asmenų registrui atsako juridinio asmens valdymo organas, jei įstatymuose ar steigimo dokumentuose nenurodyta kitaip.

2.68 straipsnis. Atsisakymas registruoti 1. Registro tvarkytojas gali atsisakyti įregistruoti juridinį asmenį, taip pat registruoti

juridinio asmens dokumentų ir duomenų pakeitimus tik tuo atveju, jeigu: 1) pateiktas prašymas įregistruoti juridinį asmenį (registre registruotinų duomenų ir

dokumentų pakeitimus, išbraukti duomenis) neatitinka nustatytos formos arba pateikti ne visi dokumentai, nurodyti šio kodekso 2.63 ir 2.64 straipsniuose;

2) praleisti šio kodekso 2.46 straipsnio 4 dalyje nurodyti terminai; 3) pateikti registrui duomenys ir dokumentai neatitinka vieni kitų, yra neaiškūs arba

klaidinantys; 4) dokumentų forma ar turinys prieštarauja įstatymams. 2. Jeigu yra kliūčių įregistruoti pateiktus registrui dokumentus ar duomenis, registro

tvarkytojas skiria terminą trūkumus pašalinti. Jei per nustatytą terminą trūkumai nepašalinami ar registro tvarkytojui nepateikiami pataisyti dokumentai, juridinių asmenų registro tvarkytojas motyvuotu sprendimu atsisako registruoti juridinį asmenį (duomenų ar dokumentų pakeitimus).

3. Sprendimas atsisakyti registruoti juridinį asmenį (registre registruotinų duomenų ar dokumentų pakeitimus) skundžiamas teismui įstatymų nustatyta tvarka.

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2.69 straipsnis. Klaidų juridinių asmenų registre taisymas 1. Klaidos juridinių asmenų registre taisomos juridinio asmens arba asmens, kurio

duomenys įrašyti į registrą, prašymu, taip pat registro tvarkytojo iniciatyva. 2. Pastebėjęs klaidą registre, registro tvarkytojas apie tai turi nedelsdamas raštu pranešti

juridiniam asmeniui. Jeigu per registro tvarkytojo nustatytą terminą juridinis asmuo nepareiškia prieštaravimų, kad klaida būtų ištaisyta, registro tvarkytojas ištaiso registro duomenis.

3. Kai pats juridinis asmuo, kurio duomenys įregistruoti registre, prašo ištaisyti klaidą registre, registro tvarkytojas per tris darbo dienas nuo prašymo ir jame nurodytus faktus patvirtinančių dokumentų gavimo dienos turi ištaisyti registro duomenis.

4. Jeigu galima, apie registre ištaisytą klaidą registro tvarkytojas turi pranešti asmenims, kuriems buvo perduoti klaidingi duomenys.

2.70 straipsnis. Juridinio asmens likvidavimas juridinių asmenų registro tvarkytojo iniciatyva

1. Jeigu registre įregistruotas juridinis asmuo per penkerius metus neatnaujino savo duomenų juridinių asmenų registre ir yra pagrindas manyti, kad šis juridinis asmuo jokios veiklos nevykdo, arba įmonė nepateikė finansinės atskaitomybės dokumentų, kaip numatyta šio kodekso 2.66 straipsnio 4 dalyje, ilgiau nei dvidešimt keturis mėnesius ir juridinio asmens registro tvarkytojui nepranešė apie nepateikimo priežastis, arba valdymo organai negali priimti nutarimų, kadangi nėra kvorumo dėl valdymo organo narių atsistatydinimo ir tai trunka ilgiau nei šešis mėnesius, arba jeigu juridinio asmens valdymo organų narių ilgiau nei šešis mėnesius negalima surasti juridinio asmens buveinėje ir jų adresais, nurodytais juridinių asmenų registre, tai registro tvarkytojas turi teisę inicijuoti juridinio asmens likvidavimą.

2. Juridinių asmenų registro tvarkytojas turi išsiųsti pranešimą apie numatomą juridinio asmens likvidavimą į juridinio asmens buveinę ir juridinių asmenų registre nurodytais valdymo organo narių adresais bei šį pranešimą paskelbti juridinių asmenų registro nuostatuose nustatytame šaltinyje.

3. Jeigu per tris mėnesius nuo pranešimo apie numatomą juridinio asmens likvidavimą paskelbimo juridinių asmenų registro tvarkytojas negauna prieštaravimo dėl juridinio asmens likvidavimo, jis kreipiasi į teismą dėl juridinio asmens likvidavimo.

4. Registro tvarkytojo prašymai dėl juridinio asmens likvidavimo nagrinėjami Civilinio proceso kodekso XXXIX skyriuje nustatyta tvarka. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.71 straipsnis. Juridinių asmenų registro viešumas 1. Juridinių asmenų registro duomenys, registre kaupiami dokumentai ir bet kokia kita

registrui pateikta informacija yra vieša. 2. Kiekvienam juridiniam asmeniui suformuojama atskira byla. Joje kaupiami ir saugomi

registrui pateikti dokumentai, jų kopijos, duomenys bei kita informacija, susijusi su tuo juridiniu asmeniu.

3. Registro teikiami rašytinės formos registro duomenų ir informacijos išrašai turi turėti žymą „išrašas tikras“, o dokumentų kopijos – žymą „kopija tikra“, išskyrus atvejus, kai tokios žymos asmuo, kuris kreipiasi, nereikalauja. Registro teikiami elektroninės formos registro duomenų ir informacijos išrašai ir dokumentų kopijos netvirtinamos žymomis „išrašas tikras“ („kopija tikra“), išskyrus atvejus, kai tokios žymos asmuo, kuris kreipiasi, reikalauja. Juridinių asmenų registro tvarkytojo išduodami registro duomenų ir informacijos išrašai, dokumentų kopijos turi prima facie galią.

4. Kiekvienas asmuo juridinių asmenų registro nuostatų nustatyta tvarka turi teisę nedelsiant nemokamai gauti informaciją žodžiu apie juridinio asmens teisinį statusą ir veiklos apribojimus. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.72 straipsnis. Juridinių asmenų registro duomenų paskelbimo būdai ir tvarka

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1. Registro tvarkytojas apie juridinio asmens įregistravimą, registro duomenų pakeitimą turi paskelbti juridinių asmenų registro nuostatų nustatyta tvarka ir šių nuostatų nustatytame šaltinyje.

2. Juridinių asmenų registro duomenys ir registre saugomų dokumentų kopijos teikiami juridinių asmenų registro nuostatų nustatyta tvarka.

3. Kiekvienas asmuo už užmokestį, neviršijantį tokio darbo sąnaudų, turi teisę gauti bet kokius registro duomenis, registre saugomų dokumentų ar informacijos kopijas.

4. Juridinių asmenų registro duomenys neatlygintinai teikiami: 1) fiziniams asmenims, kurių duomenys įrašyti registre, – registre kaupiami duomenys

apie šiuos asmenis; 2) teisėtvarkos institucijoms, teismams ir mokesčių administravimo institucijoms – kiek jų

reikia tiesioginėms funkcijoms atlikti; 3) kitiems valstybės registrams ir informacinėms sistemoms – pagal duomenų teikimo

sutartis. 5. Užmokestis už juridinių asmenų duomenų bei dokumentų kopijų teikimą neturi viršyti

registro administravimo išlaidų. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30) Nr. XI-485, 2009-11-12, Žin., 2009, Nr. 141-6205 (2009-11-28) Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.73 straipsnis. Atsakomybė už neteisėtą atsisakymą įregistruoti juridinį asmenį bei už klaidas juridinių asmenų registre

1. Kai neteisėtai atsisakoma įregistruoti juridinį asmenį ir registruoti registrui pateikiamus duomenis ar registre registruojamus dokumentus, juridinis asmuo turi teisę reikalauti atlyginti visus jam tokiais veiksmais padarytus nuostolius.

2. Šio straipsnio 1 dalyje nurodytais veiksmais juridiniam asmeniui padarytus nuostolius, taip pat nuostolius kitiems asmenims, padarytus tvarkant juridinių asmenų registrą, atlygina valstybė. Žala išieškoma teismo tvarka. Valstybei civilinėse bylose dėl žalos atlyginimo atstovauja Vyriausybės įgaliota institucija.

VI SKYRIUS JURIDINIŲ ASMENŲ TEISNUMAS

2.74 straipsnis. Juridinių asmenų teisnumas 1. Privatieji juridiniai asmenys gali turėti ir įgyti bet kokias civilines teises ir pareigas,

išskyrus tas, kurioms atsirasti reikalingos tokios fizinio asmens savybės kaip lytis, amžius bei giminystė.

2. Viešieji juridiniai asmenys turi specialųjį teisnumą, t. y. jie gali turėti ir įgyti tik tokias civilines teises ir pareigas, kurios neprieštarauja jų steigimo dokumentams ir veiklos tikslams.

3. Juridiniams asmenims mutatis mutandis taikoma šio kodekso 2.4 straipsnio 3 dalis.

2.75 straipsnis. Juridinių asmenų teisnumo apribojimai 1. Juridinių asmenų teisnumas negali būti apribotas kitaip, kaip tik įstatymų nustatytais

pagrindais ir tvarka. 2. Apriboti pavienio juridinio asmens teisnumą galima tik teismo sprendimu.

2.76 straipsnis. Diskriminacijos draudimas Draudžiama teisės aktuose diskriminacijos tikslais nustatyti skirtingas teises, pareigas ar

privilegijas pavieniams juridiniams asmenims.

2.77 straipsnis. Juridinių asmenų veiklos licencijavimas 1. Įstatymų nustatytais atvejais juridiniai asmenys gali imtis tam tikros rūšies veiklos tik

gavę įstatymų nustatyta tvarka išduotą licenciją. 2. Juridinis asmuo privalo turėti visas licencijas (leidimus), kurios įstatymuose numatytos

kaip būtinos jo veiklos sąlygos.

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2.78 straipsnis. Licencijavimo taisyklės 1. Kiekvienai įstatymų nustatytai licencijuojamai veiklos rūšiai Vyriausybė tvirtina

licencijavimo taisykles, jeigu kiti įstatymai nenustato ko kita. 2. Licencijavimo taisyklėse nurodoma: 1) licencijuojama veikla; 2) licenciją išduodanti institucija ir jos įgaliojimai; 3) licencijai gauti reikalingi dokumentai; 4) pateiktų dokumentų nagrinėjimo tvarka ir terminai; 5) licencijų rūšys ir jų išdavimo sąlygos, pakartotinis licencijos išdavimas; 6) licencijos formos; 7) išduodamų licencijų registravimo tvarka; 8) atsisakymo išduoti licencijas atvejai; 9) licencijuojamos veiklos sąlygos, įskaitant licencijos turėtojų teises ir pareigas; 10) licencijos sąlygų laikymosi priežiūros tvarka; 11) licencijos galiojimo sustabdymo bei panaikinimo atvejai ir tvarka. 3. Licencijavimo taisyklėse gali būti nurodyti ir kiti reikalavimai bei sąlygos.

2.79 straipsnis. Licencijos išdavimas 1. Licencija išduodama neterminuotam laikui, jei yra įvykdytos licencijavimo taisyklėse

nustatytos sąlygos. 2. Licencija verstis tam tikra veikla arba rašytinis motyvuotas atsisakymas išduoti licenciją

turi būti pateiktas pareiškėjui per trisdešimt dienų nuo dokumentų, reikalingų licencijai išduoti, gavimo dienos, jeigu įstatymai nenustato ko kita.

3. Atsisakymas išduoti licenciją negali būti grindžiamas veiklos netikslingumu ir turi būti motyvuotas.

4. Informacija apie licencijos išdavimą, jos galiojimo sustabdymą ir panaikinimą kaupiama juridinių asmenų registre. Licencijas išduodanti institucija privalo apie licencijų išdavimą, galiojimo sustabdymą ar panaikinimą pranešti juridinių asmenų registrui juridinių asmenų registro nuostatų nustatyta tvarka.

5. Gavęs licenciją juridinis asmuo privalo licencijuojamos veiklos priežiūros institucijai teikti ir leisti tikrinti licencijavimo taisyklėse nurodytą informaciją, susijusią su licencijuojama veikla ar licencijos išdavimą lemiančiomis sąlygomis.

6. Valstybės rinkliava už licencijos išdavimą neturi viršyti licencijos išdavimo ir priežiūros sąnaudų. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

2.80 straipsnis. Administracinių metodų draudimas 1. Draudžiama valstybės ar vietos savivaldos institucijoms įstatymuose nenumatytais

administraciniais metodais reglamentuoti juridinių asmenų veiklą. 2. Jei įstatymų nustatyta tvarka paskelbiama nepaprastoji ar karo padėtis ar tam tikra

teritorija nelaimės rajonu, juridiniai asmenys privalo vykdyti Vyriausybės ar atitinkamos vietos savivaldos institucijos nurodymus.

VII SKYRIUS JURIDINIO ASMENS ORGANAI

2.81 straipsnis. Juridinio asmens organai 1. Juridiniai asmenys įgyja civilines teises, prisiima civilines pareigas ir jas įgyvendina per

savo organus, kurie sudaromi ir veikia pagal įstatymus ir juridinių asmenų steigimo dokumentus. 2. Įstatymų ar steigimo dokumentų nustatytais atvejais juridinis asmuo gali įgyti civilines

teises ir pareigas per savo dalyvius. 3. Juridinio asmens dalyviai turi teisę kreiptis į teismą su ieškiniu, prašydami uždrausti

juridinio asmens valdymo organams ateityje sudaryti sandorius, prieštaraujančius juridinio asmens veiklos tikslams ar peržengiančius juridinio asmens valdymo organo kompetenciją.

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4. Juridinio asmens valdymo organų nariais gali būti tik fiziniai asmenys, o kitų organų nariais – ir fiziniai, ir juridiniai asmenys.

2.82 straipsnis. Juridinių asmenų organų kompetencija ir funkcijos 1. Juridinių asmenų organų kompetenciją ir funkcijas nustato atitinkamos teisinės formos

juridinius asmenis reglamentuojantys įstatymai ir juridinio asmens steigimo dokumentai. 2. Kiekvienas juridinis asmuo turi turėti vienasmenį ar kolegialų valdymo organą ir

dalyvių susirinkimą, jeigu steigimo dokumentuose ir juridinių asmenų veiklą reglamentuojančiuose įstatymuose nenumatyta kitokia organų struktūra. Atskiras juridinių asmenų teisines formas reglamentuojantys įstatymai gali nustatyti, kad valdymo organas ir dalyvių susirinkimas gali būti vienu juridinio asmens organu.

3. Valdymo organas atsako už juridinio asmens dalyvių susirinkimo sušaukimą, pranešimą juridinio asmens dalyviams apie esminius įvykius, turinčius reikšmės juridinio asmens veiklai, juridinio asmens veiklos organizavimą, juridinio asmens dalyvių apskaitą, veiksmus, nurodytus šio kodekso 2.4 straipsnio 3 dalyje, jei kitaip nenumatyta atskirų juridinių asmenų veiklą reglamentuojančiuose įstatymuose.

4. Juridinių asmenų organų sprendimai gali būti teismo tvarka pripažinti negaliojančiais, jeigu jie prieštarauja imperatyviosioms įstatymų normoms, juridinio asmens steigimo dokumentams arba protingumo ar sąžiningumo principams. Ieškinį gali pareikšti juridinio asmens kreditoriai – jeigu sprendimas pažeidžia jų teises ar interesus, atitinkamas juridinio asmens valdymo organas, juridinio asmens dalyvis arba kiti įstatymuose numatyti asmenys. Tokiems ieškiniams nustatomas trijų mėnesių ieškinio senaties terminas. Jis pradedamas skaičiuoti nuo tos dienos, kurią ieškovas sužinojo arba turėjo sužinoti apie ginčijamą sprendimą, jeigu šis kodeksas ir kiti įstatymai nenustato kitokio ieškinio senaties termino ir kitokios sprendimo nuginčijimo tvarkos. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.83 straipsnis. Sandoriai, sudaryti pažeidžiant privačiojo juridinio asmens valdymo organų kompetenciją

1. Sandoriai, kuriuos sudarė privačiojo juridinio asmens valdymo organai pažeisdami savo kompetenciją, sukelia prievoles juridiniam asmeniui, išskyrus atvejus, kai įrodoma, jog sudarydamas sandorį trečiasis asmuo žinojo, jog sandorį sudarė šios teisės neturintis juridinio asmens valdymo organas, ar dėl aplinkybių susiklostymo negalėjo to nežinoti.

2. Šio straipsnio 1 dalis netaikoma, jeigu yra nustatytas kiekybinis atstovavimas, t. y. juridinio asmens vardu gali veikti tik keli valdymo organo nariai kartu ar valdymo organo narys ir atstovas kartu, ar valdymo organo narys ir kito organo narys kartu, ar valdymo organo narys ir dalyvis kartu. Kiekybinis atstovavimas turi būti numatytas juridinio asmens steigimo dokumentuose, nurodytas juridinių asmenų registre ir paskelbtas juridinių asmenų registro nuostatų nustatyta tvarka.

3. Asmuo, sudaręs sandorį šio straipsnio 1 dalyje numatytomis aplinkybėmis, yra subsidiariai atsakingas, jei trečiojo asmens reikalavimo juridinis asmuo iki galo nepatenkina.

2.84 straipsnis. Sandoriai, sudaryti pažeidžiant viešojo juridinio asmens valdymo organų kompetenciją

1. Sandoriai, kuriuos sudarė viešojo juridinio asmens valdymo organai, pažeisdami savo kompetenciją, nesukelia prievolių juridiniam asmeniui.

2. Jeigu juridinis asmuo vėliau pritaria sandoriui, sandoris pradeda galioti nuo jo sudarymo.

3. Asmuo, šio straipsnio 1 dalyje numatytomis aplinkybėmis sudaręs sandorį, kuriam juridinis asmuo nepritaria, privalo atlyginti trečiajam asmeniui nuostolius, jeigu neįrodo, jog trečiasis asmuo, sudarydamas sandorį, žinojo ar dėl aplinkybių susiklostymo negalėjo nežinoti, jog sandoris sudaromas pažeidžiant juridinio asmens valdymo organo kompetenciją.

2.85 straipsnis. Kompetencijos paskelbimas

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Juridinių asmenų valdymo organų kompetencijos, numatytos steigimo dokumentuose, nurodymas juridinių asmenų registre ir viešas paskelbimas neturi įtakos šio kodekso 2.83 ir 2.84 straipsnių nuostatų taikymui.

2.86 straipsnis. Juridinio asmens valdymo organų narių lygiateisiškumas Juridinio asmens valdymo organo nariai turi vienodas teises ir pareigas, išskyrus šio

kodekso 2.93 straipsnio 2 dalyje nurodytą atvejį.

2.87 straipsnis. Juridinio asmens organų narių pareigos 1. Juridinio asmens valdymo organo narys juridinio asmens ir kitų juridinio asmens organų

narių atžvilgiu turi veikti sąžiningai ir protingai. 2. Juridinio asmens valdymo organo narys turi būti lojalus juridiniam asmeniui ir laikytis

konfidencialumo. 3. Juridinio asmens valdymo organo narys privalo vengti situacijos, kai jo asmeniniai

interesai prieštarauja ar gali prieštarauti juridinio asmens interesams. 4. Juridinio asmens valdymo organo narys negali painioti juridinio asmens turto su savo

turtu arba naudoti jį ar informaciją, kurią jis gauna būdamas juridinio asmens organo nariu, asmeninei naudai ar naudai trečiajam asmeniui gauti be juridinio asmens dalyvių sutikimo.

5. Juridinio asmens valdymo organo narys privalo pranešti kitiems juridinio asmens valdymo organo nariams arba juridinio asmens dalyviams apie aplinkybes, nurodytas šio straipsnio 3 dalyje, ir nurodyti jų pobūdį ir, jei įmanoma, vertę. Ši informacija turi būti pateikta raštu arba įrašyta į juridinio asmens organų posėdžio protokolą.

6. Juridinio asmens organo narys gali sudaryti sandorį su juridiniu asmeniu, kurio organo narys jis yra. Apie tokį sandorį jis privalo nedelsdamas pranešti kitiems juridinio asmens organams šio straipsnio 5 dalyje nustatyta tvarka arba juridinio asmens dalyviams, jei juridinio asmens steigimo dokumentai aiškiai nenustato kitos informavimo tvarkos.

7. Juridinio asmens valdymo organo narys, nevykdantis arba netinkamai vykdantis pareigas, nurodytas šiame straipsnyje ar steigimo dokumentuose, privalo padarytą žalą atlyginti juridiniam asmeniui visiškai, jei įstatymai, steigimo dokumentai ar sutartis nenumato kitaip.

2.88 straipsnis. Juridinio asmens dalyvių balsavimo sutartys 1. Juridinio asmens dalyviai gali sudaryti sutartį dėl bendro balsavimo juridinio asmens

dalyvių susirinkime. Balsavimo sutartis negalioja, jeigu įsipareigojama: 1) balsuoti pagal juridinio asmens valdymo organų nurodymus; 2) balsuoti už visus juridinio asmens valdymo organų pateiktus pasiūlymus; 3) balsuoti pagal nurodymus ar balsuojant susilaikyti už tam tikrą atlyginimą. 2. Balsavimo sutartis gali nustatyti, kad balsavimo sutarties šalys išduoda įgaliojimą

trečiajam asmeniui balsuoti juridinio asmens dalyvių susirinkimuose balsavimo sutarties šalių vardu, ir toks įgaliojimas gali būti panaikintas tik balsavimo sutarties numatytais atvejais.

3. Balsavimo sutarties šalys, išdavusios įgaliojimą, kaip nurodyta šio straipsnio 2 dalyje, neturi teisės pačios balsuoti ar išduoti įgaliojimus kitiems asmenims balsuoti juridinio asmens dalyvių susirinkime įgaliojime nurodytais klausimais.

4. Vienai iš balsavimo sutarties šalių pažeidus balsavimo sutartį, teismas turi teisę įpareigoti perskaičiuoti juridinio asmens dalyvių susirinkimo balsavimo rezultatus pagal balsavimo sutartį arba pripažinti juridinio asmens dalyvių susirinkimo sprendimą negaliojančiu, jei balsavimas pažeidžiant sutartį turėjo lemiamos įtakos sprendimo priėmimui ar nepriėmimui.

2.89 straipsnis. Balsavimo teisės perleidimas 1. Juridinio asmens dalyvis gali perleisti teisę balsuoti juridinio asmens dalyvių

susirinkime kitiems asmenims ir nustatyti balsavimo teisės įgyvendinimo tvarką ir būdus. 2. Balsavimo teisės perleidimo sutartis įsigalioja nuo jos ir duomenų apie perleidžiamų

balsų skaičių, perleidimo terminą, balsavimo teisės turėjimo pagrindą, juridinio asmens dalyvį, perleidžiantį balsavimo teisę, ir asmenį, įgaunantį balsavimo teisę, atskleidimo juridiniam asmeniui (tiek, kiek reikalauja juridinio asmens steigimo dokumentai, įstatymai ar nusistovėjusi juridinio asmens praktika).

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3. Juridinis asmuo privalo balsavimo teises perleidžiančiam juridinio asmens dalyviui ir asmeniui, įgaunančiam balsavimo teisę, pranešti ir artimiausiame juridinio asmens dalyvių susirinkime paskelbti apie šio straipsnio 2 dalyje nurodytų dokumentų ir informacijos gavimą. Juridinio asmens pareigos, susijusios su juridinio asmens dalyvių susirinkimo sušaukimu, įgyvendinamos įgijusio balsavimo teises asmens atžvilgiu.

4. Balsavimo teisės perleidimo sutartis negali būti sudaryta ilgesniam nei dešimties metų terminui.

5. Balsavimo teisės perleidimo sutartimi gali būti perleidžiamos ir kitos juridinio asmens dalyvio turimos neturtinės teisės.

2.90 straipsnis. Protokolas 1. Juridinio asmens kolegialaus organo posėdžiai (susirinkimai) turi būti protokoluojami. 2. Protokole turi būti nurodyta: posėdžio (susirinkimo) vieta ir laikas, dalyvių skaičius,

kvorumo buvimas, balsavimo rezultatai, sprendimai. Prie protokolo turi būti pridedamas dalyvių sąrašas ir informacija apie posėdžio (susirinkimo) sušaukimą. Posėdyje (susirinkime) dalyvaujančių asmenų reikalavimu į protokolą turi būti įrašoma jų pareikalauta informacija. Visi pakeitimai, papildymai protokole turi būti aptarti.

3. Protokolai turi būti saugomi ne mažiau kaip dešimt metų ir kiekvieno dalyvio ar kito jo valdymo organo nario, dalyvavusio ar turėjusio teisę dalyvauti posėdyje (susirinkime), reikalavimu turi būti išduodama kopija. Juridinis asmuo iš juridinio asmens dalyvio už protokolo kopijos išdavimą turi teisę gauti užmokestį, neviršijantį tokio darbo sąnaudų.

4. Protokolas nerašomas, jei sprendimą pasirašo visi juridinio asmens organo nariai arba jeigu juridinio asmens organą sudaro vienas asmuo ir šiuo atveju vieno juridinio asmens organo nario sprendimas yra prilyginamas juridinio asmens organo sprendimui.

5. Įstatymai gali numatyti protokolui kitokius ar papildomus reikalavimus, nei numato šio straipsnio 2 dalis.

2.91 straipsnis. Protokolo surašymas ir pasirašymas 1. Protokolą surašo posėdžio (susirinkimo) sekretorius, posėdžio (susirinkimo)

pirmininkas, jei posėdžio (susirinkimo) sekretorius nėra renkamas, arba kolegialus juridinio asmens organo pirmininkas, jei posėdžio (susirinkimo) pirmininkas ir sekretorius nėra renkamas.

2. Protokolą pasirašo jį surašęs asmuo ir posėdžio (susirinkimo) pirmininkas, o jei jis nėra renkamas, – kolegialaus juridinio asmens organo pirmininkas.

3. Protokolas turi būti surašytas ir pasirašytas per steigimo dokumentuose arba įstatymuose nustatytą terminą, tačiau visais atvejais terminas negali būti ilgesnis nei trisdešimt dienų nuo posėdžio (susirinkimo) dienos.

2.92 straipsnis. Pastabos dėl protokolo 1. Dalyvavę posėdyje (susirinkime) asmenys turi teisę pareikšti pastabų dėl protokolo per

tris dienas nuo susipažinimo su juo momento, bet ne ilgiau nei per tris dienas ir steigimo dokumentų protokolui surašyti nustatytą maksimalų terminą.

2. Pastabos dėl protokolo pridedamos prie protokolo ir nurodoma, ar protokolą pasirašę asmenys su jomis sutinka, ar nesutinka.

3. Pastabų dėl protokolo nepareiškimas neriboja teisės ginčyti juridinio asmens organo nutarimus.

2.93 straipsnis. Balsavimas 1. Juridinių asmenų kolegialių organų sprendimai priimami balsuojant. 2. Balsų pasidalijimas po lygiai reiškia, kad tiek pat balsų gauta už, tiek pat prieš. Balsams

pasidalijus po lygiai, lemia kolegialaus organo pirmininko balsas. Jei kolegialaus organo pirmininko nėra ar jis nedalyvauja priimant sprendimą, tai, balsams pasidalijus po lygiai, sprendimas laikomas nepriimtu.

3. Balsavimas gali būti organizuojamas apklausos būdu raštu, jei nė vienas iš kolegialaus organo narių dėl to neprieštarauja.

4. Kai neatidėliotinai būtina, teismas gali skirti juridinio asmens organo narius.

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5. Juridinio asmens organo narys gali balsuoti pats arba už save įgalioti balsuoti kitus asmenis, jeigu kitaip nenumatyta juridinio asmens steigimo dokumentuose.

6. Juridinio asmens kolegialaus organo posėdžio (susirinkimo) pirmininko sprendimas dėl balsavimo rezultatų turi lemiamą reikšmę, išskyrus atvejus, kai balsuojama raštu arba sudaroma balsų skaičiavimo komisija. Tokiu atveju balsavimo komisijos sprendimas yra galutinis. Kai posėdžio pirmininkui arba balsų skaičiavimo komisijai paskelbus balsavimo rezultatus abejojama dėl balsavimo teisėtumo, turi įvykti pakartotinis balsavimas, jeigu to reikalauja dauguma kolegialaus organo narių. Jeigu balsavimas vyko neskaičiuojant konkrečių balsų, turi būti perbalsuota, jeigu bent vienas narys to reikalauja. Perbalsavus pirmasis balsavimo rezultatas netenka galios.

7. Įstatymai ir juridinio asmens steigimo dokumentai gali numatyti kitokią balsavimo tvarką.

8. Šio straipsnio taisyklės netaikomos akcininkų (pajininkų) susirinkimui.

2.94 straipsnis. Sprendimo patvirtinimas Jei sprendimo galiojimui reikalingas kito juridinio asmens organo pritarimas, toks

pritarimas gali būti išduodamas vėliau per protingumo kriterijų atitinkantį laiko tarpą.

VIII SKYRIUS JURIDINIŲ ASMENŲ PABAIGA IR PERTVARKYMAS

2.95 straipsnis. Juridinių asmenų pabaiga 1. Juridiniai asmenys pasibaigia likvidavimo arba reorganizavimo būdu. 2. Reorganizavimas – tai juridinio asmens pabaiga be likvidavimo procedūros. 3. Juridinis asmuo pasibaigia nuo jo išregistravimo iš juridinių asmenų registro.

2.96 straipsnis. Juridinių asmenų reorganizavimas 1. Sprendimą reorganizuoti juridinį asmenį priima juridinio asmens dalyviai arba teismas

įstatymų nustatytais atvejais. 2. Juridinio asmens, prie kurio prijungiamas kitas juridinis asmuo, sprendimą dėl

reorganizavimo prijungimo būdu gali priimti ir juridinio asmens valdymo organai, jei yra šios aplinkybės:

1) juridinių asmenų reorganizavimo sąlygos yra paskelbtos, kaip nustatyta šio kodekso 2.99 straipsnio 2 dalyje, ne vėliau kaip likus trisdešimčiai dienų iki prijungiamo juridinio asmens dalyvių susirinkimo;

2) bet kuris juridinio asmens dalyvis turi teisę susipažinti su šio straipsnio 4 dalyje nurodytais dokumentais;

3) vienas ar keli juridinio asmens dalyviai, turintys ne mažiau kaip 1/20 balsų juridinio asmens dalyvių susirinkime, turi teisę reikalauti, kad būtų sušauktas juridinio asmens dalyvių susirinkimas dėl reorganizavimo prijungimo būdu.

3. Sprendimas dėl juridinio asmens reorganizavimo priimamas kvalifikuota balsų dauguma. Ją nustato steigimo dokumentai ir ji negali būti mažesnė nei 2/3 visų susirinkime dalyvaujančių dalyvių balsų. Sprendimas dėl juridinio asmens reorganizavimo gali būti priimtas tik praėjus trisdešimčiai dienų nuo viešo paskelbimo apie reorganizavimo sąlygų sudarymą, kaip nurodyta šio kodekso 2.101 straipsnio 1 dalyje. Sprendimu dėl juridinio asmens reorganizavimo turi būti patvirtintos reorganizavimo sąlygos ir pakeisti ar priimti nauji steigimo dokumentai.

4. Ne vėliau kaip likus trisdešimčiai dienų iki juridinio asmens dalyvių susirinkimo dėl reorganizavimo juridinio asmens dalyviai turi teisę susipažinti su reorganizavimo sąlygomis, po reorganizavimo tęsiančių veiklą ar naujai kuriamų juridinių asmenų steigimo dokumentais arba jų projektais ir visų reorganizavime dalyvaujančių juridinių asmenų valdymo organų parengtomis ataskaitomis, ekspertų vertinimais bei praėjusių trejų finansinių metų finansinėmis atskaitomybėmis. Jei reorganizavimo sąlygos buvo sudarytos praėjus šešiems mėnesiams po nors vieno dalyvaujančio reorganizavime juridinio asmens finansinių metų pabaigos, pagal tas pačias taisykles kaip ir prieš tai sudaryta finansinė atskaitomybė turi būti sudaroma ir juridinio asmens dalyviams pateikiama tarpinė finansinė atskaitomybė. Ji neturi būti sudaryta anksčiau nei likus

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trims mėnesiams iki reorganizavimo sąlygų sudarymo. Kiekvienas juridinio asmens dalyvis turi teisę gauti visų išvardytų dokumentų kopijas.

5. Juridinių asmenų valdymo organai privalo juridinių asmenų dalyviams pranešti apie visus esminius pasikeitimus, įvykusius po reorganizavimo sąlygų sudarymo ir iki sprendimo dėl reorganizavimo priėmimo, ir šį rašytinį pranešimą pridėti prie šio straipsnio 4 dalyje nurodytų dokumentų bei pranešti žodžiu apie esminius pasikeitimus juridinių asmenų dalyvių susirinkime.

2.97 straipsnis. Juridinių asmenų reorganizavimo būdai 1. Juridiniai asmenys gali būti reorganizuojami jungimo ir skaidymo būdu. 2. Galimi juridinių asmenų jungimo būdai yra prijungimas ir sujungimas. 3. Prijungimas – tai vieno ar daugiau juridinių asmenų prijungimas prie kito juridinio

asmens, kuriam pereina visos reorganizuojamo juridinio asmens teisės ir pareigos. 4. Sujungimas – tai dviejų ar daugiau juridinių asmenų susivienijimas į naują juridinį

asmenį, kuriam pereina visos reorganizuotų juridinių asmenų teisės ir pareigos. 5. Galimi juridinių asmenų skaidymo būdai yra išdalijimas ir padalijimas. 6. Išdalijimas – tai reorganizuojamo juridinio asmens teisių ir pareigų išdalijimas kitiems

veikiantiems juridiniams asmenims. 7. Padalijimas – tai vieno reorganizuojamo juridinio asmens pagrindu įsteigimas dviejų ar

daugiau juridinių asmenų, kuriems tam tikromis dalimis pereina reorganizuoto juridinio asmens teisės ir pareigos.

8. Negalima reorganizuoti likviduojamo juridinio asmens, kuris likviduojamas ne juridinio asmens dalyvių sprendimu, arba kai bent vienam juridinio asmens dalyviui yra perduota dalis likviduojamo juridinio asmens turto.

9. Atskirų juridinių asmenų reorganizavimo ypatumus gali nustatyti įstatymai, reglamentuojantys atskiras juridinių asmenų teisines formas.

2.98 straipsnis. Skirtingos teisinės formos juridinių asmenų reorganizavimas 1. Reorganizavime gali dalyvauti tik tos pačios teisinės formos juridiniai asmenys,

išskyrus įstatymų, reglamentuojančių atskiras juridinių asmenų teisines formas, nustatytas išimtis. 2. Pasibaigus reorganizuojamam juridiniam asmeniui, kurio dalyviai atsako pagal juridinio

asmens prievoles, nepaisant reorganizavimo sąlygų, pasibaigusio reorganizuoto juridinio asmens dalyviai trejus metus yra subsidiariai atsakingi pagal pasibaigusio juridinio asmens prievoles, atsiradusias iki teisių ir pareigų perėjimo tęsiančiam veiklą juridiniam asmeniui. Jeigu juridinio asmens dalyvis netampa po reorganizavimo tęsiančio veiklą juridinio asmens dalyviu tiek reorganizavimo metu, tiek vėliau, jis neatleidžiamas nuo šioje dalyje nurodytos atsakomybės.

2.99 straipsnis. Reorganizavimo sąlygos ir reorganizavimo ataskaita 1. Reorganizavime dalyvaujančių juridinių asmenų valdymo organai privalo parengti

juridinio asmens reorganizavimo sąlygas, kuriose turi būti numatyta: 1) šio kodekso 2.44 straipsnyje nurodyta informacija apie visus reorganizavime

dalyvaujančius juridinius asmenis; 2) reorganizavimo būdas, pasibaigiantys juridiniai asmenys ir tęsiantys veiklą po

reorganizavimo juridiniai asmenys; 3) reorganizuojamo juridinio asmens dalyvio tapimo tęsiančio veiklą po reorganizavimo

juridinio asmens dalyviu tvarka, sąlygos ir terminai bei išmokos juridinio asmens dalyviams; 4) momentas, nuo kurio pasibaigiančio juridinio asmens teisės ir pareigos pereina

tęsiančiam veiklą po reorganizavimo juridiniam asmeniui; 5) juridinio asmens valdymo ir kitiems organams, administracijos darbuotojams ar šio

kodekso 2.100 straipsnyje nurodytiems ekspertams suteikiamos papildomos teisės. 2. Reorganizavimo sąlygos turi būti paskelbtos pagal šio kodekso 2.101 straipsnio 1 dalį ir

pateiktos juridinių asmenų registrui ne vėliau kaip pirmą viešo paskelbimo dieną, taikant šio kodekso 2.66 straipsnio 3 dalį mutatis mutandis.

3. Kiekvieno reorganizavime dalyvaujančio juridinio asmens valdymo organai privalo parengti rašytines ataskaitas, kuriose turi būti nurodyti reorganizavimo tikslai, paaiškintos reorganizavimo sąlygos, juridinio asmens veiklos tęstinumas ir nurodyti reorganizavimo terminai bei ekonominiai pagrindai.

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4. Šio straipsnio 3 dalis taikoma tik tuo atveju, kai reorganizavime dalyvauja akcinė bendrovė ar kiti juridiniai asmenys, kurių dalyviai, turintys ne mažiau kaip 1/20 visų balsų, to pareikalauja.

2.100 straipsnis. Reorganizavimo sąlygų įvertinimas 1. Juridinių asmenų reorganizavimo sąlygas įvertina turintys reikiamą kvalifikaciją

nepriklausomi ekspertai, jeigu tai nustatyta atskirų juridinių asmenų veiklą reglamentuojančiuose įstatymuose.

2. Nepriklausomus ekspertus skiria kiekvienas reorganizavime dalyvaujantis juridinis asmuo. Jei norima paskirti visiems reorganizuojamiems juridiniams asmenims bendrą ekspertą, tokiam ekspertui turi pritarti juridinių asmenų registro tvarkytojas. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.101 straipsnis. Reorganizuojamų juridinių asmenų kreditorių teisių gynimas 1. Apie reorganizavimo sąlygų sudarymą turi būti paskelbta viešai tris kartus ne

mažesniais kaip trisdešimties dienų intervalais arba paskelbta viešai vieną kartą ir pranešta visiems juridinio asmens kreditoriams raštu. Pranešime turi būti nurodyti šio kodekso 2.99 straipsnio 1 dalies 1, 2 ir 4 punktuose išvardyti duomenys ir nurodyta, kur ir nuo kada galima susipažinti su šio kodekso 2.96 straipsnio 4 dalyje išvardytais dokumentais.

2. Reorganizuojamo juridinio asmens kreditorius turi teisę reikalauti nutraukti ar įvykdyti prieš terminą prievolę, taip pat atlyginti nuostolius, jei tai numatyta sandoryje ar yra pagrindas manyti, kad prievolės įvykdymas dėl reorganizavimo pasunkės, ir kreditoriui pareikalavus juridinis asmuo nesuteikė papildomo prievolių įvykdymo užtikrinimo.

3. Reorganizuojamo juridinio asmens kreditoriai turi teisę susipažinti su šio kodekso 2.96 straipsnio 4 dalyje išvardytais dokumentais ir gauti jų kopijas.

2.102 straipsnis. Reorganizavimo negaliojimas 1. Reorganizavimą pripažinti negaliojančiu gali tik teismas ir tik tuo atveju, kai yra šios

aplinkybės: 1) atitinkami reorganizavimo procedūros dokumentai nebuvo paskelbti ar pateikti juridinių

asmenų registrui; 2) juridinių asmenų dalyvių ar kito valdymo organo sprendimai dėl reorganizavimo yra

negaliojantys; 3) neįvykdyti visi įstatymų imperatyviųjų teisės normų nustatyti reorganizavimo

reikalavimai. 2. Reorganizavimo pripažinti negaliojančiu negalima, jei nuo juridinio asmens

pasibaigimo iki kreipimosi į teismą praėjo daugiau nei šeši mėnesiai. 3. Jei įmanoma, teismas privalo suteikti protingą terminą ištaisyti klaidoms, dėl kurių

reorganizavimas pripažintinas negaliojančiu. 4. Teismo sprendimas pripažinti juridinio asmens reorganizavimą negaliojančiu nedaro

negaliojančio tęsiančio veiklą po reorganizavimo ar naujai įkurto juridinio asmens iki atitinkamų duomenų juridinių asmenų registre pakeitimo. Pagal prievoles, kylančias iš tokių juridinių asmenų sandorių, solidariai atsako visi reorganizavime dalyvavę juridiniai asmenys.

2.103 straipsnis. Supaprastintas juridinių asmenų reorganizavimas Jei reorganizuojamas juridinis asmuo prijungiamas prie juridinio asmens, kuris yra

vienintelis reorganizuojamo juridinio asmens dalyvis, arba jei reorganizavime dalyvauja viešieji juridiniai asmenys, šio kodekso 2.99 straipsnio 3 dalis ir 2.100 straipsnis netaikomi.

2.104 straipsnis. Juridinių asmenų pertvarkymas 1. Pertvarkymas – tai juridinio asmens teisinės formos pakeitimas, kai naujos teisinės

formos juridinis asmuo perima visas pertvarkytojo juridinio asmens teises ir pareigas. 2. Jei yra pertvarkomas juridinis asmuo, kurio dalyviai atsako pagal juridinio asmens

prievoles, tai, nepaisant pasirinktos naujos juridinio asmens teisinės formos, pertvarkomo juridinio asmens dalyviai trejus metus yra subsidiariai atsakingi pagal pertvarkomo juridinio asmens

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prievoles, atsiradusias iki naujos teisinės formos juridinio asmens įregistravimo juridinių asmenų registre. Jei naujos teisinės formos juridinio asmens dalyviu netampa pertvarkyto juridinio asmens dalyvis, tiek pertvarkymo metu, tiek vėliau jis neatleidžiamas nuo šioje dalyje nurodytos atsakomybės.

3. Viešasis juridinis asmuo, išskyrus valstybės ir savivaldybės įmones, negali būti pertvarkomas į privatųjį juridinį asmenį.

4. Pertvarkant juridinius asmenis, mutatis mutandis taikomi šio kodekso 2.101 straipsnio 2 dalis, 2.102 straipsnis, 2.107 straipsnio 1 dalis, 2.112 straipsnio 1 ir 2 dalys.

5. Juridinių asmenų pertvarkymo ypatumus gali nustatyti ir atskiras juridinių asmenų teisines formas reglamentuojantys įstatymai. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.105 straipsnis. Juridinių asmenų privalomas pertvarkymas 1. Įstatymai gali numatyti aplinkybes, kuriomis juridinis asmuo privalo pakeisti teisinę

formą. 2. Jei per įstatymų nustatytą terminą, kuris negali būti trumpesnis nei devyni mėnesiai,

juridinio asmens dalyviai nepriima sprendimo pakeisti juridinio asmens teisinę formą, laikoma, kad juridinio asmens teisinė forma yra pakeista ir juridinis asmuo veikia pagal steigimo dokumentus tiek, kiek jie neprieštarauja įstatymams, reglamentuojantiems juridinių asmenų, turinčių teisinę formą, į kurią juridinis asmuo privalėjo persitvarkyti, veiklą.

3. Šio straipsnio 2 dalis netaikoma, jei per įstatymų pertvarkymui nustatytą terminą juridinis asmuo priėmė sprendimą likviduoti juridinį asmenį.

2.106 straipsnis. Juridinių asmenų likvidavimo pagrindai Juridinio asmens likvidavimo pagrindai gali būti tik šie: 1) juridinio asmens dalyvių sprendimas nutraukti juridinio asmens veiklą; 2) teismo ar kreditorių susirinkimo sprendimas likviduoti bankrutavusį juridinį asmenį; 3) teismo priimtas sprendimas likviduoti juridinį asmenį vadovaujantis šio kodekso 2.131

straipsniu; 4) teismo nutartis likviduoti juridinį asmenį šio kodekso 2.70 straipsnyje nurodytais

atvejais; 5) laikotarpio, kuriam buvo įsteigtas juridinis asmuo, pabaiga; 6) juridinio asmens dalyvių skaičiaus sumažėjimas mažiau nei įstatymų leidžiamas

minimumas, jeigu juridinio asmens dalyvis per šešis mėnesius po tokio sumažėjimo nenutaria juridinio asmens reorganizuoti ar pertvarkyti;

7) juridinio asmens steigimo pripažinimas negaliojančiu vadovaujantis šio kodekso 2.114 straipsniu. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.107 straipsnis. Juridinio asmens dalyvių sprendimas dėl likvidavimo 1. Sprendimas dėl juridinio asmens likvidavimo priimamas juridinių asmenų dalyvių

kvalifikuota balsų dauguma. Ją nustato juridinio asmens steigimo dokumentai ir ji negali būti mažesnė nei 2/3 visų susirinkimo dalyvių balsų.

2. Priimtas sprendimas dėl juridinio asmens likvidavimo negali būti atšauktas, jei bent vienas juridinio asmens dalyvis gavo dalį likviduojamo juridinio asmens turto.

2.108 straipsnis. Likvidatoriaus paskyrimas 1. Juridinių asmenų dalyviai, kreditorių susirinkimas, juridinių asmenų registro tvarkytojas

ar teismas, priėmę sprendimą likviduoti juridinį asmenį, privalo paskirti likvidatorių. 2. Juridinio asmens steigimo dokumentai ar įstatymai gali nustatyti kitokias likvidatoriaus

skyrimo taisykles arba nustatyti konkretų likvidatorių. Teismo, kreditorių susirinkimo ar juridinių asmenų registro tvarkytojo šios taisyklės nesaisto.

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3. Likvidatoriumi gali būti turintis reikiamą kvalifikaciją asmuo. Gali būti skiriama keletas likvidatorių. Jei skiriama keletas likvidatorių, yra sudaroma likvidacinė komisija ir vienas iš likvidatorių skiriamas likvidacinės komisijos pirmininku.

4. Jei likvidavimo pagrindas yra šio kodekso 2.106 straipsnio 5 bei 6 punktai ir juridinio asmens dalyvis nepaskiria likvidatoriaus, juridinio asmens valdymo organai ar juridinio asmens dalyviai, turintys ne mažiau kaip 1/20 visų balsų, taip pat juridinių asmenų registro tvarkytojas turi teisę kreiptis į teismą, kad šis paskirtų likvidatorių.

5. Jei likvidavimo pagrindas yra šio kodekso 2.106 straipsnio 3 ar 7 punktai, tai iki to laiko, kol juridinio asmens dalyvis paskirs likvidatorių, likvidatoriaus pareigas atlieka Vyriausybės įgaliota institucija. Ši institucija teismo pritarimu turi teisę pavesti likvidatoriaus pareigas atlikti kitam asmeniui.

2.109 straipsnis. Juridinio asmens likvidatoriaus atšaukimas 1. Juridinio asmens dalyvių paskirtas juridinio asmens likvidatorius gali būti atšauktas

paprasta juridinio asmens dalyvių, dalyvaujančių susirinkime, balsų dauguma. 2. Juridinio asmens dalyviai, kurių balsai sudaro ne mažiau kaip 1/10 visų balsų,

kreditorius, turintis ne mažesnę kaip penkiasdešimt tūkstančių litų vertės reikalavimo teisę, arba ne mažiau kaip 1/5 visų juridinio asmens darbuotojų turi teisę kreiptis į teismą prašydami pakeisti likvidatorių, jei šis veikia netinkamai, taip pat nesąžiningai atsiskaito su kreditoriais, juridinio asmens dalyviais, nesąžiningai atlieka kitas pareigas arba pažeidžia juridinio asmens dalyvių, kreditorių ar juridinio asmens darbuotojų teises.

2.110 straipsnis. Likvidatoriaus kompetencija 1. Juridinio asmens valdymo organai netenka įgaliojimų ir juridinio asmens dalyvių

kompetencija dėl sandorių sudarymo pereina likvidatoriui nuo likvidatoriaus paskyrimo, o šio kodekso 2.108 straipsnio 5 dalyje numatytais atvejais – nuo sprendimo dėl juridinio asmens likvidavimo įsigaliojimo.

2. Likvidatorius turi juridinio asmens valdymo organo teises ir pareigas ir jam mutatis mutandis taikomos šios knygos VII skyriaus nuostatos.

2.111 straipsnis. Likviduojamo juridinio asmens sandoriai Likviduojamas juridinis asmuo gali sudaryti tik tuos sandorius, kurie yra susiję su juridinio

asmens veiklos nutraukimu arba kurie numatyti sprendime likviduoti juridinį asmenį.

2.112 straipsnis. Pranešimas apie likvidavimą 1. Asmuo, priėmęs sprendimą likviduoti juridinį asmenį, juridinių asmenų steigimo

dokumentų nustatyta tvarka turi apie tai paskelbti viešai tris kartus ne mažesniais kaip trisdešimt dienų intervalais arba paskelbti viešai vieną kartą ir pranešti raštu visiems kreditoriams. Pranešime turi būti nurodyti visi šio kodekso 2.44 straipsnio 1 dalyje išvardyti duomenys.

2. Apie likvidavimą taip pat pranešama juridinių asmenų registrui ne vėliau kaip pirmą viešo paskelbimo dieną šio kodekso 2.66 straipsnio 3 dalies nustatyta tvarka.

3. Šis kodeksas ar kiti Lietuvos Respublikos įstatymai gali nustatyti ir kitokias pranešimo apie likvidavimą taisykles. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

2.113 straipsnis. Likviduojamo juridinio asmens kreditorių reikalavimų tenkinimo eilė

1. Likviduojant juridinį asmenį kreditorių reikalavimai tenkinami šia tvarka: 1) pirmiausia tenkinami likviduojamo juridinio asmens turto įkeitimu užtikrinti

reikalavimai – iš įkeisto turto vertės; 2) pirmąja eile tenkinami darbuotojų reikalavimai, susiję su darbo santykiais; reikalavimai

atlyginti žalą dėl suluošinimo ar kitokio sveikatos sužalojimo, susirgimo profesine liga arba žuvus dėl nelaimingo atsitikimo darbe; taip pat fizinių asmenų reikalavimai apmokėti už perdirbti supirktą žemės ūkio produkciją;

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3) antrąja eile tenkinami reikalavimai dėl mokesčių bei kitų įmokų į biudžetą ir dėl privalomojo valstybinio socialinio draudimo ir privalomojo sveikatos draudimo įmokų; dėl užsienio paskolų, kurioms suteikta valstybės arba Vyriausybės garantija;

4) trečiąja eile tenkinami visi likę kreditorių reikalavimai. 2. Kiekvienos paskesnės eilės kreditorių (išieškotojų) reikalavimai tenkinami po to, kai

visiškai patenkinti pirmesnės eilės kreditorių (išieškotojų) reikalavimai. Jeigu neužtenka lėšų visiems vienos eilės reikalavimams visiškai patenkinti, šie reikalavimai tenkinami proporcingai pagal priklausančią kiekvienam kreditoriui (išieškotojui) sumą.

2.114 straipsnis. Juridinio asmens pripažinimas neteisėtai įsteigtu 1. Juridinis asmuo gali būti pripažintas neteisėtai įsteigtu tik teismo ir tik tais atvejais, jei: 1) visi steigėjai buvo neveiksnūs arba nebuvo įstatymų nustatyto steigėjų minimumo; 2) nebuvo sudaryti įstatymuose nustatyti steigimo dokumentai arba buvo pažeistos

įstatymų nustatytos imperatyviosios juridinio asmens steigimo taisyklės; 3) tikrieji juridinio asmens steigimo tikslai neteisėti arba prieštarauja viešajai tvarkai; 4) įstatymų nustatyta tvarka ir terminais nebuvo suformuotas minimalus įstatinis kapitalas; 5) juridinio asmens steigimo dokumentuose nenurodytas jo pavadinimas, tikslai, įstatinio

kapitalo ar dalyvių asmeninių įnašų dydis, jei to reikalauja atskiras juridinių asmenų teisines formas reglamentuojančių įstatymų imperatyviosios normos.

2. Kai teismas pripažįsta juridinio asmens įsteigimą neteisėtu, juridinis asmuo turi būti likviduojamas įstatymų nustatyta tvarka.

3. Jei įmanoma, teismas privalo suteikti protingumo kriterijų atitinkantį laiko tarpą ištaisyti klaidoms, dėl kurių juridinio asmens įsteigimas pripažintinas neteisėtu.

4. Teismas, priimdamas sprendimą dėl juridinio asmens įsteigimo pripažinimo neteisėtu, turi atsižvelgti į juridinio asmens darbuotojų ir jo dalyvių, nedalyvavusių įsteigiant juridinį asmenį, interesus.

5. Ieškinį dėl juridinio asmens įsteigimo pripažinimo neteisėtu gali paduoti juridinio asmens dalyvis ar valdymo organai, taip pat prokuroras, gindamas viešą interesą. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

IX SKYRIUS PRIVERSTINIS AKCIJŲ (DALIŲ, PAJŲ) PARDAVIMAS

2.115 straipsnis. Priverstinio akcijų (dalių, pajų) pardavimo turinys 1. Šio kodekso 2.116 straipsnyje išvardyti juridinio asmens dalyviai turi teisę kreiptis į

teismą reikalaudami, kad juridinio asmens akcijos (dalys, pajai), priklausančios juridinio asmens dalyviui, kurio veiksmai prieštarauja juridinio asmens veiklos tikslams ir kai negalima pagrįstai manyti, kad tie veiksmai ateityje pasikeis, būtų parduotos juridinio asmens dalyviui, kuris kreipiasi.

2. Ieškinio pareiškimas dėl priverstinio akcijų (dalių, pajų) pardavimo paduodamas apygardos teismui pagal juridinio asmens buveinę. Teismas privalo pranešti juridiniam asmeniui, kurio akcijos (dalys, pajai) turėtų būti priverstinai parduodamos, apie ieškinio padavimą ir sprendimus.

3. Šalys dėl šių bylų gali bylinėtis tik privalomai dalyvaujant advokatui. 4. Juridinio asmens dalyvis, padavęs ieškinį dėl priverstinio pardavimo, privalo kreiptis į

kitus juridinio asmens dalyvius siūlydamas būti bendraieškiais.

2.116 straipsnis. Asmenys, turintys teisę kreiptis dėl priverstinio akcijų (dalių, pajų) pardavimo

1. Teisę kreiptis dėl priverstinio akcijų (dalių, pajų) pardavimo turi šie privataus juridinio asmens dalyviai:

1) vienas ar keli uždarosios akcinės bendrovės akcininkai, kurių turimų akcijų nominali vertė ne mažesnė kaip 1/3 įstatinio kapitalo;

2) vienas ar keli ūkinės bendrijos nariai, kurių dalys sudaro ne mažiau kaip 1/3 viso į bendrąją dalinę nuosavybę sujungto turto dalių;

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3) vienas ar keli žemės ūkio bendrovės arba kooperatinės bendrovės nariai, kurių pajus sudaro ne mažiau kaip 1/3 visų pajų.

2. Juridinio asmens dalyvis neturi teisės kreiptis dėl priverstinio akcijų (dalių, pajų) pardavimo esant šio kodekso 2.115 straipsnyje nurodytoms aplinkybėms, jeigu juridinio asmens steigimo dokumentai ar jo dalyvių sudarytos sutartys nustato kitokias priverstinio akcijų (dalių, pajų) pardavimo taisykles ir šios gali būti taikomos.

3. Juridinio asmens dalyvis neturi teisės kreiptis dėl priverstinio akcijų (dalių, pajų) pardavimo, jeigu jį kontroliuoja juridinis asmuo, kurio akcijos (dalys, pajai) turėtų būti priverstinai parduodamos.

4. Juridinio asmens dalyvis neturi teisės kreiptis dėl priverstinio akcijų (dalių, pajų) pardavimo, jeigu jis pats yra juridinis asmuo, kurio akcijos (dalys, pajai) turėtų būti priverstinai perduodamos.

2.117 straipsnis. Akcijų (dalių, pajų) perleidimo ribojimai 1. Nuo teismo sprendimo dėl priverstinio akcijų (dalių, pajų) pardavimo priėmimo dienos

atsakovas be ieškovo sutikimo neturi teisės parduoti ar kitaip perleisti akcijas (dalis, pajus), jas įkeisti ar kitaip suvaržyti teises į jas, taip pat perleisti ar kitaip apriboti akcijų (dalių, pajų) suteikiamas teises, jeigu teismas nenutaria kitaip. Teismas turi teisę leisti atlikti šioje dalyje nurodytus veiksmus, jeigu ieškovas tokiems veiksmams sutikimo neduoda.

2. Nuo teismo sprendimo įsiteisėjimo dienos atsakovas neturi teisės parduoti, išskyrus pagal šį skirsnį, ar kitaip perleisti akcijas (dalis, pajus), jas įkeisti, ar kitaip suvaržyti teises į jas, taip pat perleisti ar kitaip apriboti akcijų (dalių, pajų) suteikiamas teises, jeigu teismas nenutaria kitaip.

3. Jeigu ieškovas reikalauja, sprendimą priėmęs teismas gali uždrausti atsakovui naudotis balsavimo teise be teismo ar ieškovo sutikimo.

4. Šio straipsnio 1 ir 3 dalyse nustatyti draudimai galioja nepaisant teismo sprendimo apskundimo.

2.118 straipsnis. Ekspertų paskyrimas 1. Teismas, patenkinęs ieškinį, turi paskirti ekspertus, kurie nustatytų akcijų (dalių, pajų)

kainą. 2. Ekspertai turi pradėti dirbti tik po to, kai teismo sprendimas įsiteisėja. Ekspertai privalo

pateikti teismui ir šalims rašytinę ataskaitą dėl akcijų (dalių, pajų) kainos. 3. Šio kodekso 2.127–2.130 straipsniai turi būti taikomi mutatis mutandis.

2.119 straipsnis. Kainos nustatymas 1. Kai ekspertai pateikia ataskaitą dėl akcijų (dalių, pajų) kainos, teismas turi priimti

nutartį dėl kainos nustatymo ir nustatyti, kas apmoka ekspertų darbą bei kitas jų išlaidas. Teismas gali nuspręsti, kad tokias išlaidas apmoka juridinis asmuo.

2. Dėl teismo nutarties, nustatančios kainą, gali būti duodamas atskiras skundas.

2.120 straipsnis. Priverstinio pardavimo tvarka 1. Kai įsiteisėja teismo nutartis dėl kainos nustatymo, atsakovas per dvi savaites turi

perduoti ieškovo nuosavybėn akcijas (dalis, pajus), o ieškovas turi priimti akcijas (dalis, pajus) ir sumokėti nustatytą kainą. Kaina turi būti sumokama perduodant ieškovo nuosavybėn akcijas. Perdavimas atliekamas juridinio asmens, kurio akcijos (dalys, pajai) perduodamos, buveinėje arba kitoje ieškovo ir atsakovo sutartoje vietoje.

2. Jeigu atsakovas nevykdo pareigos perduoti akcijas (dalis, pajus), juridinis asmuo turi perduoti akcijas (dalis, pajus) atsakovo vardu ir išduoti ieškovui dokumentus, liudijančius nuosavybės teisę į priverstinai parduodamas akcijas (dalis, pajus), o atitinkamus atsakovo dokumentus pripažinti negaliojančiais ir apie tai viešai paskelbti teisės aktų nustatytame šaltinyje. Ieškovas, gavęs dokumentus, patvirtinančius nuosavybės teisę į akcijas (dalis, pajus), sumoka kainą į notaro, banko ar kitos kredito įstaigos depozitinę sąskaitą.

3. Jeigu ieškovų buvo keletas, priverstinai parduodamos akcijos (dalys, pajai) paskirstomos kiek įmanoma proporcingiau ieškovų turimoms juridinio asmens akcijoms (dalims, pajams).

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2.121 straipsnis. Priverstinio pardavimo tvarka, kai yra pirmenybės teisė 1. Jeigu kiti juridinio asmens dalyviai ar asmenys turi pirmenybės teisę įsigyti priverstinai

parduodamas akcijas (dalis, pajus), juridinis asmuo, gavęs įsiteisėjusią teismo nutartį dėl kainos nustatymo, privalo pasiūlyti akcijas (dalis, pajus) įsigyti tokiems asmenims už teismo nustatytą kainą. Įsiteisėjus teismo sprendimui dėl priverstinio akcijų (dalių, pajų) pardavimo, atsakovas privalo pranešti juridiniam asmeniui apie asmenis, turinčius pirmenybės teisę įsigyti priverstinai parduodamų akcijų (dalių, pajų) pagal ieškovo sudarytas sutartis.

2. Asmenys, gavę iš juridinio asmens pasiūlymą įgyvendinti pirmenybės teisę, privalo per trisdešimt dienų raštu priimti arba atmesti pasiūlymą. Jei asmuo neatsako į aukščiau nurodytą pasiūlymą, laikoma, kad pasiūlymas yra nepriimtas.

3. Pasibaigus trisdešimties dienų terminui, juridinis asmuo privalo pranešti ieškovui ir atsakovui, kiek akcijų (dalių, pajų) yra akceptuota. Gavęs šį pranešimą, atsakovas privalo perduoti akcijas pranešime nurodytiems asmenims, o likusias pagal šio kodekso 2.120 straipsnį – ieškovui. Akcijas (dalis, pajus) perkantys akcininkai privalo atsiskaityti už jas vadovaudamiesi šio kodekso 2.120 straipsniu. Jeigu pirmenybės teisę turintys asmenys laiku neatsiskaito už akcijas (dalis, pajus), akcijos (dalys, pajai) turi būti perduodamos ieškovui.

2.122 straipsnis. Balsavimo teisės perleidimas 1. Šio kodekso 2.116 straipsnyje išvardyti asmenys turi teisę kreiptis į teismą

reikalaudami, kad balsavimo teisė būtų grąžinta akcijų (dalių, pajų) savininkui, jeigu balsavimo teisė yra perleista kitam asmeniui, kurio veiksmai prieštarauja juridinio asmens tikslams, ir negalima pagrįstai manyti, kad veiksmai ateityje pasikeis.

2. Akcijų (dalių, pajų) savininkas įgyja balsavimo teisę nuo teismo sprendimo įsiteisėjimo. 3. Šiuo atveju šio kodekso 2.115 straipsnio 2 ir 3 dalys, 2.116 straipsnis, 2.117 straipsnio 3

dalis taikomi mutatis mutandis.

2.123 straipsnis. Priverstinis akcijų (dalių, pajų) pardavimas dėl negalėjimo tinkamai įgyvendinti teises

1. Jei šio kodekso 2.116 straipsnyje išvardyti juridinio asmens dalyviai negali tinkamai įgyvendinti savo, kaip juridinio asmens dalyvio, teises dėl kito juridinio asmens dalyvio veiksmų ir negalima pagrįstai manyti, kad tokie veiksmai ateityje pasibaigs, jie gali pareikšti teismui ieškinį reikalaudami, kad juridinio asmens dalyvis, dėl kurio veiksmų negalima tinkamai įgyvendinti teisių, nupirktų iš jų akcijas (dalis, pajus). Šiuo atveju šio kodekso 2.115 straipsnio 2 ir 3 dalys ir 2.116–2.121 straipsniai taikomi mutatis mutandis.

2. Juridinio asmens dalyvis, iš kurio reikalaujama, kad jis nupirktų ieškovo akcijas (dalis, pajus), privalo kreiptis į kitus juridinio asmens dalyvius ir siūlyti būti bendraatsakoviais.

X SKYRIUS JURIDINIO ASMENS VEIKLOS TYRIMAS

2.124 straipsnis. Juridinio asmens veiklos tyrimo turinys Šio kodekso 2.125 straipsnyje išvardyti asmenys turi teisę prašyti teismo paskirti

ekspertus, kurie ištirtų, ar juridinis asmuo, juridinio asmens valdymo organai ar jų nariai veikė tinkamai ir, jei nustatoma netinkama veikla, taikyti priemones, nurodytas šio kodekso 2.131 straipsnyje.

2.125 straipsnis. Asmenys, turintys teisę kreiptis dėl veiklos tyrimo 1. Teisę kreiptis dėl juridinio asmens veiklos tyrimo turi šie asmenys: 1) vienas ar keli akcininkai, kurių turimų ar valdomų akcijų nominali vertė yra ne mažesnė

kaip 1/10 įstatinio kapitalo; 2) vienas ar keli ūkinės bendrijos nariai, kurių dalys sudaro ne mažiau kaip 1/10 visų dalių; 3) vienas ar keli žemės ūkio bendrovės ar kooperatinės bendrovės (kooperatyvo) nariai,

kurių pajai sudaro ne mažiau kaip 1/10 visų pajų;

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4) juridinio asmens dalyviai, išskyrus šio kodekso 2.35 ir 2.37 straipsniuose nurodytų juridinių asmenų ir šios dalies 1, 2 ir 3 punktuose nurodytų asmenų dalyvius, turintys ne mažiau kaip 1/5 visų balsų;

5) asmenys, taip pat ir juridinio asmens dalyviai, kuriems pagal steigimo dokumentus ar sudarytus su juridiniais asmenimis sandorius tokia teisė suteikta.

2. Prokuroras, gindamas viešuosius interesus, tarp jų ir kai juridinio asmens, jo valdymo organų ar jų narių veikla prieštarauja visuomenės interesams, taip pat turi teisę kreiptis dėl juridinio asmens veiklos tyrimo.

2.126 straipsnis. Pareiškimo padavimas 1. Pareiškimas dėl veiklos tyrimo paduodamas apygardos teismui pagal juridinio asmens

buveinę. 2. Pareiškimas gali būti paduotas tik tuo atveju, jei prieš tai pareiškėjas kreipėsi į juridinį

asmenį (juridinio asmens valdymo organą, jo narį) reikalaudamas nutraukti netinkamą veiklą ir suteikė protingumo kriterijus atitinkantį laikotarpį aplinkybėms pašalinti. Tokiu kreipimusi nelaikomas prašymas, kuriame nėra konkrečiai įvardyta netinkama veikla ar nesąžiningas pareigų vykdymas ir nenurodomi motyvai, kodėl veikla yra netinkama.

3. Rengiant kreipimąsi ir pareiškimą dėl veiklos tyrimo, būtinas advokato dalyvavimas. Advokato atstovavimas pareiškėjui būtinas teismui nagrinėjant bylą dėl veiklos tyrimo. Šios dalies nuostatos netaikomos, jei dėl veiklos tyrimo kreipiasi prokuroras, gindamas viešą interesą.

4. Teismas, gavęs pareiškimą ir išklausęs šalių paaiškinimus, priima nutartį dėl juridinio asmens veiklos tyrimo, jei yra pagrindas manyti, kad gali būti šio kodekso 2.124 straipsnyje, 2.125 straipsnio 2 ar 3 dalyse nurodytos aplinkybės, arba pareiškimą atmeta.

2.127 straipsnis. Ekspertų paskyrimas 1. Teismas gali paskirti ekspertais bet kuriuos nepriklausomus asmenis, turinčius reikiamą

kvalifikaciją atlikti juridinio asmens veiklos tyrimą ir pateikti rašytinę ataskaitą dėl netinkamos veiklos bei parengti rekomendacijas dėl priemonių, nurodytų šio kodekso 2.131 straipsnyje, taikymo.

2. Prieš skirdamas ekspertus, teismas turi pasiūlyti šalims susitarti dėl konkrečių ekspertų paskyrimo. Šalims susitarus, teismas skiria šalių bendrai pasirinktus ekspertus, jei šie atitinka šio straipsnio 1 dalyje nurodytus kriterijus. Šalims nesusitarus dėl ekspertų paskyrimo, teismas ekspertus skiria savo nuožiūra iš šalių pateikto siūlomų ekspertų sąrašo. Kiekviena šalis turi pateikti sąrašą, kuriame nurodyta ne mažiau kaip dešimt ekspertų, ir turi teisę išbraukti iš kitos šalies sąrašo penkis ekspertus dėl bet kokių priežasčių, o apie likusius pareikšti nuomonę, ar jie atitinka šio straipsnio 1 dalyje nurodytus kriterijus.

3. Ekspertų skaičių nustato teismas, atsižvelgdamas į juridinio asmens veiklos tyrimo mastą.

2.128 straipsnis. Ekspertų teisės 1. Ekspertai turi teisę tikrinti juridinio asmens dokumentus ir apklausti juridinio asmens

dalyvius, organų narius ir darbuotojus, taip pat asmenis, kurie tiriamojo laikotarpio metu buvo juridinio asmens nariai, organų nariai ar darbuotojai.

2. Ekspertų nurodymu juridinis asmuo turi sudaryti galimybę patikrinti juridinio asmens turtą. Teisėjas nutartimi, nepranešęs šalims, gali suteikti ekspertams teisę atlikti šio straipsnio 1 dalyje nurodytus veiksmus ir kitų juridinių asmenų atžvilgiu ir gauti dokumentus bei informaciją iš atitinkamų valstybės institucijų.

3. Jeigu ekspertams kliudoma įgyvendinti teises, teismas gali duoti atitinkamus nurodymus policijai, kad ši užtikrintų ekspertų darbą.

2.129 straipsnis. Ekspertų darbo apmokėjimas 1. Teismo paskirti ekspertai privalo pranešti teismui apie savo atliekamo darbo

apmokėjimą ir išlaidų, susijusių su atliekamu darbu, atlyginimą. Jei teismas su darbo apmokėjimo ir išlaidų atlyginimo sąlygomis bei dydžiu sutinka, tai, nepranešęs šalims, nustato sumą, kuri negali būti mažesnė nei septyniasdešimt procentų ekspertų nurodyto darbo apmokėjimo ir išlaidų dydžio. Šią sumą pareiškėjas turi sumokėti į teismo specialiąją sąskaitą.

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2. Jei pareiškėjas nesumoka teismo nurodytos sumos į teismo specialiąją sąskaitą, teismas pareiškimą palieka nenagrinėtą. Tokiu atveju kitos bylos šalys turi teisę į teismo išlaidų atlyginimą.

3. Jei teismas su ekspertų siūlomu darbo apmokėjimu ir išlaidų atlyginimu nesutinka, išklausęs šalių nuomones, jis skiria naujus ekspertus.

2.130 straipsnis. Ekspertų ataskaitos ir rekomendacijų platinimas 1. Teismas, gavęs ekspertų ataskaitą ir rekomendacijas, privalo apie tai pranešti šalims bei

jų atstovams ir išsiųsti kiekvienai šaliai bei jų atstovams ekspertų ataskaitos ir rekomendacijų kopijas bei sušaukti teismo posėdį ataskaitai ir rekomendacijoms aptarti.

2. Ekspertų ataskaita ir rekomendacijos turi būti išsiųstos atitinkamoms valstybės institucijoms, kurios remdamosi įstatymais atlieka juridinio asmens veiklos priežiūrą.

3. Nenurodyti šiame straipsnyje asmenys gali susipažinti su ekspertų ataskaita ir rekomendacijomis tik teismo leidimu.

2.131 straipsnis. Teismo taikomos priemonės 1. Jeigu ekspertų ataskaitoje nurodyta, kad juridinio asmens (juridinio asmens valdymo

organų ar jų narių) veikla yra netinkama, ir teismas tam pritaria, išklausęs šalių ir šio kodekso 2.130 straipsnyje nurodytų valstybės institucijų nuomones, teismas gali taikyti vieną iš šių priemonių:

1) panaikinti juridinio asmens organų sprendimus; 2) laikinai sustabdyti juridinio asmens valdymo organų narių įgaliojimus ar pašalinti

asmenį iš valdymo organų narių; 3) paskirti laikinus juridinio asmens valdymo organų narius; 4) leisti nevykdyti tam tikrų steigimo dokumentų nuostatų; 5) įpareigoti pakeisti tam tikras steigimo dokumentų nuostatas; 6) laikinai perduoti juridinio asmens organo nario balsavimo teisę kitam asmeniui; 7) įpareigoti juridinį asmenį atlikti tam tikrus veiksmus ar jų neatlikti; 8) likviduoti juridinį asmenį ir paskirti likvidatorių. 2. Teismas, paskyręs valdymo organo narį, gali nustatyti jo atlyginimą. 3. Sprendimas likviduoti juridinį asmenį negali būti priimtas, jeigu tai prieštarautų kitų

juridinio asmens dalyvių ar darbuotojų interesams arba viešam interesui. Sprendimas panaikinti juridinio asmens organų sprendimus negali būti priimtas, jei yra pasibaigęs šio kodekso ar kitų įstatymų nustatytas ieškinio senaties terminas.

4. Apie priimtą sprendimą ir jo įsigaliojimą teismas turi nedelsdamas pranešti juridinių asmenų registrui. Šiuo atveju netaikoma šio kodekso 2.66 straipsnio 5 dalis.

III DALIS ATSTOVAVIMAS

XI SKYRIUS BENDROSIOS NUOSTATOS

2.132 straipsnis. Sandorių sudarymas per atstovus 1. Asmenys turi teisę sudaryti sandorius per atstovus, išskyrus tuos sandorius, kurie dėl

savo pobūdžio gali būti asmenų sudaromi tiktai asmeniškai, ir kitokius įstatymų nurodytus sandorius.

2. Atstovauti galima sandorio, įstatymų, teismo sprendimo ar administracinio akto pagrindu.

3. Atstovai gali būti tiek veiksnūs fiziniai asmenys, tiek ir juridiniai asmenys. 4. Atstovais nelaikomi asmenys, kurie veikia savo vardu, nors ir dėl kito asmens interesų

(prekybos tarpininkai ir kt.).

2.133 straipsnis. Per atstovą sudaryto sandorio pasekmės

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1. Vieno asmens (atstovo) sudarytas sandoris kito asmens (atstovaujamojo) vardu, atskleidžiant atstovavimo faktą ir neviršijant suteiktų teisių, tiesiogiai sukuria, pakeičia ir panaikina atstovaujamojo civilines teises ir pareigas.

2. Atstovo teisės taip pat gali būti suprantamos iš aplinkybių, kuriomis atstovas veikia (pardavėjas mažmeninėje prekyboje, kasininkas ir pan.). Jeigu asmuo savo elgesiu davė rimtą pagrindą tretiesiems asmenims manyti, kad jis paskyrė kitą asmenį savo atstovu, tai tokio asmens atstovaujamojo vardu sudaryti sandoriai yra privalomi atstovaujamajam.

3. Jeigu atstovas, sudarydamas sandorį, nepraneša, kad jis veikia atstovaujamojo vardu ir dėl jo interesų, tai iš sandorio teisės ir pareigos atsiranda atstovaujamajam tik tuo atveju, kai kita sandorio šalis iš sandorio sudarymo aplinkybių turėjo suprasti, kad sandorį sudaro su atstovu, arba kai tai šaliai asmuo, su kuriuo sudaromas sandoris, neturėjo jokios reikšmės.

4. Jeigu per atstovą sudaryto sandorio galiojimas ginčijamas dėl klaidos, apgaulės, smurto ar grasinimo, tai šių faktų egzistavimas ar neegzistavimas nustatomas atsižvelgiant į atstovo valią.

5. Jeigu atstovas sandorį sudarė pagal atstovaujamojo nurodymus, tai atstovaujamasis negali ginčyti tokio sandorio motyvuodamas tuo, kad sudarydamas sandorį atstovas ignoravo tam tikras aplinkybes, jeigu atstovaujamasis apie tas aplinkybes žinojo arba jas ignoravo dėl savo paties neatsargumo.

6. Jeigu sandorį kito asmens vardu sudaro tokios teisės neturintis asmuo, tai sandoris sukelia teisines pasekmes atstovaujamajam tik tuo atveju, kai pastarasis tokį sandorį patvirtina. Kita sandorio šalis tokiu atveju gali raštu prašyti per jos nustatytą terminą, kuris negali būti mažesnis kaip keturiolika dienų, patvirtinti arba nepatvirtinti sandorį. Jeigu per nustatytą terminą neatsakoma, laikoma, kad sandorį patvirtinti atsisakyta. Sandorio patvirtinimas turi atgalinio veikimo galią, t. y. laikoma, kad jis galioja nuo sudarymo.

7. Kita sandorio šalis, sudariusi sutartį su tokios teisės neturinčiu asmeniu, gali sandorio atsisakyti, kol atstovaujamasis sandorio nepatvirtino, išskyrus atvejus, kai sandorio sudarymo metu žinojo ar turėjo žinoti, kad sudaro sandorį su neįgaliotu asmeniu.

8. Pagal sandorį, sudarytą neturint įgaliojimo, kitai sandorio šaliai atsako jį sudaręs asmuo, išskyrus atvejus, kai kita sandorio šalis žinojo ar turėjo žinoti, kad pastarasis neturi teisės sudaryti sandorį.

9. Jeigu atstovas veikė viršydamas savo teises, tačiau tokiu būdu, jog trečiasis asmuo turėjo rimtą pagrindą manyti, kad sudaro sandorį su tokią teisę turinčiu atstovu, sandoris privalomas atstovaujamajam, išskyrus atvejus, kai kita sandorio šalis žinojo ar turėjo žinoti, kad atstovas viršija savo teises.

2.134 straipsnis. Atstovo teisių sudaryti sandorius apribojimas 1. Atstovas atstovaujamojo vardu negali sudaryti sandorių nei su pačiu savimi, nei su tuo

asmeniu, kurio atstovas jis tuo metu yra, taip pat su savo sutuoktiniu bei tėvais, vaikais ir kitais artimaisiais giminaičiais. Tokie sandoriai gali būti pripažinti negaliojančiais atstovaujamojo reikalavimu.

2. Šio straipsnio 1 dalyje numatyti apribojimai netaikomi, jeigu kiti įstatymai numato ką kita, taip pat kai atstovas veikia kaip atstovas pagal įstatymą.

3. Atstovas negali atstovaujamojo vardu sudaryti tokio sandorio, kurio sudaryti neturi teisės pats atstovaujamasis.

2.135 straipsnis. Interesų konfliktas 1. Jeigu atstovas, pažeisdamas suteiktas teises, sudaro atstovaujamojo interesams

prieštaraujantį sandorį, toks sandoris atstovaujamojo reikalavimu gali būti pripažintas negaliojančiu, jeigu trečiasis asmuo apie tokį interesų konfliktą žinojo ar turėjo žinoti.

2. Asmuo tuo pat metu negali būti abiejų sandorio šalių atstovu. Tačiau ši nuostata netaikoma vykdant prievoles, taip pat kai abi sandorio šalys aiškiai išreiškia savo valią, kad atstovas veiktų dėl jų abiejų interesų.

2.136 straipsnis. Sandorio, sudaryto kito asmens vardu neturint teisės arba viršijant suteiktas teises, pasekmės

1. Sandoris, kurį kito asmens vardu sudaro neturintis teisės sudaryti sandorį asmuo arba asmuo, viršydamas suteiktas teises, sukuria, pakeičia ir panaikina teises bei pareigas

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atstovaujamajam tik tuo atveju, kai atstovaujamasis po to pritaria visam šiam sandoriui arba viršijančiai teises jo daliai (šio kodekso 2.133 straipsnio 6 dalis).

2. Paskesnis atstovaujamojo pritarimas sandorį padaro galiojantį nuo jo sudarymo. 3. Atstovas, sudaręs sandorį šio straipsnio 1 dalyje nurodytomis aplinkybėmis, kai

atstovaujamasis nepritaria šiam sandoriui, privalo atlyginti trečiojo asmens patirtus nuostolius, jeigu trečiasis asmuo apie tas aplinkybes nežinojo ir neturėjo žinoti.

2.137 straipsnis. Įgaliojimas 1. Įgaliojimu laikomas rašytinis dokumentas, asmens (įgaliotojo) duodamas kitam

asmeniui (įgaliotiniui) atstovauti įgaliotojui nustatant ir palaikant santykius su trečiaisiais asmenimis.

2. Atstovas, kurio teisės įgaliojime nėra apibrėžtos, turi teisę atlikti tik tuos veiksmus, kurių reikia atstovaujamojo turtui ir turtiniams interesams išsaugoti bei turto priežiūrai.

2.138 straipsnis. Įgaliojimo patvirtinimas notarine tvarka 1. Turi būti notaro patvirtinami šie įgaliojimai: 1) įgaliojimas sudaryti sandorius, kuriems būtina notarinė forma; 2) įgaliojimas fizinio asmens vardu atlikti veiksmus, susijusius su juridiniais asmenimis,

išskyrus įstatymų numatytus atvejus, kai leidžiama duoti kitokios formos įgaliojimą; 3) įgaliojimas, kurį fizinis asmuo duoda nekilnojamajam turtui valdyti, juo naudotis ar

disponuoti. 2. Notaro patvirtintiems prilyginami: 1) karių įgaliojimai, patvirtinti karinių dalinių, junginių, karo įstaigų ir mokyklų vadų

(viršininkų); 2) asmenų, esančių laisvės atėmimo vietose, įgaliojimai, patvirtinti laisvės atėmimo vietų

vadovų; 3) asmenų, esančių tolimojo plaukiojimo metu jūrų laivuose, plaukiojančiuose su Lietuvos

valstybės vėliava, patvirtinti tų laivų kapitonų.

2.1381 straipsnis. Notarine tvarka patvirtintų įgaliojimų registras 1. Notarine tvarka patvirtinti įgaliojimai ir šio kodekso 2.138 straipsnio 2 dalyje nurodyti

notaro patvirtintiems prilyginami įgaliojimai turi būti registruojami viešame notarine tvarka patvirtintų įgaliojimų registre. Duomenis notarine tvarka patvirtintų įgaliojimų registrui pateikia įgaliojimus patvirtinę notarai, Lietuvos Respublikos konsuliniai pareigūnai ir šio kodekso 2.138 straipsnio 2 dalyje nurodyti asmenys.

2. Registruojant notarine tvarka patvirtintus įgaliojimus ir šio kodekso 2.138 straipsnio 2 dalyje nurodytus notaro patvirtintiems prilyginamus įgaliojimus, notarine tvarka patvirtintų įgaliojimų registrui pateikiami duomenys apie įgaliojimą davusį asmenį, įgaliotinį, įgaliojimą patvirtinusį asmenį, įgaliojimo patvirtinimo ir pasibaigimo datas, įgaliojimo turinį ir kiti Notarine tvarka patvirtintų įgaliojimų registro nuostatų nustatyti duomenys.

3. Vadovaujančioji notarine tvarka patvirtintų įgaliojimų registro tvarkymo įstaiga yra Lietuvos Respublikos teisingumo ministerija, šio registro tvarkymo įstaiga – Centrinė hipotekos įstaiga.

4. Notarine tvarka patvirtintų įgaliojimų registro duomenys tvarkomi Notarine tvarka patvirtintų įgaliojimų registro nuostatų nustatyta tvarka. Įstatymas papildytas straipsniu: Nr. XI-1031, 2010-09-23, Žin., 2010, Nr. 126-6456 (2010-10-26)

2.139 straipsnis. Supaprastintas įgaliojimo patvirtinimas Įgaliojimą, kurį fizinis asmuo duoda korespondencijai (konkrečiai –siunčiamiems

pinigams ir siuntiniams) gauti, taip pat darbo užmokesčiui ir kitoms su darbo santykiais susijusioms išmokoms, pensijoms, pašalpoms, stipendijoms gauti, gali patvirtinti organizacija, kurioje fizinis asmuo dirba ar mokosi, daugiabučių namų savininkų bendrijos, kurios name gyvena asmuo, pirmininkas arba esančio tolimajame plaukiojime jūrų laivo kapitonas.

2.140 straipsnis. Juridinio asmens įgaliojimas

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1. Juridinio asmens duodamą įgaliojimą pasirašo jo vadovas ir ant įgaliojimo dedamas to juridinio asmens antspaudas, jeigu jis antspaudą privalo turėti.

2. Papildomus reikalavimus juridinio asmens duodamam įgaliojimui gali nustatyti įstatymai.

3. Pelno siekiančių (komercinių) juridinių asmenų įgaliojimams taikomi šio kodekso 2.176–2.185 straipsniai.

2.141 straipsnis. Įgaliojimu juridiniam asmeniui suteikiamos teisės ir pareigos Juridiniam asmeniui įgaliojimas gali būti duodamas tiktai sudaryti tokius sandorius,

kuriuos jis turi teisę sudaryti pagal savo steigimo dokumentus.

2.142 straipsnis. Įgaliojimo terminas 1. Įgaliojimo terminas gali būti apibrėžtas ir neapibrėžtas. Jeigu terminas įgaliojime

nenurodytas, tai įgaliojimas galioja vienerius metus nuo jo sudarymo dienos. 2. Notaro patvirtintas veiksmams atlikti užsienyje skirtas įgaliojimas, kuriame nenurodytas

galiojimo laikas, galioja, kol jį panaikina įgaliojimą išdavęs asmuo. 3. Įgaliojimas, kuriame nenurodyta sudarymo data, negalioja.

2.143 straipsnis. Teisė reikalauti pateikti įgaliojimą ir jo kopiją Trečiasis asmuo, su kuriuo atstovaujamasis sudaro sandorį, turi teisę reikalauti, kad

atstovas pateiktų savo įgaliojimą ir jo kopiją.

2.144 straipsnis. Pareiga grąžinti įgaliojimą Pasibaigus įgaliojimo terminui ar panaikinus jo galiojimą prieš terminą, atstovas privalo

grąžinti įgaliojimą atstovaujamajam ar jo teisių perėmėjams.

2.145 straipsnis. Perįgaliojimas 1. Įgaliotinis turi pats atlikti tuos veiksmus, kuriuos atlikti jis įgaliotas. Jis gali perįgalioti

juos atlikti kitą asmenį tik tuo atveju, kai jam tokią teisę suteikia gautasis įgaliojimas arba kai jis dėl susidariusių aplinkybių priverstas tai padaryti, kad apsaugotų įgaliotojo interesus. Perįgaliotas asmuo turi tokias pat teises ir pareigas kaip ir atstovas tiek atstovaujamajam, tiek ir tretiesiems asmenims.

2. Įgaliojimo, duodamo perįgaliojant, forma turi atitikti duoto įgaliojimo formą. 3. Perįgaliojant duodamo įgaliojimo terminas negali būti ilgesnis už įgaliojimo, kuriuo

remiantis jis duodamas, terminą. 4. Asmuo, kuris perduoda įgaliojimus kitam asmeniui, turi apie tai pranešti įgaliotojui ir

pateikti jam reikiamus duomenis apie asmenį, kuriam perduodami įgaliojimai. Jeigu įgaliotinis šios pareigos neįvykdo, jis atsako už to asmens, kuriam įgaliojimus perdavė, veiksmus kaip už savo veiksmus. Atstovas neatsako už įgaliotinio veiksmus, jeigu įgaliotinis buvo paskirtas atstovaujamojo nurodymu, išskyrus atvejus, kai atstovas žinojo, kad įgaliotiniu skiriamas asmuo yra nepatikimas ar nesąžiningas, tačiau apie tai nepranešė atstovaujamajam.

2.146 straipsnis. Teisė panaikinti įgaliojimą bei perįgaliojimą ir teisė jų atsisakyti 1. Įgaliotojas turi teisę bet kada panaikinti įgaliojimą, o įgaliotinis – įgaliojimo atsisakyti.

Perįgaliojimą gali bet kada panaikinti tiek įgaliotojas, tiek ir įgaliotinis. Savo ruožtu ir asmuo, kuriam įgaliojimas duotas perįgaliojant, gali bet kada jo atsisakyti.

2. Įstatymai arba šalių sutartis gali nustatyti atvejus, kuriais išduodamas neatšaukiamas įgaliojimas.

2.147 straipsnis. Įgaliojimo pasibaigimas 1. Įgaliojimas pasibaigia: 1) pasibaigus įgaliojimo terminui; 2) įgaliotojui panaikinus įgaliojimą; 3) įgaliotiniui atsisakius įgaliojimo; 4) nustojus egzistuoti juridiniam asmeniui, kuris davė įgaliojimą;

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5) nustojus egzistuoti juridiniam asmeniui, kuriam duotas įgaliojimas, arba jam iškėlus bankroto bylą;

6) mirus davusiam įgaliojimą fiziniam asmeniui ar pripažinus jį neveiksniu arba ribotai veiksniu, arba nežinia kur esančiu;

7) mirus fiziniam asmeniui, kuriam duotas įgaliojimas, ar pripažinus jį neveiksniu arba ribotai veiksniu, arba nežinia kur esančiu.

2. Duomenys apie įgaliojimo pasibaigimą turi būti pateikti notarine tvarka patvirtintų įgaliojimų registro tvarkymo įstaigai.

3. Pasibaigus įgaliojimui, netenka galios ir perįgaliojimas. 4. Atstovavimo pasibaigimas negali būti panaudotas prieš sąžiningus trečiuosius asmenis,

išskyrus atvejus, kai apie atstovavimo pasibaigimo faktą šie asmenys žinojo ar turėjo sužinoti, bet nesužinojo dėl savo pačių neatidumo. Straipsnio pakeitimai: Nr. XI-1031, 2010-09-23, Žin., 2010, Nr. 126-6456 (2010-10-26)

2.148 straipsnis. Įgaliotojo pareiga pranešti apie įgaliojimo pasibaigimą 1. Apie įgaliojimo panaikinimą, nurodytą šio kodekso 2.147 straipsnio 1 dalies 2 punkte,

įgaliotojas privalo pranešti įgaliotiniui, taip pat įgaliotojui žinomiems tretiesiems asmenims, su kuriais nustatant ir palaikant santykius atstovauti duotas įgaliojimas. Tokią pat pareigą turi įgaliotojo teisių perėmėjai, kai įgaliojimas pasibaigia šio kodekso 2.147 straipsnio 1 dalies 4 ir 6 punktuose numatytais pagrindais.

2. Įgaliotojo ir jo teisių perėmėjų teisės ir pareigos, atsiradusios kaip įgaliotinio veiksmų rezultatas iki to laiko, kai įgaliotinis sužinojo ar turėjo sužinoti apie įgaliojimo pasibaigimą, lieka galioti tretiesiems asmenims. Ši nuostata netaikoma, jeigu trečiasis asmuo žinojo ar turėjo žinoti, kad įgaliojimas pasibaigė.

3. Įgaliojimui pasibaigus, įgaliotinis ar jo teisių perėmėjai privalo tuojau grąžinti įgaliojimą įgaliotojui ar jo teisių perėmėjams.

2.149 straipsnis. Atstovavimą reglamentuojančių normų subsidiarus taikymas Atstovavimą reglamentuojančios normos atitinkamai taikomos ir tuo atveju, jeigu asmuo,

kurio reikalus tvarkė kitas asmuo, neturėdamas įgaliojimo, vėliau patvirtina pastarojo veiksmus.

2.150 straipsnis. Atstovo pareiga atsiskaityti Atstovas privalo pateikti atstovaujamajam ataskaitą apie savo veiklą ir atsiskaityti

atstovaujamajam už viską, ką yra gavęs vykdydamas pavedimą.

2.151 straipsnis. Atstovaujamojo pareiga atlyginti išlaidas bei sumokėti atlyginimą 1. Atstovaujamasis turi atlyginti atstovo turėtas išlaidas, susijusias su pavedimo vykdymu,

jeigu sutartis ar įstatymai nenumato ko kita. 2. Atstovui už darbą atstovaujamasis turi sumokėti atlyginimą, išskyrus atvejus, kai

sutartis ar įstatymai numato, kad atstovaujama neatlygintinai.

XII SKYRIUS KOMERCINIS ATSTOVAVIMAS

PIRMASIS SKIRSNIS PREKYBOS AGENTAS

2.152 straipsnis. Prekybos agento samprata 1. Prekybos agentu laikomas nepriklausomas asmuo, kurio pagrindinė ūkinė veikla –

nuolat už atlyginimą tarpininkauti atstovaujamajam sudarant sutartis ar sudaryti sutartis atstovaujamojo vardu ir atstovaujamojo sąskaita. Prekybos agentais nelaikomi juridinio asmens organai ir asmenys, turintys juridinio asmens organo teises ir pareigas, taip pat partneriai, veikiantys pagal jungtinės veiklos sutartį.

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2. Atstovaujamasis ir atstovas gali tarpusavio sutartyje nustatyti tik tokias konkurenciją ribojančias sąlygas, kurių nedraudžia konkurencijos teisės normos.

3. Sutartyje gali būti numatyta išlyga, suteikianti prekybos agentui išimtinę teisę atstovaujamojo vardu sudaryti sutartis tam tikroje teritorijoje ar su tam tikra vartotojų grupe, jeigu tokia išlyga nepažeidžia šio straipsnio 2 dalies nuostatų. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

2.153 straipsnis. Prekybos agento veiklos prielaidos Prieš pradėdamas veiklą, prekybos agentas privalo apdrausti savo civilinę atsakomybę už

galimą žalą, kurios gali būti atstovaujamajam ar tretiesiems asmenims dėl jo veiksmų.

2.154 straipsnis. Prekybos agento teisių ir pareigų įforminimas 1. Prekybos agento teisės ir pareigos gali būti įformintos raštu arba žodžiu. 2. Agento arba atstovaujamojo reikalavimu jų sutartis privalo būti sudaryta raštu. Teisės

reikalauti sudaryti sutartį raštu atsisakymas negalioja. 3. Tik sudarius sutartį raštu, galioja šios sąlygos, nustatančios: 1) agento arba atstovaujamojo civilinės atsakomybės apribojimus arba visišką jos

netaikymą; 2) draudimą konkuruoti nutraukus sutartį; 3) sutarties nutraukimo sąlygas; 4) išimtines prekybos agento teises; 5) prekybos agento teisės į atlyginimą priklausomybę nuo sudarytos sutarties įvykdymo.

2.155 straipsnis. Sutarties galiojimo terminas 1. Prekybos agento ir atstovaujamojo sutartis gali būti sudaryta apibrėžtam arba

neapibrėžtam terminui. 2. Jeigu sutartis buvo sudaryta apibrėžtam terminui ir šiam terminui pasibaigus šalys toliau

vykdo savo teises ir pareigas, tai pripažįstama, kad sutartis atnaujinta neapibrėžtam terminui tokiomis pat sąlygomis.

2.156 straipsnis. Prekybos agento pareigos Prekybos agentas privalo: 1) sąžiningai ir rūpestingai vykdyti visus atstovaujamojo pavedimus ir protingumo

kriterijų atitinkančias instrukcijas, būti lojalus atstovaujamajam ir veikti išimtinai dėl atstovaujamojo interesų;

2) reguliariai pranešti atstovaujamajam apie sudaromas ar sudarytas sutartis, taip pat teikti kitą svarbią informaciją, susijusią su savo ir atstovaujamojo verslu;

3) saugoti atstovaujamojo komercines paslaptis tiek sutarties galiojimo metu, tiek ir jai pasibaigus;

4) nekonkuruoti su atstovaujamuoju, jeigu ši sąlyga numatyta sutartyje; 5) atlyginti atstovaujamajam padarytus nuostolius; 6) pasibaigus sutarčiai, grąžinti atstovaujamajam visus pastarojo perduotus dokumentus,

turtą ir kitką.

2.157 straipsnis. Atstovaujamojo pareigos Atstovaujamasis privalo: 1) aprūpinti prekybos agentą reikiamais dokumentais ir informacija (kainoraščiais, prekių

pavyzdžiais, reklamine medžiaga, standartinėmis sutarčių sąlygomis ir t. t.); 2) nedelsdamas pranešti prekybos agentui apie sutikimą ar atsisakymą sudaryti konkrečią

sutartį ar ją vykdyti, taip pat apie sutarties sąlygų pakeitimą ar papildymą; 3) nedelsdamas pranešti prekybos agentui apie sutarties, kurią prekybos agentas sudarė

neturėdamas pavedimo, patvirtinimą ar nepatvirtinimą; 4) mokėti prekybos agentui sutartyje numatytą atlyginimą; 5) suteikti agentui informaciją, būtiną komercinio atstovavimo sutarčiai vykdyti, ypač

pranešti apie tai, kad prekybinių sandorių daug mažiau, nei prekybos agentas galėtų tikėtis.

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2.158 straipsnis. Prekybos agento atlyginimas 1. Prekybos agentui už kiekvieną sėkmingai sudarytą sandorį atstovaujamasis moka

sutartyje nustatytą atlyginimą. Prekybos agentas taip pat turi teisę į atlyginimą, kai sandorį sudaro pats atstovaujamasis, tačiau prekybos agento veiklos dėka, net jeigu tas sandoris buvo sudarytas pasibaigus atstovavimo santykiams.

2. Sutartyje gali būti numatyta, kad prekybos agento atlyginimas priklauso nuo atstovaujamojo pavedimo įvykdymo kokybės arba kad prekybos agentas atlyginimą gauna tik tada, kai trečiasis asmuo įvykdo sudarytą sutartį. Atlyginimas prekybos agentui taip pat mokamas už iš trečiųjų asmenų atstovaujamojo naudai išieškotas pinigų sumas.

3. Jeigu prekybos agentas garantuoja atstovaujamajam, kad kita tam tikro sandorio šalis tinkamai įvykdys sutartį, tai prekybos agentas turi teisę gauti papildomą atlyginimą (del credere). Šalių susitarimas panaikinti tokią prekybos agento teisę negalioja. Teisė į papildomą atlyginimą (del credere) atsiranda nuo sandorio tinkamo įvykdymo.

4. Jeigu prekybos agento atlyginimas sutartyje neaptartas, prekybos agentui turi būti mokamas atlyginimas, kuris mokamas prekybos agentams, paskirtiems tokio agento veiklos vietoje, ir prekėms, numatytoms prekybos agento sutartyje, o jeigu tokios praktikos nėra, tai jam priklauso protingumo kriterijų atitinkantis atlyginimas, nustatomas atsižvelgiant į visus sandorio ypatumus.

2.159 straipsnis. Prekybos agento atlyginimo dydžio nustatymas 1. Atlyginimo dydis prekybos agento ir atstovaujamojo sutartyje nurodomas konkrečia

pinigų suma arba sudaryto sandorio vertės ar išieškotos sumos procentais. 2. Prekybos agentui taip pat turi būti atlygintos jo turėtos papildomos išlaidos, jeigu jų

nepadengė kita sandorio šalis (prekių vežimo, sandėliavimo, saugojimo, pakavimo išlaidos, sumokėti muitai ir kitokios rinkliavos bei mokesčiai ir t. t.) ir šios išlaidos neįskaitomos į agento savarankiškos veiklos išlaidas.

3. Jeigu prekybos agento atlyginimas nurodytas konkrečia suma, tai šio kodekso 2.160 straipsnis taikomas tik tiek, kiek tai neprieštarauja susitarimo dėl prekybos agento atlyginimo konkrečia suma esmei.

2.160 straipsnis. Prekybos agento atlyginimo mokėjimo tvarka 1. Prekybos agentas įgyja teisę į atlyginimą nuo sandorio sudarymo, jeigu atstovaujamasis

įvykdė sandorį ar turėjo pagal su trečiąja šalimi pasirašytą sutartį įvykdyti sandorį, ar trečioji šalis įvykdė sandorį, tačiau visais atvejais vėliausiai tada, kai trečioji šalis įvykdė savo sutarties dalį ar būtų tai padariusi, jei atstovaujamasis būtų įvykdęs savąją.

2. Jeigu sutartyje numatyta, kad prekybos agentui atlyginimas mokamas tik tada, kai trečiasis asmuo įvykdo sutartį, tai prekybos agentas turi teisę gauti avansą. Avansas negali būti mažesnis kaip keturiasdešimt procentų atlyginimo ir turi būti sumokėtas ne vėliau kaip iki paskutinės kito po sutarties sudarymo mėnesio dienos, jeigu sutartyje nenustatyta kas kita.

3. Jeigu yra akivaizdu, kad trečiasis asmuo sutarties neįvykdys, prekybos agentas netenka teisės reikalauti atlyginimo. Jeigu atlyginimas ar jo avansas jau yra sumokėti, atstovaujamasis turi teisę iš prekybos agento išieškoti sumokėtas sumas. Ši nuostata netaikoma tada, kai sutartis neįvykdoma dėl atstovaujamojo kaltės.

4. Atstovaujamasis privalo atsiskaityti su prekybos agentu kas mėnesį ir ne vėliau kaip iki mėnesio, einančio po ataskaitinio laikotarpio, paskutinės dienos. Šalys rašytine sutartimi gali pratęsti atsiskaitymo terminą, bet ne ilgiau kaip trims mėnesiams nuo ataskaitinio laikotarpio paskutinės dienos.

5. Atstovaujamasis privalo kas mėnesį, o susitarus raštu – ne rečiau kaip kas trys mėnesiai pateikti prekybos agentui buhalterinės apskaitos dokumentus, pagal kurių duomenis apskaičiuojamas ir mokamas atlyginimas, taip pat pranešti visas aplinkybes, dėl kurių atsisakyta mokėti prekybos agentui atlyginimą arba dėl kurių atlyginimas sumažintas.

6. Kilus ginčui dėl atlyginimo mokėjimo, prekybos agentas turi teisę reikalauti atlikti auditą atlyginimo ir atsiskaitymų tikslumui nustatyti. Atsisakymas nuo audito teisės negalioja. Jeigu atstovaujamasis atsisako leisti atlikti auditą ar nesusitariama dėl auditoriaus, prekybos agentas turi teisę kreiptis į teismą dėl priverstinio audito paskyrimo.

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7. Reikalavimams, susijusiems su prekybos agento atlyginimo išieškojimu, taikomas trejų metų ieškinio senaties terminas.

8. Kai prekybos agentui yra suteikta išimtinė teisė sudaryti sutartis tam tikroje teritorijoje ar su tam tikrais vartotojais, tai prekybos agentui priklauso komisinis atlyginimas, skaičiuojamas atsižvelgiant į sandorius, sudarytus komercinio atstovavimo sutarties galiojimo laikotarpiu su asmenimis iš tos teritorijos ar iš tų vartotojų.

9. Prekybos agentui priklauso komisinis atlyginimas ir tuo atveju, kai trečiosios šalies užsakymas pasiekė atstovaujamąjį iki komercinio atstovavimo sutarties galiojimo pabaigos arba per protingumo kriterijus atitinkantį laikotarpį po to, kai komercinio atstovavimo sutartis pasibaigė, ir sandoris yra susijęs su komercinio atstovavimo sutartimi.

10. Kai prekybos agentui mokamas komisinis atlyginimas po sutarties pasibaigimo, naujam agentui komisinis atlyginimas nemokamas, išskyrus atvejus, kai pagal aplinkybes yra teisinga komisinį atlyginimą padalyti agentams. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

2.161 straipsnis. Sulaikymo teisė 1. Prekybos agentas turi teisę sulaikyti turimus atstovaujamojo daiktus ir teises į tuos

daiktus patvirtinančius dokumentus tol, kol atstovaujamasis su juo atsiskaitys. 2. Atsisakymas nuo sulaikymo teisės negalioja.

2.162 straipsnis. Prekybos agento teisės 1. Prekybos agentas turi teisę atstovaujamojo vardu be specialaus atstovaujamojo

įgaliojimo atlikti bet kokius atstovaujamojo pavedimui tinkamai įvykdyti būtinus veiksmus. Keisti sutarčių sąlygas, taip pat priimti sutarties įvykdymą prekybos agentas turi teisę tik tuo atveju, jeigu ši jo teisė yra specialiai aptarta komercinio atstovavimo sutartyje ar atskirame įgaliojime.

2. Prekybos agentas, nors jam ir nesuteikta teisė sudaryti sutartis, turi teisę priimti pretenzijas dėl prekių kiekio ir kokybės bei kitokius trečiųjų asmenų pareiškimus, susijusius su sutarties vykdymu, taip pat atstovaujamojo vardu įgyvendinti pastarojo teises, susijusias su įrodymų užtikrinimu.

2.163 straipsnis. Atsakomybė pagal prekybos agento sudarytas sutartis 1. Kai prekybos agentas atstovaujamojo vardu sudaro sutartį, kurios sudaryti jis neturėjo

teisės, o kita sandorio šalis apie tai nežinojo ir negalėjo žinoti, pripažįstama, kad atstovaujamasis tokią sutartį patvirtino, jeigu šis nedelsdamas po to, kai apie tokią sutartį sužinojo iš prekybos agento ar trečiojo asmens, nepareiškė trečiajam asmeniui, kad sutarčiai nepritaria.

2. Šio straipsnio 1 dalies nuostata taikoma ir tais atvejais, kai prekybos agentas viršija jam suteiktas teises.

2.164 straipsnis. Konkurencijos draudimas 1. Prekybos agentas ir atstovaujamasis gali sutartyje numatyti, kad pasibaigus sutarčiai

prekybos agentas ne daugiau kaip dvejus metus nekonkuruos su atstovaujamuoju. Tokia sutarties sąlyga turi būti išreikšta raštu.

2. Konkurencijos ribojimas gali būti apibrėžtas tik tam tikra teritorija ir prekių ar paslaugų rūšimis arba klientų grupe ir teritorija, kurios prekybos agentui buvo patikėtos.

3. Atstovaujamasis turi teisę iki sutarties galiojimo pabaigos raštu vienašališkai atsisakyti konkurencijos draudimo.

4. Jeigu sutartyje yra numatytas konkurencijos draudimas, prekybos agentas turi teisę į kompensaciją už visą konkurencijos draudimo laikotarpį. Kompensacijos dydis nustatomas šalių susitarimu. Kompensacijos dydis gali būti apibrėžiamas metine prekybos agento atlyginimo suma.

5. Jeigu sutartis buvo nutraukta dėl prekybos agento kaltės, prekybos agentas netenka teisės į šio straipsnio 4 dalyje numatytą kompensaciją.

6. Atstovaujamasis netenka teisės remtis konkurenciją draudžiančia sutarties išlyga, jeigu: 1) atstovaujamasis be prekybos agento sutikimo nutraukė sutartį pažeisdamas išankstinio

įspėjimo apie sutarties nutraukimą terminus arba nedelsdamas nepranešė prekybos agentui apie svarbias sutarties nutraukimo priežastis;

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2) prekybos agentas sutartį nutraukė dėl svarbių priežasčių, už kurias atsako atstovaujamasis, ir apie šias priežastis nedelsdamas pranešė atstovaujamajam;

3) atstovaujamojo ir prekybos agento sutartis nutraukta teismo sprendimu dėl priežasčių, už kurias atsako atstovaujamasis.

7. Prekybos agento reikalavimu teismas turi teisę pripažinti visiškai ar iš dalies konkurenciją draudžiančią sutarties išlygą negaliojančia, jeigu atsižvelgiant į prekybos agento teisėtus interesus tokia išlyga daro jam didelės žalos.

8. Susitarimai, kurie prieštarauja šio straipsnio nuostatoms ir pablogina prekybos agento padėtį, negalioja.

2.165 straipsnis. Neapibrėžtam terminui sudarytos sutarties nutraukimas 1. Neapibrėžtam terminui sudaryta sutartis gali būti bet kurios šalies iniciatyva nutraukta,

jeigu apie sutarties nutraukimą iš anksto pranešta kitai šaliai per šiuos terminus: 1) prieš vieną mėnesį – jeigu sutartis tęsėsi ne ilgiau kaip vienerius metus; 2) prieš du mėnesius – jeigu sutartis tęsėsi ne ilgiau kaip dvejus metus; 3) prieš tris mėnesius – jeigu sutartis tęsėsi ne ilgiau kaip trejus metus; 4) prieš keturis mėnesius – jeigu sutartis tęsėsi ilgiau kaip trejus metus. 2. Šalys savo susitarimu negali nustatyti trumpesnių pranešimo terminų, bet gali nustatyti

ilgesnius pranešimo terminus, tačiau visais atvejais abiem šalims taikomi vienodi pranešimo terminai. Pranešta turi būti iki kalendorinio mėnesio pabaigos.

3. Šalis, nutraukusi sutartį be kitos šalies sutikimo ir pažeidusi išankstinio pranešimo terminus, privalo kitai šaliai atlyginti savo veiksmais padarytus nuostolius, išskyrus atvejus, kai sutartis nutraukta dėl svarbių priežasčių, apie kurias nedelsiant buvo pranešta kitai šaliai.

4. Jeigu šalys nesusitarė kitaip, paskutinė įspėjimo termino diena ir sutarties nutraukimo diena turi sutapti su kalendorinio mėnesio pabaiga.

5. Jei komercinio atstovavimo sutarties terminas yra pasibaigęs ir terminuota sutartis tapo neterminuota, jos nutraukimui taikomi šio straipsnio 1 dalyje nurodyti įspėjimo terminai, į kuriuos įskaičiuojamas terminuotos sutarties galiojimo terminas.

2.166 straipsnis. Apibrėžtam terminui sudarytos sutarties nutraukimas 1. Apibrėžtam terminui sudarytą sutartį kiekviena šalis turi teisę nutraukti prieš terminą,

jeigu tam yra svarbių priežasčių. Atsisakymas nuo šios teisės negalioja. 2. Jeigu sutartis nutraukta dėl priežasčių, už kurias atsako kita šalis, tai pastaroji privalo

atlyginti nutraukiant sutartį padarytus nuostolius.

2.167 straipsnis. Teisė į kompensaciją ir nuostolių atlyginimą 1. Pasibaigus prekybos agento ir atstovaujamojo sutarčiai, prekybos agentas turi teisę į

kompensaciją pagal šio straipsnio 2 dalį, jeigu šalys nesusitarė, kad, pasibaigus sutarčiai, prekybos agentas turi teisę į nuostolių atlyginimą pagal šio straipsnio 6 dalį. Atsisakymas nuo teisės į kompensaciją ar nuostolių atlyginimą negalioja.

2. Prekybos agentas turi teisę į kompensaciją, jeigu: 1) po sutarties nutraukimo atstovaujamasis turi esminės naudos iš dalykinių ryšių su

klientais, kuriuos surado prekybos agentas ar su kuriais dėl prekybos agento žymiai padidėjo atstovaujamojo verslo mastas; ir

2) atsižvelgiant į visas aplinkybes, kompensacijos mokėjimas atitiktų teisingumo principą. 3. Maksimalią kompensacijos sumą sudaro vidutinė metinė prekybos agento atlyginimo

suma, apskaičiuota už visą sutarties galiojimo laikotarpį, jeigu sutartis galiojo ne ilgiau kaip penkerius metus. Jeigu sutartis galiojo ilgiau nei penkerius metus, skaičiuojamas paskutinių penkerių metų vidutinis metinis atlyginimas. Kompensacijos sumokėjimas nepanaikina prekybos agento teisės pareikšti reikalavimą dėl nuostolių, atsiradusių pažeidus sutartį, atlyginimo.

4. Prekybos agentas netenka teisės į kompensaciją, jeigu jis per vienerius metus nuo sutarties pasibaigimo nepraneša atstovaujamajam apie ketinimą šią teisę įgyvendinti.

5. Prekybos agentas neturi teisės į kompensaciją, jeigu: 1) sutartis nutraukta prekybos agento iniciatyva, išskyrus atvejus, kai prekybos agentas

sutartį nutraukia dėl neteisėtų atstovaujamojo veiksmų arba dėl savo ligos, amžiaus ar negalios, dėl kurių jis negali tinkamai atlikti savo pareigų;

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2) sutartis nutraukta atstovaujamojo iniciatyva dėl prekybos agento kaltės; 3) prekybos agentas atstovaujamojo sutikimu perduoda savo teises ir pareigas pagal

komercinio atstovavimo sutartį kitam asmeniui. 6. Prekybos agentas turi teisę į nuostolių, kurių jis patiria dėl sutarties su atstovaujamuoju

nutraukimo, atlyginimą, ypač jeigu prekybos agentas netenka komisinio atlyginimo, kurį būtų gavęs dėl tinkamo komercinio atstovavimo sutarties įvykdymo, o atstovaujamasis turi esminės naudos iš prekybos agento veiklos, arba (ir) kai yra neapmokėtos prekybos agento išlaidos, kurių jis turėjo vykdydamas atstovaujamojo nurodymus. Atlyginant nuostolius, taikomos šio straipsnio 4 ir 5 dalys. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

2.168 straipsnis. Išimtys Įstatymai gali nustatyti šio skirsnio nuostatų išimtis, jeigu to reikalauja prekybos agento

veiklos ypatumai atskirose verslo srityse.

ANTRASIS SKIRSNIS KOMERCINIO ATSTOVAVIMO YPATUMAI SUDARANT IR VYKDANT

TARPTAUTINIO PREKIŲ PIRKIMO–PARDAVIMO SUTARTIS

2.169 straipsnis. Taikymo sritis 1. Šio skirsnio nuostatos taikomos tik tais atvejais, kai tenkinamos abi šios sąlygos: 1) sudaroma ar vykdoma tarptautinio prekių pirkimo–pardavimo sutartis; 2) atstovaujamasis ir trečiasis asmuo yra skirtingose valstybėse. 2. Šio skirsnio nuostatos taikomos tik santykiams tarp atstovaujamojo ar atstovo iš vienos

pusės ir trečiojo asmens iš kitos pusės. 3. Šio skirsnio nuostatos netaikomos: 1) perkant ir parduodant akcijas ar kitus vertybinius popierius vertybinių popierių biržoje; 2) perkant ir parduodant prekes aukcione (varžytynėse); 3) atstovų pagal įstatymą, taip pat atstovų, paskirtų teismo ar administracinių institucijų

sprendimu, veiklai. 4. Atstovu šiame skirsnyje nepripažįstami juridinio asmens valdymo organai ar

darbuotojai, jeigu jie veikia neperžengdami įstatymų ar juridinio asmens steigimo dokumentų nustatytų ribų.

2.170 straipsnis. Atstovo teisės ir pareigos 1. Atstovo teisės ir pareigos gali būti aiškiai išreikštos arba numanomos iš konkrečių

aplinkybių. 2. Atstovas turi teisę atlikti bet kokius veiksmus, kurie konkrečiomis aplinkybėmis būtini

atstovaujamojo pavedimui tinkamai įvykdyti. 3. Atstovo teisės ir pareigos gali būti išreikštos bet kokia forma ir jų turinys gali būti

įrodinėjamas bet kokiomis įrodinėjimo priemonėmis.

2.171 straipsnis. Atstovo sudarytų sandorių galiojimas 1. Atstovo sudaryta sutartis sukuria teises ir pareigas atstovaujamajam, jeigu atstovas

veikė atstovaujamojo vardu ir dėl jo interesų, neviršydamas jam suteiktų teisių, ir trečiasis asmuo žinojo ar turėjo žinoti, kad sutartį sudaro su atstovu.

2. Atstovo sudaryta sutartis sukuria teises ir pareigas ne atstovaujamajam, o atstovui, jeigu:

1) trečiasis asmuo nežinojo ir neturėjo žinoti, kad sutartį sudaro su atstovu (neatskleistas atstovavimas);

2) konkrečios aplinkybės (pavyzdžiui, sutarties nuoroda) patvirtina, kad atstovas ketino sukurti teises ir pareigas sau, o ne atstovaujamajam.

3. Nepaisant šio straipsnio 2 dalyje numatytų aplinkybių, atstovaujamasis gali įgyvendinti atstovo įgytas teises, susijusias su trečiuoju asmeniu, jeigu atstovas nevykdo savo prievolių atstovaujamajam, atsižvelgiant į trečiojo asmens teisę panaudoti gynybos priemones prieš atstovą.

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Jeigu atstovas nevykdo savo prievolių trečiajam asmeniui, tai šis asmuo turi teisę įgyvendinti su atstovaujamuoju susijusias savo teises, įgytas prieš atstovą, atsižvelgiant į atstovo teisę panaudoti gynybos priemones prieš trečiąjį asmenį ir atstovaujamojo teisę panaudoti gynybos priemones prieš atstovą.

4. Šio straipsnio 3 dalyje numatytos teisės gali būti įgyvendintos, jeigu apie ketinimą jas įgyvendinti buvo atitinkamai pranešta atstovaujamajam, atstovui ir trečiajam asmeniui. Gavę tokį pranešimą, trečiasis asmuo ar atstovaujamasis nebegali atsisakyti prievolių, siejančių juos su atstovu.

5. Jeigu atstovas nevykdo savo prievolių trečiajam asmeniui dėl atstovaujamojo kaltės, atstovas privalo pranešti trečiajam asmeniui atstovaujamojo vardą.

6. Jeigu trečiasis asmuo nevykdo savo prievolių atstovui, atstovas privalo pranešti atstovaujamajam trečiojo asmens vardą.

7. Atstovaujamasis negali įgyvendinti atstovo įgytų su trečiuoju asmeniu susijusių teisių, jeigu trečiasis asmuo įrodo, kad jis nebūtų sudaręs sutarties, žinodamas, kas yra atstovaujamasis.

2.172 straipsnis. Sutarties sudarymas ar vykdymas neturint šios teisės ar ją viršijant 1. Jeigu asmuo veikia neturėdamas šios teisės ar turimas teises viršydamas, jo veiksmai

atstovaujamajam nesukuria teisinių pasekmių. Tokiais atvejais atsiranda šio asmens ir trečiojo asmens teisės ir pareigos.

2. Šio straipsnio 1 dalies taisyklės netaikomos tais atvejais, kai atstovaujamojo elgesys davė protingumo kriterijų atitinkantį pagrindą trečiajam asmeniui sąžiningai manyti, kad atstovas turi reikiamus įgaliojimus ir veikia jų neviršydamas.

2.173 straipsnis. Atstovo veiksmų patvirtinimas 1. Atstovaujamasis turi teisę patvirtinti veiksmus, kuriuos atliko asmuo, neturėdamas šios

teisės ar ją viršydamas. Patvirtinimas gali būti bet kokios formos. Be to, jis gali būti numanomas iš atstovaujamojo elgesio. Patvirtinimas įsigalioja nuo to momento, kai pasiekia trečiąjį asmenį. Įsigaliojusio patvirtinimo nebegalima atšaukti.

2. Jeigu sandorio sudarymo metu trečiasis asmuo nežinojo ir negalėjo žinoti, kad atstovas neturi teisių ar jas viršija, tai trečiasis asmuo neatsako atstovaujamajam, jeigu iki atstovo veiksmų patvirtinimo momento jis praneša atstovaujamajam, kad sandoris jam neprivalomas net jį patvirtinus. Jeigu atstovaujamasis patvirtino atstovo veiksmus, bet tą padarė ne per protingumo kriterijų atitinkantį terminą, trečiasis asmuo gali atsisakyti sandorio apie tai nedelsiant pranešdamas atstovaujamajam.

3. Jeigu trečiasis asmuo sandorio metu žinojo ar turėjo žinoti, kad atstovas neturi teisių ar jas viršija, tai trečiasis asmuo negali atsisakyti sandorio nei iki atstovo veiksmų patvirtinimo, nei po to.

4. Trečiasis asmuo visais atvejais gali atsisakyti priimti tik dalinį atstovo veiksmų patvirtinimą.

5. Jeigu atstovas atliko veiksmus dėl būsimo juridinio asmens interesų iki juridinio asmens įsteigimo, tokius veiksmus galima patvirtinti tik įstatymų nustatytais atvejais.

2.174 straipsnis. Atstovo veiksmų nepatvirtinimo teisinės pasekmės 1. Jeigu asmuo veikė neturėdamas šios teisės ar turimas teises viršydamas ir

atstovaujamasis atsisakė jo veiksmus patvirtinti, tai asmuo privalo atlyginti trečiajam asmeniui tuos nuostolius, kurie leistų trečiajam asmeniui grįžti į tą padėtį, kurioje jis būtų buvęs, jeigu atstovas būtų turėjęs teisę ar būtų veikęs neviršydamas savo teisių.

2. Asmuo neatsako trečiajam asmeniui, jeigu trečiasis asmuo žinojo ar turėjo žinoti, kad asmuo neturi teisių ar jas viršija.

2.175 straipsnis. Atstovo teisių pasibaigimas 1. Atstovo teisės pasibaigia: 1) atstovaujamojo ir atstovo susitarimu; 2) sudarius sandorį ar atlikus kitą veiksmą, kuriam atlikti buvo išduotas įgaliojimas; 3) kai atstovaujamasis panaikina atstovui suteiktas teises; 4) kai atstovas atsisako savo teisių;

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5) kitais šio kodekso numatytais atvejais. 2. Atstovo teisių pasibaigimas neturi įtakos trečiojo asmens teisėms, išskyrus atvejus, kai

trečiasis asmuo žinojo ar turėjo žinoti apie atstovo teisių pasibaigimą arba apie aplinkybes, kurios yra atstovo teisių pasibaigimo pagrindas.

3. Nepaisant atstovo teisių pasibaigimo, atstovas turi teisę dėl atstovaujamojo ar jo įpėdinių interesų atlikti veiksmus, kurie būtini, kad nebūtų padaryta žalos atstovaujamojo ar jo įpėdinių interesams.

TREČIASIS SKIRSNIS PROKŪRA

2.176 straipsnis. Prokūros samprata 1. Prokūra yra įgaliojimas, kuriuo juridinis asmuo (verslininkas) suteikia teisę savo

darbuotojui ar kitam asmeniui atstovaujamojo vardu ir dėl jo interesų atlikti visus teisinius veiksmus, susijusius su juridinio asmens (verslininko) verslu.

2. Be to, prokūra suteikia teisę atstovaujamojo vardu ir dėl jo interesų atlikti teisinius veiksmus teisme ir kitose ne teismo institucijose.

3. Asmuo, kuriam išduota prokūra, yra prokuristas.

2.177 straipsnis. Prokūros išdavimas 1. Prokūrą išduoda atitinkamas juridinio asmens valdymo organas ar juridinio asmens

savininkas arba jo įgaliotas asmuo juridinio asmens steigimo dokumentų nustatyta tvarka. 2. Prokūra gali būti išduodama keliems asmenims (bendroji prokūra). Tokiu atveju visi

prokuristai privalo veikti kartu.

2.178 straipsnis. Prokūros forma 1. Prokūra turi būti rašytinė ir pasirašyta asmens, turinčio teisę išduoti prokūrą. 2. Prokūra turi būti įregistruota teisės aktų nustatyta tvarka.

2.179 straipsnis. Prokuristo teisės 1. Prokuristas neturi teisės atlikti ir jam negali būti pavedama atlikti šių veiksmų: 1) perleisti atstovaujamojo nekilnojamąjį daiktą (įmonę) ar suvaržyti teises į jį; 2) pasirašyti atstovaujamojo balansą ir mokesčių deklaraciją; 3) skelbti atstovaujamojo bankrotą; 4) duoti prokūrą; 5) priimti į įmonę dalininkus. 2. Prokuristas neturi teisės perduoti savo įgaliojimų kitam asmeniui.

2.180 straipsnis. Prokūros apribojimai 1. Prokūra gali būti ribota. Prokūros apribojimas gali būti juridinio asmens filialas,

atitinkamos juridinio asmens veiklos sritys ir rūšys, tam tikros aplinkybės, laikas ar teritorija. 2. Šio straipsnio 1 dalyje nurodyti prokūros apribojimai neturi įtakos tretiesiems

asmenims. Straipsnio pakeitimai: Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31)

2.181 straipsnis. Prokūros įsigaliojimas 1. Atstovaujamojo ir prokuristo santykiams prokūra įsigalioja nuo jos išdavimo. 2. Prokuristo ir trečiųjų asmenų santykiams prokūra įsigalioja nuo jos įregistravimo teisės

aktų nustatyta tvarka.

2.182 straipsnis. Prokuristo parašas Pasirašydamas atstovaujamojo vardu dokumentus, prokuristas privalo nurodyti, kad jis

veikia kaip prokuristas, t. y. įrašyti žodį „prokuristas“ arba jo sutrumpinimą „pp“.

2.183 straipsnis. Prokuristo atsakomybė

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Prokuristas atsako atstovaujamajam ir tretiesiems asmenims taip pat kaip ir prekybos agentas.

2.184 straipsnis. Prokūros pasibaigimas 1. Prokūra pasibaigia, kai: 1) atstovaujamasis ją atšaukia; 2) prokuristas jos atsisako; 3) atstovaujamajam iškelta bankroto byla; 4) likviduojamas ar reorganizuojamas išdavęs prokūrą juridinis asmuo; 5) prokuristas miręs. 2. Prokūra pasibaigia nuo atitinkamo įrašo atitinkamame registre datos, išskyrus šio

straipsnio 1 dalies 4 ir 5 punktuose numatytus atvejus.

2.185 straipsnis. Veiksmai, kuriems atlikti prokūra nereikalinga 1. Atstovaujamasis gali pavesti savo darbuotojams atlikti veiksmus, kurie tam tikroje

verslo srityje yra kasdieniai ir įprastiniai, neišduodamas prokūros. Tokiais atvejais prokūrą reglamentuojančios šio kodekso normos taikomos pagal analogiją.

2. Preziumuojama, kad parduotuvėje ar sandėlyje dirbantys darbuotojai be specialaus įgaliojimo turi teisę parduoti, išduoti ar priimti prekes, taip pat priimti pretenzijas dėl prekių kiekio ir kokybės.

3. Šiame straipsnyje nurodyti darbuotojai, pasirašydami atstovaujamojo vardu dokumentus, privalo nurodyti savo pareigas, vardą, pavardę ir įgaliojimus.

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TREČIOJI KNYGA ŠEIMOS TEISĖ

I DALIS BENDROSIOS NUOSTATOS

I SKYRIUS ŠEIMOS ĮSTATYMAI

3.1 straipsnis. Lietuvos Respublikos civilinio kodekso trečiosios knygos reglamentuojami santykiai

1. Lietuvos Respublikos civilinio kodekso trečiosios knygos normos nustato bendruosius šeimos santykių teisinio reglamentavimo principus ir reglamentuoja santuokos sudarymo, jos galiojimo bei nutraukimo pagrindus ir tvarką, sutuoktinių turtines ir asmenines neturtines teises, vaikų kilmės nustatymą, vaikų ir tėvų bei kitų šeimos narių tarpusavio teises ir pareigas, įvaikinimo, globos ir rūpybos, civilinės būklės aktų registravimo tvarkos pagrindines nuostatas.

2. Kitų Civilinio kodekso knygų ir kitų civilinių įstatymų normos šeimos santykiams taikomos tiek, kiek jų nereglamentuoja šios knygos normos.

3.2 straipsnis. Šeimos teisės šaltiniai 1. Šeimos santykius reglamentuoja Lietuvos Respublikos Konstitucija, Civilinis kodeksas

ir kiti įstatymai, taip pat Lietuvos Respublikos tarptautinės sutartys. 2. Lietuvos Respublikos Vyriausybė ar kitos valstybės institucijos gali priimti teisės aktus

šeimos teisės klausimais tik šio kodekso ar kitų įstatymų nustatytais atvejais ir apimtimi. 3. Papročiai šeimos santykiams taikomi tik įstatymų numatytais atvejais. Jeigu yra

prieštaravimas tarp įstatymo ir papročio, taikomas įstatymas.

3.3 straipsnis. Šeimos santykių teisinio reglamentavimo principai 1. Šeimos santykių teisinis reglamentavimas Lietuvos Respublikoje grindžiamas

monogamijos, santuokos savanoriškumo, sutuoktinių lygiateisiškumo, prioritetinės vaikų teisių ir interesų apsaugos ir gynimo, vaikų auklėjimo šeimoje, motinystės visokeriopos apsaugos principais bei kitais civilinių santykių teisinio reglamentavimo principais.

2. Šeimos įstatymai ir jų taikymas turi užtikrinti šeimos ir jos reikšmės visuomenėje stiprinimą, šeimos narių tarpusavio atsakomybę už šeimos išsaugojimą ir vaikų auklėjimą, galimybę visiems šeimos nariams tinkamai įgyvendinti savo teises ir apsaugoti nepilnamečius vaikus nuo netinkamos kitų šeimos narių bei kitų asmenų ir kitokių veiksnių įtakos.

3.4 straipsnis. Įstatymo ar teisės analogija 1. Jeigu šeimos santykiai nereglamentuoti šios knygos ar kitų Civilinio kodekso knygų

normų, jiems taikomos kitų civilinių įstatymų, reglamentuojančių panašius teisinius santykius, normos. Draudžiama pagal analogiją taikyti specialias teisės normas, numatančias išimtis iš bendrųjų taisyklių.

2. Kai nėra galimybės taikyti įstatymo analogijos, taip pat tais atvejais, kai klausimo sprendimas paliktas teismo nuožiūrai, šeimos santykių subjektų teisės ir pareigos nustatomos remiantis teisingumo, sąžiningumo, protingumo ir kitais bendraisiais teisės principais.

3. Jei nėra imperatyvių teisės normų, taip pat šio kodekso ar kitų įstatymų numatytais atvejais, šeimos santykių subjektai savo teises ir pareigas gali nustatyti tarpusavio susitarimu, vadovaudamiesi šio straipsnio 2 dalyje ir šio kodekso 3.3 straipsnyje įtvirtintais principais.

3.5 straipsnis. Šeimos teisių įgyvendinimas ir gynimas 1. Asmenys savo nuožiūra įgyvendina šeimos teises ir nevaržomi jomis naudojasi, taip pat

ir teise į šeimos teisių gynybą. Atsisakymas nuo šeimos teisės ar jos įgyvendinimo nepanaikina šios teisės, išskyrus įstatymų numatytus atvejus.

2. Įgyvendindami šeimos teises ir vykdydami šeimos pareigas, asmenys privalo laikytis įstatymų, gerbti bendro gyvenimo taisykles, geros moralės principus ir veikti sąžiningai.

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3. Draudžiama piktnaudžiauti šeimos teisėmis, t. y. draudžiama jas įgyvendinti tokiu būdu ir priemonėmis, kurios pažeistų ar varžytų kitų asmenų teises ar įstatymų saugomus interesus ar darytų žalos kitiems asmenims. Jeigu asmuo piktnaudžiauja šeimos teise, teismas gali atsisakyti ją ginti.

4. Šeimos teises gina teismas, globos ir rūpybos bei kitos valstybės ar visuomeninės institucijos šio kodekso numatytais būdais. Teismas ir kitos institucijos turi siekti, kad šalys išspręstų ginčą taikiai – tarpusavio susitarimu, ir visokeriopai padėti šalims pasiekti tokį susitarimą.

3.6 straipsnis. Ieškinio senatis 1. Reikalavimams, kylantiems iš šeimos teisinių santykių, taikoma ieškinio senatis,

išskyrus šios knygos nustatytas išimtis. 2. Ieškinio senaties terminų skaičiavimo, sustabdymo, nutraukimo ir atnaujinimo tvarką

nustato šio kodekso pirmosios knygos normos, jeigu šios knygos normos nenustato kitokių taisyklių.

II DALIS SANTUOKA

II SKYRIUS SANTUOKOS SUDARYMAS

PIRMASIS SKIRSNIS SUSITARIMAS TUOKTIS IR JO TEISINĖS PASEKMĖS

3.7 straipsnis. Santuokos samprata 1. Santuoka yra įstatymų nustatyta tvarka įformintas savanoriškas vyro ir moters

susitarimas sukurti šeimos teisinius santykius. 2. Vyras ir moteris, įstatymų nustatyta tvarka įregistravę santuoką, yra sutuoktiniai.

3.8 straipsnis. Susitarimas tuoktis (sužadėtuvės) 1. Susitarimas tuoktis neįpareigoja ir negali būti įgyvendintas prievarta, tačiau gali sukelti

šio kodekso 3.9–3.11 straipsniuose nustatytas teisines pasekmes. 2. Susitarimas tuoktis gali būti išreikštas žodžiu arba raštu. 3. Paduotas nustatytos formos prašymas civilinės metrikacijos įstaigai įregistruoti santuoką

laikomas viešu susitarimu tuoktis.

3.9 straipsnis. Dovanų grąžinimas 1. Jeigu santuoka nesudaroma, abi viešo susitarimo tuoktis šalys turi teisę reikalauti viena

iš kitos grąžinti viską, ką viena yra gavusi iš kitos kaip dovaną ryšium su būsima santuoka, išskyrus atvejus, kai dovanos vertė neviršija vieno tūkstančio litų ir kai šalis, gavusi dovaną, mirė iki santuokos įregistravimo, ir santuoka nebuvo sudaryta dėl šalies mirties.

2. Reikalavimams grąžinti dovanas taikomos šio kodekso šeštosios knygos normos, reglamentuojančios santykius, susijusius su nepagrįstu praturtėjimu ar turto gavimu.

3. Ieškinys dėl dovanos grąžinimo gali būti pareikštas per vienerių metų ieškinio senaties terminą, skaičiuojamą nuo atsisakymo sudaryti santuoką dienos.

3.10 straipsnis. Nuostolių atlyginimas 1. Susitarimo tuoktis šalis, be pakankamo pagrindo atsisakiusi sudaryti santuoką, turi

atlyginti kitai šaliai nuostolius, patirtus dėl susitarimo tuoktis neįvykdymo. 2. Nuostolių dydį sudaro šalies turėtos faktinės išlaidos ruošiantis sudaryti santuoką, taip

pat prievolių, susijusių su būsima santuoka, įvykdymo faktinės išlaidos. 3. Jeigu šalis atsisakė tuoktis dėl svarbios priežasties, kuri atsirado dėl kitos šalies kaltės,

tai kaltoji šalis turi atlyginti nuostolius pagal šio straipsnio 1 ir 2 dalies nuostatas.

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4. Reikalavimams dėl nuostolių atlyginimo taikomas vienerių metų ieškinio senaties terminas, skaičiuojamas nuo atsisakymo sudaryti santuoką dienos.

3.11 straipsnis. Neturtinės žalos atlyginimas 1. Jeigu susitarimas tuoktis buvo viešas, tai šalis, turinti teisę į nuostolių atlyginimą pagal

šio kodekso 3.10 straipsnį, taip pat gali reikalauti neturtinės žalos atlyginimo. 2. Ieškinys dėl neturtinės žalos atlyginimo gali būti pareikštas per vienerių metų ieškinio

senaties terminą, skaičiuojamą nuo atsisakymo sudaryti santuoką dienos.

ANTRASIS SKIRSNIS SANTUOKOS SUDARYMO SĄLYGOS

3.12 straipsnis. Draudimas tuoktis tos pačios lyties asmenims Santuoką leidžiama sudaryti tik su skirtingos lyties asmeniu.

3.13 straipsnis. Santuokos savanoriškumas 1. Santuoka sudaroma laisva vyro ir moters valia. 2. Bet koks grasinimas, prievarta, apgaulė ar kitokie valios trūkumai yra pagrindas

santuoką pripažinti negaliojančia.

3.14 straipsnis. Santuokinis amžius 1. Santuoką leidžiama sudaryti asmenims, kurie santuokos sudarymo dieną yra

aštuoniolikos metų. 2. Norinčio tuoktis, tačiau neturinčio aštuoniolikos metų asmens prašymu teismas

supaprastinto proceso tvarka turi teisę sumažinti tokio asmens santuokinį amžių, bet ne daugiau kaip dvejais metais.

3. Nėštumo atveju teismas gali leisti tuoktis asmeniui, nesulaukusiam šešiolikos metų. 4. Teismas, spręsdamas klausimą dėl santuokinio amžiaus sumažinimo, turi teismo

posėdyje išklausyti norinčio tuoktis nepilnamečio tėvų, globėjų ar rūpintojų nuomonę ir atsižvelgti į jo psichinę bei psichologinę būklę, turtinę padėtį ir svarbias priežastis, dėl kurių būtina sumažinti santuokinį amžių. Nėštumas – svarbi priežastis sumažinti santuokinį amžių.

5. Kai sprendžiamas klausimas dėl santuokinio amžiaus sumažinimo, valstybinė vaiko teisių apsaugos institucija privalo pateikti išvadą dėl santuokinio amžiaus sumažinimo tikslingumo ir ar tai atitinka nepilnamečio interesus. Straipsnio pakeitimai: Nr. XI-937, 2010-06-22, Žin., 2010, Nr. 76-3873 (2010-06-30)

3.15 straipsnis. Veiksnumas 1. Asmuo, įsiteisėjusiu teismo sprendimu pripažintas neveiksniu, negali sudaryti

santuokos. 2. Jeigu paaiškėja, kad yra iškelta byla dėl vieno iš ketinančių susituokti asmenų

pripažinimo neveiksniu, santuokos registracija turi būti atidėta iki teismo sprendimo iškeltoje byloje įsiteisėjimo.

3.16 straipsnis. Draudimas pažeisti monogamijos principą Sudaręs santuoką ir jos įstatymų nustatyta tvarka nenutraukęs asmuo negali sudaryti kitos

santuokos.

3.17 straipsnis. Draudimas tuoktis artimiesiems giminaičiams Draudžiama tuoktis tėvams su vaikais, įtėviams su įvaikiais, seneliams su vaikaičiais,

tikriems ir netikriems broliams su seserimis, pusbroliams su pusseserėmis, dėdėms su dukterėčiomis, tetoms su sūnėnais.

TREČIASIS SKIRSNIS SANTUOKOS SUDARYMAS

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3.18 straipsnis. Prašymas įregistruoti santuoką Asmenys, norintys susituokti, paduoda prašymą įregistruoti santuoką šio kodekso 3.299

straipsnio nustatyta tvarka.

3.19 straipsnis. Prašymo įregistruoti santuoką viešas skelbimas Prašymo įregistruoti santuoką padavimo faktas viešai skelbiamas šio kodekso 3.302

straipsnio nustatyta tvarka.

3.20 straipsnis. Santuokos sudarymo sąlygų įvykdymo patvirtinimas 1. Norintys susituokti asmenys, paduodami prašymą įregistruoti santuoką, privalo raštu

patvirtinti, kad yra įvykdytos visos šio kodekso 3.12–3.17 straipsniuose nustatytos santuokos sudarymo sąlygos.

2. Civilinės metrikacijos įstaigos pareigūnai, prieš įregistruodami santuoką, privalo patikrinti, ar yra įvykdytos visos šio kodekso 3.12–3.17 straipsniuose nustatytos santuokos sudarymo sąlygos.

3.21 straipsnis. Norinčių susituokti asmenų sveikatos tikrinimas 1. Norintiems susituokti asmenims, padavusiems prašymą įregistruoti santuoką, civilinės

metrikacijos įstaigos pareigūnai pasiūlo pasitikrinti sveikatą ir iki santuokos įregistravimo dienos pateikti Vyriausybės įgaliotos institucijos nustatytos formos sveikatos dokumentą.

2. Sveikatos dokumento nepateikimas nėra kliūtis įregistruoti santuoką. 3. Vieno iš norinčių tuoktis asmenų nepranešimas kitam apie tai, kad jis serga venerine

liga arba AIDS, yra pagrindas santuoką pripažinti negaliojančia.

3.22 straipsnis. Prašymas dėl kliūčių sudaryti santuoką 1. Bet kuris suinteresuotas asmuo turi teisę raštu pareikšti civilinės metrikacijos įstaigai,

paskelbusiai apie prašymą įregistruoti santuoką, kad yra šioje knygoje numatytų kliūčių sudaryti santuoką.

2. Civilinės metrikacijos įstaigos pareigūnas, gavęs prašymą dėl kliūčių sudaryti santuoką, atideda santuokos registravimą ir įpareigoja prašymą padavusį asmenį per tris dienas pateikti rašytinius prašyme nurodytų faktų įrodymus. Jeigu asmuo per tris dienas tokių įrodymų nepateikia, santuoka registruojama bendra tvarka.

3. Jeigu pateikiami rašytiniai įrodymai apie esančias kliūtis sudaryti santuoką, civilinės metrikacijos įstaigos pareigūnas sustabdo santuokos registravimą ir, jei kyla ginčas, išaiškina norintiems tuoktis asmenims jų teisę kreiptis į teismą dėl tokio prašymo paneigimo. Tokiais atvejais santuoka registruojama tik tada, kai norintys tuoktis asmenys pateikia civilinės metrikacijos įstaigai įsiteisėjusį teismo sprendimą, kuriuo prašymas dėl kliūčių sudaryti santuoką yra paneigtas kaip nepagrįstas.

4. Jeigu teismas savo sprendimu prašymą dėl kliūčių sudaryti santuoką pripažįsta nepagrįstu, tai norintys tuoktis asmenys, o po santuokos sudarymo – sutuoktiniai turi teisę per vienerius metus nuo tokio teismo sprendimo įsiteisėjimo dienos reikalauti tiesioginių nuostolių atlyginimo iš prašymą dėl kliūčių sudaryti santuoką padavusio asmens, išskyrus atvejus, kai prašymą buvo padavę vieno iš sutuoktinių tėvai ar prokuroras.

3.23 straipsnis. Santuokos įrodymas 1. Civilinės metrikacijos įstaiga, įregistravusi santuoką, išduoda santuokos liudijimą. 2. Santuokos akto įrašas ir jo pagrindu išduotas santuokos liudijimas yra santuokos

įrodymas.

3.24 straipsnis. Santuokos sudarymas bažnyčios (konfesijų) nustatyta tvarka 1. Bažnyčios (konfesijų) nustatyta tvarka santuoka sudaroma pagal atitinkamos religijos

vidaus (kanonų) teisės nustatytą procedūrą. 2. Santuokos sudarymas bažnyčios (konfesijų) nustatyta tvarka sukelia tokias pat teisines

pasekmes kaip ir santuokos sudarymas civilinės metrikacijos įstaigoje, jeigu: 1) nebuvo pažeistos šio kodekso 3.12–3.17 straipsniuose nustatytos santuokos sudarymo

sąlygos;

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2) santuoka buvo sudaryta pagal Lietuvos Respublikoje įregistruotų ir valstybės pripažintų religinių organizacijų kanonų nustatytą procedūrą;

3) santuokos sudarymas bažnyčios (konfesijų) nustatyta tvarka buvo įtrauktas į apskaitą civilinės metrikacijos įstaigoje šios knygos nustatyta tvarka.

3.25 straipsnis. Bažnyčios (konfesijų) nustatyta tvarka sudarytų santuokų oficiali apskaita

Bažnyčios (konfesijų) nustatyta tvarka sudarytos santuokos įtraukiamos į oficialią apskaitą šio kodekso 3.304 straipsnio nustatyta tvarka.

KETVIRTASIS SKIRSNIS SANTUOKOS TEISINĖS PASEKMĖS

3.26 straipsnis. Sutuoktinių lygiateisiškumas 1. Sudarę santuoką, sutuoktiniai įgyja šioje knygoje numatytas teises ir pareigas. 2. Sutuoktiniai turi lygias teises ir vienodą civilinę atsakomybę vienas kitam bei vaikams

santuokos sudarymo, jos trukmės ir jos nutraukimo klausimais. 3. Sutuoktiniai susitarimu negali atsisakyti teisių ar panaikinti pareigų, kurios pagal

įstatymus atsiranda kaip santuokos pasekmė.

3.27 straipsnis. Sutuoktinių pareiga vienas kitą remti 1. Sutuoktiniai privalo būti vienas kitam lojalūs ir vienas kitą gerbti, taip pat vienas kitą

remti moraliai bei materialiai ir, atsižvelgiant į kiekvieno jų galimybes, prisidėti prie bendrų šeimos ar kito sutuoktinio poreikių tenkinimo.

2. Jeigu vienas sutuoktinis dėl objektyvių priežasčių negali pakankamai prisidėti prie bendrų šeimos poreikių tenkinimo, tą pagal savo galimybes turi daryti kitas sutuoktinis.

3.28 straipsnis. Šeimos santykių sukūrimas Sudarę santuoką sutuoktiniai sukuria šeimos santykius kaip bendro gyvenimo pagrindą.

3.29 straipsnis. Sutuoktinių teisnumas ir veiksnumas Santuoka neapriboja sutuoktinių teisnumo ir veiksnumo, tačiau sutuoktinių galėjimas

įgyvendinti tam tikras teises gali būti ribojamas vedybų sutarties bei imperatyvių šio kodekso normų.

3.30 straipsnis. Sutuoktinių pareigos vaikams Sutuoktiniai privalo išlaikyti ir auklėti savo nepilnamečius vaikus, rūpintis jų švietimu,

sveikata, užtikrinti vaiko teisę į asmeninį gyvenimą, asmens neliečiamybę ir laisvę, vaiko turtines, socialines ir kitokias teises, numatytas vidaus ir tarptautinės teisės.

3.31 straipsnis. Sutuoktinių pavardė Abu sutuoktiniai turi teisę pasilikti iki santuokos turėtą savo pavardę, pasirinkti kito

sutuoktinio pavardę kaip bendrą pavardę arba pasirinkti dvigubą pavardę, kai prie savo pavardės prijungiama sutuoktinio pavardė.

3.32 straipsnis. Atstovavimas 1. Vienas sutuoktinis gali įgalioti kitą sutuoktinį veikti jo vardu ir jam atstovauti. 2. Jeigu tam tikriems veiksmams atlikti reikalingas kito sutuoktinio sutikimas, tačiau tokio

sutikimo dėl objektyvių priežasčių šis negali duoti, tai suinteresuoto sutuoktinio prašymu leidimą tiems veiksmams atlikti gali duoti teismas. Teismas, prieš duodamas tokį leidimą, privalo įsitikinti, kad kito sutuoktinio sutikimo gauti tikrai neįmanoma ir kad tokio leidimo davimas atitinka šeimos interesus. Teismo duotas leidimas galioja tik teismo nutartyje nurodytam veiksmui atlikti per nutartyje nurodytą terminą. Teismas, nustatęs, kad sutuoktinis veikia priešingai šeimos ar nepilnamečių vaikų interesams, valstybinės vaikų teisių apsaugos institucijos ar prokuroro pareiškimu gali savo duotą leidimą pakeisti ar panaikinti. Toks pakeitimas ar panaikinimas galioja

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tik ateičiai. Tokia teismo nutartis jos priėmimo dieną turi būti nusiųsta Notarų rūmams, o jei leidimas susijęs su disponavimu nekilnojamuoju daiktu, – viešam registrui.

3. Jeigu vienas sutuoktinis veikė kito sutuoktinio vardu be įgaliojimo ar teismo leidimo, tai tokiems veiksmams ir jų pasekmėms taikomos šio kodekso šeštosios knygos normos, reglamentuojančios kito asmens reikalų tvarkymą be pavedimo.

3.33 straipsnis. Sutuoktinių ginčai dėl pareigų vykdymo ir teisių įgyvendinimo 1. Jeigu sutuoktiniai negali susitarti dėl savo pareigų vykdymo ar teisių įgyvendinimo, bet

kuris sutuoktinis turi teisę kreiptis į teismą, kad teismas išspręstų jų ginčą. 2. Teismas, spręsdamas sutuoktinių ginčą, privalo imtis priemonių sutuoktiniams sutaikyti. 3. Sprendimą dėl sutuoktinių ginčo teismas privalo priimti atsižvelgdamas į sutuoktinių

nepilnamečių vaikų ir visos šeimos interesus.

3.34 straipsnis. Laikinas sutuoktinio turtinių teisių apribojimas 1. Jeigu vienas sutuoktinis iš esmės pažeidžia savo santuokines pareigas, numatytas šioje

knygoje, ir savo veiksmais kelia grėsmę turtiniams šeimos interesams, kitas sutuoktinis turi teisę kreiptis į teismą ir prašyti uždrausti sutuoktiniui be kito sutuoktinio sutikimo disponuoti bendru sutuoktinių turtu. Tokio draudimo terminas negali būti ilgesnis nei dveji metai.

2. Sandoriai, kurių sutuoktinis neturėjo teisės sudaryti be kito sutuoktinio sutikimo, gali būti pripažinti negaliojančiais pagal pastarojo ieškinį, jeigu trečiasis asmuo, su kuriuo buvo sudarytas sandoris, buvo nesąžiningas. Toks ieškinys gali būti pareikštas per vienerių metų ieškinio senaties terminą, skaičiuojamą nuo tos dienos, kai sutuoktinis sužinojo arba turėjo sužinoti apie tokį sandorį.

3.35 straipsnis. Sutuoktinių teisės ir pareigos namų ūkyje 1. Sutuoktinis be kito sutuoktinio sutikimo neturi teisės perleisti, įkeisti, išnuomoti ar

kitokiu būdu suvaržyti teisę į kilnojamąjį daiktą, naudojamą šeimos namų ūkyje. 2. Kilnojamuoju daiktu, naudojamu šeimos namų ūkyje, pripažįstami namų apyvokos

daiktai, baldai, išskyrus meno kūrinius, kolekcijas ir namų bibliotekas. 3. Sutuoktinis, be kurio sutikimo buvo sudarytas toks sandoris, turi teisę reikalauti

pripažinti sandorį negaliojančiu, jeigu jis sandorio nepatvirtino po jo sudarymo, išskyrus atvejus, kai sandoris buvo atlygintinis, o trečioji šalis buvo sąžininga.

3.36 straipsnis. Sutuoktinių teisės ir pareigos į gyvenamąją patalpą, esančią šeimos turtu

1. Jeigu sutuoktiniai gyvena gyvenamojoje patalpoje pagal nuomos sutartį, tai sutuoktinis, sudaręs nuomos sutartį, be kito sutuoktinio rašytinio sutikimo neturi teisės nutraukti nuomos sutarties prieš terminą, subnuomoti gyvenamosios patalpos arba perleisti teises pagal nuomos sutartį. Sutuoktinis, nedavęs sutikimo sudaryti tokį sandorį ar vėliau jo nepatvirtinęs, turi teisę reikalauti pripažinti jį negaliojančiu.

2. Sutuoktinis, kuriam šeimos gyvenamoji patalpa nuosavybės teise priklauso jam vienam, neturi teisės be kito sutuoktinio rašytinio sutikimo šios gyvenamosios patalpos perleisti, įkeisti ar išnuomoti. Sutuoktinis, nedavęs sutikimo sudaryti tokį sandorį ar vėliau jo nepatvirtinęs, turi teisę reikalauti pripažinti sandorį negaliojančiu, jeigu viešame registre ginčijama gyvenamoji patalpa buvo nurodyta kaip šeimos turtas.

3. Šio straipsnio 1 ir 2 dalyse numatytos taisyklės taikomos ir uzufrukto (t. y. teisės naudoti svetimą daiktą ir gauti iš jo pajamas, produkciją ir vaisius) bei panaudos atvejais.

III SKYRIUS SANTUOKOS NEGALIOJIMAS

3.37 straipsnis. Santuokos pripažinimo negaliojančia pagrindai ir tvarka 1. Santuoka gali būti pripažinta negaliojančia, jeigu buvo pažeistos šio kodekso 3.12–3.17

straipsniuose nustatytos santuokos sudarymo sąlygos, taip pat šio kodekso 3.21 straipsnio 3 dalyje, 3.39 ir 3.40 straipsniuose numatytais pagrindais.

2. Santuoką negaliojančia pripažįsta tik teismas.

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3. Santuoka negaliojančia pripažįstama nuo jos sudarymo momento. 4. Teismas privalo per tris darbo dienas po teismo sprendimo, kuriuo santuoka pripažinta

negaliojančia, įsiteisėjimo išsiųsti jo nuorašą santuoką įregistravusiai civilinės metrikacijos įstaigai.

3.38 straipsnis. Asmenys, turintys teisę pareikšti ieškinį dėl santuokos pripažinimo negaliojančia pažeidus jos sudarymo sąlygas

1. Santuoka, sudaryta pažeidžiant šio kodekso 3.16 ir 3.17 straipsniuose nustatytas santuokos sudarymo sąlygas, gali būti pripažinta negaliojančia pagal sutuoktinio, nežinojusio apie kliūtis santuokai sudaryti, prokuroro arba bet kurio kito asmens, kurio teisės ar teisėti interesai buvo pažeisti santuoka, ieškinį.

2. Santuoka, sudaryta pažeidžiant šio kodekso 3.14 straipsnyje nustatytą santuokos sudarymo sąlygą, gali būti pripažinta negaliojančia pagal nepilnamečio sutuoktinio, jo tėvų, globėjų ar rūpintojų, valstybinės vaiko teisių apsaugos institucijos arba prokuroro ieškinį. Kai nepilnamečiam sutuoktiniui sukanka aštuoniolika metų, ieškinį dėl santuokos pripažinimo negaliojančia gali pareikšti tik pats sutuoktinis.

3. Santuoka, sudaryta pažeidžiant šio kodekso 3.15 straipsnyje nustatytą santuokos sudarymo sąlygą, gali būti pripažinta negaliojančia pagal neveiksnaus sutuoktinio globėjo, prokuroro arba bet kurio kito asmens, kurio teisės ar teisėti interesai buvo pažeisti santuoka, ieškinį.

4. Santuoka, sudaryta pažeidžiant šio kodekso 3.13 straipsnyje nustatytą santuokos sudarymo sąlygą, gali būti pripažinta negaliojančia pagal sutuoktinio, neišreiškusio savo tikrosios valios, arba prokuroro ieškinį. Jeigu sutuoktinis, neišreiškęs savo tikrosios valios, yra nepilnametis, ieškinį gali pareikšti jo tėvai, globėjai, rūpintojai arba valstybinė vaiko teisių apsaugos institucija.

5. Reikalauti pripažinti santuoką negaliojančia šio kodekso 3.21 straipsnio 3 dalyje numatytu pagrindu turi teisę sutuoktinis, kuriam iki santuokos sudarymo nebuvo praneštas ligos faktas.

3.39 straipsnis. Fiktyvios santuokos pripažinimas negaliojančia Santuoka, sudaryta tik dėl akių, neturint tikslo sukurti šeimos teisinius santykius, gali būti

pripažinta negaliojančia pagal vieno iš sutuoktinių arba prokuroro ieškinį.

3.40 straipsnis. Santuokos pripažinimas negaliojančia dėl tikrosios valios neišreiškimo

1. Santuoka gali būti pripažinta negaliojančia pagal sutuoktinio ieškinį, jeigu jis įrodo, kad santuokos sudarymo momentu negalėjo suprasti savo veiksmų prasmės ir jų valdyti.

2. Reikalauti santuoką pripažinti negaliojančia gali sutuoktinis, jeigu jis santuoką sudarė paveiktas grasinimo, prievartos ar apgaulės.

3. Sutuoktinis, davęs sutikimą sudaryti santuoką dėl esminės klaidos, gali reikalauti santuoką pripažinti negaliojančia. Klaida yra esminė, jeigu buvo suklysta dėl tokių su kitu sutuoktiniu susijusių aplinkybių, kurias žinodamas sutuoktinis nebūtų sutikęs sudaryti santuokos. Preziumuojama, kad klaida yra esminė, jeigu buvo suklysta dėl:

1) kito sutuoktinio sveikatos būklės ar lytinės anomalijos, dėl kurių normalus šeimos gyvenimas neįmanomas;

2) to, kad kitas sutuoktinis padarė sunkų nusikaltimą.

3.41 straipsnis. Aplinkybės, naikinančios santuokos negaliojimą 1. Teismas gali netenkinti reikalavimo pripažinti santuoką negaliojančia, jeigu bylos

nagrinėjimo metu išnyko aplinkybės, pagal šį kodeksą buvusios kliūtimi sudaryti santuoką. 2. Teismas gali atsisakyti pripažinti negaliojančia santuoką, sudarytą nepilnamečio, jeigu

santuokos pripažinimas negaliojančia prieštarautų nepilnamečio sutuoktinio arba sutuoktinių nepilnamečių vaikų interesams.

3. Santuoka negali būti pripažinta fiktyvia, jeigu, kol byla dėl santuokos pripažinimo negaliojančia buvo iškelta, sutuoktiniai sukūrė šeimos santykius arba daugiau nei metus po santuokos sudarymo bendrai gyvena, arba jiems gimė bendras vaikas, arba jie laukiasi bendro vaiko.

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4. Santuoka negali būti pripažinta negaliojančia po jos nutraukimo, išskyrus atvejus, kai buvo pažeistas monogamijos principas arba santuoka buvo sudaryta su artimuoju giminaičiu (šio kodekso 3.16 ir 3.17 straipsniai).

5. Santuoka, sudaryta, kai vienas iš sutuoktinių neišreiškė savo tikrosios valios, negali būti pripažinta negaliojančia, jeigu po tokios santuokos sudarymo arba po to, kai paaiškėjo aplinkybių, duodančių pagrindą reikalauti santuoką pripažinti negaliojančia, sutuoktiniai bendrai gyveno daugiau nei vienerius metus, arba jiems gimė bendras vaikas, arba jie laukiasi bendro vaiko.

3.42 straipsnis. Ieškinio senatis 1. Sutuoktinis, kuris sudarė santuoką neturėdamas aštuoniolikos metų, gali reikalauti

pripažinti santuoką negaliojančia per vienerių metų ieškinio senaties terminą, skaičiuojamą nuo pilnametystės dienos.

2. Reikalauti pripažinti negaliojančia santuoką, sudarytą neišreiškus tikrosios valios, galima per vienerių metų ieškinio senaties terminą, skaičiuojamą nuo aplinkybių, sudarančių pagrindą santuoką pripažinti negaliojančia, išnykimo arba paaiškėjimo dienos.

3. Reikalauti pripažinti fiktyvią santuoką negaliojančia galima per vienerius metus nuo tokios santuokos sudarymo dienos. Šio kodekso 3.39 straipsnio nustatytu pagrindu prokuroras ieškinį dėl santuokos pripažinimo negaliojančia gali pareikšti per penkerius metus nuo santuokos sudarymo.

4. Reikalavimams pripažinti santuoką negaliojančia kitais pagrindais ieškinio senatis netaikoma.

3.43 straipsnis. Sutuoktinių atskyrimas ir išlaikymo priteisimas 1. Teismas, siekdamas apsaugoti vieno iš sutuoktinių teisėtus interesus, gali įpareigoti,

esant galimybei, sutuoktinius gyventi skyrium, kol bus išnagrinėta byla dėl jų santuokos pripažinimo negaliojančia.

2. Teismas, pripažindamas santuoką negaliojančia, turi išspręsti vaikų ir sąžiningo sutuoktinio išlaikymo, taip pat vaikų gyvenamosios vietos nustatymo klausimus.

3.44 straipsnis. Teisės pareikšti ieškinį išnykimas 1. Teisė pareikšti ieškinį dėl santuokos pripažinimo negaliojančia negali būti perduodama

asmeniui paveldėjimo ar kitokiu būdu. 2. Kai vienas sutuoktinis miršta, prokuroras netenka teisės pareikšti ieškinį dėl santuokos

pripažinimo negaliojančia.

3.45 straipsnis. Santuokos pripažinimo negaliojančia teisinės pasekmės 1. Tėvų, kurie buvo susituokę ir kurių santuoka vėliau buvo pripažinta negaliojančia,

vaikai laikomi santuokiniais. 2. Jeigu abu sutuoktiniai buvo sąžiningi, t. y. nežinojo ir negalėjo žinoti, kad yra kliūčių

sudaryti santuoką, tai santuoka, nors ir pripažinta negaliojančia, sukelia jiems tokias pat teisines pasekmes, kaip ir galiojanti santuoka, išskyrus paveldėjimo teisę. Aplinkybės, patvirtinančios sutuoktinio sąžiningumą, turi būti nurodytos teismo sprendime.

3.46 straipsnis. Santuokos pripažinimo negaliojančia teisinės pasekmės, kai vienas arba abu sutuoktiniai buvo nesąžiningi

1. Kai sąžiningas buvo tik vienas sutuoktinis, negaliojanti santuoka suteikia jam tas teises, kurios pripažįstamos sutuoktiniui.

2. Jeigu abu sutuoktiniai buvo nesąžiningi, tai negaliojanti santuoka jiems nesukuria sutuoktinių teisių ir pareigų. Kiekvienas jų turi teisę atsiimti savo turtą, taip pat ir padovanotą kitam sutuoktiniui.

3.47 straipsnis. Sąžiningo sutuoktinio teisės 1. Sąžiningas ir išlaikymo reikalingas sutuoktinis turi teisę reikalauti priteisti iš

nesąžiningo sutuoktinio išlaikymą, bet ne ilgiau kaip trejiems metams. 2. Išlaikymo dydį nustato teismas, atsižvelgdamas į abiejų sutuoktinių turtinę padėtį.

Išlaikymas priteisiamas periodinėmis išmokomis, mokamomis kas mėnesį, arba nustatyto dydžio

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vienkartine pinigų suma. Jeigu pasikeičia vieno sutuoktinio turtinė padėtis, suinteresuotas sutuoktinis gali kreiptis į teismą dėl išlaikymo padidinimo, sumažinimo arba jo išieškojimo nutraukimo.

3. Išlaikymo mokėjimas sąžiningam sutuoktiniui savaime nutrūksta, jei jis sudaro naują santuoką arba pasibaigus trejų metų terminui, per kurį išlaikymas buvo mokamas.

3.48 straipsnis. Privalomas globos (rūpybos) institucijų dalyvavimas Kai nagrinėjamos bylos dėl santuokos pripažinimo negaliojančia, globos (rūpybos)

institucijos arba valstybinė vaiko teisių apsaugos institucija, jeigu vienas ar abu sutuoktiniai yra nepilnamečiai arba teismo sprendimu pripažinti neveiksniais, privalo dalyvauti nagrinėjant tokias bylas ir pateikti išvadą, ar santuokos pripažinimas negaliojančia nepažeis šių asmenų ir jų vaikų teisių ir interesų.

IV SKYRIUS SANTUOKOS PABAIGA

PIRMASIS SKIRSNIS SANTUOKOS PABAIGOS PAGRINDAI

3.49 straipsnis. Santuokos pabaigos atvejai 1. Santuoka baigiasi, kai vienas sutuoktinis miršta arba santuoka nutraukiama įstatymų

nustatyta tvarka. 2. Santuoka gali būti nutraukta abiejų sutuoktinių bendru sutikimu, vieno sutuoktinio

prašymu arba dėl sutuoktinių (sutuoktinio) kaltės.

3.50 straipsnis. Santuokos pabaiga dėl vieno sutuoktinio mirties 1. Santuoka baigiasi, kai vienas sutuoktinis miršta arba teismas sprendimu paskelbia jį

mirusiu. 2. Paskelbus sutuoktinį mirusiu, santuoka laikoma pasibaigusia nuo teismo sprendimo

įsiteisėjimo dienos arba nuo teismo sprendime nurodytos asmens mirties datos. 3. Jeigu sutuoktinis, kurį teismas sprendimu paskelbė mirusiu, atsiranda, tai, panaikinus

teismo sprendimą, abiejų sutuoktinių bendru prašymu, paduotu santuokos pabaigą įregistravusiai civilinės metrikacijos įstaigai, santuoka gali būti atnaujinta.

4. Santuoka negali būti atnaujinta, jeigu kitas sutuoktinis sudarė naują santuoką arba yra kliūčių, numatytų šio kodekso 3.12–3.17 straipsniuose.

ANTRASIS SKIRSNIS SANTUOKOS NUTRAUKIMAS ABIEJŲ SUTUOKTINIŲ

BENDRU SUTIKIMU

3.51 straipsnis. Santuokos nutraukimo sąlygos 1. Sutuoktinių bendru sutikimu santuoka gali būti nutraukta, jeigu yra visos šios sąlygos: 1) nuo santuokos sudarymo yra praėję daugiau nei vieneri metai; 2) abu sutuoktiniai yra sudarę sutartį dėl santuokos nutraukimo pasekmių (turto

padalijimo, vaikų išlaikymo ir pan.); 3) abu sutuoktiniai yra visiškai veiksnūs. 2. Santuoka šio straipsnio numatytais atvejais nutraukiama supaprastinto proceso tvarka.

3.52 straipsnis. Prašymas nutraukti santuoką 1. Bendras sutuoktinių prašymas nutraukti santuoką paduodamas vieno iš sutuoktinių

gyvenamosios vietos apylinkės teismui. 2. Kartu su prašymu dėl santuokos nutraukimo sutuoktiniai turi pateikti sutartį dėl

santuokos nutraukimo pasekmių. 3. Prašyme turi būti nurodytos priežastys, dėl kurių, sutuoktinių manymu, jų santuoka

iširo.

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3.53 straipsnis. Santuokos nutraukimo tvarka 1. Teismas priima sprendimą santuoką nutraukti, jeigu įsitikina, kad santuoka faktiškai

iširo. Santuoka laikoma iširusia, jeigu sutuoktiniai kartu bendrai nebegyvena ir negalima tikėtis, kad jie vėl pradės gyventi kartu.

2. Preziumuojama, kad santuoka faktiškai iširo, jeigu daugiau nei metus sutuoktiniai netvarko bendro ūkio ir negyvena santuokinio gyvenimo.

3. Teismas, savo sprendimu nutraukdamas santuoką, patvirtina ir sutuoktinių pateiktą sutartį dėl santuokos nutraukimo pasekmių, kurioje sutuoktiniai turi aptarti savo nepilnamečių vaikų ir vienas kito išlaikymo, nepilnamečių vaikų gyvenamosios vietos ir dalyvavimo juos auklėjant klausimus bei kitas savo turtines teises ir pareigas. Sutarties turinys įtraukiamas į teismo sprendimą. Iš esmės pasikeitus aplinkybėms (vieno buvusio sutuoktinio liga, nedarbingumas ir kt.), buvę sutuoktiniai arba vienas iš jų gali kreiptis į teismą dėl santuokos nutraukimo pasekmių sutarties sąlygų pakeitimo.

4. Jeigu sutartis dėl santuokos nutraukimo pasekmių prieštarauja viešajai tvarkai ar iš esmės pažeidžia sutuoktinių nepilnamečių vaikų ar vieno sutuoktinio teises ir teisėtus interesus, teismas sutarties netvirtina, o bylą dėl santuokos nutraukimo sustabdo, kol sutuoktiniai sudarys naują sutartį. Jeigu per šešis mėnesius nuo bylos sustabdymo dienos sutuoktiniai neįvykdo teismo nurodymų dėl sutarties turinio, teismas prašymą palieka nenagrinėtą.

3.54 straipsnis. Sutuoktinių taikinimas 1. Teismas privalo imtis priemonių sutuoktiniams sutaikyti. 2. Vieno sutuoktinio prašymu arba savo iniciatyva teismas gali nustatyti ne ilgesnį kaip

šešių mėnesių terminą sutuoktiniams susitaikyti. Tokiu atveju santuokos nutraukimo byla sustabdoma. Byla atnaujinama praėjus teismo nustatytam terminui vieno iš sutuoktinių prašymu.

3. Jeigu per vienerius metus nuo susitaikymo termino pradžios nė vienas sutuoktinių nereikalauja nutraukti santuokos, prašymas dėl santuokos nutraukimo paliekamas nenagrinėtas.

4. Jeigu sutuoktiniai daugiau nei vienerius metus kartu bendrai nebegyvena arba termino susitaikyti nustatymas iš esmės prieštarautų vieno sutuoktinio ar jų vaikų interesams, taip pat kai abu sutuoktiniai reikalauja nagrinėti bylą iš esmės, terminas susitaikyti nenustatomas.

TREČIASIS SKIRSNIS SANTUOKOS NUTRAUKIMAS VIENO SUTUOKTINIO PRAŠYMU

3.55 straipsnis. Santuokos nutraukimo sąlygos 1. Santuoka vieno sutuoktinio prašymu, kuris paduodamas pareiškėjo gyvenamosios vietos

apylinkės teismui, gali būti nutraukta esant bent vienai iš šių sąlygų: 1) sutuoktiniai gyvena skyrium (separacija) daugiau nei vienerius metus; 2) vienas sutuoktinis pripažintas teismo sprendimu neveiksniu po santuokos sudarymo; 3) vienas sutuoktinis teismo sprendimu pripažintas nežinia kur esančiu; 4) vienas sutuoktinis atlieka laisvės atėmimo bausmę ilgiau nei vienerius metus už netyčinį

nusikaltimą. 2. Neveiksnaus sutuoktinio interesais prašymą dėl santuokos nutraukimo gali paduoti jo

globėjas, prokuroras arba globos ir rūpybos institucija.

3.56 straipsnis. Prašymo turinys 1. Prašyme turi būti nurodytas vienas iš šio kodekso 3.55 straipsnio 1 dalyje numatytų

santuokos nutraukimo pagrindų. 2. Prašyme taip pat privalo būti nurodyta, kaip pareiškėjas įvykdys savo pareigas kitam

sutuoktiniui ir nepilnamečiams vaikams. 3. Prašyme taip pat turi būti nurodyti Civilinio proceso kodekse numatyti duomenys.

3.57 straipsnis. Prašymo nagrinėjimas 1. Sutuoktinio prašymas dėl santuokos nutraukimo nagrinėjamas supaprastinto proceso

tvarka. 2. Jeigu byla nagrinėjama dėl santuokos nutraukimo pagal vieno sutuoktinio prašymą, šio

kodekso 3.54 straipsnyje numatytos taikinimo priemonės netaikomos.

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3. Teismas, atsižvelgdamas į vieno sutuoktinio amžių, santuokos trukmę, sutuoktinių nepilnamečių vaikų interesus, gali atsisakyti nutraukti santuoką, jeigu santuokos nutraukimas padarytų esminės turtinės ar neturtinės žalos vienam sutuoktiniui ar jų nepilnamečiams vaikams.

4. Kitas sutuoktinis arba jo globėjas turi teisę pareikšti, kad santuoka iširo dėl prašymą padavusio sutuoktinio kaltės, ir reikalauti, kad teismas santuoką nutrauktų dėl pareiškėjo kaltės. Jeigu tokį prašymą teismas pripažįsta pagrįstu, santuoka nutraukiama konstatuojant, kad ji iširo dėl santuokos nutraukimą inicijavusio sutuoktinio kaltės (šio kodekso 3.60 straipsnis).

3.58 straipsnis. Privalomas globos (rūpybos) institucijos dalyvavimas Jeigu vienas sutuoktinis yra neveiksnus, globos (rūpybos) institucija privalo pateikti

teismui išvadą dėl neveiksnaus sutuoktinio turtinių teisių užtikrinimo nutraukus santuoką.

3.59 straipsnis. Klausimai, kuriuos teismas išsprendžia nutraukdamas santuoką Teismas, nutraukdamas santuoką, turi išspręsti sutuoktinių nepilnamečių vaikų

gyvenamosios vietos ir jų išlaikymo, taip pat vieno sutuoktinio išlaikymo bei jų bendro turto padalijimo klausimus, išskyrus atvejus, kai turtas padalytas bendru sutuoktinių susitarimu, patvirtintu notarine tvarka.

KETVIRTASIS SKIRSNIS SANTUOKOS NUTRAUKIMAS DĖL SUTUOKTINIO

(SUTUOKTINIŲ) KALTĖS

3.60 straipsnis. Santuokos nutraukimo sąlygos 1. Sutuoktinis gali reikalauti nutraukti santuoką šiame skirsnyje nustatytais pagrindais,

jeigu ji faktiškai iširo dėl kito sutuoktinio kaltės. 2. Sutuoktinis pripažįstamas kaltu dėl santuokos iširimo, jeigu jis iš esmės pažeidė savo

kaip sutuoktinio pareigas, numatytas šioje knygoje, ir dėl to bendras sutuoktinių gyvenimas tapo negalimas.

3. Preziumuojama, kad santuoka iširo dėl kito sutuoktinio kaltės, jeigu jis yra nuteisiamas už tyčinį nusikaltimą arba yra neištikimas, arba žiauriai elgiasi su kitu sutuoktiniu ar šeimos nariais, arba paliko šeimą ir daugiau kaip vienerius metus visiškai ja nesirūpina.

3.61 straipsnis. Abiejų sutuoktinių kaltė 1. Sutuoktinis, kuriam pareikštas ieškinys dėl santuokos nutraukimo, gali prieštarauti dėl

savo kaltės ir nurodyti faktų, patvirtinančių, kad santuoka iširo dėl ieškovo kaltės. 2. Teismas, atsižvelgdamas į bylos aplinkybes, gali pripažinti, kad santuoka iširo dėl

abiejų sutuoktinių kaltės. 3. Pripažinus, kad santuoka iširo dėl abiejų sutuoktinių kaltės, atsiranda tos pačios

pasekmės, kaip ir nutraukus santuoką sutuoktinių bendru sutikimu (šio kodekso 3.51–3.54 straipsniai).

3.62 straipsnis. Santuokos nutraukimo tvarka 1. Santuoka dėl vieno sutuoktinio kaltės nutraukiama ieškinio teisenos tvarka. 2. Vieno sutuoktinio reikalavimu byla nagrinėjama uždarame teismo posėdyje. 3. Nagrinėjant santuokos nutraukimo bylą, mutatis mutandis taikomas šio kodekso 3.59

straipsnis.

3.63 straipsnis. Santuokos nutraukimo priežasčių nenurodymas teismo sprendime Abiejų sutuoktinių prašymu teismas, nutraukdamas santuoką, sprendime nenurodo

konkrečių faktų, patvirtinančių vieno ar abiejų sutuoktinių kaltę dėl santuokos nutraukimo, o tik konstatuoja, kad santuoka iširo dėl vieno ar abiejų sutuoktinių kaltės.

3.64 straipsnis. Sutuoktinių taikinimas 1. Teismas privalo imtis priemonių sutuoktiniams sutaikyti.

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2. Teismas privalo pasiūlyti sutuoktiniams taikiai išspręsti jų abiejų turtinius, vaikų išlaikymo ir auklėjimo klausimus, taip pat kitas santuokos nutraukimo pasekmes. Jeigu sutuoktiniai susitaria, taikomos šio kodekso 3.53 straipsnio 3 ir 4 dalys.

3. Teismas taiko šio kodekso 3.54 straipsnio 2 ir 3 dalyse numatytas priemones, išskyrus atvejus, kai jų taikymas gali pakenkti reikalaujančio nutraukti santuoką sutuoktinio arba sutuoktinių nepilnamečių vaikų interesams.

3.65 straipsnis. Laikinosios apsaugos priemonės 1. Teismas, atsižvelgdamas į sutuoktinių vaikų, taip pat į vieno sutuoktinio interesus, gali

taikyti laikinąsias jų apsaugos priemones, kol bus priimtas teismo sprendimas. 2. Teismas gali taikyti šias laikinąsias apsaugos priemones: 1) įpareigoti vieną sutuoktinį gyventi skyrium; 2) nustatyti nepilnamečių vaikų gyvenamąją vietą su vienu iš tėvų; 3) įpareigoti vieną sutuoktinį netrukdyti kitam sutuoktiniui naudotis tam tikru turtu; 4) priteisti iš vieno sutuoktinio laikiną išlaikymą nepilnamečiams vaikams ar kitam

sutuoktiniui; 5) areštuoti turtą, kol bus išspręstas jo priklausomybės nuosavybės teise vienam

sutuoktiniui klausimas, taip pat siekiant užtikrinti išlaikymo mokėjimą; 6) areštuoti vieno sutuoktinio turtą, kurio verte būtų galima užtikrinti teismo išlaidų

atlyginimą kitam sutuoktiniui; 7) uždrausti vienam sutuoktiniui matytis su nepilnamečiais vaikais ar lankytis tam tikrose

vietose. Straipsnio pakeitimai: Nr. X-1566, 2008-06-03, Žin., 2008, Nr. 68-2568 (2008-06-14)

PENKTASIS SKIRSNIS SANTUOKOS NUTRAUKIMO TEISINĖS PASEKMĖS

3.66 straipsnis. Santuokos nutraukimo momentas 1. Santuoka laikoma nutraukta nuo teismo sprendimo ją nutraukti įsiteisėjimo dienos. 2. Teismas per tris darbo dienas po teismo sprendimo nutraukti santuoką įsiteisėjimo

dienos privalo išsiųsti sprendimo kopiją teismo buvimo vietos civilinės metrikacijos įstaigai, kuri įregistruoja santuokos nutraukimo faktą.

3.67 straipsnis. Santuokos nutraukimo įtaka sutuoktinių turtinėms teisėms 1. Santuokos nutraukimas sutuoktinių turtinėms teisėms teisines pasekmes sukelia nuo

santuokos nutraukimo bylos iškėlimo. 2. Sutuoktinis, išskyrus tą, kuris buvo pripažintas kaltu dėl santuokos iširimo, gali prašyti,

kad teismas nustatytų, jog santuokos nutraukimas sutuoktinių turtinėms teisėms teisines pasekmes sukėlė nuo tos dienos, kai jie faktiškai nustojo kartu gyventi.

3.68 straipsnis. Sandorių, sudarytų po santuokos nutraukimo bylos iškėlimo, pripažinimas negaliojančiais

Sandoriai, susiję su sutuoktinių bendrąja jungtine nuosavybe, kuriuos sudarė vienas sutuoktinis po bylos dėl santuokos nutraukimo iškėlimo dienos, gali būti pripažinti negaliojančiais pagal kito sutuoktinio ieškinį, jeigu tas sutuoktinis įrodo, kad sandoris buvo sudarytas turint tikslą pažeisti jo turtines teises, o trečiasis asmuo buvo nesąžiningas.

3.69 straipsnis. Buvusių sutuoktinių pavardės 1. Sutuoktinis po santuokos nutraukimo gali pasilikti savo santuokinę arba iki santuokos

turėtą pavardę. 2. Jeigu santuoka buvo nutraukta dėl vieno sutuoktinio kaltės, tai kito sutuoktinio

reikalavimu teismas gali uždrausti kaltam dėl santuokos iširimo sutuoktiniui pasilikti santuokinę pavardę, išskyrus atvejus, kai sutuoktiniai turi bendrų vaikų.

3.70 straipsnis. Santuokos nutraukimo dėl vieno sutuoktinio kaltės teisinės pasekmės

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1. Jeigu santuoka nutraukta dėl vieno sutuoktinio kaltės, tai sutuoktinis, kaltas dėl santuokos nutraukimo, praranda tas teises, kurias įstatymai ar vedybų sutartis suteikia išsituokusiam asmeniui, įskaitant teisę į išlaikymą.

2. Kitas sutuoktinis turi teisę reikalauti iš kalto dėl santuokos nutraukimo sutuoktinio atlyginti turtinę žalą, susijusią su santuokos nutraukimu, taip pat ir neturtinę žalą, padarytą dėl santuokos nutraukimo. Ši nuostata netaikoma, jeigu santuoka nutraukta dėl abiejų sutuoktinių kaltės.

3. Kaltas dėl santuokos nutraukimo sutuoktinis, kai yra kito sutuoktinio reikalavimas, privalo grąžinti iš jo gautas dovanas, išskyrus vestuvinį žiedą, jeigu vedybų sutartyje nenumatyta kas kita.

4. Jeigu santuoka nutraukta dėl abiejų sutuoktinių kaltės, abu sutuoktiniai turi teisę reikalauti grąžinti vienas kitam dovanotus nekilnojamuosius daiktus, jeigu nuo dovanojimo sutarties sudarymo nėra praėję daugiau kaip dešimt metų ir nekilnojamasis daiktas nėra perleistas tretiesiems asmenims.

3.71 straipsnis. Teisės naudotis gyvenamąja patalpa išlikimas 1. Jeigu gyvenamoji patalpa yra vieno sutuoktinio nuosavybė, teismas savo sprendimu gali

nustatyti uzufruktą ir palikti joje gyventi kitą sutuoktinį, jeigu su juo po santuokos nutraukimo lieka gyventi nepilnamečiai vaikai.

2. Uzufruktas nustatomas, kol vaikas (vaikai) sulaukia pilnametystės. 3. Jeigu šeimos gyvenamoji patalpa buvo nuomojama, teismas gali perkelti nuomininko

teises sutuoktiniui, su kuriuo lieka gyventi nepilnamečiai vaikai arba kuris yra nedarbingas, o kitą sutuoktinį iškeldinti, jeigu jis yra įpareigotas gyventi skyrium.

3.72 straipsnis. Buvusių sutuoktinių tarpusavio išlaikymas 1. Teismas, priimdamas sprendimą dėl santuokos nutraukimo, priteisia išlaikymą to

reikalingam buvusiam sutuoktiniui, jeigu išlaikymo klausimai nenustatyti sutuoktinių sudarytoje sutartyje dėl santuokos nutraukimo pasekmių. Sutuoktinis neturi teisės į išlaikymą, jeigu jo turimas turtas ar gaunamos pajamos yra pakankami visiškai save išlaikyti.

2. Preziumuojama, kad sutuoktiniui reikalingas išlaikymas, jeigu jis augina bendrą savo ir buvusio sutuoktinio nepilnametį vaiką, yra nedarbingas dėl savo amžiaus ar sveikatos būklės.

3. Sutuoktinis, kuris dėl santuokos sudarymo ir bendrų šeimos interesų ar vaikų priežiūros negalėjo įgyti kvalifikacijos (baigti studijų), turi teisę reikalauti iš buvusio sutuoktinio atlyginti mokymosi baigimo ar savo perkvalifikavimo išlaidas.

4. Sutuoktinis, dėl kurio kaltės nutraukta santuoka, neturi teisės į išlaikymą. 5. Teismas, spręsdamas išlaikymo priteisimo ir jo dydžio klausimus, privalo atsižvelgti į

santuokos trukmę, išlaikymo reikalingumą, abiejų buvusių sutuoktinių turtinę padėtį, jų sveikatos būklę, amžių, taip pat į jų darbingumą, nedirbančio sutuoktinio įsidarbinimo galimybes bei kitas svarbias aplinkybes.

6. Išlaikymo dydis mažinamas ar priteisiamas tik laikinas išlaikymas arba atsisakoma priteisti išlaikymą, jeigu yra bent viena iš šių aplinkybių:

1) santuokos trukmė buvo ne ilgesnė kaip vieneri metai; 2) sutuoktinis, turintis teisę gauti išlaikymą, yra padaręs nusikaltimą kitam sutuoktiniui ar

jo artimiesiems giminaičiams; 3) sutuoktinis, turintis teisę gauti išlaikymą, savo sunkią materialinę padėtį sukūrė pats

savo kaltais veiksmais; 4) išlaikymo reikalaujantis sutuoktinis santuokos metu neprisidėjo prie bendro turto

gausinimo ar tyčia kenkė kito sutuoktinio ar šeimos interesams. 7. Teismas gali pareikalauti iš buvusio sutuoktinio, privalančio teikti išlaikymą kitam

sutuoktiniui, pateikti adekvatų šios prievolės įvykdymo užtikrinimą. 8. Išlaikymas priteisiamas nustatyto dydžio vienkartine pinigų suma arba periodinėmis

išmokomis (renta), mokamomis kas mėnesį, arba priteisiamas tam tikras turtas. 9. Kai santuoka nutraukta pagal vieno sutuoktinio prašymą dėl kito sutuoktinio

neveiksnumo, sutuoktinis, kurio iniciatyva buvo nutraukta santuoka, privalo atlyginti neveiksnaus buvusio sutuoktinio gydymo ir priežiūros išlaidas, jeigu jos nėra padengiamos iš valstybinio socialinio draudimo lėšų.

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10. Teismo sprendimas priteisti išlaikymą yra pagrindas steigti atsakovo turtui priverstinį įkeitimą (hipoteką). Jeigu buvęs sutuoktinis nemoka priteisto išlaikymo, išieškoma iš jo turto įstatymų nustatyta tvarka.

11. Jeigu išlaikymas buvo priteistas periodinėmis išmokomis, tai, iš esmės pasikeitus šio straipsnio 5 dalyje numatytoms aplinkybėms, bet kuris iš buvusių sutuoktinių gali reikalauti padidinti ar sumažinti išlaikymo dydį ar apskritai nutraukti išlaikymo mokėjimą. Periodinės išmokos mokamos iki kreditoriaus gyvos galvos ir kasmet indeksuojamos Vyriausybės nustatyta tvarka atsižvelgiant į infliaciją.

12. Kai buvęs sutuoktinis, iš kurio priteistas išlaikymas, miršta, pareiga mokėti išlaikymą pereina jo įpėdiniams, kiek leidžia paveldimas turtas, neatsižvelgiant į palikimo priėmimo būdą.

13. Kai buvęs sutuoktinis, kuriam priteistas išlaikymas, miršta arba sudaroma nauja santuoka, išlaikymo mokėjimas nutraukiamas. Mirties atveju teisė reikalauti įsiskolinimo ar dar nesumokėto išlaikymo pereina mirusiojo įpėdiniams. Nutraukus naują santuoką, įgyjama teisė reikalauti atnaujinti išlaikymo mokėjimą, jeigu išlaikymo reikalingas sutuoktinis augina vaiką iš ankstesnės santuokos arba prižiūri invalidą vaiką iš ankstesnės santuokos. Visais kitais atvejais sutuoktinio iš vėlesnės santuokos pareiga išlaikyti kitą sutuoktinį atsiranda pirmiau nei tokia sutuoktinio iš ankstesnės santuokos pareiga.

V SKYRIUS SUTUOKTINIŲ GYVENIMAS SKYRIUM (SEPARACIJA)

3.73 straipsnis. Prašymas dėl gyvenimo skyrium 1. Vienas sutuoktinis gali kreiptis su prašymu į teismą dėl gyvenimo skyrium patvirtinimo,

jeigu dėl tam tikrų aplinkybių, nors ir nepriklausančių nuo kito sutuoktinio, bendras jų gyvenimas tapo netoleruotinas (neįmanomas) arba gali iš esmės pakenkti jų nepilnamečių vaikų interesams, arba sutuoktiniai nesuinteresuoti tęsti bendrą gyvenimą.

2. Abu sutuoktiniai gali kreiptis su bendru prašymu į teismą dėl gyvenimo skyrium patvirtinimo, jeigu dėl gyvenimo skyrium pasekmių jie yra sudarę sutartį, kurioje numato nepilnamečių vaikų gyvenamosios vietos, jų išlaikymo ir auklėjimo, taip pat sutuoktinių turto padalijimo ir tarpusavio išlaikymo klausimus.

3.74 straipsnis. Priešiniai reikalavimai 1. Sutuoktinis, prieš kurį paduotas prašymas dėl gyvenimo skyrium, turi teisę paduoti

priešinį reikalavimą dėl santuokos nutraukimo. 2. Sutuoktinis, kuriam yra iškelta byla dėl santuokos nutraukimo, turi teisę pareikšti

priešinį reikalavimą dėl gyvenimo skyrium. 3. Jeigu vienas sutuoktinis reikalauja santuoką nutraukti, o kitas sutuoktinis reikalauja

patvirtinti gyvenimą skyrium, teismas gali santuoką nutraukti pripažindamas, kad ji nutrūko dėl abiejų ar vieno sutuoktinio kaltės, arba nustatyti sutuoktinių gyvenimą skyrium.

3.75 straipsnis. Bylos dėl sutuoktinių gyvenimo skyrium nagrinėjimas 1. Byla dėl sutuoktinių gyvenimo skyrium nagrinėjama ieškinio teisenos tvarka. 2. Teismas, atsižvelgdamas į sutuoktinių nepilnamečių vaikų, taip pat į vieno sutuoktinio

interesus, privalo imtis priemonių sutuoktiniams sutaikyti (šio kodekso 3.54 straipsnis). 3. Teismas prireikus gali taikyti šio kodekso 3.65 straipsnyje nurodytas laikinąsias

apsaugos priemones.

3.76 straipsnis. Klausimai, išsprendžiami priimant sprendimą dėl gyvenimo skyrium 1. Teismas, priimdamas sprendimą dėl sutuoktinių gyvenimo skyrium, privalo nustatyti, su

kuriuo iš jų lieka gyventi jų nepilnamečiai vaikai, taip pat išspręsti vaikų išlaikymo ir skyrium gyvenančio tėvo (motinos) dalyvavimo auklėjant vaikus klausimus.

2. Jeigu yra svarbių priežasčių, teismas gali laikinai nustatyti vaikų gyvenamąją vietą pas kitus asmenis ar vaikų globos (rūpybos) institucijoje.

3. Sprendžiant klausimą, kuriam iš sutuoktinių tikslinga palikti teisę gyventi šeimos gyvenamojoje patalpoje, pirmenybė turi būti teikiama tam sutuoktiniui, su kuriuo lieka gyventi nepilnamečiai vaikai ar kuris yra nedarbingas.

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4. Kai sutuoktiniai yra sudarę sutartį dėl gyvenimo skyrium pasekmių (šio kodekso 3.73 straipsnio 2 dalis), teismas šią sutartį patvirtina, jeigu sutartis neprieštarauja viešajai tvarkai ar iš esmės nepažeidžia nepilnamečių vaikų ar vieno sutuoktinio teisių ir teisėtų interesų. Patvirtinęs sutartį, teismas jos turinį įrašo į sprendimą.

5. Jeigu po teismo sprendimo įsiteisėjimo iš esmės pasikeičia aplinkybės, reikšmingos sprendžiant sutuoktinių gyvenimo skyrium klausimus, bet kuris sutuoktinis turi teisę reikalauti, kad teismas apsvarstytų ankstesnį sprendimą ir, atsižvelgdamas į iš esmės pasikeitusias aplinkybes, šio straipsnio 1 dalyje išvardytus klausimus išspręstų kitaip.

3.77 straipsnis. Gyvenimo skyrium teisinės pasekmės 1. Kai teismas priima sprendimą dėl gyvenimo skyrium, baigiasi sutuoktinių bendras

gyvenimas, tačiau kitos sutuoktinių teisės ir pareigos išlieka, išskyrus šio kodekso numatytas išimtis.

2. Gyvenimas skyrium neturi įtakos sutuoktinių teisėms ir pareigoms jų nepilnamečiams vaikams, išskyrus šio kodekso numatytas išimtis.

3. Priimdamas sprendimą dėl sutuoktinių gyvenimo skyrium, visais atvejais teismas privalo išspręsti sutuoktinių bendro turto padalijimo klausimus, jeigu šie klausimai nenustatyti sutuoktinių vedybų sutartyje.

4. Gyvenimas skyrium sutuoktinių turtinėms teisėms teisines pasekmes sukelia nuo bylos iškėlimo. Tačiau sutuoktinis, išskyrus tą, kuris buvo pripažintas kaltu dėl gyvenimo skyrium, gali prašyti, kad teismas nustatytų, jog gyvenimas skyrium sutuoktinių turtinėms teisėms teisines pasekmes sukėlė nuo tos dienos, kai jie faktiškai nustojo kartu gyventi.

5. Jeigu po teismo sprendimo dėl sutuoktinių gyvenimo skyrium vienas jų miršta, tai pergyvenęs sutuoktinis išsaugo visas teises, kurias įstatymai suteikia pergyvenusiam sutuoktiniui, išskyrus atvejus, kai pergyvenęs sutuoktinis teismo sprendimu yra pripažintas kaltu dėl gyvenimo skyrium. Ta pati taisyklė taikoma ir kai sprendimą dėl gyvenimo skyrium priima teismas pagal bendrą abiejų sutuoktinių prašymą, jeigu sutuoktinių sutartyje nenumatyta ko kita. Tačiau pergyvenęs sutuoktinis negali paveldėti mirusio sutuoktinio turto.

3.78 straipsnis. Sutuoktinių tarpusavio išlaikymas 1. Teismas, priimdamas sprendimą dėl sutuoktinių gyvenimo skyrium, gali priteisti

išlaikymo reikalingam sutuoktiniui išlaikymą iš kito sutuoktinio, dėl kurio kaltės buvo pradėta gyventi skyrium, jeigu išlaikymo klausimai nenustatyti sutuoktinių sudarytoje sutartyje.

2. Teismas, spręsdamas išlaikymo priteisimo ir jo dydžio klausimus, privalo atsižvelgti į santuokos trukmę, išlaikymo reikalingumą, abiejų sutuoktinių turtinę padėtį, jų sveikatos būklę, amžių, taip pat į jų darbingumą, nedirbančio sutuoktinio įsidarbinimo galimybes bei kitas svarbias aplinkybes.

3. Teismas gali nustatyti, kad sutuoktinis, privalantis teikti išlaikymą kitam sutuoktiniui, pateiktų šios prievolės įvykdymo užtikrinimą.

4. Išlaikymas priteisiamas nustatyto dydžio vienkartine pinigų suma arba periodinėmis išmokomis (renta), mokamomis kas mėnesį, arba priteisiamas tam tikras turtas.

5. Teismo sprendimas priteisti išlaikymą yra pagrindas steigti atsakovo turtui priverstinį įkeitimą (hipoteką). Jeigu sutuoktinis nemoka iš jo priteisto išlaikymo, išieškoma iš jo turto įstatymų nustatyta tvarka.

6. Jeigu išlaikymas buvo priteistas periodinėmis išmokomis, tai, iš esmės pasikeitus šio straipsnio 2 dalyje numatytoms aplinkybėms, bet kuris sutuoktinių gali reikalauti padidinti ar sumažinti išlaikymo dydį ar apskritai nutraukti išlaikymo mokėjimą. Periodinės išmokos kasmet indeksuojamos Vyriausybės nustatyta tvarka.

3.79 straipsnis. Gyvenimo skyrium pabaiga 1. Gyvenimas skyrium baigiasi, jeigu sutuoktiniai vėl pradeda kartu gyventi ir bendras

gyvenimas patvirtina jų ketinimą kartu gyventi nuolat. Gyvenimas skyrium baigiasi, kai teismas priima sprendimą, kuriuo patenkinamas bendras sutuoktinių prašymas dėl gyvenimo skyrium pabaigos ir kuriuo panaikinamas ankstesnis teismo sprendimas dėl gyvenimo skyrium.

2. Sutuoktiniams atnaujinus bendrą gyvenimą, jų turtas lieka atskirtas tol, kol jie sudaro naują vedybų sutartį ir pasirenka naują turto teisinį režimą.

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3. Gyvenimo skyrium pabaiga tretiesiems asmenims sukelia teisines pasekmes tik tuo atveju, jeigu sutuoktiniai sudaro naują vedybų sutartį ir ją įregistruoja šio kodekso 3.103 straipsnyje numatyta tvarka.

4. Jeigu sutuoktinių gyvenimas skyrium tęsiasi daugiau kaip vienerius metus po teismo sprendimo įsiteisėjimo, bet kuris sutuoktinis gali reikalauti santuoką nutraukti šio kodekso 3.55 straipsnio 1 dalies 1 punkte numatytu pagrindu.

3.80 straipsnis. Privalomas valstybinės vaikų teisių apsaugos institucijos dalyvavimas Jeigu sutuoktiniai turi bendrų nepilnamečių vaikų, tai valstybinė vaiko teisių apsaugos

institucija privalo dalyvauti nagrinėjant tokią bylą ir pateikti išvadą, ar, sprendžiant gyvenimo skyrium klausimus, nebus pažeistos vaikų teisės.

III DALIS SUTUOKTINIŲ TURTINĖS TEISĖS IR PAREIGOS

VI SKYRIUS SUTUOKTINIŲ TURTO TEISINIS REŽIMAS

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

3.81 straipsnis. Sutuoktinių turto teisinio režimo rūšys 1. Skiriamas pagal įstatymus ir pagal sutartis nustatytas sutuoktinių turto teisinis režimas. 2. Įstatymų nustatytą sutuoktinių turto teisinį režimą reglamentuoja šio kodekso 3.87–

3.100 straipsniai. 3. Sutarčių nustatytą sutuoktinių turto teisinį režimą reglamentuoja šio kodekso 3.101–

3.108 straipsniai.

3.82 straipsnis. Įstatymų nustatyto turto teisinio režimo taikymas Jeigu sutuoktiniai nėra sudarę vedybų sutarties, jų turtui taikomas įstatymų nustatytas turto

teisinis režimas.

3.83 straipsnis. Sutuoktinių teisė nustatyti turto teisinį režimą pagal vedybų sutartį 1. Sutuoktiniai, sudarydami vedybų sutartį, turi teisę savo nuožiūra nustatyti savo turto

teisinį režimą. 2. Vedybų sutarties sąlygos, prieštaraujančios imperatyvioms įstatymų normoms, gerai

moralei arba viešajai tvarkai, yra niekinės ir negalioja.

3.84 straipsnis. Šeimos turtas 1. Neatsižvelgiant į tai, kurio sutuoktinio nuosavybė iki santuokos sudarymo buvo ar po

jos sudarymo yra šio straipsnio 2 dalyje numatytas turtas, jis yra pripažįstamas šeimos turtu. Šeimos turtas turi būti naudojamas tik bendriems šeimos poreikiams tenkinti.

2. Šeimos turtas yra šis turtas, nuosavybės teise priklausantis vienam arba abiem sutuoktiniams:

1) šeimos gyvenamoji patalpa; 2) kilnojamieji daiktai, skirti šeimos namų ūkio poreikiams tenkinti, įskaitant baldus. 3. Šeimos turtu taip pat pripažįstama teisė naudotis šeimos gyvenamąja patalpa. 4. Šio straipsnio 2 ir 3 dalyse nurodytas turtas įgyja šeimos turto teisinį statusą nuo

santuokos įregistravimo dienos, tačiau sutuoktiniai gali panaudoti šį faktą prieš sąžiningus trečiuosius asmenis tik tada, jeigu nekilnojamasis daiktas yra įregistruotas viešame registre kaip šeimos turtas.

3.85 straipsnis. Šeimos turto teisinis režimas 1. Šio kodekso 3.84 straipsnio 2 dalyje nurodytas turtas, kuris yra vieno sutuoktinio

asmeninė nuosavybė, gali būti naudojamas, valdomas ar juo gali būti disponuojama tik šio straipsnio nustatyta tvarka.

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2. Sutuoktinis, kuris yra nekilnojamojo daikto, priskirto šeimos turtui, savininkas, gali perleisti nuosavybės teisę į jį, įkeisti ar kitaip suvaržyti teises į jį tik gavęs kito sutuoktinio rašytinį sutikimą. Jeigu sutuoktiniai turi nepilnamečių vaikų, nekilnojamojo daikto, kuris yra šeimos turtas, sandoriams sudaryti būtinas teismo leidimas.

3. Iš šeimos turto negali būti išieškoma pagal kreditorių reikalavimus, jeigu kreditoriai žinojo arba turėjo žinoti, kad sandorio sudarymas nesusijęs su šeimos poreikių tenkinimu ir prieštarauja šeimos interesams.

4. Sutuoktiniai sutartimi negali pakeisti šeimos turto teisinio režimo ar jo sudėties.

3.86 straipsnis. Šeimos turto teisinio režimo pabaiga 1. Šeimos turto teisinis režimas pasibaigia nutraukus santuoką, ją pripažinus negaliojančia

ar sutuoktiniams pradėjus gyventi skyrium. 2. Sutuoktiniui, su kuriuo gyventi lieka nepilnamečiai vaikai, teismo sprendimu gali būti

suteikiama teisė naudotis šeimos turtu ar jo dalimi (uzufruktas). Uzufruktas nustatomas, kol vaikai sulaukia pilnametystės.

3. Jeigu sutuoktiniai šeimos gyvenamąją patalpą nuomojosi, teismas gali perkelti nuomininko teises sutuoktiniui, su kuriuo gyventi lieka nepilnamečiai vaikai ar kuris yra nedarbingas.

4. Namų apyvokos daiktus, skirtus šeimos namų ūkio poreikiams tenkinti, teismas gali priteisti sutuoktiniui, kuris lieka gyventi šeimos gyvenamojoje patalpoje kartu su nepilnamečiais vaikais.

ANTRASIS SKIRSNIS ĮSTATYMŲ NUSTATYTAS SUTUOKTINIŲ TURTO TEISINIS REŽIMAS

3.87 straipsnis. Įstatymų nustatyto sutuoktinių turto teisinio režimo esmė 1. Įstatymų nustatytas sutuoktinių turto teisinis režimas reiškia, kad turtas, sutuoktinių

įgytas po santuokos sudarymo, yra jų bendroji jungtinė nuosavybė. 2. Sutuoktinių turtas yra jų bendroji jungtinė nuosavybė, kol jis nėra padalytas arba kol

bendrosios jungtinės nuosavybės teisė nėra pasibaigusi kitokiu būdu.

3.88 straipsnis. Bendroji jungtinė sutuoktinių nuosavybė 1. Bendrąja jungtine sutuoktinių nuosavybe pripažįstama: 1) turtas, įgytas po santuokos sudarymo abiejų sutuoktinių ar vieno jų vardu; 2) pajamos ir vaisiai, gauti iš sutuoktinio asmenine nuosavybe esančio turto; 3) pajamos, gautos iš abiejų sutuoktinių bendros veiklos, ir pajamos, gautos iš vieno

sutuoktinio veiklos, išskyrus lėšas, būtinas sutuoktinio profesinei veiklai; 4) įmonė ir iš jos veiklos arba kitokio verslo gaunamos pajamos, jeigu verslu abu

sutuoktiniai pradėjo verstis po santuokos sudarymo. Jeigu iki santuokos sudarymo įmonė nuosavybės teise priklausė vienam sutuoktiniui, tai bendroji jungtinė sutuoktinių nuosavybė po santuokos sudarymo yra iš įmonės veiklos ar kitokio verslo gautos pajamos ir įmonės (verslo) vertės padidėjimas;

5) pajamos, gautos po santuokos sudarymo iš sutuoktinių ar vieno jų darbinės ar intelektinės veiklos, dividendai, taip pat pensijos, pašalpos bei kitokios išmokos, išskyrus tikslinės paskirties išmokas (žalos, padarytos dėl sveikatos sužalojimo, taip pat neturtinės žalos atlyginimas, gauta tikslinė materialinė parama, skirta tik vienam sutuoktiniui, ir kita).

2. Preziumuojama, kad turtas yra sutuoktinių bendroji jungtinė nuosavybė, kol nėra įrodyta, kad turtas yra vieno sutuoktinio asmeninė nuosavybė.

3. Turto, kuris yra bendroji jungtinė sutuoktinių nuosavybė, savininkai viešame registre turi būti nurodyti abu sutuoktiniai. Kai turtas įregistruotas tik vieno sutuoktinio vardu, jis pripažįstamas kaip bendroji jungtinė nuosavybė, jeigu registre jis nurodytas kaip bendroji jungtinė nuosavybė.

4. Jeigu privatus pensijų fondas yra sukauptas iš bendrų sutuoktinių lėšų, ištuokos atveju kitas sutuoktinis turi teisę reikalauti, kad jam būtų pripažinta teisė į pusę šio pensijos fondo.

3.89 straipsnis. Asmeninė sutuoktinių nuosavybė

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1. Asmenine sutuoktinių nuosavybe pripažįstamas turtas: 1) abiejų sutuoktinių atskirai įgytas iki santuokos sudarymo; 2) sutuoktiniui dovanotas ar jo paveldėtas po santuokos sudarymo, jeigu dovanojimo

sutartyje ar testamente nėra nurodyta, kad turtas perduodamas bendrojon jungtinėn sutuoktinių nuosavybėn;

3) sutuoktinių asmeninio naudojimo daiktai (avalynė, drabužiai, profesinės veiklos įrankiai);

4) intelektinės ir pramoninės nuosavybės teisės, išskyrus pajamas, gaunamas iš intelektinės veiklos;

5) lėšos ir daiktai, reikalingi asmeniniam sutuoktinio verslui, išskyrus lėšas ir daiktus, skirtus verslui, kuriuo verčiasi abu sutuoktiniai bendrai;

6) lėšos, vieno sutuoktinio gautos kaip žalos atlyginimas ar kitokia kompensacija už žalą, padarytą dėl sveikatos sužalojimo, ir neturtinę žalą, tikslinė materialinė parama ir kitokios išmokos, išimtinai susijusios tik su jas gavusio sutuoktinio asmeniu, teisės, kurių negalima perleisti kitiems asmenims;

7) sutuoktinio įgytas turtas už asmenines lėšas arba lėšas, gautas realizavus jo asmenine nuosavybe esantį turtą, jeigu to turto įgijimo metu buvo aiškiai išreikšta sutuoktinio valia įgyti turtą asmeninėn nuosavybėn.

2. Faktas, kad tam tikras turtas priklauso asmeninei vieno sutuoktinio nuosavybei, gali būti įrodytas tik rašytiniais įrodymais, išskyrus atvejus, kai įstatymas leidžia liudytojų parodymus arba to turto prigimtis ir pobūdis patys savaime įrodo, kad turtas yra vieno sutuoktinio asmeninė nuosavybė.

3. Asmeninis turtas, kurį vienas sutuoktinis laikinai perduoda kitam sutuoktiniui pastarojo asmeniniams poreikiams tenkinti, išlieka turtą perdavusio sutuoktinio asmeninė nuosavybė.

3.90 straipsnis. Turto, kuris yra asmeninė sutuoktinių nuosavybė, pripažinimas bendrąja jungtine sutuoktinių nuosavybe

1. Turtas, kuris yra vieno sutuoktinio asmeninė nuosavybė, gali būti teismo pripažintas sutuoktinių bendrąja jungtine nuosavybe, jeigu nustatoma, kad santuokos metu šis turtas buvo iš esmės pagerintas sutuoktinių bendromis lėšomis arba kito sutuoktinio lėšomis ar darbu (kapitalinis remontas, rekonstrukcija, pertvarkymas ir kita).

2. Jeigu sutuoktinis, įsigydamas turtą savo asmeniniams poreikiams tenkinti, naudoja ir lėšas, kurios yra bendroji jungtinė sutuoktinių nuosavybė, teismas įsigytą turtą gali pripažinti bendrąja jungtine sutuoktinių nuosavybe, jeigu tam turtui įsigyti panaudotos lėšos, kurios yra bendroji jungtinė sutuoktinių nuosavybė, viršijo panaudotas lėšas, kurios yra asmeninė sutuoktinio nuosavybė.

3.91 straipsnis. Įmonė (ūkis, verslas) Turtas, skirtas funkcionuoti įmonei (ūkiui, verslui), kurią įsteigė vienas sutuoktinis po

santuokos sudarymo, taip pat įmonės (ūkio, verslo), įsteigtos vieno sutuoktinio iki santuokos sudarymo, pajamos, išskyrus lėšas, būtinas asmeninei sutuoktinio įmonei (ūkiui, verslui) funkcionuoti, yra bendroji jungtinė nuosavybė, jeigu šis turtas ar pajamos yra santuokos nutraukimo momentu.

3.92 straipsnis. Turto, kuris yra bendroji jungtinė sutuoktinių nuosavybė, valdymas, naudojimas ir disponavimas juo

1. Turtu, kuris yra bendroji jungtinė nuosavybė, sutuoktiniai naudojasi, jį valdo ir juo disponuoja bendru sutarimu.

2. Kito sutuoktinio sutikimas nereikalingas, kai: 1) priimamas palikimas ar atsisakoma jį priimti; 2) atsisakoma sudaryti sutartį; 3) imamasi neatidėliotinų priemonių bendram turtui apsaugoti; 4) pareiškiamas ieškinys dėl bendrosios jungtinės sutuoktinių nuosavybės gynimo; 5) pareiškiamas ieškinys dėl savo teisių, susijusių su bendru turtu, gynimo arba savo

asmeninių teisių, nesusijusių su šeimos interesais, gynimo.

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3. Preziumuojama, kad sutuoktinis sandorius sudaro, kai yra kito sutuoktinio sutikimas, išskyrus atvejus, kai sandoriui sudaryti reikalingas rašytinis kito sutuoktinio sutikimas. Išimtiniais atvejais, kai delsimas padarytų esminės žalos šeimos interesams, o kitas sutuoktinis negali išreikšti savo sutikimo dėl ligos ar kitų objektyvių priežasčių, sandorį sutuoktinis gali sudaryti be kito sutuoktinio sutikimo šio kodekso 3.32 straipsnio 2 dalyje numatyta tvarka.

4. Sandorius, susijusius su bendrąja jungtine sutuoktinių nuosavybe esančio nekilnojamojo daikto ar daiktinių teisių į jį disponavimu ar jų suvaržymu, taip pat sandorius dėl bendros įmonės perleidimo ar teisių į ją suvaržymo bei vertybinių popierių, kurie yra bendroji jungtinė sutuoktinių nuosavybė, perleidimo ar teisių į juos suvaržymo gali sudaryti tik abu sutuoktiniai, išskyrus tuos atvejus, kai vienas iš sutuoktinių turi kito sutuoktinio išduotą įgaliojimą tokį sandorį sudaryti.

5. Kiekvienas sutuoktinis turi teisę be kito sutuoktinio sutikimo atidaryti banko depozitinę sąskaitą savo vardu ir laisvai disponuoti joje esančiomis lėšomis, jeigu tos piniginės lėšos nebuvo perduotos bendrojon jungtinėn nuosavybėn.

6. Jeigu sandoris yra sudarytas be kito sutuoktinio sutikimo, tai sutikimo sudaryti sandorį nedavęs sutuoktinis gali tokį sandorį patvirtinti per vieną mėnesį nuo tos dienos, kai sužinojo apie sandorį. Iki sandorio patvirtinimo momento kita šalis gali sandorio atsisakyti. Jeigu per vieną mėnesį sutuoktinis sandorio nepatvirtina, pripažįstama, kad sandoris yra sudarytas be kito sutuoktinio sutikimo. Jeigu kita sandorio šalis žinojo, kad asmuo, su kuriuo jis sudaro sandorį, yra sudaręs santuoką, tai sandorio ji gali atsisakyti tik tuo atveju, jeigu sutuoktinis melagingai pareiškė, kad kito sutuoktinio sutikimas sudaryti sandorį yra.

3.93 straipsnis. Leidimas sudaryti sandorius 1. Jeigu vienas sutuoktinis kitam neduoda sutikimo sudaryti sandorį, kuriam reikalingas

sutuoktinio sutikimas, tai suinteresuotas sutuoktinis gali kreiptis į teismą prašydamas teismo leidimo tokį sandorį sudaryti.

2. Teismas duoda leidimą sudaryti sandorį tik tuo atveju, jeigu suinteresuotas sutuoktinis įrodo, kad sandoris yra būtinas šeimos arba bendro sutuoktinių verslo poreikiams tenkinti.

3.94 straipsnis. Įgaliojimas tvarkyti turtą 1. Vienas sutuoktinis gali įgalioti kitą sutuoktinį savo nuožiūra valdyti, naudoti turtą, kuris

yra jų bendroji jungtinė nuosavybė, ar disponuoti tokiu turtu. 2. Jeigu vienas sutuoktinis yra išvykęs arba dėl kitų svarbių priežasčių negali kartu tvarkyti

bendro turto, kitas sutuoktinis gali kreiptis į teismą, prašydamas teismo leidimo vienam tvarkyti tokį turtą.

3. Jeigu sutuoktinis, kuris vienas tvarko turtą, kuris yra bendroji jungtinė sutuoktinių nuosavybė, tą daro aplaidžiai ar neprotingai ir nerūpestingai, tai jis privalo kompensuoti iš savo asmeninio turto nuostolius, kurie atsirado dėl jo kaltės.

4. Turto tvarkymui mutatis mutandis taikomos šio kodekso ketvirtosios knygos normos, reglamentuojančios kito asmens turto administravimą.

3.95 straipsnis. Nušalinimas 1. Jeigu vienas sutuoktinis negali tvarkyti bendro turto ar jį tvarko nuostolingai, kitas

sutuoktinis gali kreiptis į teismą prašydamas nušalinti pirmąjį nuo turto tvarkymo. Teismas tokį sutuoktinio prašymą tenkina, jeigu pareiškėjas įrodo, kad tai yra būtina šeimos ar bendro sutuoktinių verslo poreikiams užtikrinti.

2. Sutuoktinis, kurį teismas buvo nušalinęs nuo turto tvarkymo, išnykus aplinkybėms, dėl kurių jis buvo nušalintas, gali kreiptis į teismą reikalaudamas, kad jam vėl būtų leista tvarkyti bendrą turtą.

3.96 straipsnis. Sandorių nuginčijimas 1. Sandoriai, sudaryti be kito sutuoktinio sutikimo ir vėliau jo nepatvirtinti, gali būti

nuginčyti pagal sutikimo nedavusio sutuoktinio ieškinį per vienerius metus nuo tos dienos, kai jis sužinojo apie tokį sandorį, jeigu įrodoma, kad kita sandorio šalis buvo nesąžininga.

2. Sandoriai, kuriems sudaryti buvo būtinas rašytinis kito sutuoktinio sutikimas arba kurie galėjo būti sudaryti tik abiejų sutuoktinių (šio kodekso 3.92 straipsnio 4 dalis), gali būti pripažinti negaliojančiais, nesvarbu, ar kita sandorio šalis yra sąžininga ar nesąžininga, išskyrus atvejus, kai

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vienas arba abu sutuoktiniai sudarydami sandorį panaudojo apgaulę arba kai jie valstybės registrus tvarkančioms ar kitoms institucijoms ar pareigūnams suteikė neteisingų duomenų. Tokiais atvejais sandoris gali būti pripažintas negaliojančiu tik tada, jei kita sandorio šalis yra nesąžininga.

3.97 straipsnis. Turto, kuris yra asmeninė vieno sutuoktinio nuosavybė, tvarkymas 1. Turtu, kuris yra asmeninė vieno sutuoktinio nuosavybė, šis sutuoktinis naudojasi, jį

valdo bei juo disponuoja savo nuožiūra. Turto, kurį šis kodeksas pripažįsta šeimos turtu, valdymui, naudojimui ir disponavimui juo taikomi šioje knygoje nustatyti apribojimai.

2. Jeigu vienas sutuoktinis turtą, kuris yra jo asmeninė nuosavybė, tvarko aplaidžiai ar taip neprotingai ir nerūpestingai, jog kyla grėsmė šeimos interesams dėl to, kad tas turtas gali būti prarastas ar iš esmės sumažėti, tai kitas sutuoktinis turi teisę kreiptis į teismą reikalaudamas skirti sutuoktinio turtui administratorių. Administratoriumi gali būti skiriamas ir sutuoktinis, pareiškęs tokį reikalavimą.

3. Išnykus aplinkybėms, dėl kurių turtui buvo paskirtas administratorius, bet kuris sutuoktinis gali kreiptis į teismą dėl turto administravimo panaikinimo.

4. Vienas sutuoktinis turi teisę įgalioti kitą sutuoktinį tvarkyti turtą, kuris yra jo (pirmojo sutuoktinio) asmeninė nuosavybė. Tokiu atveju sutuoktinių tarpusavio turtiniams santykiams taikomos šio kodekso antrosios knygos normos, reglamentuojančios atstovavimo teisinius santykius.

5. Jeigu dėl ligos ar kitų objektyvių priežasčių vienas sutuoktinis negali savarankiškai tvarkyti savo turto ir prisidėti prie šeimos namų ūkio išlaikymo, kitas sutuoktinis turi teisę naudoti šeimos namų ūkiui išlaikyti negalinčio savarankiškai tvarkyti savo turto sutuoktinio asmenines lėšas ir turtą. Ši taisyklė netaikoma, jeigu sutuoktiniai gyvena skyrium ar sutuoktinio, kuris negali savarankiškai tvarkyti savo turto ir prisidėti prie šeimos namų ūkio, turtui yra paskirtas administravimas.

3.98 straipsnis. Teisė į kompensaciją 1. Jeigu prijungus turtą, kuris yra sutuoktinio asmeninė nuosavybė, padidėjo turto, kuris

yra bendroji jungtinė sutuoktinių nuosavybė, vertė, tai sutuoktinis, dėl kurio asmenine nuosavybe esančio turto padidėjo turto vertė, turi teisę gauti kompensaciją iš bendro turto.

2. Sutuoktinis turi teisę į kompensaciją taip pat tais atvejais, kai turtui, kuris yra bendroji jungtinė sutuoktinių nuosavybė, įsigyti buvo panaudotos ir asmeninės sutuoktinio lėšos.

3. Kiekvienas sutuoktinis privalo kompensuoti bendrosios jungtinės sutuoktinių nuosavybės sumažėjimą, jeigu jis bendrą turtą naudojo tikslams, nesusijusiems su šio kodekso 3.109 straipsnyje numatytų prievolių vykdymu, išskyrus atvejus, kai jis įrodo, kad turtas buvo panaudotas šeimos poreikiams tenkinti.

4. Šiame straipsnyje numatytos kompensacijos išmokamos, kai baigiasi bendroji jungtinė sutuoktinių nuosavybė.

3.99 straipsnis. Sutuoktinių dovanos 1. Sutuoktiniai turi teisę dovanoti vienas kitam turtą pagal šio kodekso šeštosios knygos

normas, reglamentuojančias dovanojimo sutartį. 2. Dovanotojo kreditoriams nekilnojamojo daikto dovanojimo sutartis sukelia teisines

pasekmes tik įregistravus šią sutartį viešame registre. 3. Apdovanotasis sutuoktinis atsako dovanotojo kreditoriams už dovanotojo prievoles,

egzistavusias dovanojimo sutarties sudarymo momentu, tačiau tik dovanoto turto verte. Jeigu dovanotas turtas žuvo ne dėl apdovanotojo sutuoktinio kaltės, jo pareiga įvykdyti dovanotojo prievoles pasibaigia.

3.100 straipsnis. Bendrosios jungtinės sutuoktinių nuosavybės pabaigos pagrindai Bendroji jungtinė sutuoktinių nuosavybė pasibaigia šiais pagrindais: 1) mirus vienam iš sutuoktinių; 2) vieną sutuoktinį paskelbus mirusiu ar pripažinus nežinia kur esančiu; 3) pripažinus santuoką negaliojančia; 4) nutraukus santuoką; 5) sutuoktiniams pradėjus gyventi skyrium (separacija);

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6) teismo sprendimu padalijus bendrą turtą; 7) sutuoktinių susitarimu pakeitus įstatymų nustatytą turto teisinį režimą; 8) kitais įstatymų nustatytais atvejais.

TREČIASIS SKIRSNIS PAGAL SUTARTĮ NUSTATYTAS SUTUOKTINIŲ

TURTO TEISINIS REŽIMAS

3.101 straipsnis. Vedybų sutartis Vedybų sutartis yra sutuoktinių susitarimas, nustatantis jų turtines teises ir pareigas

santuokos metu, taip pat po santuokos nutraukimo ar gyvenant skyrium (separacija).

3.102 straipsnis. Vedybų sutarties sudarymas 1. Vedybų sutartis gali būti sudaryta iki santuokos įregistravimo (ikivedybinė sutartis) arba

bet kuriuo metu po santuokos įregistravimo (povedybinė sutartis). 2. Vedybų sutartis, sudaryta iki santuokos įregistravimo, įsigalioja nuo santuokos

įregistravimo dienos. Povedybinė sutartis įsigalioja nuo jos sudarymo, jei sutartyje nenustatyta kitaip.

3. Nepilnametis gali sudaryti vedybų sutartį tik po santuokos įregistravimo. 4. Sutuoktinis, kuris teismo sprendimu pripažintas ribotai veiksniu, gali sudaryti vedybų

sutartį tik tada, kai yra rašytinis jo rūpintojo sutikimas. Jeigu rūpintojas sutikimo neduoda, sutuoktinio prašymu leidimą sudaryti vedybų sutartį gali duoti teismas.

3.103 straipsnis. Vedybų sutarties forma 1. Vedybų sutartis turi būti sudaryta notarine forma. 2. Vedybų sutartis, taip pat jos pakeitimai turi būti įregistruoti vedybų sutarčių registre,

kurį tvarko hipotekos įstaigos, šio registro nuostatų nustatyta tvarka. Keisti vedybų sutartį galima tik teismo leidimu. Vedybų sutarties pakeitimai neturi grįžtamosios galios.

3. Vedybų sutartis ir jos pakeitimai prieš trečiuosius asmenis gali būti panaudoti tik tada, jeigu sutartis ir jos pakeitimai buvo įregistruoti vedybų sutarčių registre. Ši taisyklė netaikoma, jeigu sandorio sudarymo metu tretieji asmenys žinojo apie vedybų sutartį ar jos pakeitimus.

3.104 straipsnis. Vedybų sutarties turinys 1. Sutuoktiniai turi teisę vedybų sutartyje numatyti, kad: 1) turtas, įgytas tiek iki santuokos, tiek gyvenant susituokus, yra kiekvieno sutuoktinio

asmeninė nuosavybė; 2) turtas, kiekvieno sutuoktinio įgytas iki santuokos ir esantis jų asmeninė nuosavybė, po

santuokos įregistravimo tampa jų bendrąja jungtine nuosavybe; 3) turtas, įgytas susituokus, yra bendroji dalinė sutuoktinių nuosavybė. 2. Sutuoktiniai vedybų sutartyje gali nustatyti, kad viena iš šio straipsnio 1 dalyje

numatytų turto teisinio režimo rūšių bus taikoma visam turtui arba tik tam tikrai jo daliai ar tik konkretiems daiktams.

3. Sutuoktiniai vedybų sutartyje gali nustatyti tiek esamo, tiek būsimo turto teisinį režimą. 4. Sutuoktiniai vedybų sutartyje gali nustatyti teises ir pareigas, susijusias su turto

tvarkymu, tarpusavio išlaikymu, dalyvavimu tenkinant šeimos reikmes ir darant išlaidas, taip pat turto padalijimo būdą ir tvarką, jei santuoka nutraukiama, bei kitus klausimus, susijusius su sutuoktinių tarpusavio turtiniais santykiais.

5. Vedybų sutartyje numatytas sutuoktinių teises ir pareigas gali riboti tam tikras terminas, arba pareigų ir teisių atsiradimas ar pabaiga gali būti siejami su sutartyje numatytos sąlygos įvykdymu ar neįvykdymu.

3.105 straipsnis. Negaliojančios vedybų sutarties sąlygos Negalioja vedybų sutarties sąlygos, kurios: 1) prieštarauja imperatyviosioms įstatymų normoms, gerai moralei arba viešajai tvarkai;

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2) keičia turto, kuris yra vieno sutuoktinio asmeninė arba jų bendroji jungtinė nuosavybė, teisinį režimą (šio kodekso 3.88 ir 3.89 straipsniai), jeigu sutuoktiniai yra pasirinkę turto bendrosios jungtinės nuosavybės teisinį režimą;

3) pažeidžia šio kodekso 3.117 straipsnyje įtvirtintą sutuoktinių bendrosios jungtinės nuosavybės lygių dalių principą;

4) riboja sutuoktinių teisnumą ar veiksnumą; 5) reglamentuoja sutuoktinių asmeninius neturtinius santykius; 6) nustato ar keičia sutuoktinių asmenines teises ir pareigas jų vaikams; 7) riboja ar atima iš sutuoktinio (sutuoktinių) teisę į išlaikymą; 8) riboja ar atima iš sutuoktinio (sutuoktinių) teisę kreiptis į teismą; 9) keičia turto paveldėjimo tvarką ar sąlygas.

3.106 straipsnis. Vedybų sutarties pakeitimas ir nutraukimas 1. Vedybų sutartis gali būti pakeista ar nutraukta bendru sutuoktinių susitarimu bet kuriuo

metu tokia pačia forma, kokia yra nustatyta jai sudaryti. 2. Vedybų sutarties pakeitimas ar nutraukimas prieš trečiuosius asmenis gali būti

panaudotas tik tada, jeigu vedybų sutarties pakeitimas ar nutraukimas yra įregistruotas vedybų sutarčių registre. Ši taisyklė netaikoma, jeigu sandorio sudarymo metu tretieji asmenys žinojo apie vedybų sutarties pakeitimą ar nutraukimą.

3. Vieno sutuoktinio reikalavimu vedybų sutartis gali būti pakeista ar nutraukta teismo sprendimu, kai yra šio kodekso šeštojoje knygoje numatyti sutarties pakeitimo ar nutraukimo pagrindai.

4. Vieno ar abiejų sutuoktinių kreditoriai, kurių teises pažeidė vedybų sutarties pakeitimas ar nutraukimas, turi teisę per vienerius metus nuo tos dienos, kai sužinojo apie vedybų sutarties pakeitimą ar nutraukimą, ginčyti tokį pakeitimą ar nutraukimą teismo tvarka ir reikalauti pažeistų teisių atkūrimo.

3.107 straipsnis. Vedybų sutarties pabaiga Vedybų sutartis baigiasi nutraukus santuoką ar sutuoktiniams pradėjus gyventi skyrium,

išskyrus tas prievoles, kurios pagal vedybų sutartį išlieka ir po santuokos nutraukimo ar sutuoktiniams gyvenant skyrium. Vedybų sutarties pabaiga registruojama vedybų sutarčių registre.

3.108 straipsnis. Vedybų sutarties pripažinimas negaliojančia 1. Be šio kodekso 3.105 straipsnyje numatytų pagrindų, vedybų sutartis gali būti pripažinta

visiškai ar iš dalies negaliojančia taip pat šio kodekso pirmojoje knygoje numatytais sandorių negaliojimo pagrindais.

2. Sutuoktinio reikalavimu teismas vedybų sutartį gali pripažinti visiškai ar iš dalies negaliojančia, jeigu sutartis iš esmės pažeidžia sutuoktinių lygiateisiškumo principą ir vienam iš sutuoktinių yra labai nepalanki.

3. Vieno ar abiejų sutuoktinių kreditoriai turi teisę reikalauti pripažinti vedybų sutartį negaliojančia dėl jos fiktyvumo.

VII SKYRIUS SUTUOKTINIŲ CIVILINĖ ATSAKOMYBĖ

PAGAL TURTINES PRIEVOLES

3.109 straipsnis. Prievolės, vykdomos iš bendro sutuoktinių turto 1. Iš bendro sutuoktinių turto vykdomos šios prievolės: 1) prievolės, susijusios su turto, įsigyto sutuoktinių bendrojon nuosavybėn, suvaržymais,

buvusiais iki šio turto įsigijimo momento arba atsiradusias po jo įsigijimo; 2) prievolės, susijusios su bendro turto tvarkymo išlaidomis; 3) prievolės, susijusios su šeimos namų ūkio išlaikymu; 4) prievolės, susijusios su teismo išlaidų atlyginimu, jeigu byla buvo susijusi su

sutuoktinių bendru turtu arba šeimos interesais;

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5) prievolės, atsiradusios iš sandorių, sudarytų vieno sutuoktinio, kai yra kito sutuoktinio sutikimas, arba kito sutuoktinio vėliau patvirtintų, taip pat prievolės, atsiradusios iš sandorių, kuriems sudaryti kito sutuoktinio sutikimo nereikėjo, jeigu jie buvo sudaryti šeimos interesais;

6) solidariosios sutuoktinių prievolės. 2. Kiekvienas sutuoktinis turi teisę sudaryti sandorius, būtinus išlaikyti šeimos namų ūkį ir

užtikrinti vaikų auklėjimą bei švietimą. Pagal prievoles, kylančias iš tokių sandorių, sutuoktiniai atsako solidariai, nesvarbu, koks jų turto teisinis režimas, išskyrus atvejus, kai sandorio kaina yra aiškiai per didelė ir neprotinga.

3. Solidarioji sutuoktinių prievolė neatsiranda, jeigu vienas sutuoktinis be kito sutuoktinio sutikimo ima paskolą ar perka prekių išsimokėtinai, kai tai nėra būtina bendriems šeimos poreikiams tenkinti.

4. Sutuoktiniai, prisiimdami ir vykdydami prievoles, susijusias su šeimos poreikių tenkinimu, privalo elgtis lygiai taip pat apdairiai ir rūpestingai, kaip ir priimdami ir vykdydami savo asmenines prievoles.

3.110 straipsnis. Sutuoktinių atsakomybė pagal iki santuokos įregistravimo atsiradusias prievoles

1. Iš bendro sutuoktinių turto negali būti tenkinamos sutuoktinių prievolės, kurios atsirado iki santuokos įregistravimo, išskyrus atvejus, kai išieškoma iš bendro turto sutuoktinio dalis.

2. Bendrų abiem sutuoktiniams kreditorių reikalavimai iš bendro turto tenkinami pirmiau už kiekvieno iš sutuoktinių kreditorių reikalavimus. Ši taisyklė netaikoma įkeitimo (hipotekos) kreditoriams.

3.111 straipsnis. Prievolės, kylančios iš dovanojimo sutarčių ir paveldėjimo Jei vienas sutuoktinis gauna dovanų ar palikimą, iš to kylančios prievolės negali būti

tenkinamos bendru turtu, išskyrus atvejus, kai dovana ar palikimas buvo gauti kaip bendras turtas.

3.112 straipsnis. Atsakomybė pagal vieno iš sutuoktinių prievoles 1. Išieškoti pagal vieno sutuoktinio prievoles, atsiradusias iš sandorių, sudarytų po

santuokos įregistravimo be kito sutuoktinio sutikimo, galima iš bendro turto sutuoktinio dalies, jeigu kreditorių reikalavimams patenkinti nepakanka turto, kuris yra asmeninė sutuoktinio nuosavybė.

2. Teismo išlaidos atlyginamos iš asmeninio sutuoktinių turto, jeigu byla nebuvo susijusi su bendru sutuoktinių turtu ar šeimos interesais.

3.113 straipsnis. Išieškojimas iš asmeninio sutuoktinių turto Jeigu kreditorių, kuriems abu sutuoktiniai atsako solidariai, reikalavimams visiškai

patenkinti bendro sutuoktinių turto nepakanka, tai šie reikalavimai tenkinami iš asmeninio sutuoktinių turto.

3.114 straipsnis. Sutuoktinių atsakomybės atribojimas 1. Jeigu sutuoktiniai vedybų sutartyje numatė, kad turtas, įgytas tiek iki santuokos

įregistravimo, tiek ir susituokus, yra vieno ir kito asmeninė nuosavybė, jie pagal savo prievoles atsako tik savo asmeniniu turtu. Pagal bendras prievoles ir prievoles šeimos interesais sutuoktiniai tokiais atvejais atsako solidariai.

2. Sutuoktiniai nėra laikomi vienas kito garantais ar laiduotojais pagal prievoles, kurios atsiranda valdant, naudojant turtą, kuris yra vieno ir kito asmeninė nuosavybė, ar disponuojant tokiu turtu.

3.115 straipsnis. Teisė į kompensaciją 1. Jeigu iš bendro sutuoktinių turto buvo sumokėtos baudos už vieno sutuoktinio padarytus

teisės pažeidimus, taip pat atlyginta žala, padaryta vieno sutuoktinio veiksmais, tai kaltas sutuoktinis privalo kompensuoti bendrosios jungtinės nuosavybės sumažėjimą.

2. Jeigu sandoris buvo sudarytas tik vieno sutuoktinio asmeniniams poreikiams tenkinti ir įvykdytas pasinaudojant turtu, kuris yra bendroji jungtinė sutuoktinių nuosavybė, tai tas sutuoktinis privalo kompensuoti bendrosios jungtinės nuosavybės sumažėjimą.

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VIII SKYRIUS TURTO, KURIS YRA BENDROJI JUNGTINĖ SUTUOKTINIŲ

NUOSAVYBĖ, PADALIJIMAS

3.116 straipsnis. Turto padalijimo būdai 1. Vieno sutuoktinio ar jų kreditorių reikalavimu turtas, kuris yra bendroji jungtinė

sutuoktinių nuosavybė, gali būti padalytas sutuoktiniams jų susitarimu arba teismo sprendimu tiek susituokusiems, tiek ir santuoką nutraukusiems ar pradėjusiems gyventi skyrium.

2. Šio skyriaus normos taikomos, jeigu nėra sutuoktinių sutarties dėl bendro turto padalijimo.

3.117 straipsnis. Sutuoktinių bendro turto dalys 1. Preziumuojama, kad sutuoktinių bendro turto dalys yra lygios. 2. Nuo sutuoktinių bendro turto lygių dalių principo galima nukrypti tik šio kodekso

numatytais atvejais. 3. Jeigu sutuoktiniui priteisto turto vertė viršija jo dalį iš bendro turto, tai šis sutuoktinis

privalo kitam sutuoktiniui išmokėti kompensaciją. Pateikus adekvatų šios prievolės įvykdymo užtikrinimą, teismas kompensacijos išmokėjimą gali atidėti, bet ne ilgiau kaip dvejiems metams.

4. Vienam sutuoktiniui mirus, jo dalis iš bendro turto yra paveldima pagal šio kodekso penktosios knygos normų nustatytas taisykles.

3.118 straipsnis. Turto balanso sudarymas 1. Dalijant sutuoktinių bendrąją jungtinę nuosavybę, pirmiausia nustatomas bendras

sutuoktinių turtas ir vieno ir kito asmeninis turtas. 2. Iš bendro sutuoktinių turto pirmiausia turi būti sumokamos (priteisiamos) iš šio turto

mokėtinos skolos, kurių mokėjimo terminas yra suėjęs. Jeigu iš bendro sutuoktinių turto vykdytinų prievolių įvykdymo terminas dar nėra suėjęs ar šios prievolės yra ginčijamos, tai sutuoktinių bendro dalytino turto visuma yra mažinama šių prievolių (skolų) suma.

3. Nustačius turtą, kuris sutuoktiniams priklauso asmeninės nuosavybės teise, ir iš jo atskaičius asmenines skolas, sudaromas kompensacijų balansas, kuriame nurodoma, kiek vienas ir kitas sutuoktinis privalo kompensuoti bendrą turtą ir kiek vienam ir kitam sutuoktiniui turi būti kompensuota iš bendro turto.

4. Jeigu, sudarius balansą, paaiškėja, kad bendro turto liko, šis turtas padalijamas sutuoktiniams lygiomis dalimis, išskyrus šio kodekso numatytas išimtis.

3.119 straipsnis. Turto vertės nustatymas Dalijamo bendro turto vertė nustatoma pagal rinkos kainas, kurios galioja bendrosios

jungtinės sutuoktinių nuosavybės pabaigoje.

3.120 straipsnis. Nedalytinas turtas 1. Į dalytiną turtą neįtraukiami daiktai, skirti nepilnamečių vaikų poreikiams tenkinti, taip

pat sutuoktinių drabužiai, asmeninio naudojimo daiktai, jų asmeninės neturtinės teisės ir turtinės teisės, susijusios tik su sutuoktinio asmeniu.

2. Šio straipsnio 1 dalyje numatytas turtas, skirtas nepilnamečių vaikų poreikiams tenkinti, yra perduodamas neišieškant kompensacijos tam sutuoktiniui, su kuriuo lieka gyventi nepilnamečiai vaikai, o kitas asmeninio pobūdžio turtas – vienam ir kitam sutuoktiniui.

3.121 straipsnis. Turto, kuris yra asmeninė nuosavybė, priskyrimas bendrajai jungtinei nuosavybei

1. Turtas, vedybų sutartyje numatytas kaip asmeninė sutuoktinių nuosavybė, sutuoktinių susitarimu gali būti priskirtas prie dalytinos bendrosios jungtinės sutuoktinių nuosavybės.

2. Šio straipsnio 1 dalyje numatyti susitarimai draudžiami, jeigu tai pakenktų sutuoktinio kreditoriams. Jeigu dėl tokio sutuoktinių susitarimo kreditoriaus reikalavimas nebegali būti visiškai patenkintas iš asmeninio sutuoktinio turto, išieškoma iš bendro turto sutuoktinio dalies.

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3.122 straipsnis. Reikalavimo padalyti turtą užtikrinimas Vieno sutuoktinio arba sutuoktinių kreditorių prašymu teismas gali areštuoti turtą, kuris

yra bendroji jungtinė sutuoktinių nuosavybė, ar skirti turto administratorių, jeigu tai būtina sutuoktinių teisėms į bendrą turtą arba kreditorių teisėms apsaugoti. Šios priemonės netaikomos, jeigu kitas sutuoktinis pateikia adekvatų sutuoktinio, kuris prašo taikyti turto areštą ar skirti turto administratorių, arba kreditorių reikalavimų užtikrinimą.

3.123 straipsnis. Nukrypimas nuo sutuoktinių bendro turto lygių dalių principo 1. Atsižvelgdamas į nepilnamečių vaikų interesus, vieno sutuoktinio sveikatos būklę ar jo

turtinę padėtį arba kitas svarbias aplinkybes, teismas gali nukrypti nuo sutuoktinių bendro turto lygių dalių principo ir priteisti vienam sutuoktiniui didesnę turto dalį. Į šiuos kriterijus teismas taip pat privalo atsižvelgti, spręsdamas klausimą dėl bendro turto padalijimo būdo.

2. Sutuoktinio, kuris privalo mokėti išlaikymą kitam sutuoktiniui, dalis iš bendro turto gali būti mažinama išlaikymo suma, jeigu išlaikymas yra priteisiamas nustatyto dydžio vienkartine pinigų suma ar priteisiamas tam tikras turtas.

3. Jeigu ne daugiau kaip prieš metus iki turto padalijimo bylos iškėlimo vienas sutuoktinis be kito sutuoktinio sutikimo sumažino turto, kuris yra bendroji jungtinė nuosavybė, vertę, dalį jo padovanodamas arba juo padidindamas savo asmeninę nuosavybę, tai, nustatant sutuoktinių bendro turto dalis, tokio sutuoktinio dalis gali būti mažinama prarasto bendro turto verte.

4. Vieno sutuoktinio dalis iš bendro turto taip pat gali būti sumažinama šeimos negautų pajamų suma, kurių šeima negavo dėl sutuoktinio aplaidumo arba kurias jis nuslėpė nuo šeimos ir naudojo savo asmeniniams poreikiams tenkinti. Terminas, už kurį apskaičiuojamos tokios negautos pajamos, negali būti ilgesnis nei paskutiniai penkeri metai iki turto padalijimo bylos iškėlimo.

3.124 straipsnis. Turto padalijimas teismo sprendimu nenutraukiant santuokos Jeigu vienas sutuoktinis pripažintas neveiksniu ar ribotai veiksniu arba nuostolingai tvarko

bendrą turtą ar savo veiksmais kelia pavojų bendrajai jungtinei sutuoktinių nuosavybei ir šeimos interesams, ar be pakankamo pagrindo neprisideda prie šeimos poreikių tenkinimo, tai kitas sutuoktinis turi teisę kreiptis į teismą dėl turto padalijimo.

3.125 straipsnis. Turto padalijimo fakto registravimas Šalių sutartis ar teismo sprendimas, kuriuo padalyta bendroji jungtinė sutuoktinių

nuosavybė, turi būti registruojamas hipotekos įstaigoje, kurioje įregistruota vedybų sutartis arba yra padalytas turtas, padarant atitinkamą įrašą vedybų sutarčių registre.

3.126 straipsnis. Kreditorių teisių garantijos 1. Vieno ar abiejų sutuoktinių kreditoriai turi teisę įstoti į bylą dėl turto, kuris yra bendroji

jungtinė sutuoktinių nuosavybė, padalijimo kaip tretieji asmenys, pareiškiantys savarankiškus reikalavimus.

2. Sutuoktinis, pareiškęs ieškinį dėl turto padalijimo, privalo pareiškime dėl ieškinio nurodyti jam žinomus bendrus sutuoktinių ar vieno iš jų kreditorius ir apie bylos iškėlimą jiems pranešti, nusiųsdamas jiems pareiškimo dėl ieškinio kopiją.

3.127 straipsnis. Dalijamas turtas 1. Teismo sprendimu padalijamas turtas, kurį kaip bendrąją jungtinę nuosavybę

sutuoktiniai įgijo iki bylos iškėlimo dienos arba iki teismo sprendimo priėmimo dienos. 2. Vieno sutuoktinio prašymu teismas gali nustatyti, kad dalijamas tik turtas, bendrai

įgytas iki tada, kai sutuoktiniai pradėjo gyventi skyrium. 3. Turtas padalijamas natūra, atsižvelgiant į jo vertę ir abiejų sutuoktinių bendro turto

dalis, jeigu galima taip padalyti. Jeigu natūra abiem sutuoktiniams turto padalyti negalima, turtas natūra priteisiamas vienam sutuoktiniui, kartu jį įpareigojant kompensuoti antram sutuoktiniui jo dalį pinigais. Parenkant turto padalijimo būdą ir padalijant turtą natūra, atsižvelgiama į nepilnamečių vaikų interesus, vieno sutuoktinio sveikatos būklę ar turtinę padėtį arba kitas svarbias aplinkybes.

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3.128 straipsnis. Sutuoktinių tarpusavio pareigos po turto padalijimo, kai santuoka nėra nutraukiama

1. Sutuoktinis, kurio prašymu buvo padalytas turtas, privalo pagal galimybes prisidėti prie šeimos namų ūkio išlaikymo ir vaikų auklėjimo bei švietimo.

2. Jeigu kitas sutuoktinis dėl objektyvių priežasčių negali prisidėti prie šeimos namų ūkio išlaikymo ir vaikų auklėjimo bei švietimo, visas šias išlaidas turi padengti sutuoktinis, kurio prašymu buvo padalytas turtas.

3. Teismas, padalydamas turtą, gali iš vieno sutuoktinio kitam priteisti pinigų sumą, iš kurios šis tretiesiems asmenims apmokėtų visas iš santuokos kilusias skolas.

3.129 straipsnis. Ieškinio senatis Reikalavimams dėl turto, kuris yra bendroji jungtinė sutuoktinių nuosavybė, išskyrus

nekilnojamuosius daiktus, padalijimo taikomas penkerių metų ieškinio senaties terminas, skaičiuojamas nuo to momento, kai sutuoktiniai pradėjo gyventi skyrium.

IV DALIS VAIKŲ IR TĖVŲ TARPUSAVIO TEISĖS IR PAREIGOS

IX SKYRIUS GIMINYSTĖ IR SVAINYSTĖ

3.130 straipsnis. Giminystės samprata 1. Giminystė yra kraujo ryšys tarp asmenų, kilusių vienas iš kito arba iš bendro protėvio. 2. Giminystė sukelia teisines pasekmes tik įstatymų numatytais atvejais. 3. Giminystei prilyginami santykiai tarp įvaikių ir jų palikuonių ir įtėvių bei jų giminaičių.

3.131 straipsnis. Giminystės linijos Skiriamos tiesioji ir šoninė giminystės linijos.

3.132 straipsnis. Tiesioji giminystės linija 1. Tiesioji giminystės linija yra tarp protėvio ir palikuonių (proseneliai, seneliai, tėvai,

vaikai, vaikaičiai, provaikaičiai ir t. t.). 2. Giminystė, einanti iš palikuonio į protėvį, yra tiesioji aukštutinė giminystės linija

(vaikaičiai, vaikai, tėvai, seneliai ir t. t.). 3. Giminystė, einanti iš protėvio į palikuonį, yra tiesioji žemutinė giminystės linija

(seneliai, tėvai, vaikai, vaikaičiai ir t. t.).

3.133 straipsnis. Šoninė giminystės linija Giminystė tarp asmenų, kilusių iš bendro protėvio, yra šoninė giminystės linija (broliai ir

seserys, pusbroliai ir pusseserės, dėdės arba tetos ir sūnėnai arba dukterėčios ir t. t.).

3.134 straipsnis. Giminystės laipsnis 1. Giminystės laipsnis – tai skaičius gimimų, kurie sieja giminaičius, išskyrus bendro

protėvio (protėvių) gimimą. 2. Teisines pasekmes sukelia tik įstatymų numatytas giminystės artumo laipsnis.

3.135 straipsnis. Artimieji giminaičiai Artimaisiais giminaičiais pripažįstami tiesiosios linijos giminaičiai iki antrojo laipsnio

imtinai (tėvai ir vaikai, seneliai ir vaikaičiai) ir šoninės linijos antrojo laipsnio giminaičiai (broliai ir seserys).

3.136 straipsnis. Svainystė 1. Svainystė – santykis tarp vieno sutuoktinio ir antro sutuoktinio giminaičių (posūnio,

podukros, patėvio, pamotės, uošvės, uošvio, žento, marčios ir t. t.) bei tarp abiejų sutuoktinių giminaičių (vyro brolio ar sesers ir žmonos brolio ar sesers, vyro tėvo ar motinos ir žmonos tėvo ar motinos ir t. t.).

2. Svainystė teisines pasekmes sukelia tik įstatymų numatytais atvejais.

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X SKYRIUS VAIKO KILMĖS NUSTATYMAS

PIRMASIS SKIRSNIS BENDRIEJI VAIKO KILMĖS NUSTATYMO PAGRINDAI

3.137 straipsnis. Vaiko kilmė 1. Vaiko kilmė yra patvirtinama šio kodekso 3.138–3.140 straipsniuose nustatyta tvarka. 2. Vaiko kilme yra grindžiamos vaiko ir tėvų tarpusavio teisės ir pareigos. 3. Vaiko iš tėvų kilmė patvirtinama nuo vaiko gimimo dienos ir nuo tos dienos sukuria su

ja susijusias, įstatymų nustatytas teises ir pareigas.

3.138 straipsnis. Vaiko kilmės patvirtinimas Vaiko tėvus patvirtina civilinės metrikacijos įstaigoje įrašytas gimimo įrašas ir gimimo

įrašo pagrindu išduotas gimimo liudijimas.

3.139 straipsnis. Vaiko kilmės iš motinos nustatymas 1. Civilinės metrikacijos įstaiga vaiko gimimo įraše moterį įrašo vaiko motina, remdamasi

medicinos įstaigos išduotu pažymėjimu apie vaiko gimimą. 2. Jei vaikas gimė ne medicinos įstaigoje, pažymėjimą apie vaiko gimimą išduoda

medicinos įstaiga, tikrinusi vaiko ir motinos būklę po gimdymo. 3. Jei vaikas gimė ne medicinos įstaigoje ir jei vaiko motinos būklė po gimdymo nebuvo

tikrinta, pažymėjimą apie vaiko gimimą išduoda gydytojų konsultacinė komisija Vyriausybės nustatyta tvarka. Šiame pažymėjime motina nurodoma moteris, dėl kurios gydytojų konsultacinei komisijai nekyla abejonių, jog ji pagimdė vaiką.

4. Jei vaiko gimimo įraše nėra duomenų apie motiną arba jei motinystė nuginčyta, motinystę gali nustatyti teismas pagal moters, laikančios save vaiko motina, pilnamečio vaiko, vaiko tėvo, globėjo (rūpintojo) ar valstybinės vaiko teisių apsaugos institucijos ieškinį.

3.140 straipsnis. Vaiko kilmės iš tėvo nustatymas 1. Jei vaiką pagimdė motina, kuri yra susituokusi, nors vaikas pradėtas iki santuokos, kaip

vaiko tėvas gimimo įraše įrašomas vaiko motinos sutuoktinis remiantis santuokos įrašu ar jo pagrindu išduotu santuokos liudijimu.

2. Kai vaikas gimsta praėjus ne daugiau kaip trims šimtams dienų nuo gyvenimo skyrium pradžios arba po santuokos pripažinimo negaliojančia ar santuokos nutraukimo, ar po vyro mirties, kaip vaiko tėvas pripažįstamas buvęs vaiko motinos sutuoktinis.

3. Jei vaiką pagimdė motina, kuri sudarė naują santuoką nepraėjus trims šimtams dienų po ankstesnės santuokos pabaigos, vaiko tėvu laikomas vaiko motinos naujas sutuoktinis.

4. Jei vaiką pagimdė motina, kuri nėra susituokusi, ir jei po ankstesnės santuokos pabaigos praėjo daugiau kaip trys šimtai dienų, vaiko tėvu gimimo akto įraše gali būti įrašytas vyras, šios knygos nustatyta tvarka tėvystės pripažinimo pareiškimu pripažinęs tėvystę, arba teismo sprendimu nustačius jo tėvystę.

5. Jeigu vaikas gimė išsituokusiai motinai po santuokos pabaigos nepraėjus trims šimtams dienų, vaiko motina, jos buvęs sutuoktinis ir vyras, pripažįstantis save gimusio vaiko tėvu, turi teisę paduoti teismui bendrą pareiškimą, prašydami vaiko tėvu įrašyti vyrą, pripažįstantį save vaiko tėvu. Teismo nutartimi patvirtinus tokį bendrą pareiškimą, kaip vaiko tėvas įrašomas ne buvęs motinos sutuoktinis, o vyras, pripažįstantis save vaiko tėvu.

ANTRASIS SKIRSNIS TĖVYSTĖS PRIPAŽINIMAS

3.141 straipsnis. Tėvystės pripažinimo sąlygos 1. Kai vaiko gimimo įraše nėra duomenų apie tėvą, tėvystė gali būti pripažįstama pagal

asmens, laikančio save vaiko tėvu, pareiškimą.

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2. Jei vaiką pagimdė motina, kuri yra susituokusi, arba kai vaikas gimė nepraėjus trims šimtams dienų po santuokos pasibaigimo, tėvystė gali būti pripažinta pareiškimu, jei yra nuginčyta vaiko motinos esančio ar buvusio sutuoktinio tėvystė.

3. Nuginčijus tėvystę, kuri buvo nustatyta pareiškimu dėl tėvystės pripažinimo, naujas tėvystės pripažinimas pareiškimu negalimas.

4. Tėvystei pripažinti senaties terminai netaikomi.

3.142 straipsnis. Tėvystės pripažinimo tvarka 1. Vyras, laikantis save tėvu, turi teisę kartu su vaiko motina paduoti civilinės metrikacijos

įstaigai nustatytos formos notaro patvirtintą pareiškimą dėl tėvystės pripažinimo. 2. Jei vaikui yra suėję dešimt metų, pareiškimas dėl tėvystės pripažinimo civilinės

metrikacijos įstaigoje gali būti priimamas tik tuo atveju, kai yra vaiko rašytinis sutikimas. 3. Jei tėvystę pripažįstantis asmuo yra nepilnametis, paduodant civilinės metrikacijos

įstaigai pareiškimą dėl tėvystės pripažinimo, reikalaujamas jo tėvų, globėjų ar rūpintojų rašytinis sutikimas. Jeigu tėvai, globėjai ar rūpintojai tokio sutikimo neduoda, leidimą gali duoti teismas nepilnamečio prašymu.

3.143 straipsnis. Tėvystės pripažinimas, kol gims vaikas 1. Jei yra aplinkybių, dėl kurių vaikui gimus nebus galima paduoti pareiškimą dėl tėvystės

pripažinimo, vyras, laikantis save pradėto, bet dar negimusio vaiko tėvu, kartu su būsima vaiko motina gali civilinės metrikacijos įstaigai pagal būsimos vaiko motinos gyvenamąją vietą paduoti pareiškimą dėl tėvystės pripažinimo vaiko motinos nėštumo laikotarpiu.

2. Paduodant pareiškimą dėl tėvystės pripažinimo, kol gims vaikas, kartu pateikiama medicinos įstaigos išduota pažyma apie nėštumą.

3. Jeigu vaiko motina, iki vaikui gimstant, sudarė santuoką su vyru, kuris padavė pareiškimą dėl tėvystės pripažinimo, ar su kitu vyru, gimusio vaiko tėvystės, remiantis šiuo pareiškimu dėl tėvystės pripažinimo, patvirtinti negalima.

4. Jeigu vaiko motina arba vyras, padavęs pareiškimą dėl tėvystės pripažinimo iki vaikui gimstant, atšaukė jį, kol vaiko gimimas nebuvo įregistruotas civilinės metrikacijos įstaigoje, vaiko kilmė iš tėvo, remiantis pareiškimu dėl tėvystės pripažinimo, neregistruojama.

3.144 straipsnis. Tėvystės pripažinimas be motinos sutikimo 1. Jei vaiko motina yra mirusi, neveiksni ar dėl kitų priežasčių negali paduoti pareiškimo

pripažinti tėvystę su vaiko tėvu, ar tėvystės pripažinti nesutinka nepilnamečio ar ribotai veiksnaus vyro, laikančio save vaiko tėvu, tėvai ar globėjai (rūpintojai), ar raštiškai sutikimo nepatvirtina vaikas, kuriam yra suėję dešimt metų, pareiškimas dėl tėvystės pripažinimo gali būti pagrindas tėvystei registruoti, jei šį pareiškimą patvirtina teismas.

2. Nagrinėdamas pareiškimą dėl tėvystės pripažinimo, kai vaiko motina yra mirusi, neveiksni ar dėl kitų priežasčių negali paduoti pareiškimo kartu su vyru, laikančiu save vaiko tėvu, teismas turi iš vaiko tėvo pareikalauti įrodymų, patvirtinančių tėvystę.

3. Tėvystės pripažinimo pareiškimas negali būti registruojamas, jeigu dėl tėvystės pripažinimo nesutinka pilnametis vaikas.

3.145 straipsnis. Pareiškimo dėl tėvystės pripažinimo patvirtinimo nagrinėjimas 1. Pareiškimą dėl tėvystės pripažinimo teismas nagrinėja supaprastinto proceso tvarka. 2. Įsiteisėjęs teismo sprendimas, kuriuo patvirtinamas tėvystės pripažinimo pareiškimas,

per tris darbo dienas išsiunčiamas civilinės metrikacijos įstaigai, įregistravusiai vaiko gimimą. 3. Jei nagrinėjamą pareiškimą dėl tėvystės pripažinimo ginčija nepilnamečio, ribotai

veiksnaus vyro, laikančio save vaiko tėvu, tėvai ar globėjai (rūpintojai), pareiškimas perduodamas nagrinėti ieškinio teisena tėvystei nustatyti.

TREČIASIS SKIRSNIS TĖVYSTĖS NUSTATYMAS

3.146 straipsnis. Tėvystės nustatymo sąlygos

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1. Jei vaikas gimė nesusituokusiai motinai ir tėvystė nepripažinta, tėvystę gali nustatyti teismas.

2. Jei vaikas gimė susituokusiai motinai arba jo kilmė iš tėvo yra patvirtinta pareiškimu dėl tėvystės pripažinimo, tėvystės nustatymas galimas tik nuginčijus duomenis gimimo įraše apie tėvą.

3. Mirusio asmens tėvystę galima nustatyti tik tuo atveju, jei jis yra susilaukęs palikuonių.

3.147 straipsnis. Asmenys, turintys teisę kreiptis dėl tėvystės nustatymo 1. Jei vaikas gimė nesusituokusiai motinai ar nuginčyti vaiko gimimo įraše duomenys apie

tėvą, ieškinį dėl tėvystės nustatymo gali pareikšti vyras, laikantis save vaiko tėvu. Atsakovai pagal tokį ieškinį yra vaikas ir jo motina.

2. Jei vaiko tėvas atsisako pripažinti tėvystę pareiškimu dėl tėvystės pripažinimo ar vaiko tėvas mirė, ieškinį dėl tėvystės nustatymo gali paduoti vaiko motina, vaikas, įgijęs visišką veiksnumą, vaiko globėjas (rūpintojas), valstybinė vaikų teisių apsaugos institucija arba mirusio vaiko palikuonys.

3. Teismas, nustatęs tėvystę, įsiteisėjusį teismo sprendimą per tris darbo dienas išsiunčia civilinės metrikacijos įstaigai, įregistravusiai vaiko gimimą.

3.148 straipsnis. Tėvystės nustatymo pagrindai 1. Pagrindas tėvystei nustatyti yra moksliniai įrodymai (ekspertizių įrodyti giminystės ryšį

išvados) ir kitos Civilinio proceso kodekse numatytos įrodymų priemonės. Jei šalys atsisako ekspertizės, pagrindu tėvystei nustatyti gali būti įrodomieji faktai, patikimai patvirtinantys tėvystę: bendras vaiko motinos ir spėjamo vaiko tėvo gyvenimas, bendras vaiko auklėjimas, išlaikymas, taip pat ir kiti įrodymai.

2. Jei atsakovas atsisako ekspertizės, teismas, atsižvelgdamas į bylos aplinkybes, gali tokį atsakovo atsisakymą įvertinti kaip tėvystės įrodymą.

KETVIRTASIS SKIRSNIS TĖVYSTĖS (MOTINYSTĖS) NUGINČIJIMAS

3.149 straipsnis. Tėvystės (motinystės) nuginčijimo sąlygos 1. Duomenis gimimo įraše apie vaiko motiną ar tėvą leidžiama nuginčyti tik teismo tvarka. 2. Duomenų vaiko gimimo įraše apie vaiko motiną ar tėvą, įrašytų remiantis įsiteisėjusiu ir

galutiniu teismo sprendimu, nuginčyti negalima.

3.150 straipsnis. Tėvystės (motinystės) nuginčijimo pagrindai 1. Nuginčyti tėvystę, kai vaikas gimė susituokusiems tėvams arba nepraėjus daugiau kaip

trims šimtams dienų po santuokos pabaigos, galima tik įrodžius, kad asmuo negali būti vaiko tėvas.

2. Nuginčyti motinystę ar tėvystę, pripažintą pareiškimu dėl tėvystės pripažinimo, galima tik įrodžius, kad vaiko motina ar tėvas nėra biologiniai tėvai.

3.151 straipsnis. Asmenys, turintys teisę kreiptis dėl tėvystės (motinystės) nuginčijimo 1. Pareikšti ieškinį dėl tėvystės (motinystės) nuginčijimo gali asmuo, vaiko gimimo akto

įraše įrašytas kaip vaiko motina ar tėvas, asmuo, vaiko gimimo įraše neįrašytas kaip motina ar tėvas, bet laikantis save vaiko motina ar tėvu, nepilnamečio vyro, vaiko gimimo įraše įrašyto kaip tėvas, tėvai ar globėjai (rūpintojai), vaikas, sulaukęs pilnametystės, ar nepilnametis, įgijęs visišką veiksnumą.

2. Jei vaiko motina ar tėvas yra neveiksnūs arba ribotai veiksnūs, pareikšti ieškinį gali jo globėjai ar rūpintojai.

3. Pareikšti ieškinį dėl tėvystės nuginčijimo vyrui, kuris yra miręs, gali jo įpėdiniai, jeigu asmuo, įrašytas kaip vaiko tėvas, mirė nepasibaigus ieškinio senaties terminui, numatytam šio kodekso 3.152 straipsnyje.

3.152 straipsnis. Ieškinio senatis 1. Kreiptis į teismą dėl tėvystės (motinystės) nuginčijimo nustatomas vienerių metų

ieškinio senaties terminas. Šis terminas skaičiuojamas nuo tos dienos, kada asmuo, kuris kreipiasi į

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teismą, sužinojo apie ginčijamus duomenis, įrašytus vaiko gimimo įraše, arba paaiškėjo aplinkybių, duodančių pagrindą teigti, kad duomenys neatitinka tikrovės.

2. Jeigu asmenys, įrašyti kaip vaiko motina ar tėvas, apie įrašymą jais sužinojo būdami nepilnamečiai ar neveiksnūs, vienerių metų terminas skaičiuojamas nuo tos dienos, kai jie sulaukė pilnametystės arba tapo veiksniais.

3. Įsiteisėjęs teismo sprendimas, kuriuo nuginčyta tėvystė (motinystė), per tris darbo dienas išsiunčiamas civilinės metrikacijos įstaigai, įregistravusiai vaiko gimimą.

3.153 straipsnis. Privalomas vaiko teisių apsaugos tarnybos dalyvavimas Nagrinėjant ginčus dėl tėvystės (motinystės) nuginčijimo, tėvystės nustatymo, būtinas

valstybinės vaiko teisių apsaugos institucijos dalyvavimas.

PENKTASIS SKIRSNIS DIRBTINIS APVAISINIMAS

3.154 straipsnis. Dirbtinio apvaisinimo teisinis reglamentavimas Dirbtinio apvaisinimo sąlygas, būdus, tvarką, taip pat vaiko, gimusio dirbtinio apvaisinimo

būdu, motinystės ir tėvystės klausimus reglamentuoja kiti įstatymai.

XI SKYRIUS TĖVŲ TEISĖS IR PAREIGOS VAIKAMS

PIRMASIS SKIRSNIS TĖVŲ VALDŽIA

3.155 straipsnis. Tėvų valdžios turinys 1. Vaikai iki pilnametystės ar emancipacijos yra tėvų prižiūrimi. 2. Tėvai turi teisę ir pareigą dorai auklėti ir prižiūrėti savo vaikus, rūpintis jų sveikata,

išlaikyti juos, atsižvelgdami į jų fizinę ir protinę būklę sudaryti palankias sąlygas visapusiškai ir harmoningai vystytis, kad vaikas būtų parengtas savarankiškam gyvenimui visuomenėje.

3.156 straipsnis. Tėvų valdžios lygybė 1. Tėvo ir motinos teisės ir pareigos savo vaikams yra lygios. 2. Tėvai turi lygias teises ir lygias pareigas savo vaikams, nesvarbu, ar vaikas gimė

susituokusiems, ar nesusituokusiems tėvams, jiems santuoką nutraukus, teismui pripažinus ją negaliojančia ar tėvams gyvenant skyrium.

3.157 straipsnis. Atstovavimas vaikams 1. Tėvai yra savo neveiksnių nepilnamečių vaikų atstovai pagal įstatymus, išskyrus tėvus,

pripažintus neveiksniais teismo sprendimu. 2. Tėvai savo nepilnamečiams vaikams atstovauja pateikę vaiko gimimo liudijimą.

3.158 straipsnis. Nepilnamečių tėvų valdžia 1. Nepilnamečiai veiksnūs tėvai turi visas asmenines teises ir pareigas savo vaikams. 2. Nepilnamečiai neveiksnūs ar ribotai veiksnūs tėvai turi teisę kartu su savo vaiku gyventi

ir dalyvauti jį auklėjant. Tokiais atvejais vaikui yra skiriamas globėjas (rūpintojas) šios knygos nustatyta tvarka.

3. Sulaukę pilnametystės ar tapę veiksnūs, tėvai įgyja vaikams visas teises ir pareigas.

3.159 straipsnis. Privalomas tėvų valdžios vykdymas 1. Tėvo ar motinos atsisakymas nuo teisių ir pareigų savo nepilnamečiams vaikams

negalioja. 2. Už vaiko auklėjimą ir priežiūrą tėvai atsako bendrai ir vienodai. 3. Tėvų valdžia negali būti naudojamasi priešingai vaiko interesams. 4. Už tėvų valdžios nepanaudojimą taikoma teisinė atsakomybė, numatyta įstatymuose.

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3.160 straipsnis. Tėvų valdžios pabaiga 1. Tėvų teisės ir pareigos baigiasi vaikui sulaukus pilnametystės ar tapus veiksniam. 2. Tam tikrais atvejais, atsižvelgiant į vaiko interesus, tėvų valdžia gali būti laikinai ar

neterminuotai apribota arba vaikas gali būti atskirtas nuo tėvų šios knygos nustatyta tvarka.

ANTRASIS SKIRSNIS VAIKŲ TEISĖS IR PAREIGOS

3.161 straipsnis. Vaikų teisės 1. Kiekvienas vaikas turi neatimamą teisę gyventi bei sveikai vystytis ir nuo gimimo turėti

vardą ir pavardę. 2. Vaikas turi teisę žinoti savo tėvus, jei tai nekenkia jo interesams ar įstatymai nenumato

ko kita. 3. Vaikas turi teisę gyventi kartu su tėvais, būti auklėjamas ir aprūpinamas savo tėvų

šeimoje, bendrauti su tėvais, nesvarbu, ar tėvai gyvena kartu, ar skyrium, bendrauti su giminaičiais, jei tai nekenkia vaiko interesams.

4. Vaikai neturi nuosavybės teisės į tėvų turtą, o tėvai – į vaikų turtą. Vaikų turtinės teisės yra nustatytos šioje ir kitose šio kodekso knygose.

5. Vaikų, gimusių nesusituokusiems tėvams, ir vaikų, gimusių susituokusiems tėvams, teisės yra lygios.

6. Tėvams nutraukus santuoką, ją pripažinus negaliojančia ar tėvams gyvenant skyrium, vaikų teisės nesikeičia.

3.162 straipsnis. Vaikų pareigos Vaikai turi gerbti tėvus ir tinkamai atlikti savo pareigas.

3.163 straipsnis. Vaikų teisių užtikrinimas 1. Nepilnamečių vaikų teisių įgyvendinimą užtikrina tėvai. 2. Vaikų, kurie yra likę be tėvų globos, teises užtikrina globėjas (rūpintojas) šios knygos

nustatyta tvarka. 3. Nepilnametis, įgijęs visišką veiksnumą, savo teises gina pats. 4. Jei tėvai ar globėjai (rūpintojai) vaikų teises pažeidinėja, priemonių vaikų teisėms

užtikrinti gali imtis valstybinė vaiko teisių apsaugos institucija ar prokuroras.

3.164 straipsnis. Nepilnamečio vaiko dalyvavimas užtikrinant jo teises 1. Kai sprendžiamas bet koks su vaiku susijęs klausimas, vaikas, sugebantis suformuluoti

savo pažiūras, turi būti išklausytas tiesiogiai, o jei tai neįmanoma, – per atstovą ir priimant sprendimą į jo norus turi būti atsižvelgta, jei tai neprieštarauja paties vaiko interesams. Sprendžiant klausimą dėl globėjo (rūpintojo) paskyrimo ar įvaikinimo, į vaiko norus turi būti atsižvelgiama išskirtinai.

2. Jei vaikas mano, kad tėvai pažeidinėja jo teises, jis turi teisę savarankiškai kreiptis gynybos į valstybinę vaiko teisių apsaugos instituciją, o nuo keturiolikos metų – ir į teismą.

TREČIASIS SKIRSNIS ASMENINĖS TĖVŲ TEISĖS IR PAREIGOS

3.165 straipsnis. Tėvų asmeninių teisių ir pareigų turinys 1. Tėvai turi teisę ir pareigą auklėti savo vaikus ir yra atsakingi už savo vaikų auklėjimą ir

vystymą, privalo rūpintis savo vaikų sveikata, jų dvasiniu ir moraliniu ugdymu. Tėvai atlikdami šias pareigas turi pirmumo teisę prieš kitus asmenis.

2. Tėvai privalo sudaryti sąlygas savo vaikams mokytis iki įstatymuose nustatyto amžiaus. 3. Visus klausimus, susijusius su vaikų auklėjimu, sprendžia abu tėvai tarpusavio

susitarimu. Jeigu tėvai nesusitaria, ginčijamą klausimą sprendžia teismas.

3.166 straipsnis. Vardo vaikui suteikimas 1. Kiekvienam vaikui vardą suteikia tėvai.

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2. Vaikui gali būti suteikiami du vardai. 3. Vaikui vardas (vardai) suteikiamas tėvų susitarimu. Tėvui ir motinai nesusitarus dėl

vaiko vardo, vardas vaikui suteikiamas teismo nutartimi. 4. Registruojant vaiko, kurio tėvai nežinomi, gimimą, vaikui vardą suteikia valstybinė

vaiko teisių apsaugos institucija.

3.167 straipsnis. Pavardės vaikui suteikimas 1. Kiekvienam vaikui yra suteikiama tėvų pavardė. 2. Jei tėvų pavardės skirtingos, vaikui suteikiama tėvo ar motinos pavardė tėvų susitarimu.

Tėvui ir motinai nesusitarus, vieno iš tėvų pavardė suteikiama teismo nutartimi. 3. Registruojant vaiko, kurio tėvai nežinomi, gimimą, vaikui pavardę suteikia valstybinė

vaikų teisių apsaugos institucija. 4. Vaiko vardo ir pavardės pakeitimo pagrindus ir tvarką nustato teisingumo ministro

patvirtintos Civilinės metrikacijos taisyklės.

3.168 straipsnis. Vaiko gyvenamoji vieta 1. Nepilnamečio vaiko gyvenamoji vieta nustatoma pagal šio kodekso antrosios knygos

normas. 2. Vaikas negali būti išskirtas su tėvais prieš jo norą, išskyrus šioje knygoje numatytus

atvejus. 3. Tėvai turi teisę reikalauti grąžinti jiems nepilnamečius vaikus iš kiekvieno asmens,

laikančio juos pas save ne pagal įstatymą ar teismo sprendimą.

3.169 straipsnis. Vaiko gyvenamoji vieta tėvams gyvenant skyrium 1. Kai tėvas ir motina gyvena skyrium, vaiko gyvenamoji vieta nustatoma tėvų susitarimu. 2. Jei kyla ginčas tarp tėvų dėl vaiko gyvenamosios vietos nustatymo, vaiko gyvenamoji

vieta teismo sprendimu nustatoma su vienu iš tėvų. 3. Pasikeitus aplinkybėms ar vienam iš tėvų, su kuriuo buvo nustatyta vaiko gyvenamoji

vieta, atidavus vaiką auginti ir gyventi kartu su kitais asmenimis, antrasis iš tėvų gali reikšti pakartotinį ieškinį dėl vaiko gyvenamosios vietos nustatymo.

3.170 straipsnis. Skyrium gyvenančio tėvo ar motinos teisė bendrauti su vaiku ir dalyvauti jį auklėjant

1. Tėvas ar motina, negyvenantys kartu su vaiku, turi teisę ir pareigą bendrauti su vaiku ir dalyvauti jį auklėjant.

2. Vaikas, kurio tėvai gyvena skyrium, turi teisę nuolat ir tiesiogiai bendrauti su abiem tėvais, nesvarbu, kur tėvai gyvena.

3. Tėvas ar motina, pas kurį gyvena vaikas, neturi teisės kliudyti antrajam iš tėvų bendrauti su vaiku ir dalyvauti jį auklėjant.

4. Kai tėvai nesusitaria dėl skyrium gyvenančio tėvo ar motinos dalyvavimo auklėjant vaiką ir bendravimo su juo, bendravimo su vaiku ir dalyvavimo jį auklėjant tvarką nustato teismas.

5. Tėvas ar motina, gyvenantys su vaiku skyrium, turi teisę gauti informaciją apie vaiką iš visų auklėjimo, mokymo, gydymo, vaiko teisių apsaugos ir kitų įstaigų bei institucijų, kurios turi ryšį su jo vaiku. Atsisakyti suteikti informaciją galima tik tuo atveju, jei yra grėsmės vaiko sveikatai ar gyvybei iš tėvo ar motinos pusės, taip pat įstatymų nustatytais atvejais.

6. Įstaigų, organizacijų ar kitokių institucijų ir fizinių asmenų atsisakymas tėvams suteikti informaciją apie jų vaikus gali būti skundžiamas teismui.

3.171 straipsnis. Bendravimas su vaiku ir dalyvavimas jį auklėjant ypatingomis situacijomis

Su vaiku, kuris patekęs į ypatingą situaciją (sulaikymas, areštas, laisvės atėmimo bausmės atlikimas, buvimas stacionarinėje gydymo įstaigoje ir pan.), tėvai bendrauja ir dalyvauja jį auklėjant įstatymų nustatyta tvarka.

3.172 straipsnis. Kitų giminaičių bendravimas su vaiku

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Tėvai (jei jų nėra – globėjai (rūpintojai) turi sudaryti sąlygas vaikams bendrauti su artimaisiais vaiko giminaičiais, jeigu tai atitinka vaiko interesus.

KETVIRTASIS SKIRSNIS GINČAI DĖL VAIKŲ

3.173 straipsnis. Ginčai dėl vaiko vardo ir pavardės 1. Kreiptis su prašymu į teismą suteikti vaikui vardą ar pavardę, kai tėvai nesusitaria, turi

teisę vaiko tėvas, motina ar neveiksnių nepilnamečių tėvų tėvai (globėjai, rūpintojai). 2. Teismas prašymą suteikti vaikui vardą ar pavardę nagrinėja supaprastinto proceso

tvarka ir vaikui vardą ar pavardę suteikia nutartimi, išklausęs tėvus ar gavęs jų rašytinius paaiškinimus.

3.174 straipsnis. Ginčai dėl vaiko gyvenamosios vietos nustatymo 1. Kreiptis į teismą dėl vaiko gyvenamosios vietos nustatymo gali vaiko tėvas, motina, taip

pat nepilnamečių tėvų, neturinčių visiško veiksnumo, tėvai, globėjai (rūpintojai). 2. Teismas ginčą išsprendžia vadovaudamasis vaiko interesais, atsižvelgdamas į vaiko

norą. Į vaiko norą gali būti neatsižvelgiama tik tuo atveju, kai vaiko noras prieštarauja jo interesams.

3.175 straipsnis. Ginčai tarp skyrium gyvenančių tėvų dėl bendravimo su vaiku ir dalyvavimo jį auklėjant

1. Kreiptis į teismą dėl bendravimo su vaiku ir dalyvavimo jį auklėjant tvarkos gali vaiko tėvas ar motina, neveiksnių nepilnamečių tėvų tėvai (globėjai, rūpintojai).

2. Teismas nustato skyrium gyvenančio tėvo ar motinos bendravimo su vaiku tvarką, atsižvelgdamas į vaiko interesus ir sudarydamas galimybę skyrium gyvenančiam tėvui ar motinai maksimaliai dalyvauti auklėjant vaiką. Minimalus bendravimas gali būti nustatomas tik tuomet, jei nuolatinis maksimalus bendravimas kenkia vaiko interesams.

3.176 straipsnis. Ginčai dėl vaiko bendravimo su artimaisiais giminaičiais 1. Jeigu tėvai atsisako sudaryti sąlygas bendrauti vaikams su artimaisiais giminaičiais,

valstybinė vaiko teisių apsaugos institucija gali įpareigoti tėvus sudaryti sąlygas artimiesiems giminaičiams bendrauti su vaikais.

2. Valstybinė vaiko teisių apsaugos institucija gali atsisakyti įpareigoti tėvus sudaryti sąlygas vaikui bendrauti su artimaisiais giminaičiais, jei toks bendravimas yra priešingas vaiko interesams.

3. Jei tėvai nevykdo valstybinės vaikų teisių apsaugos institucijos įpareigojimo ar artimieji giminaičiai nesutinka su valstybinės vaiko teisių apsaugos institucijos sprendimu, kuriuo atsisakoma įpareigoti tėvus sudaryti sąlygas bendrauti su jų vaiku, artimieji giminaičiai gali kreiptis į teismą.

4. Teismas, atsižvelgdamas į vaiko interesus, gali įpareigoti tėvus sudaryti sąlygas vaikui bendrauti su artimaisiais giminaičiais, jei tai neprieštarauja vaiko interesams.

3.177 straipsnis. Vaiko teisė reikšti savo nuomonę Teismas, nagrinėdamas ginčus dėl vaikų, privalo išklausyti vaiką, sugebantį išreikšti savo

pažiūras, ir išsiaiškinti vaiko norus.

3.178 straipsnis. Privalomas valstybinės vaiko teisių apsaugos institucijos dalyvavimas

1. Nagrinėjant ginčus dėl vaikų, būtinas valstybinės vaiko teisių apsaugos institucijos dalyvavimas.

2. Valstybinė vaiko teisių apsaugos institucija, ištyrusi šeimos aplinkos sąlygas, pateikia teismui išvadą dėl ginčo. Spręsdamas ginčą, teismas įvertina ne tik išvadą, bet ir vaiko norus bei kitus šalių pateiktus įrodymus.

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PENKTASIS SKIRSNIS TĖVŲ VALDŽIOS APRIBOJIMAS

3.179 straipsnis. Vaikų ir tėvų atskyrimas 1. Tais atvejais, kai tėvai (tėvas ar motina) negyvena kartu su vaiku dėl susiklosčiusių

objektyvių aplinkybių (dėl ligos ir pan.) ir reikia nuspręsti, kur turi gyventi vaikas, teismas gali nuspręsti atskirti vaiką nuo tėvų (tėvo ar motinos). Jei nepalankios aplinkybės susiklosto vienam iš tėvų, o kitas gali gyventi kartu su vaiku ir auklėti jį, vaikas atskiriamas tik nuo to iš tėvų.

2. Atskirtam nuo tėvų vaikui išsaugomos visos asmeninės ir turtinės teisės bei pareigos, pagrįstos giminyste.

3. Atskyrus vaiką nuo tėvų (tėvo ar motinos), tėvai netenka teisės gyventi kartu su vaiku ir reikalauti jį grąžinti iš kitų asmenų. Kitomis teisėmis tėvai gali naudotis tiek, kiek tai įmanoma negyvenant kartu su vaiku.

3.180 straipsnis. Tėvų valdžios apribojimo sąlygos, būdai ir pasekmės 1. Kai tėvai (tėvas ar motina) vengia atlikti savo pareigas auklėti vaikus, piktnaudžiauja

tėvų valdžia, žiauriai elgiasi su vaikais, daro žalingą įtaką vaikams savo amoraliu elgesiu arba nesirūpina vaikais, teismas gali priimti sprendimą dėl laikino ar neterminuoto tėvų (tėvo ar motinos) valdžios apribojimo.

2. Laikiną ar neterminuotą tėvų (tėvo ar motinos) valdžios apribojimą teismas taiko atsižvelgdamas į konkrečias aplinkybes, dėl kurių prašoma apriboti tėvų valdžią. Neterminuotas tėvų valdžios apribojimas gali būti taikomas tuomet, kai teismas padaro išvadą, kad tėvai (tėvas ar motina) daro ypatingą žalą vaiko vystymuisi ar visiškai juo nesirūpina, ir nėra duomenų, kad padėtis gali pasikeisti.

3. Apribojus tėvų valdžią laikinai ar neterminuotai, tėvams sustabdomos asmeninės ir turtinės teisės, pagrįstos giminyste ir nustatytos įstatymų. Išlieka teisė matytis su vaiku, išskyrus atvejus, kai tai prieštarauja vaiko interesams. Apribojus tėvų valdžią neterminuotai, be atskiro tėvų sutikimo vaikas gali būti įvaikintas.

4. Tėvų valdžios apribojimas taikomas tik dėl tų vaikų ir tik tam iš tėvų, dėl kurio priimtas teismo sprendimas.

3.181 straipsnis. Tėvų valdžios apribojimo panaikinimas ar tėvų valdžios apribojimo būdo pakeitimas kitu

1. Vaiko atskyrimas nuo tėvų (tėvo ar motinos) panaikinamas išnykus aplinkybėms, dėl kurių vaikas nuo tėvų atskirtas.

2. Tėvų valdžios laikinas ar neterminuotas apribojimas gali būti panaikinamas, jei įrodoma, kad tėvai (tėvas ar motina) pakeitė savo elgesį ir gali auklėti vaiką, ir jei tėvų valdžios apribojimo panaikinimas neprieštarauja vaiko interesams.

3. Jei aplinkybės pasikeitė, tačiau nėra pakankamo pagrindo visiškai panaikinti neterminuotą tėvų valdžios apribojimą, jis gali būti pakeistas laikinu apribojimu.

4. Jei paaiškėja, kad panaikinus tėvų valdžios laikiną ar neterminuotą apribojimą lieka sąlygos, dėl kurių vaikas negali gyventi kartu su tėvais, tėvų valdžios laikinas ar neterminuotas apribojimas gali būti pakeistas vaiko atskyrimu nuo tėvų.

5. Jei atskirti tėvai (tėvas ar motina) nuo vaikų savo tėvų valdžią naudoja priešingai vaikų interesams, jiems gali būti taikomas laikinas ar neterminuotas tėvų valdžios apribojimas.

6. Tėvų valdžios apribojimą galima panaikinti tik tuomet, jei vaikas neįvaikintas.

3.182 straipsnis. Asmenys, turintys teisę kreiptis dėl tėvų valdžios apribojimo ar apribojimo panaikinimo

1. Prašymą dėl vaiko atskyrimo nuo tėvų (tėvo ar motinos) gali paduoti vaiko tėvai, artimieji giminaičiai, valstybinė vaikų teisių apsaugos institucija, prokuroras.

2. Ieškinį dėl laikino ar neterminuoto tėvų valdžios apribojimo gali pareikšti vienas iš tėvų, vaiko artimieji giminaičiai, valstybinė vaiko teisių apsaugos institucija, prokuroras ar vaiko globėjas (rūpintojas).

3. Ieškinį dėl tėvų valdžios apribojimo panaikinimo gali pareikšti tėvai (tėvas ar motina), kuriems yra taikytas tėvų valdžios apribojimas.

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4. Prašymą panaikinti vaiko atskyrimą nuo tėvų (tėvo ar motinos) gali paduoti tėvai, vienas iš tėvų, vaiko globėjas (rūpintojas), artimieji vaiko giminaičiai, valstybinė vaiko teisių apsaugos institucija, prokuroras.

3.183 straipsnis. Tėvų valdžios apribojimo prašymų nagrinėjimas 1. Prašymai dėl vaiko atskyrimo nuo tėvų panaikinimo nagrinėjami supaprastinto proceso

tvarka. Jei paaiškėja, kad yra pagrindas tėvų valdžią laikinai ar neterminuotai apriboti, prašymas perduodamas nagrinėti ieškinio teisena.

2. Teismas, nagrinėjantis ieškinius dėl tėvų valdžios apribojimo bei perduotus nagrinėti ieškinine tvarka pareiškimus dėl vaiko atskyrimo nuo tėvų, nesaistomas pareikštų reikalavimų ir priima sprendimą atsižvelgdamas į susidariusią padėtį ir vaiko interesus.

3. Teismas išklauso vaiko, galinčio suformuluoti savo pažiūras, nuomonę ir į tai atsižvelgia.

4. Priėmęs sprendimą apriboti tėvų valdžią, teismas tuo pačiu sprendimu skiria vaikui globą (rūpybą) ir nustato jo gyvenamąją vietą.

3.184 straipsnis. Privalomas valstybinės vaikų teisių apsaugos institucijos dalyvavimas

1. Nagrinėjant bylą dėl tėvų valdžios apribojimo, privalo dalyvauti valstybinė vaiko teisių apsaugos institucija.

2. Valstybinė vaiko teisių apsaugos institucija, ištyrusi šeimos gyvenimo sąlygas, pateikia teismui išvadą dėl ginčo. Šią išvadą teismas vertina kartu su kitais byloje esančiais įrodymais.

XII SKYRIUS TURTINĖS VAIKŲ IR TĖVŲ TARPUSAVIO TEISĖS IR PAREIGOS

PIRMASIS SKIRSNIS TĖVŲ TEISĖS IR PAREIGOS, SUSIJUSIOS SU JŲ VAIKAMS

PRIKLAUSANČIU TURTU

3.185 straipsnis. Nepilnamečių vaikų turto tvarkymas 1. Turtą, kuris yra nepilnamečių vaikų nuosavybė, tvarko jų tėvai uzufrukto teisėmis. Tėvų

uzufrukto teisė negali būti įkeista, parduota ar kitokiu būdu perleista ar suvaržyta, iš jos taip pat negali būti išieškoma.

2. Tėvai savo nepilnamečiam vaikui priklausantį turtą tvarko bendru sutarimu. Tarp tėvų kilus ginčui dėl turto tvarkymo, bet kuris iš jų turi teisę kreiptis į teismą su prašymu nustatyti turto tvarkymo tvarką.

3. Jeigu tėvai ar vienas iš jų netinkamai tvarko savo nepilnamečiam vaikui priklausantį turtą, darydami žalą nepilnamečio turtiniams interesams, valstybinė vaiko teisių apsaugos institucija arba prokuroras turi teisę kreiptis į teismą ir prašyti nušalinti tėvus nuo nepilnamečiui priklausančio turto tvarkymo. Jei yra pagrindas, teismas nušalina tėvus nuo jų nepilnamečio vaiko turto tvarkymo, panaikina tėvų uzufrukto teisę į vaiko turtą bei skiria kitą asmenį nepilnamečiui priklausančio turto administratoriumi. Kai išnyksta nušalinimo pagrindai, teismas gali leisti tėvams toliau tvarkyti jų nepilnamečių vaikų turtą uzufrukto teisėmis.

3.186 straipsnis. Tėvų pareigos tvarkant nepilnamečių vaikų turtą 1. Tėvai privalo tvarkyti savo nepilnamečių vaikų turtą išimtinai vaikų interesais. 2. Pajamas ir vaisius, gaunamus iš nepilnamečiam vaikui priklausančio turto, tėvai gali

naudoti šeimos reikmėms, atsižvelgdami į vaiko interesus. 3. Nepilnamečio vaiko turtą tvarkantys tėvai neturi teisės tiesiogiai ar per tarpininkus

įsigyti savo nuosavybėn šio turto ar teisių į jį. Ši nuostata taip pat taikoma parduodant nepilnamečio turtą ar teises į jį varžytynėse. Ieškinį dėl tokių sandorių pripažinimo negaliojančiais gali pareikšti vaikas ar jo įpėdiniai.

4. Nepilnamečio vaiko tėvams draudžiama sudaryti reikalavimo perleidimo sutartį, pagal kurią jie įgytų reikalavimo teisę į savo nepilnamečio vaiko turtą ar jo teises.

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3.187 straipsnis. Nepilnamečių vaikų turtas, kuriam uzufruktas netaikomas Tėvai neturi teisės tvarkyti uzufrukto teisėmis savo nepilnamečių vaikų turto, kuris yra: 1) įgytas vaiko už savo paties uždirbtas lėšas; 2) skirtas vaiko lavinimo, jo pomėgių tenkinimo ar laisvalaikio organizavimo tikslams; 3) vaikui dovanotas ar jo paveldėtas su sąlyga, kad tam turtui nebus nustatomas

uzufruktas.

3.188 straipsnis. Sandoriai, susiję su nepilnamečio vaiko turtu 1. Be išankstinio teismo leidimo tėvai neturi teisės: 1) perleisti, įkeisti savo nepilnamečių vaikų turtą ar kitaip suvaržyti teises į jį; 2) savo nepilnamečių vaikų vardu priimti ar atsisakyti priimti palikimą; 3) sudaryti nepilnamečių vaikų turto nuomos sutartį ilgesniam nei penkerių metų terminui; 4) nepilnamečių vaikų vardu sudaryti arbitražinį susitarimą; 5) nepilnamečių vaikų vardu sudaryti paskolos sutartį, jeigu sutarties suma viršija keturių

minimalių algų dydį; 6) investuoti nepilnamečių vaikų pinigines lėšas, jeigu jų suma viršija dešimties minimalių

mėnesinių algų dydį. 2. Jeigu sudarant sandorį kyla interesų konfliktas tarp tų pačių tėvų nepilnamečių vaikų

arba tarp nepilnamečio vaiko ir jo tėvų, bet kurio iš tėvų prašymu teismas tam sandoriui sudaryti skiria ad hoc globėją.

3. Jeigu kyla interesų konfliktas tarp nepilnamečio vaiko ir vieno iš jo tėvų, vaiko interesams atstovauja ir sandorius sudaro tas iš tėvų, tarp kurio ir vaiko nėra interesų konflikto.

4. Pažeidus šio straipsnio 1, 2 ir 3 dalyse nustatytas normas, sandoris gali būti pripažintas negaliojančiu pagal vaiko, vieno iš jo tėvų ar jų įpėdinių ieškinį.

3.189 straipsnis. Draudimas perleisti ar suvaržyti uzufrukto teisę 1. Nepilnamečių vaikų tėvams, tvarkantiems savo vaikų turtą uzufrukto teise, draudžiama

perleisti, įkeisti ar kitokiu būdu suvaržyti uzufrukto teisę. 2. Pagal nepilnamečių vaikų tėvų kreditorių reikalavimus negali būti išieškoma iš

nepilnamečių vaikų turto ar iš jų tėvų uzufrukto teisės.

3.190 straipsnis. Uzufrukto teisė, kai turtą tvarko tik vienas iš tėvų 1. Jeigu tėvų valdžia priklauso tik vienam iš nepilnamečio vaiko tėvų, tai vaiko turtą

uzufrukto teise tvarko tik šis tėvas arba motina. Ištuokos ar gyvenimo skyrium atveju turto tvarkymo teisė priklauso tam iš tėvų, su kuriuo lieka gyventi vaikas.

2. Jei nepilnamečio vaiko tėvas (motina) sudaro naują santuoką, jis (ji) išsaugo uzufrukto teisę į nepilnamečio vaiko turtą, tačiau privalo pervesti į vaiko sąskaitą visas turto duodamas pajamas ir atskirai sutvarkyti vaisių apskaitą, kurie viršija išlaidas vaiko ugdymui (auklėjimui, lavinimui, materialiniam aprūpinimui). Jeigu naujas vaiko tėvo (motinos) sutuoktinis vaiką įvaikina, tai jis taip pat įgyja turto tvarkymo teisę.

3.191 straipsnis. Turto tvarkymo ir uzufrukto teisės pabaiga 1. Tėvai netenka teisės tvarkyti uzufrukto teise savo nepilnamečių vaikų turtą, kai: 1) įstatymų nustatyta tvarka nepilnametis emancipuojamas; 2) įstatymų nustatyta tvarka nepilnametis sudaro santuoką; 3) vaikas sulaukia pilnametystės; 4) teismas nušalina tėvus nuo turto tvarkymo; 5) teismas atskiria vaikus nuo tėvų ar apriboja tėvų valdžią. 2. Jeigu pasibaigus uzufrukto teisei vaiko tėvai (ar vienas iš jų, su kuriuo gyvena vaikas) ir

toliau naudojasi vaiko turtu, jie privalo grąžinti vaikui turtą ir visas iš vaiko turto gautas pajamas ir vaisius nuo to momento, kai to pareikalavo vaikas ar jo atstovas.

ANTRASIS SKIRSNIS VAIKŲ IR TĖVŲ TARPUSAVIO IŠLAIKYMO PAREIGOS

3.192 straipsnis. Tėvų pareiga materialiai išlaikyti savo vaikus

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1. Tėvai privalo materialiai išlaikyti savo nepilnamečius vaikus. Išlaikymo tvarka ir forma nustatoma bendru tėvų susitarimu.

2. Išlaikymo dydis turi būti proporcingas nepilnamečių vaikų poreikiams bei jų tėvų turtinei padėčiai ir užtikrinti būtinas vaikui vystytis sąlygas.

3. Materialinį išlaikymą savo nepilnamečiams vaikams privalo teikti abu tėvai proporcingai savo turtinei padėčiai.

3.193 straipsnis. Tėvų susitarimas dėl savo nepilnamečių vaikų išlaikymo 1. Nepilnamečių vaikų tėvai, nutraukdami santuoką bendru sutarimu (šio kodekso 3.51

straipsnis) arba pradėdami gyventi skyrium (šio kodekso 3.73 straipsnis), sudaro sutartį, kurioje numato tarpusavio pareigas materialiai išlaikant savo nepilnamečius vaikus, taip pat tokio išlaikymo tvarką, dydį ir formas. Šią sutartį tvirtina teismas (šio kodekso 3.53 straipsnis).

2. Nepilnamečių vaikų tėvai gali sudaryti sutartį dėl savo vaikų materialinio išlaikymo taip pat ir nutraukiant santuoką kitais pagrindais.

3. Jeigu vienas iš tėvų nevykdo teismo patvirtintos jų sutarties dėl nepilnamečių vaikų išlaikymo, kitas iš tėvų įgyja teisę kreiptis į teismą dėl vykdomojo rašto išdavimo.

3.194 straipsnis. Išlaikymo priteisimas 1. Jeigu nepilnamečio vaiko tėvai (ar vienas jų) nevykdo pareigos materialiai išlaikyti savo

nepilnamečius vaikus, teismas išlaikymą priteisia pagal vieno iš tėvų ar vaiko globėjo (rūpintojo) arba valstybinės vaiko teisių apsaugos institucijos ieškinį.

2. Išlaikymas taip pat priteisiamas, jeigu tėvai, nutraukdami santuoką ar pradėdami gyventi skyrium, nesusitarė dėl savo nepilnamečių vaikų išlaikymo šios knygos nustatyta tvarka.

*3. Išlaikymą teismas priteisia, kol vaikas sulaukia pilnametystės, išskyrus atvejus, kai vaikas yra nedarbingas dėl invalidumo, kuris jam nepilnamečiui nustatytas, arba kai vaikui būtina parama, jis mokosi vidurinių, aukštųjų ar profesinių mokyklų dieniniuose skyriuose ir yra ne vyresnis negu 24 metų.

4. Priteisto išlaikymo išieškojimas nutraukiamas, jeigu: 1) nepilnametis emancipuojamas; 2) vaikas sulaukė pilnametystės; 3) vaikas įvaikinamas; 4) vaikas miršta. 5. Kai asmuo, iš kurio buvo priteistas išlaikymas, mirė, išlaikymo pareiga pereina jo

įpėdiniams, kiek leidžia paveldimas turtas, nesvarbu, koks palikimo priėmimo būdas pagal šio kodekso penktosios knygos normas.

*Pastaba. Pripažinti, kad Lietuvos Respublikos civilinio kodekso 3.194 straipsnio 3 dalis (2004 m. lapkričio 11 d. redakcija; Žin., 2004, Nr. 171-6319) ta apimtimi, kuria nustatyta, kad teismas visais atvejais privalo priteisti tėvų (ar vieno iš jų) išlaikymą paramos reikalingam, vidurinį išsilavinimą jau įgijusiam, aukštosios ar profesinės mokyklos dieniniame skyriuje besimokančiam ir ne vyresniam negu 24 metų pilnamečiam asmeniui, prieštarauja Lietuvos Respublikos Konstitucijos 109 straipsnio 1 daliai, konstituciniam teisinės valstybės principui. Straipsnio pakeitimai: Nr. IX-2571, 2004-11-11, Žin., 2004, Nr. 171-6319 (2004-11-26) Lietuvos Respublikos Konstitucinis Teismas, Nutarimas 2007-06-07, Žin., 2007, Nr. 65-2529 (2007-06-12)

3.195 straipsnis. Išlaikymo pareiga atskyrus vaikus nuo tėvų Tėvų pareiga išlaikyti savo nepilnamečius vaikus išlieka ir atskyrus vaikus nuo tėvų arba

apribojus tėvų valdžią, išskyrus atvejus, kai vaikas įvaikinamas.

3.196 straipsnis. Išlaikymo forma ir dydis 1. Teismas gali priteisti išlaikymą nepilnamečiams vaikams iš jų tėvų (vieno jų), kurie

nevykdo pareigos išlaikyti savo vaikus, šiais būdais: 1) kas mėnesį mokamomis periodinėmis išmokomis; 2) konkrečia pinigų suma; 3) priteisiant vaikui tam tikrą turtą.

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2. Kol bus išnagrinėta byla, teismas nutartimi gali įpareigoti mokėti laikiną išlaikymą.

3.197 straipsnis. Priverstinis įkeitimas (hipoteka) Prireikus teismas, priimdamas sprendimą dėl išlaikymo priteisimo, nustato tėvų (ar vieno

iš jų) turtui priverstinį įkeitimą (hipoteką). Jeigu teismo sprendimas dėl išlaikymo išieškojimo nevykdomas, tai išieškoma iš įkeisto turto įstatymų nustatyta tvarka.

3.198 straipsnis. Išlaikymo priteisimas, kai išlaikymas turi būti mokamas dviem ar daugiau vaikų

1. Teismas, priteisdamas išlaikymą dviem ar daugiau vaikų, turi nustatyti tokį išlaikymo dydį, kuris būtų pakankamas tenkinti bent minimalius visų vaikų poreikius.

2. Išieškota išlaikymo suma visiems vaikams turi būti panaudota lygiomis dalimis, išskyrus atvejus, kai dėl svarbių priežasčių (ligos ir kt.) yra būtina nukrypti nuo lygybės principo.

3.199 straipsnis. Pajamų, iš kurių išskaitomas priteistas išlaikymas, rūšys Nepilnamečiams vaikams priteistas išlaikymas išieškomas iš privalančio jį mokėti tėvo

(motinos) darbo užmokesčio, taip pat iš visų kitų jų pajamų rūšių.

3.200 straipsnis. Išlaikymo priteisimo momentas Išlaikymas priteisiamas nuo teisės į išlaikymą atsiradimo dienos, tačiau išlaikymo

įsiskolinimas negali būti išieškotas daugiau kaip už trejus metus iki ieškinio pareiškimo dienos.

3.201 straipsnis. Išlaikymo dydžio ir formos pakeitimas 1. Teismas gali pagal vaiko, jo tėvo (motinos) arba valstybinės vaiko teisių apsaugos

institucijos ar prokuroro ieškinį sumažinti arba padidinti priteisto išlaikymo dydį, jeigu po teismo sprendimo, kuriuo buvo priteistas išlaikymas, priėmimo iš esmės pasikeitė šalių turtinė padėtis.

2. Priteisto išlaikymo dydis gali būti padidintas atsiradus papildomoms vaiko priežiūros išlaidoms (vaiko liga, sužalojimas, slaugymas ar nuolatinė priežiūra). Prireikus teismas gali priteisti atlyginti ir būsimas vaiko gydymo išlaidas.

3. Teismas pagal šio straipsnio 1 dalyje nurodytų asmenų prašymą gali pakeisti priteisto išlaikymo formą.

3.202 straipsnis. Išlaikymo išieškojimas, kai vaikui nustatyta globa (rūpyba) 1. Jeigu vaikui yra nustatyta globa (rūpyba), tai išlaikymas išieškomas globėjui

(rūpintojui), kuris privalo naudoti gautą išlaikymą išimtinai vaiko interesams. 2. Jeigu vaikas, kuriam priteistas išlaikymas, gyvena vaikų globos institucijoje, išlaikymas

išieškomas ir mokamas vaikų globos institucijai. Tokiu atveju vaikų globos institucija atidaro kiekvieno išlaikymą gaunančio vaiko sąskaitą valstybės kontroliuojamoje kredito įstaigoje. Šioje sąskaitoje esančiomis lėšomis įstatymų nustatyta tvarka savo interesais gali disponuoti tik pats vaikas ar vaiko interesais – jo globėjas (rūpintojas).

3.203 straipsnis. Išlaikymo naudojimas 1. Vaikui skirtas išlaikymas privalo būti naudojamas tik jo interesams. 2. Vaikui skirtas išlaikymas, kurį jo tėvai, globėjai (rūpintojai) panaudoja ne vaiko

interesams, yra išieškomas iš asmens, panaudojusio išlaikymą ne vaiko interesams, turto pagal vaiko atstovų, valstybinės vaikų teisių apsaugos institucijos ar prokuroro ieškinį.

3.204 straipsnis. Valstybės išlaikomi vaikai 1. Valstybė išlaiko nepilnamečius vaikus, ilgiau kaip mėnesį negaunančius išlaikymo iš

tėvo (motinos) ar iš kitų pilnamečių artimųjų giminaičių, turinčių galimybę juos išlaikyti. 2. Valstybės teikiamo išlaikymo dydį, tvarką ir sąlygas nustato Vyriausybė. 3. Valstybė, teikusi išlaikymą nepilnamečiams vaikams pagal šį straipsnį, turi atgręžtinio

reikalavimo teisę išieškoti vaikui suteiktas išlaikymo lėšas iš vaiko tėvų ar kitų jo pilnamečių artimųjų giminaičių, jeigu jie neteikė vaikui išlaikymo dėl priežasčių, teismo pripažintų nesvarbiomis.

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3.205 straipsnis. Pilnamečių vaikų pareiga išlaikyti savo tėvus 1. Pilnamečiai vaikai privalo išlaikyti savo nedarbingus ir paramos reikalingus tėvus ir jais

rūpintis. 2. Išlaikymas mokamas vaikų ir tėvų tarpusavio susitarimu arba pagal tėvų ieškinį teismo

sprendimu priteisus išlaikymą iš vaikų. 3. Išlaikymas mokamas (priteisiamas) nustatyta pinigų suma, mokama kas mėnesį. 4. Išlaikymo dydį nustato teismas, atsižvelgdamas į vaikų ir tėvų šeiminę bei turtinę

padėtį, taip pat kitas bylai svarbias aplinkybes. Teismas, nustatydamas išlaikymo dydį, turi atsižvelgti į visų pilnamečių to tėvo (motinos) vaikų pareigą išlaikyti tėvus, neatsižvelgiant į tai, ar ieškinys dėl išlaikymo priteisimo pareikštas visiems vaikams ar tik vienam iš jų.

3.206 straipsnis. Atsisakymas priteisti išlaikymą tėvams 1. Teismas gali atleisti pilnamečius vaikus nuo pareigos išlaikyti savo nedarbingus tėvus,

jeigu nustato, kad tėvai vengė atlikti savo pareigas nepilnamečiams vaikams. 2. Jeigu vaikai buvo atskirti nuo savo tėvų nuolatinai dėl pačių tėvų kaltės, tokie tėvai

neturi teisės į išlaikymą.

3.207 straipsnis. Nedarbingų tėvų papildomų išlaidų kompensacija 1. Jeigu pilnamečiai vaikai nesirūpina savo nedarbingais tėvais, teismas pagal tėvų ieškinį

gali iš vaikų priteisti papildomas išlaidas, tėvų turėtas dėl sunkios jų ligos, sužalojimo ar jiems būtinos priežiūros, kurią atlygintinai atliko pašaliniai asmenys.

2. Teismas, priteisdamas tokių papildomų išlaidų kompensaciją, turi atsižvelgti į tėvų ir vaikų šeiminę ir turtinę padėtį bei kitas bylai svarbias aplinkybes.

3.208 straipsnis. Išlaikymo indeksavimas Jeigu išlaikymas buvo priteistas periodinėmis išmokomis, išlaikymo suma indeksuojama

kasmet Vyriausybės nustatyta tvarka atsižvelgiant į infliaciją.

V DALIS ĮVAIKINIMAS

XIII SKYRIUS ĮVAIKINIMO SĄLYGOS IR TVARKA

3.209 straipsnis. Vaikai, kuriuos leidžiama įvaikinti 1. Įvaikinimas galimas tik vaiko interesais. 2. Įvaikinti leidžiama tik tuos vaikus, kurie yra įrašyti į įvaikinamų vaikų apskaitą (sąrašą),

išskyrus atvejus, kai įvaikinamas sutuoktinio vaikas arba kai įvaikinamas vaikas, gyvenantis įvaikintojo šeimoje.

3. Įvaikinti leidžiama tik ne jaunesnius kaip trijų mėnesių nepilnamečius vaikus. 4. Neleidžiama įvaikinti savo vaikų, seserų ir brolių. 5. Įvaikintą vaiką leidžiama įvaikinti tik įtėvio (įmotės) sutuoktiniui. 6. Įvaikinti išskiriant seseris ir brolius leidžiama tik išimtiniais atvejais, kai negalima

užtikrinti seserų ir brolių gyvenimo kartu dėl jų sveikatos arba kai dėl įvairių aplinkybių seserys ir broliai jau buvo išskirti ir nėra galimybių užtikrinti jų gyvenimo kartu.

3.210 straipsnis. Asmenys, turintys teisę įvaikinti 1. Įvaikintojais gali būti pilnamečiai abiejų lyčių asmenys iki penkiasdešimties metų,

tinkamai pasirengę įvaikinti. Išimtiniais atvejais teismas gali leisti įvaikinti ir vyresnio amžiaus asmenims.

2. Teisę įvaikinti turi sutuoktiniai. Išimtiniais atvejais leidžiama įvaikinti nesusituokusiam asmeniui ar vienam iš sutuoktinių.

3. Nesusituokę asmenys to paties vaiko įvaikinti negali. 4. Įvaikintojai negali būti asmenys, teismo pripažinti neveiksniais arba ribotai veiksniais,

asmenys, kuriems yra ar buvo apribota tėvų valdžia, buvę vaiko globėjai (rūpintojai), jei globa (rūpyba) panaikinta dėl jų kaltės.

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5. Asmenys, norintys įsivaikinti vaiką (išskyrus vaiko motinos (tėvo) sutuoktinį ir giminaičius), turi būti įtraukti į asmenų, norinčių įsivaikinti vaiką, apskaitą, kurią tvarko valstybinė įvaikinimo institucija.

6. Jeigu tą patį vaiką nori įvaikinti keli įvaikintojai, pirmenybė, atsižvelgiant į vaiko interesus, teikiama:

1) giminaičiams; 2) sutuoktiniams; 3) asmenims, įvaikinantiems seseris ir brolius kartu; 4) Lietuvos Respublikos piliečiams; 5) asmenims, įvaikinantiems savo sutuoktinio vaikus ir įvaikius; 6) asmenims, kurių šeimoje auklėjamas ir išlaikomas vaikas, kurį norima įvaikinti.

3.211 straipsnis. Amžiaus skirtumas tarp įvaikintojo ir įvaikinamo vaiko 1. Amžiaus skirtumas tarp įvaikintojo ir įvaikinamo vaiko turi būti ne mažesnis kaip

aštuoniolika metų. 2. Įvaikinant savo sutuoktinio vaikus arba įvaikius, amžiaus skirtumas, nustatytas šio

straipsnio 1 dalyje, teismo gali būti sumažintas iki penkiolikos metų.

3.212 straipsnis. Tėvų sutikimas įvaikinti 1. Įvaikinimui būtinas vaiko tėvų rašytinis sutikimas, patvirtintas teismo. 2. Jei įvaikinamo vaiko tėvai yra nepilnamečiai ar neveiksnūs, būtinas jų tėvų arba globėjų

(rūpintojų) rašytinis sutikimas, patvirtintas teismo. Jei įvaikinamas vaikas turi įstatymų nustatyta tvarka paskirtą globėją (rūpintoją) (išskyrus valstybinę globos instituciją), būtinas globėjo (rūpintojo) rašytinis sutikimas, patvirtintas teismo.

3. Tėvai sutikimą įvaikinti vaiką konkrečiam įvaikintojui gali duoti tik tuo atveju, jei jis yra giminaitis.

4. Patvirtinęs tėvų (globėjų, rūpintojų) rašytinį sutikimą, teismas nutartimi tėvams (globėjams, rūpintojams) išaiškina šio kodekso 3.227 straipsnyje nustatytas įvaikinimo pasekmes ir tėvų teisę atšaukti savo duotą sutikimą.

5. Nutarties, patvirtinančios sutikimą įvaikinti, įsiteisėjusį nuorašą teismas per tris darbo dienas išsiunčia valstybinei įvaikinimo institucijai.

3.213 straipsnis. Tėvų sutikimo įvaikinti vaiką atšaukimas 1. Tėvai savo duotą sutikimą įvaikinti gali atšaukti, jei dėl įvaikinimo nėra priimtas teismo

sprendimas. 2. Pareiškimą dėl sutikimo įvaikinti vaiką atšaukimo tėvai turi įteikti valstybinei

įvaikinimo institucijai. Jei vaikas įvaikintas, valstybinė įvaikinimo institucija apie tai praneša tėvams, neatskleisdama įvaikintojų. Prašymą įteikus iki dienos, kurią turi būti nagrinėjamas teisme prašymas dėl įvaikinimo, valstybinė įvaikinimo institucija praneša teismui, nagrinėjančiam šį prašymą, apie sutikimo atšaukimą ir pasiunčia sutikimo atšaukimo pareiškimą nagrinėti tą sutikimą patvirtinusiam teismui. Prašymo dėl įvaikinimo nagrinėjimas sustabdomas, kol bus išspręstas sutikimo atšaukimo klausimas.

3. Teismas nepatvirtina sutikimo įvaikinti atšaukimo, jei nuo tėvų valdžios apribojimo yra praėję vieneri metai ir tėvų valdžios apribojimas nepanaikintas arba jeigu nustato, jog tėvai duotą sutikimą atšaukia tik siekdami materialinės naudos.

3.214 straipsnis. Įvaikinimas be tėvų sutikimo Įvaikinamo vaiko tėvų sutikimo nereikalaujama, jeigu tėvai yra nežinomi ar mirę, jeigu

tėvams neterminuotai apribota tėvų valdžia arba jeigu tėvai pripažinti neveiksniais arba paskelbti mirusiais.

3.215 straipsnis. Įvaikinamo vaiko sutikimas 1. Kai įvaikinamas dešimties metų sulaukęs vaikas, būtinas jo rašytinis sutikimas.

Sutikimą vaikas duoda teismui, be šio sutikimo įvaikinti negalima.

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2. Kai įvaikinamas dešimties metų nesulaukęs vaikas, jei jis sugeba išreikšti savo nuomonę, turi būti išklausytas teisme, ir teismas, priimdamas sprendimą, turi atsižvelgti į vaiko norą, jei jis neprieštarauja jo paties interesams.

3.216 straipsnis. Įvaikintojo sutuoktinio sutikimas įvaikinti 1. Jeigu vaiką įvaikina vienas iš sutuoktinių, būtinas kito sutuoktinio rašytinis sutikimas

įvaikinti. 2. Kito sutuoktinio sutikimo įvaikinti nereikalaujama, jeigu teismas yra priėmęs sprendimą

dėl sutuoktinių gyvenimo skyrium arba jei sutuoktinis yra paskelbtas nežinia kur esantis ar pripažintas neveiksniu.

3.217 straipsnis. Pasirengimo įvaikinti patikrinimas 1. Valstybinės įvaikinimo institucijos atestuoti socialiniai darbuotojai išsiaiškina, ar

būsimiems įtėviams nėra šio kodekso trečiojoje knygoje numatytų kliūčių įvaikinti, ištiria jų gyvenimo sąlygas, būdą, surenka informaciją apie sveikatos būklę ir pateikia išvadą dėl būsimųjų įvaikintojų pasirengimo įvaikinti. Medicininių kontraindikacijų, kurioms esant asmenys negali būti įvaikintojai, sąrašą patvirtina Vyriausybė ar jos įgaliota institucija.

2. Jei būsimieji įtėviai nesutinka su atestuoto socialinio darbuotojo išvada dėl jų pasirengimo įvaikinti, jie gali šią išvadą apskųsti teismui.

3. Ar įtėviai turi tinkamas sąlygas ir deramai pasirengę įvaikinimui, nusprendžia teismas, nagrinėjantis prašymą dėl įvaikinimo.

4. Būsimiesiems įtėviams, ketinantiems įvaikinti vaiką užsienyje, išvadą, ar nėra įstatymų numatytų kliūčių įvaikinti ir ar būsimieji įtėviai tinkamai pasirengę įvaikinti, nutartimi patvirtina Vilniaus apygardos teismas.

3.218 straipsnis. Duomenų apie įvaikinamą vaiką pateikimas 1. Valstybinė įvaikinimo institucija pateikia teismui duomenis apie įvaikinamo vaiko

kilmę, vystymąsi, sveikatos būklę ir šeimą. 2. Duomenis apie galimus įvaikinti vaikus iki prašymo įvaikinti padavimo teismui

valstybinė įvaikinimo institucija privalo pateikti visiems asmenims, įrašytiems į norinčių įvaikinti eilę.

3.219 straipsnis. Įvaikinimo apskaita 1. Asmenų, norinčių įvaikinti vaikus, ir vaikų, galimų įvaikinti, apskaitą tvarko valstybinė

įvaikinimo institucija, kurios nuostatus tvirtina Vyriausybė. 2. Teismas, priėmęs sprendimą neterminuotai apriboti tėvų valdžią ar nutartimi patvirtinęs

tėvų rašytinį sutikimą įvaikinti tų tėvų vaiką, įsiteisėjusį teismo sprendimą ar nutartį per tris darbo dienas išsiunčia valstybinei įvaikinimo institucijai.

3. Suėjus vieneriems metams nuo laikino tėvų valdžios apribojimo, valstybinė įvaikinimo institucija išsiaiškina, ar tėvams nepanaikintas tėvų valdžios apribojimas. Jei tėvų valdžios apribojimas nepanaikintas, jų vaikas įtraukiamas į galimų įvaikinti vaikų apskaitą.

3.220 straipsnis. Prašymų įvaikinti nagrinėjimas 1. Lietuvos Respublikos piliečių prašymus įvaikinti nagrinėja apylinkės teismai pagal

pareiškėjo arba įvaikinamo vaiko gyvenamąją vietą, dalyvaujant pareiškėjams ir valstybinės įvaikinimo institucijos atstovui.

2. Užsienio valstybių piliečių prašymus įvaikinti Lietuvos Respublikos pilietį, gyvenantį Lietuvos Respublikoje arba užsienio valstybėje, nagrinėja Vilniaus apygardos teismas.

3. Prašymas įvaikinti nagrinėjamas ypatingosios teisenos tvarka. Įsiteisėjusį teismo sprendimą teismas per tris darbo dienas išsiunčia civilinės metrikacijos įstaigai, įregistravusiai vaiko gimimą.

3.221 straipsnis. Įvaikinimo konfidencialumas 1. Įvaikinimo bylą teismas nagrinėja uždarame teismo posėdyje. 2. Be įtėvių sutikimo, kol vaikas sulaukia pilnametystės, negali būti atskleisti duomenys

apie įvaikinimą.

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3. Vaikui nuo keturiolikos metų, taip pat buvusiems vaiko artimiesiems giminaičiams pagal kilmę ar kitiems asmenims teismo, nagrinėjusio įvaikinimo bylą, leidimu gali būti suteikta informacija apie įvaikinimą, jei ši informacija reikalinga dėl vaiko, jo artimojo giminaičio ar kitų asmenų sveikatos ar kitų svarbių priežasčių.

3.222 straipsnis. Vaiko perkėlimas į šeimą iki įvaikinimo 1. Būsimiems įtėviams valstybinės įvaikinimo institucijos prašymu ar savo iniciatyva

teismas iki įvaikinimo gali nustatyti nuo šešių iki dvylikos mėnesių bandomąjį laiką ir perkelti vaiką gyventi, auklėti ir išlaikyti į būsimųjų įtėvių šeimą. Jei priimama nutartis perkelti vaiką į šeimą, įvaikinimo bylos nagrinėjimas sustabdomas.

2. Bandomasis laikas gali būti skiriamas atsižvelgiant į būsimų įtėvių ir vaiko psichologinį pasirengimą įvaikinti, būsimų įtėvių ir įvaikio bendravimo trukmę iki prašymo įvaikinti ir kitas aplinkybes, dėl kurių gali kilti abejonių, ar vaikas pritaps įvaikintojų šeimoje.

3. Teismo nutartimi vaiką perkėlus į šeimą iki įvaikinimo, vaiko ir būsimų įvaikintojų tarpusavio teisės ir pareigos, išskyrus paveldėjimo, prilyginamos vaikų ir tėvų pagal kilmę tarpusavio teisėms bei pareigoms.

4. Įvaikinę vaiką, įvaikintojai laikomi vaiko tėvais pagal įstatymą nuo nutarties perkelti vaiką į šeimą įsiteisėjimo. Teismas tai pažymi teismo sprendime.

3.223 straipsnis. Pirmenybė įvaikinti 1. Jeigu įvaikinti tą patį vaiką nori keli asmenys, pirmenybė suteikiama tokia eile: 1) asmenims, įvaikinantiems savo sutuoktinio vaikus ir įvaikius; 2) giminaičiams; 3) asmenims, įvaikinantiems seseris ir brolius kartu; 4) sutuoktiniams. 2. Jei įvaikinti vaiką pareiškia norą keli tos pačios eilės asmenys, įsivaikina tas, kuris

pirmas įtrauktas į apskaitą įvaikinti.

3.224 straipsnis. Įvaikinimas užsienio valstybės piliečiui 1. Užsienio valstybės piliečiui, įvaikinančiam vaiką, taikomos šio kodekso 3.209–3.221

straipsniuose nustatytos taisyklės. 2. Be šio kodekso 3.209–3.221 straipsniuose nustatytų taisyklių, įvaikinimas užsienio

valstybės piliečiams galimas, jeigu: 1) per šešis mėnesius nuo vaiko įrašymo į galimų įvaikinti vaikų sąrašą nėra Lietuvos

Respublikos piliečių prašymų įvaikinti ar globoti vaiką; 2) vaiko, auklėjamo ir išlaikomo šeimoje ar šeimynoje, šeimos ar šeimynos tėvai duoda

teismui rašytinį sutikimą įvaikinti; 3) vaiko globėjas (rūpintojas) duoda teismui rašytinį sutikimą įvaikinti. 3. Teismas turi teisę vaiko interesais priimti sprendimą įvaikinti be šeimos, šeimynos tėvų,

globėjo (rūpintojo) sutikimo. 4. Kai vaikas įvaikinamas kitoje valstybėje, turi būti imamasi visų reikiamų priemonių,

kad vaiko įkurdinimas kitoje valstybėje neleistų su tuo susijusiems asmenims gauti nepateisinamos materialinės naudos.

5. Sprendžiant klausimą dėl vaiko įvaikinimo užsienio valstybės piliečiui, privalo būti atsižvelgta į vaiko auklėjimo paveldimumą, etninę kilmę, religinę ir kultūrinę priklausomybę ir gimtąją kalbą, taip pat ar valstybės, į kurią vaikas įvaikinamas, teisė atitinka 1993 m. gegužės 29 d. Hagos konvencijos dėl vaikų apsaugos ir bendradarbiavimo tarptautinio įvaikinimo srityje, reikalavimus.

3.225 straipsnis. Įvaikinimo, atlikto užsienyje, pripažinimas Įvaikinimas, atliktas užsienyje, pripažįstamas tarptautinių sutarčių ir šio kodekso

pirmosios knygos normų nustatyta tvarka ir sąlygomis.

3.226 straipsnis. Vaikų, užsienio valstybės piliečių, įvaikinimas

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1. Vaikai – užsienio valstybės piliečiai, gyvenantys Lietuvos Respublikoje –įvaikinami šio skyriaus nustatyta tvarka, jeigu tarptautinėje sutartyje arba susitarime su atitinkama užsienio valstybe ir Lietuvos Respublika nėra nustatyta kitokia jų įvaikinimo tvarka.

2. Užsienio valstybių piliečių prašymus įvaikinti vaikus nagrinėja Vilniaus apygardos teismas.

XIV SKYRIUS ĮVAIKINIMO TEISINĖS PASEKMĖS

3.227 straipsnis. Įvaikinimo pasekmės 1. Įvaikinimu panaikinamos tėvų ir vaikų bei jų giminaičių pagal kilmę tarpusavio

asmeninės ir turtinės teisės bei pareigos ir sukuriamos įtėviams bei jų giminaičiams ir įvaikiams bei jų palikuonims tarpusavio asmeninės ir turtinės teisės bei pareigos kaip giminaičiams pagal kilmę.

2. Įvaikintojai laikomi vaiko tėvais pagal įstatymą nuo teismo sprendimo įvaikinti įsiteisėjimo, išskyrus šio kodekso 3.222 straipsnio 4 dalyje numatytą išimtį.

3.228 straipsnis. Įvaikio vardas ir pavardė 1. Teismo sprendimu įvaikintam vaikui suteikiama įtėvių pavardė ir gali būti pakeičiamas

vaiko vardas, jeigu vardą pakeisti sutinka vaikas, galintis išreikšti savo nuomonę. 2. Įtėvių ir įvaikio, galinčio išreikšti savo nuomonę, prašymu vaikui gali būti paliekama

buvusi pavardė pagal kilmę. 3. Kai dėl įvaikio pavardės ar vardo nesutaria įtėviai tarp savęs ar su vaiku, pavardės ar

vardo pakeitimo klausimą išsprendžia teismas, atsižvelgdamas į vaiko interesus.

VI DALIS KITŲ ŠEIMOS NARIŲ TEISĖS IR PAREIGOS

XV SKYRIUS BENDRAS GYVENIMAS NEĮREGISTRAVUS SANTUOKOS

3.229 straipsnis. Taikymo ribos Šio skyriaus normos nustato turtinius santykius tarp vyro ir moters, kurie, įregistravę savo

partnerystę įstatymų nustatyta tvarka, bendrai gyvena ne mažiau kaip vienerius metus neįregistravę santuokos (sugyventiniai), turėdami tikslą sukurti šeiminius santykius.

3.230 straipsnis. Turtas, kurio teisinį režimą nustato šio skyriaus normos 1. Šio skyriaus normos nustato šiame straipsnyje numatyto turto teisinį režimą, jeigu

sugyventiniai šį turtą bendrai įgijo ir bendrai naudoja. 2. Sugyventinių bendrai naudojamu turtu pripažįstama: 1) bendrai įgytas gyvenamasis namas ar butas, kurį sugyventiniai naudoja bendrai

gyvendami; 2) vieno iš sutuoktinių nuomos, uzufrukto teisė ar kitokia teisė naudotis gyvenamuoju

namu ar butu, kurį sugyventiniai naudoja bendrai gyvendami; 3) bendrai įgytas nekilnojamasis daiktas, susijęs su bendram gyvenimui naudojamu

gyvenamuoju namu ar butu, jeigu šis nekilnojamasis daiktas sugyventinių bendrai naudojamas; 4) baldai ir kiti namų apyvokos daiktai, kuriuos sugyventiniai bendrai įgyja ir naudoja,

išskyrus daiktus, kuriuos sugyventiniai individualiai naudoja. 3. Šio skyriaus normos netaikomos turtui, kurį sugyventiniai naudoja rekreacijai (sodas,

vasarnamis ir pan.).

3.231 straipsnis. Sugyventinių bendrai naudojamo turto teisinis režimas 1. Jeigu šio kodekso 3.230 straipsnyje nurodyti nekilnojamieji daiktai ar teisės į jį

įregistruoti vieno sugyventinio vardu, abu sugyventiniai bendru prašymu gali nurodyti atitinkamam viešam registrui įrašyti reikiamą įrašą apie tai, kad šiuos daiktus ar teises į juos abu

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sugyventiniai bendrai naudoja. Tokiame prašyme esančių sugyventinių parašų tikrumą turi patvirtinti notaras.

2. Sugyventiniai turi teisę sudaryti notarine tvarka sutartį, kurioje jie nustato bendrai įgyto ir naudojamo turto padalijimo klausimus pasibaigus jų bendram gyvenimui. Tokiai sutarčiai mutatis mutandis taikomos šio kodekso 3.101–3.108 straipsnių nuostatos.

3.232 straipsnis. Bendrai įgyto ir naudojamo turto padalijimas Visas turtas, kurį sugyventiniai įgijo bendrai gyvendami ar naudojo bendrai, gali būti

padalytas vieno sugyventinio reikalavimu teismo tvarka, pasibaigus jų bendram gyvenimui arba vienam mirus, jeigu sugyventiniai nebuvo sudarę notarine tvarka patvirtintos sutarties dėl turto padalijimo.

3.233 straipsnis. Teisės disponuoti bendrai naudojamu turtu apribojimai 1. Sugyventinis be kito sugyventinio rašytinio sutikimo neturi teisės parduoti, dovanoti ar

kitokiu būdu perleisti, išnuomoti, įkeisti jų bendrai įgytą ir naudojamą turtą ar kitaip suvaržyti teises į jį.

2. Šio straipsnio 1 dalis netaikoma, jeigu sugyventinis negali duoti tokio sutikimo dėl savo neveiksnumo arba jo sutikimo neįmanoma gauti dėl kitokių svarbių priežasčių. Tokiu atveju leidimą sudaryti sandorį kito sugyventinio prašymu gali duoti teismas.

3. Sandoriai, kurie buvo sudaryti pažeidus šio straipsnio 1 ir 2 dalyje nustatytas taisykles, gali būti pripažinti negaliojančiais pagal sutikimo nedavusio sugyventinio ieškinį, išskyrus atvejus, kai trečiasis asmuo, kuriam turtas perleistas, įkeistas ar išnuomotas, buvo sąžiningas. Pareikšti ieškinį pripažinti sandorį negaliojančiu sugyventinis turi teisę per vienerius metus nuo tos dienos, kai sužinojo ar turėjo sužinoti apie tokį sandorį.

3.234 straipsnis. Bendrai naudojamo turto padalijimo tvarka 1. Kad padalytų bendrai sugyventinių įgytą ir naudojamą turtą šio kodekso 3.232

straipsnyje nurodytais atvejais, teismas nustato sugyventinių bendrai įgytą ir naudojamą turtą ir kiekvieno jų atskirą turtą. Kai nustatomas sugyventinių bendrai įgytas ir naudojamas turtas, atimamos sutuoktinių bendros skolos, kurias sugyventiniai turėjo pasibaigus jų bendram gyvenimui.

2. Likęs bendrai įgytas ir naudojamas turtas, atskaičiavus sugyventinių bendras skolas, padalijamas tarp jų lygiomis dalimis, išskyrus šio straipsnio numatytas išimtis.

3. Nuo lygių dalių principo teismas turi teisę nukrypti, jeigu, atsižvelgiant į sugyventinių nepilnamečių vaikų interesus, sugyventinių bendro gyvenimo trukmę, jų amžių, sveikatą, turtinę padėtį, asmeninį indėlį į bendro turto sukaupimą bei kitas svarbias aplinkybes, būtų teisinga ir protinga vienam sugyventiniui priteisti didesnę turto dalį.

4. Gyvenamasis namas ar butas gali būti paliktas sugyventiniui, kuriam, atsižvelgiant į jo amžių, sveikatą, turtinę padėtį, jo nepilnamečių vaikų interesus bei kitas svarbias aplinkybes, jis yra reikalingesnis. Tokiu atveju šio sugyventinio kito turto dalis mažinama. Jeigu gyvenamojo namo ar buto vertė viršijo sugyventinio, kuriam jie priteisti, dalį, jis turi išmokėti kitam sugyventiniui kompensaciją pinigais.

5. Gyvenamasis namas ar butas, kuris priklausė nuosavybės teise vienam sugyventiniui prieš prasidedant jų bendram gyvenimui, gali būti paliktas uzufrukto teise kitam, jeigu šis sugyventinis turi bendrų nepilnamečių vaikų arba dėl savo sveikatos, amžiaus ar dėl kitokių svarbių aplinkybių neturi savo gyvenamosios patalpos.

6. Kitas turtas, nenumatytas šio kodekso 3.230 straipsnyje, kuris buvo įgytas ar prižiūrimas panaudojant abiejų sugyventinių lėšas, dalijamas pagal bendrosios dalinės nuosavybės taisykles.

3.235 straipsnis. Teisė naudotis gyvenamąja patalpa 1. Teismas, atsižvelgdamas į bendro gyvenimo trukmę, sugyventinių nepilnamečių vaikų

interesus, sugyventinių amžių, sveikatą, turtinę padėtį bei kitas svarbias aplinkybes, turi teisę palikti naudotis nuomojama gyvenamąja patalpa tam sugyventiniui, kuriam ta gyvenamoji patalpa reikalingesnė.

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2. Teismas, atsižvelgdamas į bylos aplinkybes, gali įpareigoti sugyventinį, kuriam palikta teisė naudotis nuomojama gyvenamąja patalpa, išmokėti kitam sugyventiniui piniginę kompensaciją, susijusią su kitos gyvenamosios patalpos ieškojimo ir persikėlimo išlaidomis.

XVI SKYRIUS KITŲ ŠEIMOS NARIŲ TARPUSAVIO IŠLAIKYMO PAREIGOS

3.236 straipsnis. Pilnamečio brolio (sesers) pareiga išlaikyti nepilnametį brolį (seserį) 1. Pilnametis brolis (sesuo), turintis galimybę, privalo išlaikyti paramos reikalingą

nepilnametį brolį (seserį), neturintį tėvų arba negalintį gauti jų išlaikymo. 2. Išlaikymo tvarkai mutatis mutandis taikomos šios knygos XII skyriaus antrojo skirsnio

normos.

3.237 straipsnis. Vaikaičių ir senelių tarpusavio išlaikymas 1. Pilnamečiai vaikaičiai, turinys galimybę, privalo išlaikyti savo nedarbingus ir paramos

reikalingus senelius. 2. Seneliai, turintys galimybę, privalo išlaikyti paramos reikalingus savo nepilnamečius

vaikaičius, neturinčius tėvų arba negalinčius gauti jų išlaikymo. 3. Išlaikymo tvarkai mutatis mutandis taikomos šios knygos XII skyriaus antrojo skirsnio

normos.

VII DALIS GLOBA IR RŪPYBA

XVII SKYRIUS BENDROSIOS NUOSTATOS

3.238 straipsnis. Globa 1. Globa yra nustatoma siekiant įgyvendinti, apsaugoti ir apginti neveiksnaus fizinio

asmens teises ir interesus. 2. Asmens globa apima ir jo turto globą, tačiau prireikus turtui valdyti ir tvarkyti gali būti

paskirtas turto administratorius.

3.239 straipsnis. Rūpyba 1. Rūpyba yra nustatoma siekiant apsaugoti ir apginti ribotai veiksnaus fizinio asmens

teises ir interesus. 2. Asmens rūpyba apima ir jo turto rūpybą, tačiau prireikus turtui valdyti ir tvarkyti gali

būti paskirtas turto administratorius.

3.240 straipsnis. Globėjo ir rūpintojo teisinė padėtis 1. Globėjas ir rūpintojas yra savo globotinių atstovai pagal įstatymą ir gina neveiksnių ar

ribotai veiksnių asmenų teises ir interesus be specialaus pavedimo. 2. Globėjas turi teisę sudaryti atstovaujamo neveiksnaus asmens vardu ir interesais visus

būtinus sandorius. 3. Rūpintojas duoda sutikimą ribotai veiksniam asmeniui sudaryti sandorį, kurio šis negali

sudaryti savarankiškai, taip pat padeda ribotai veiksniam asmeniui įgyvendinti kitas jo teises ar įvykdyti pareigas bei saugo jo teises ir teisėtus interesus nuo trečiųjų asmenų piktnaudžiavimo.

3.241 straipsnis. Globos ir rūpybos institucijos 1. Globos ir rūpybos institucijos yra savivaldybių ar apskričių institucijos, kurios prižiūri ir

kontroliuoja globėjų ir rūpintojų veiklą. 2. Asmenų, teismo pripažintų neveiksniais ar ribotai veiksniais, esančių gydymo,

auklėjimo ar globos (rūpybos) institucijose, globos ir rūpybos funkcijas atlieka atitinkama gydymo, auklėjimo ar globos (rūpybos) institucija tik tol, kol paskiriamas nuolatinis globėjas ar rūpintojas.

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3. Nepilnamečių globos ir rūpybos institucijos yra valstybinė vaiko teisių apsaugos institucija bei kitos šioje knygoje numatytos institucijos.

3.242 straipsnis. Globėjo ir rūpintojo paskyrimas 1. Teismas, pripažinęs asmenį neveiksniu ar ribotai veiksniu, privalo nedelsdamas paskirti

šio asmens globėją ar rūpintoją. 2. Nepilnamečio globėjas ar rūpintojas skiriamas šios knygos XVIII skyriaus normų

nustatyta tvarka. 3. Globėju ar rūpintoju gali būti skiriamas tik veiksnus fizinis asmuo ir tik tuo atveju, kai

yra jo rašytinis sutikimas. Skiriant asmenį globėju ar rūpintoju, turi būti atsižvelgiama į jo moralines ir kitokias savybes, jo galimybę įgyvendinti globėjo ar rūpintojo funkcijas, jo santykius su asmeniu, kuriam nustatoma globa ar rūpyba, į globėjo ar rūpintojo pageidavimą bei kitas turinčias reikšmės aplinkybes.

4. Šio straipsnio normos netaikomos, jeigu globėju ar rūpintoju yra paskirta atitinkama gydymo, auklėjimo ar globos (rūpybos) institucija, kurioje yra neveiksnus ar ribotai veiksnus asmuo.

3.243 straipsnis. Globėjo ir rūpintojo pareigų atlikimas 1. Globėjas, kuris yra globotinio tėvas, motina ar kitas artimasis giminaitis, pareigas

atlieka neatlygintinai. Kitais atvejais globėjas turi teisę į savo patirtų būtinų išlaidų, susijusių su globėjo pareigomis, atlyginimą iš neveiksnaus asmens turto. Šių išlaidų dydį bei jų atlyginimo tvarką nustato teismas pagal globėjo prašymą.

2. Rūpintojas, kuris yra ribotai veiksnaus asmens tėvas, motina ar kitas artimasis giminaitis, visais atvejais pareigas atlieka neatlygintinai. Kitais atvejais rūpintojas turi teisę į savo patirtų būtinų išlaidų, susijusių su rūpintojo pareigomis, atlyginimą iš ribotai veiksnaus asmens turto. Šių išlaidų dydį bei jų atlyginimo tvarką nustato teismas pagal rūpintojo prašymą.

3. Šis straipsnis netaikomas tais atvejais, kai globėjo ar rūpintojo funkcijas atlieka gydymo, auklėjimo ar globos (rūpybos) institucija.

4. Nepilnamečių asmenų globėjai ir rūpintojai turi gyventi kartu su nepilnamečiu. Nepilnamečio, sulaukusio šešiolikos metų, rūpintojas gali gyventi skyrium, jeigu dėl to sutikimą davė valstybinė vaikų teisių apsaugos institucija.

5. Globėjai ir rūpintojai privalo informuoti globos (rūpybos) instituciją apie savo gyvenamosios vietos pasikeitimą.

6. Jeigu išnyksta aplinkybės, dėl kurių asmuo buvo pripažintas neveiksniu ar ribotai veiksniu, asmens globėjas ar rūpintojas turi kreiptis į teismą dėl globos ar rūpybos panaikinimo. Dėl globos ar rūpybos panaikinimo teisę kreiptis į teismą taip pat turi globos ir rūpybos institucijos ir prokuroras.

3.244 straipsnis. Neveiksnaus ar ribotai veiksnaus asmens turto ir pajamų naudojimas

1. Neveiksnaus ar ribotai veiksnaus asmens turtą ir jo duodamas pajamas globėjas ar rūpintojas turi naudoti išimtinai neveiksnaus ar ribotai veiksnaus asmens interesais.

2. Sandoriams, kurių suma didesnė nei penki tūkstančiai litų, sudaryti yra reikalingas išankstinis teismo leidimas.

3. Visais atvejais yra reikalingas išankstinis teismo leidimas, jeigu globėjas nori parduoti, dovanoti ar kitokiu būdu perleisti globotinio nekilnojamąjį daiktą ar daiktines teises, jį išnuomoti, perduoti neatlygintinai naudotis, įkeisti ar kitokiu būdu suvaržyti teises į nekilnojamąjį daiktą ar daiktines teises, taip pat sudaryti bet kokį kitą sandorį, jeigu dėl šio sandorio globotinio turtas sumažėtų ar būtų perleistos ar suvaržytos globotinio daiktinės teisės. Šios taisyklės taip pat taikomos ir tais atvejais, kai rūpintojas ketina duoti sutikimą ribotai veiksniam asmeniui sudaryti analogišką sandorį.

4. Globėjas, rūpintojas, jų artimieji giminaičiai negali sudaryti sandorių su globotiniu ar rūpintiniu, išskyrus atvejus, kai turtas globotiniui ar rūpintiniui yra dovanojamas ar perduodamas neatlygintinai naudotis, jeigu tai atitinka globotinio ar rūpintinio interesus.

3.245 straipsnis. Neveiksnaus ar ribotai veiksnaus asmens turto administravimas

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1. Tais atvejais, kai neveiksnus ar ribotai veiksnus asmuo turi nekilnojamųjų ar kilnojamųjų daiktų, kuriems reikalinga nuolatinė priežiūra (įmonė, žemė, pastatas ir kt.), teismas savo nutartimi paskiria turto administratorių. Turto administratoriumi gali būti skiriamas globėjas (rūpintojas) arba kitas asmuo. Turto administratoriui yra taikomi šio kodekso normų nustatyti globėjo ir rūpintojo veiksmų apribojimai.

2. Administratoriaus įgaliojimai pasibaigia panaikinus globą arba rūpybą, taip pat teismo nutartimi jį nušalinus ar jį pakeitus kitu asmeniu.

3.246 straipsnis. Globėjo ir rūpintojo atleidimas nuo pareigų atlikimo 1. Nepilnamečio globėjas ar rūpintojas gali būti teismo nutartimi atleistas nuo globėjo ar

rūpintojo pareigų, jeigu nepilnametis grąžinamas tėvams arba įtėviams. 2. Globėjas ar rūpintojas gali būti teismo nutartimi atleistas nuo pareigų atlikimo, jeigu jų

negali atlikti dėl savo ar artimųjų giminaičių ligos, savo turtinės padėties pablogėjimo ar dėl kitų svarbių priežasčių.

3. Jeigu globėjas ar rūpintojas netinkamai atlieka pareigas, neužtikrina globotinio ar rūpintinio teisių ir interesų apsaugos, naudojasi savo teisėmis savanaudiškais tikslais, jie gali būti teismo nutartimi nušalinti nuo globėjo ar rūpintojo pareigų. Jeigu šiais globėjo ar rūpintojo veiksmais buvo padaryta žala neveiksniam ar ribotai veiksniam asmeniui, globėjas ar rūpintojas privalo ją atlyginti. Kreiptis į teismą dėl globėjo ar rūpintojo nušalinimo turi teisę globos (rūpybos) institucijos arba prokuroras.

3.247 straipsnis. Globos ir rūpybos pasibaigimas 1. Globa ir rūpyba pasibaigia įsiteisėjus teismo sprendimui pripažinti asmenį veiksniu ar

panaikinti jo veiksnumo apribojimą. 2. Nepilnamečiui sulaukus keturiolikos metų, jo globa pasibaigia, jo globėjas tampa

nepilnamečio rūpintoju be papildomo sprendimo. 3. Rūpyba taip pat pasibaigia nepilnamečiui sulaukus aštuoniolikos metų arba kai jis įgyja

visišką veiksnumą iki aštuoniolikos metų kitais įstatymų nustatytais atvejais.

XVIII SKYRIUS NEPILNAMEČIŲ GLOBA IR RŪPYBA

3.248 straipsnis. Vaiko globos (rūpybos) tikslas ir uždaviniai 1. Vaiko globos (rūpybos) tikslas – užtikrinti vaiko auklėjimą ir priežiūrą aplinkoje,

kurioje jis galėtų saugiai tinkamai augti, vystytis ir tobulėti. 2. Vaiko globos (rūpybos) uždaviniai: 1) paskirti vaikui globėją (rūpintoją), kuris rūpintųsi, auklėtų, jam atstovautų ir gintų jo

teises ir teisėtus interesus; 2) sudaryti vaikui gyvenimo sąlygas, kurios atitiktų jo amžių, sveikatą ir išsivystymą; 3) rengti vaiką savarankiškam gyvenimui šeimoje ir visuomenėje.

3.249 straipsnis. Vaiko globos (rūpybos) nustatymo principai 1. Vaiko globos (rūpybos) nustatymo principai: 1) vaiko interesų pirmumas; 2) pirmumo teisę tapti globėjais (rūpintojais) turi vaiko artimieji giminaičiai, jeigu tai

atitinka vaiko interesus; 3) vaiko globa (rūpyba) šeimoje; 4) brolių ir seserų neišskyrimas, išskyrus atvejus, kai tai pažeidžia vaiko interesus. 2. Nustatant ir naikinant vaiko globą (rūpybą), skiriant globėją (rūpintoją), vaikui,

galinčiam išreikšti savo nuomonę, suteikiama galimybė būti išklausytam ir jo nuomonė yra svarbi priimant sprendimus.

3.250 straipsnis. Vaikų, kuriems reikalinga globa (rūpyba), nustatymas ir apskaita 1. Mokymo, auklėjimo, sveikatos priežiūros, policijos ir kitokių institucijų darbuotojai,

taip pat kiti asmenys, turintys duomenų apie nepilnamečius, likusius be tėvų globos, taip pat apie būtinumą ginti nepilnamečių teises ir interesus (žiaurus tėvų elgesys su vaikais, tėvų liga, mirtis,

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išvykimas ar dingimas, tėvų atsisakymas atsiimti vaikus iš mokymo, auklėjimo ar gydymo įstaigų ir t. t.), privalo apie tai nedelsdami informuoti valstybinę vaiko teisių apsaugos instituciją pagal vaiko ar savo gyvenamąją vietą.

2. Vaikus, kuriems reikalinga globa (rūpyba), nustato ir tokių vaikų apskaitą tvarko ir užtikrina valstybinė vaiko teisių apsaugos institucija. Ši institucija, gavusi informaciją apie vaiką, kuriam reikalinga globa (rūpyba), privalo užtikrinti laikinosios globos (rūpybos) jam paskyrimą per tris dienas.

3. Šio straipsnio 1 dalyje numatytų institucijų vadovai ir kitokie pareigūnai už melagingos informacijos suteikimą, vaiko, kuriam reikalinga globa (rūpyba), slėpimą, kliudymą jam nustatyti globą (rūpybą) ar kitokius vaiko teisių ir interesų pažeidimus atsako įstatymų nustatyta tvarka.

3.251 straipsnis. Globos ir rūpybos nustatymas 1. Globa nustatoma vaikams, kurie neturi keturiolikos metų. 2. Rūpyba nustatoma vaikams, sulaukusiems keturiolikos metų.

3.252 straipsnis. Vaiko globos (rūpybos) rūšys ir formos 1. Vaiko globos (rūpybos) rūšys: 1) laikinoji globa (rūpyba); 2) nuolatinė globa (rūpyba). 2. Vaiko globos (rūpybos) formos: 1) globa (rūpyba) šeimoje; 2) globa (rūpyba) šeimynoje; 3) globa (rūpyba) vaikų globos institucijoje.

3.253 straipsnis. Vaiko laikinoji globa (rūpyba) Vaiko laikinoji globa (rūpyba) – laikinai be tėvų globos likusio vaiko priežiūra,

auklėjimas, jo teisių ir teisėtų interesų atstovavimas bei gynimas šeimoje, šeimynoje ar institucijoje. Vaiko laikinosios globos (rūpybos) tikslas – grąžinti vaiką į šeimą.

3.254 straipsnis. Vaiko laikinosios globos (rūpybos) nustatymo pagrindai Vaiko laikinoji globa (rūpyba) nustatoma, kai vaiko: 1) tėvai arba turimas vienintelis iš tėvų yra dingę ir jų ieškoma (kol teismas tėvus pripažins

nežinia kur esančiais arba paskelbs mirusiais); 2) tėvai arba turimas vienintelis iš tėvų laikinai negali rūpintis vaiku dėl abiejų tėvų ar

vieno iš jų ligos, suėmimo, bausmės atlikimo ar kitų svarbių priežasčių; 3) tėvai arba turimas vienintelis iš tėvų nesirūpina, nesidomi vaiku, jo neprižiūri,

netinkamai auklėja, naudoja fizinį ar psichinį smurtą, ir dėl to kyla pavojus vaiko fiziniam, protiniam, dvasiniam, doroviniam vystymuisi ir saugumui (kol teismo tvarka vaikas bus atskirtas nuo tėvų).

3.255 straipsnis. Vaiko laikinosios globos (rūpybos) pabaiga Vaiko laikinoji globa (rūpyba) baigiasi, kai vaikas: 1) grąžinamas tėvams; 2) sulaukia pilnametystės arba emancipuojamas; 3) nustatoma nuolatinė globa (rūpyba); 4) įvaikinamas; 5) susituokia.

3.256 straipsnis. Vaiko nuolatinė globa (rūpyba) Nuolatinė globa (rūpyba) nustatoma be tėvų globos likusiems vaikams, kurie esamomis

sąlygomis negali grįžti į savo šeimą, ir jų priežiūra, auklėjimas, teisių bei teisėtų interesų atstovavimas ir gynimas pavedamas kitai šeimai, šeimynai ar vaikų globos (rūpybos) institucijai.

3.257 straipsnis. Vaiko nuolatinės globos (rūpybos) nustatymas Vaikui nuolatinė globa (rūpyba) nustatoma, kai vaiko: 1) abu tėvai arba turėtas vienintelis iš tėvų yra miręs;

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2) abu tėvai arba turėtas vienintelis iš tėvų teismo paskelbti mirusiais arba pripažinti nežinia kur esančiais;

3) vaikas įstatymų nustatyta tvarka atskirtas nuo tėvų; 4) tėvystės ar artimos giminystės ryšiai nuo vaiko radimo dienos nenustatyti per tris

mėnesius; 5) tėvai arba turimas vienintelis iš tėvų nustatyta tvarka pripažinti neveiksniais.

3.258 straipsnis. Vaiko nuolatinės globos (rūpybos) pabaiga Vaiko nuolatinė globa (rūpyba) baigiasi, kai vaikas: 1) sulaukia pilnametystės arba emancipuojamas; 2) grąžinamas tėvams; 3) įvaikinamas; 4) susituokia.

3.259 straipsnis. Vaiko globa (rūpyba) šeimoje 1. Vaiko globa (rūpyba) šeimoje – ne daugiau kaip penkių vaikų globa (bendras vaikų

skaičius šeimoje su savais vaikais – ne daugiau kaip penki vaikai) natūralioje šeimos aplinkoje. 2. Bendras vaikų skaičius gali būti didesnis, nei nurodyta šio straipsnio 1 dalyje, kai

neišskiriami broliai ir seserys. 3. Skiriant vaiko globėją, pirmumas teikiamas vaiko artimiesiems giminaičiams, jeigu šie

turi tinkamas buities sąlygas ir nėra asmenys ar asmenų grupė, išvardyti šio kodekso 3.269 straipsnyje.

3.260 straipsnis. Vaiko globa (rūpyba) šeimynoje 1. Vaiko globa (rūpyba) šeimynoje – globos forma, kai juridinis asmuo (šeimyna) globoja

šešis ir daugiau vaikų (bendras vaikų skaičius šeimynoje su savais vaikais – ne daugiau kaip dvylika vaikų) šeimos aplinkoje.

2. Bendras vaikų skaičius gali būti didesnis, nei nurodyta šio straipsnio 1 dalyje, kai neišskiriami broliai ir seserys, arba mažesnis, jeigu yra globojamas neįgalus vaikas.

3. Vaiko globą (rūpybą) šeimynoje nustato įstatymai, Vyriausybės patvirtinti šeimynų nuostatai, kiti teisės aktai.

4. Vaiko globėjo (rūpintojo), įsteigusio šeimyną, darbo užmokestis ir kitos darbo apmokėjimo sąlygos nustatomos vadovaujantis įstatymais, Vyriausybės nutarimais bei kitais teisės aktais.

3.261 straipsnis. Vaiko globa (rūpyba) valstybinėse ir nevyriausybinėse globos institucijose

1. Likęs be tėvų globos vaikas apgyvendinamas valstybinėje arba nevyriausybinėje vaikų globos institucijoje, kai nėra galimybės jo globoti šeimoje arba šeimynoje.

2. Vaiko globą (rūpybą) institucijose nustato įstatymai ir kiti teisės aktai.

3.262 straipsnis. Vaiko laikinosios globos (rūpybos) nustatymas 1. Vaiko laikinoji globa (rūpyba) nustatoma nuo prašymo įregistravimo dienos rajono

(miesto) savivaldybėje jos valdybos (mero) sprendimu (potvarkiu) pagal valstybinės vaiko teisių apsaugos institucijos teikimą.

2. Vaikų laikinoji globa (rūpyba) organizuojama pagal vaikų laikinosios globos (rūpybos) nuostatus, kuriuos tvirtina Vyriausybė ar jos įgaliota valstybės institucija.

3.263 straipsnis. Vaiko nuolatinės globos (rūpybos) nustatymas Vaiko nuolatinė globa (rūpyba) nustatoma teismo nutartimi pagal rajono (miesto)

valstybinės vaiko teisių apsaugos institucijos arba prokuroro pareiškimą.

3.264 straipsnis. Vaiko globėjo (rūpintojo) skyrimas 1. Jeigu nustatoma vaiko laikinoji globa (rūpyba), vaiko globėjas (rūpintojas) skiriamas

rajono (miesto) savivaldybės valdybos (mero) sprendimu (potvarkiu) pagal to rajono (miesto) valstybinės vaiko teisių apsaugos institucijos teikimą. Rekomendacijas dėl globėjo skyrimo

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valstybinei vaiko teisių apsaugos institucijai gali pateikti valstybinės ir nevalstybinės organizacijos, susijusios su vaiko teisių apsauga.

2. Rajono (miesto) savivaldybės valdybos (mero) sprendime (potvarkyje) dėl vaiko globėjo skyrimo nurodoma: institucijos, priėmusios sprendimą, pavadinimas, sprendimo priėmimo data, vaiko globos rūšis, vaiko globėjas, globojamas vaikas, vaiko globos vieta, institucija, atsakinga už globojamam vaikui nuosavybės teise priklausančio turto apsaugą, kitos svarbios aplinkybės, turinčios reikšmės vaiko globai ir jos nustatymui.

3. Jeigu nustatoma vaiko nuolatinė globa (rūpyba), vaiko globėjas (rūpintojas) skiriamas teismo nutartimi pagal rajono (miesto) valstybinės vaiko teisių apsaugos institucijos pareiškimą.

4. Kai steigiama vaiko globa (rūpyba), atsižvelgiama į mirusių vaiko tėvų (įtėvių) testamente pareikštą valią dėl vaiko globėjo (rūpintojo) skyrimo, jei tai neprieštarauja šio kodekso 3.269 straipsniui.

3.265 straipsnis. Vaiko globos (rūpybos) vieta Vaiko globos (rūpybos) vieta gali būti: 1) globėjo (rūpintojo) gyvenamojoje vietoje; 2) vaiko gyvenamojoje vietoje; 3) vaikų globos institucijoje.

3.266 straipsnis. Vaiko globos (rūpybos) organizavimas 1. Vaiko globą (rūpybą) savo teritorijoje organizuoja rajono (miesto) savivaldybės vaiko

teisių apsaugos institucija. 2. Organizuodama vaiko globą (rūpybą), rajono (miesto) valstybinė vaiko teisių apsaugos

institucija bendradarbiauja su kitomis vietos savivaldos ir nevyriausybinėmis institucijomis bei organizacijomis, susijusiomis su vaiko teisių apsauga.

3. Vaiko globos (rūpybos) organizavimo tvarką šios knygos pagrindu nustato Vyriausybės patvirtinti Vaiko globos organizavimo nuostatai.

3.267 straipsnis. Vaiko globos (rūpybos) priežiūra 1. Vaiko globą (rūpybą) šeimoje, šeimynoje, institucijoje prižiūri rajono (miesto)

valstybinė vaiko teisių apsaugos institucija. 2. Vykdydama vaiko globos (rūpybos) priežiūrą, rajono (miesto) valstybinė vaiko teisių

apsaugos institucija bendradarbiauja su kitomis institucijomis, susijusiomis su vaiko teisių apsauga.

3.268 straipsnis. Vaiko globėjo (rūpintojo) parinkimo tvarka 1. Vaiko globėjas (rūpintojas) parenkamas atsižvelgiant į jo asmenines savybes, sveikatos

būklę, sugebėjimą būti globėju (rūpintoju), jo santykius su netekusiu tėvų globos vaiku bei vaiko interesus.

2. Asmuo, norintis tapti vaiko globėju (rūpintoju), rajono (miesto) valstybinei vaiko teisių apsaugos institucijai pateikia tokius dokumentus:

1) prašymą, kuriame nurodoma pageidaujamų globoti ir auklėti vaikų skaičius, jų amžius, globos rūšis;

2) Vyriausybės įgaliotos institucijos nustatytos formos sveikatos pažymėjimą; 3) kartu gyvenančių vyresnių kaip šešiolikos metų asmenų rašytinį sutikimą.

3.269 straipsnis. Asmuo, kuris negali būti skiriamas vaiko globėju (rūpintoju) Vaiko globėju (rūpintoju) negali būti skiriamas asmuo: 1) neturintis dvidešimt vienerių metų, išskyrus atvejus, kai globoti pageidauja artimasis

giminaitis; 2) pripažintas neveiksniu arba ribotai veiksniu; 3) nuo kurio buvo atskirtas vaikas; 4) buvęs įtėviu (įmote), jeigu jo tėvų valdžia buvo apribota dėl to, kad įtėvis (įmotė)

netinkamai atliko savo pareigas arba jis buvo atskirtas nuo vaiko; 5) jeigu anksčiau jo, kaip vaiko globėjo (rūpintojo), įgaliojimai buvo nutraukti šio kodekso

3.246 straipsnyje numatytais pagrindais;

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6) teistas už tyčinius nusikaltimus; 7) sulaukęs šešiasdešimt penkerių metų arba vyresnis, išskyrus artimąjį giminaitį, jei jis

nori laikinai globoti jaunesnį kaip dešimties metų vaiką; 8) sergantis chronišku alkoholizmu, narkomanija, psichinėmis ar kitomis ligomis, kurių

sąrašą tvirtina Vyriausybės įgaliota institucija.

3.270 straipsnis. Pasirengimas vaiko globai (rūpybai) Vaiko globėjo (rūpintojo) pasirengimą globoti (rūpintis) organizuoja ir koordinuoja rajonų

(miestų) valstybinės vaiko teisių apsaugos institucijos, kitos šio darbo patirtį turinčios organizacijos ir institucijos.

3.271 straipsnis. Vaiko globėjo (rūpintojo) pareigos Vaiko globėjas (rūpintojas) privalo: 1) užtikrinti vaiko fizinį ir psichinį saugumą; 2) rūpintis vaiko sveikata ir mokymusi; 3) auklėti vaiką; 4) spręsdamas klausimus, susijusius su vaiko interesais, bendradarbiauti su

suinteresuotomis valstybės ir vietos savivaldos institucijomis; 5) netrukdyti vaikui bendrauti su tėvais, jei tai nekenkia vaiko interesams; 6) palaikyti ryšius su vaiko tėvais, informuoti vaiko tėvus ar artimuosius giminaičius, jeigu

jie to pageidauja, apie vaiko vystymąsi, sveikatą, mokymąsi ir kitais svarbiais klausimais; 7) rūpintis vaiko laisvalaikiu, atsižvelgdamas į jo amžių, sveikatą, išsivystymą bei

polinkius; 8) rengti vaiką savarankiškam gyvenimui ir darbui šeimoje, pilietinėje visuomenėje ir

valstybėje.

3.272 straipsnis. Vaiko globėjo (rūpintojo) teisės 1. Vaiko globėjas (rūpintojas) yra vaiko atstovas pagal įstatymą ir gina jo teises ir teisėtus

interesus. 2. Vaiko globėjas (rūpintojas) turi teisę teismo tvarka reikalauti grąžinti jam vaiką iš bet

kurių asmenų, laikančių jį pas save neteisėtai.

3.273 straipsnis. Vaiko globėjo (rūpintojo) atsakomybė 1. Vaiko globėjas (rūpintojas) už vaiko padarytą žalą atsako įstatymų nustatyta tvarka. 2. Vaiko globėjas (rūpintojas) už savo pareigų nevykdymą ar netinkamą jų atlikimą atsako

įstatymų nustatyta tvarka.

3.274 straipsnis. Globojamo vaiko išlaikymas Globojamo vaiko šeimoje, šeimynoje ir nevyriausybinėje globos institucijoje išlaikymą

reglamentuoja įstatymai.

3.275 straipsnis. Disponavimas globojamo vaiko gaunamomis pajamomis Globojamam vaikui išlaikyti skirtomis lėšomis disponuoja vaiko globėjas (rūpintojas) ir

tik vaiko interesais šio kodekso ketvirtosios knygos normų, reglamentuojančių turto administravimą, nustatyta tvarka.

3.276 straipsnis. Globojamo vaiko ir globėjo (rūpintojo) turtiniai santykiai 1. Globojamas vaikas neįgyja turtinių teisių į savo globėjo (rūpintojo) turtą. 2. Vaiko globėjas (rūpintojas) neįgyja turtinių teisių į globojamam vaikui nuosavybės teise

priklausantį turtą.

XIX SKYRIUS PILNAMEČIŲ ASMENŲ GLOBA IR RŪPYBA

3.277 straipsnis. Globos ir rūpybos nustatymas

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1. Globa teismo sprendimu skiriama pilnamečiam asmeniui, kuris teismo pripažintas neveiksniu.

2. Rūpyba skiriama pilnamečiam asmeniui, kuris teismo sprendimu pripažintas ribotai veiksniu.

3.278 straipsnis. Globėjo ir rūpintojo veiklos kontrolė 1. Globos ir rūpybos institucijos privalo kontroliuoti, ar globėjas (rūpintojas) tinkamai

atlieka savo pareigas. 2. Globėjo (rūpintojo) pareigas, susijusias su globotinio (rūpintinio) turto administravimu,

nustato šio kodekso ketvirtosios knygos normos, reglamentuojančios turto administravimą.

3.279 straipsnis. Veiksnaus asmens rūpyba 1. Veiksnaus fizinio asmens, kuris dėl savo sveikatos būklės negali savarankiškai

įgyvendinti savo teisių ar atlikti pareigų, prašymu jam gali būti nustatyta rūpyba. 2. Veiksnaus asmens rūpintojas skiriamas teismo nutartimi pagal veiksnaus asmens

prašymą arba globos (rūpybos) institucijos pareiškimą. 3. Rūpintojas gali būti paskirtas tik tuo atveju, kai yra rašytinis jo sutikimas. Veiksnus

asmuo ir rūpintojas sudaro pavedimo arba turto perdavimo valdyti patikėjimo teise sutartį, kurioje nustatomos rūpintojo teisės ir pareigos, susijusios su veiksnaus asmens turto valdymu, naudojimu ir disponavimu juo.

4. Rūpyba panaikinama teismo nutartimi pagal veiksnaus asmens pareiškimą. 5. Šiame straipsnyje numatytais atvejais šio kodekso 3.244 straipsnis taikomas tiek, kiek

tai neprieštarauja tarp rūpintojo ir veiksnaus asmens sudarytai sutarčiai.

VIII DALIS CIVILINĖS BŪKLĖS AKTŲ REGISTRAVIMAS

XX SKYRIUS BENDROSIOS NUOSTATOS

3.280 straipsnis. Civilinės būklės aktus registruojančios įstaigos ir jų kompetencija 1. Miestų ir rajonų civilinės metrikacijos įstaigos registruoja gimimą, tėvystės pripažinimą,

tėvystės nustatymą, santuokos sudarymą, santuokos nutraukimą, įvaikinimą, vardo, pavardės, tautybės pakeitimą ir mirtį.

2. Miestų, kuriuose nėra civilinės metrikacijos įstaigų, seniūnijų (išskyrus savivaldybių centrų seniūnijas) seniūnai turi teisę registruoti mirtį.

3. Lietuvos Respublikos konsulinės įstaigos turi teisę registruoti Lietuvos Respublikos piliečių gimimą, santuoką ir mirtį.

3.281 straipsnis. Civilinės būklės aktų registravimo taisyklės Civilinės būklės aktai registruojami, atkuriami, keičiami, papildomi ir ištaisomi, laikantis

Civilinės metrikacijos taisyklių, kurias tvirtina teisingumo ministras.

3.282 straipsnis. Civilinės būklės aktų įrašų kalba Civilinės būklės aktų įrašai įrašomi lietuvių kalba. Vardas, pavardė ir vietovardžiai rašomi

pagal lietuvių kalbos taisykles.

3.283 straipsnis. Draudimas įrašyti civilinės būklės aktų įrašus sau ir giminaičiams Draudžiama įrašyti civilinės būklės aktų įrašus sau, savo sutuoktiniui, tėvams, vaikams,

broliams ir seserims.

3.284 straipsnis. Dokumentai, pateikiami įrašant civilinės būklės aktų įrašus Įrašant civilinės būklės aktų įrašus, turi būti pateikiami dokumentai, patvirtinantys

pareiškėjų asmens tapatybę ir aktus, registruotinus civilinės metrikacijos įstaigose.

3.285 straipsnis. Civilinės būklės aktų įrašų įrašymas

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Kiekvienas įrašomas civilinės būklės akto įrašas turi būti perskaitomas pareiškėjams, jų ir aktą surašančio pareigūno pasirašomas ir patvirtinamas civilinės būklės aktus registruojančios įstaigos antspaudu. Apie gimimo, santuokos sudarymo, santuokos nutraukimo, pavardės, vardo, tautybės pakeitimo ir mirties įrašų įrašymą pareiškėjams išduodami atitinkami liudijimai.

3.286 straipsnis. Civilinės būklės aktų įrašų nuginčijimo ir anuliavimo tvarka 1. Civilinės būklės aktų įrašai gali būti nuginčyti tik teismo tvarka. 2. Atkurtieji civilinės būklės aktų įrašai, kai surandami pirminiai įrašai, anuliuojami

civilinės metrikacijos įstaigos vadovo sprendimu.

3.287 straipsnis. Civilinės būklės aktų įrašų įrašymo teisėtumo priežiūra Civilinės būklės aktų įrašų įrašymo civilinės metrikacijos įstaigose ir seniūnijose teisėtumą

prižiūri Teisingumo ministerija jos nuostatuose nustatyta tvarka.

3.288 straipsnis. Valstybės rinkliava už civilinės būklės aktų registravimą Civilinės metrikacijos įstaigose registruojant civilinės būklės aktus, taip pat ištaisant ir

keičiant aktų įrašus, valstybės rinkliava imama įstatymų nustatyta tvarka.

XXI SKYRIUS GIMIMO REGISTRAVIMAS

3.289 straipsnis. Gimimo registravimo tvarka 1. Gimimas registruojamas vaiko gimimo vietos arba tėvų ar vieno iš jų gyvenamosios

vietos civilinės metrikacijos įstaigoje. 2. Vaiko tėvų pageidavimu civilinės metrikacijos įstaiga sukuria iškilmingą gimimo

registravimo aplinką.

3.290 straipsnis. Pareiškimas apie gimimą 1. Apie gimimą žodžiu arba raštu pareiškia tėvai ar vienas iš jų, o jeigu tėvai serga, yra

mirę ar dėl kitų priežasčių negali to atlikti, pareiškia giminaičiai, kaimynai, medicinos įstaigos, kurioje motina pagimdė vaiką, administracija, taip pat valstybinė vaiko teisių apsaugos institucija.

2. Rasto vaiko gimimas įregistruojamas jį radusio asmens arba valstybinės vaiko teisių apsaugos institucijos pareiškimu.

3.291 straipsnis. Terminai vaiko gimimui įregistruoti 1. Apie vaiko gimimą turi būti pareikšta ir vaiko gimimas turi būti įregistruotas per tris

mėnesius nuo jo gimimo dienos, o jeigu vaikas gimė negyvas, – per tris paras nuo gimimo laiko. 2. Pareiškimas dėl rasto vaiko gimimo įregistravimo turi būti paduotas per tris paras nuo

vaiko radimo laiko.

3.292 straipsnis. Gimimo įrašas 1. Gimimo įraše vaiko vardas, pavardė ir tautybė, taip pat duomenys apie jo tėvus įrašomi

laikantis šio kodekso 3.139, 3.140, 3.166 ir 3.167 straipsniuose nustatytų taisyklių. 2. Jeigu vaiko tėvystė nenustatyta, duomenys apie tėvą neįrašomi. 3. Vaiko, kurio tėvai nežinomi, vardas ir pavardė įrašomi valstybinės vaiko teisių apsaugos

institucijos nurodymu. Vaiko tautybė šiuo atveju neįrašoma. 4. Įregistravus vaiko gimimą, išduodamas gimimo liudijimas.

XXII SKYRIUS TĖVYSTĖS PRIPAŽINIMO IR TĖVYSTĖS NUSTATYMO REGISTRAVIMAS

3.293 straipsnis. Tėvystės pripažinimo registravimas 1. Tėvystės pripažinimas registruojamas vaiko motinos gyvenamosios vietos civilinės

metrikacijos įstaigoje remiantis motinos ir tėvo prašymais dėl tėvystės pripažinimo. Jeigu tėvystė pripažįstama po to, kai vaiko gimimas buvo įregistruotas, tėvystės pripažinimas registruojamas vaiko gimimą įregistravusioje civilinės metrikacijos įstaigoje.

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2. Šio kodekso 3.140 straipsnio 5 dalyje ir 3.144 straipsnyje numatytais atvejais tėvystės pripažinimas registruojamas pateikus teismo patvirtintą prašymą dėl tėvystės pripažinimo.

3.294 straipsnis. Tėvystės nustatymo registravimas Tėvystės nustatymas registruojamas vaiko gimimą įregistravusioje civilinės metrikacijos

įstaigoje remiantis teismo sprendimu nustatyti tėvystę.

3.295 straipsnis. Duomenų apie tėvą įrašas vaiko gimimo įraše Civilinės metrikacijos įstaiga, remdamasi prašymu dėl tėvystės pripažinimo arba teismo

sprendimu nustatyti tėvystę, įrašo į vaiko gimimo įrašą duomenis apie tėvą ir išduoda naują gimimo liudijimą.

XXIII SKYRIUS ĮVAIKINIMO REGISTRAVIMAS

3.296 straipsnis. Įvaikinimo registravimo vieta Įvaikinimas registruojamas civilinės metrikacijos įstaigoje, įregistravusioje vaiko gimimą,

remiantis teismo sprendimu įvaikinti.

3.297 straipsnis. Duomenų įrašymas įvaikio gimimo įraše 1. Jeigu teismo sprendimu įvaikiui suteiktas kitas vardas ar įtėvių pavardė, šie duomenys

jo gimimo įraše atitinkamai pakeičiami. 2. Įvaikio gimimo įraše jo tėvų duomenys pakeičiami duomenimis apie įtėvius. 3. Jeigu vaiką įvaikino vienas vyras arba viena moteris, antrojo iš vaiko tėvų duomenys

išbraukiami ir nauji duomenys neįrašomi. 4. Pakeitus įvaikio gimimo įraše duomenis, išduodamas naujas jo gimimo liudijimas.

XXIV SKYRIUS SANTUOKOS REGISTRAVIMAS

3.298 straipsnis. Santuokos registravimo vieta Santuoka registruojama vieno iš susituokiančiųjų arba jų tėvų gyvenamosios vietos

civilinės metrikacijos įstaigose, taip pat Lietuvos Respublikos konsulinėse įstaigose.

3.299 straipsnis. Prašymas įregistruoti santuoką 1. Norintys susituokti asmeniškai paduoda nustatytos formos prašymą vieno iš jų arba jų

tėvų gyvenamosios vietos civilinės metrikacijos įstaigai savo pasirinkimu. 2. Prašyme jie turi patvirtinti, kad yra įvykdytos visos šio kodekso 3.12–3.17 straipsniuose

numatytos santuokos sudarymo sąlygos, taip pat nurodyti, kelintą kartą kiekvienas iš jų tuokiasi ir kiek turi vaikų.

3. Prašymas įregistruoti santuoką netenka galios, jeigu bent vienas asmenų, padavusių prašymą, nustatytu laiku neatvyksta įregistruoti santuokos arba prašymas atsiimamas.

3.300 straipsnis. Dokumentai, pateikiami kartu su prašymu įregistruoti santuoką 1. Norintys susituokti kartu su prašymu įregistruoti santuoką pateikia savo gimimo

liudijimą ir pasą arba jį atstojantį dokumentą. 2. Ištuoktas asmuo pateikia taip pat ištuokos liudijimą. 3. Užsienio valstybių piliečiai, paduodami prašymus įregistruoti santuoką, privalo pateikti

taip pat savo valstybės kompetentingos įstaigos išduotą dokumentą, patvirtinantį, kad santuokai nėra kliūčių.

3.301 straipsnis. Santuokos registravimo laikas 1. Santuoka registruojama praėjus ne mažiau kaip vienam mėnesiui nuo prašymo

įregistruoti santuoką padavimo dienos.

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2. Civilinės metrikacijos įstaigos vadovas norinčių susituokti prašymu ir tuo atveju, kai yra svarbių priežasčių, turi teisę leisti registruoti santuoką nepraėjus vienam mėnesiui nuo prašymo padavimo dienos.

3.302 straipsnis. Prašymo įregistruoti santuoką viešas skelbimas 1. Prašymo įregistruoti santuoką padavimo faktas skelbiamas viešai civilinės metrikacijos

įstaigoje ne vėliau kaip dvi savaitės iki santuokos registravimo dienos. 2. Skelbime nurodoma ketinančių susituokti asmenų vardai, pavardės, gimimo data ir

būsimos santuokos registravimo data.

3.303 straipsnis. Santuokos registravimas 1. Santuoka registruojama, kai dalyvauja ketinantys susituokti asmenys ir du liudytojai. 2. Civilinės metrikacijos įstaigos pareigūnas, prieš įregistruodamas santuoką, privalo dar

kartą patikrinti, ar yra įvykdytos visos šio kodekso 3.12–3.17 straipsniuose numatytos santuokos sudarymo sąlygos.

3. Įrašius santuokos sudarymo įrašą, sutuoktiniams išduodamas santuokos liudijimas. 4. Santuoką sudariusių asmenų pasuose arba kituose jų asmens tapatybę patvirtinančiuose

dokumentuose įrašoma apie santuokos įregistravimą ir nurodoma kito sutuoktinio vardas, pavardė ir gimimo metai, santuokos įregistravimo vieta ir data.

3.304 straipsnis. Bažnyčios (konfesijų) nustatyta tvarka sudarytų santuokų apskaita 1. Atitinkamos religinės organizacijos įgaliotas asmuo privalo per dešimt dienų po

santuokos sudarymo bažnyčios nustatyta tvarka pateikti santuokos sudarymo vietos civilinės metrikacijos įstaigai Teisingumo ministerijos nustatytos formos pranešimą apie santuokos įregistravimą bažnyčios (konfesijų) nustatyta tvarka.

2. Civilinės metrikacijos įstaiga, gavusi pranešimą apie santuokos sudarymą bažnyčios nustatyta tvarka, įrašo santuokos įrašą ir išduoda santuokos liudijimą pagal šio kodekso 3.303 straipsnio 2, 3 ir 4 dalyse nustatytas taisykles tuo atveju, jeigu yra laikytasi šio kodekso 3.12–3.17 straipsnių reikalavimų. Tokiu atveju santuoka laikoma sudaryta nuo jos įregistravimo bažnyčios nustatyta tvarka dienos.

3. Jeigu per šio straipsnio 1 dalyje nustatytą terminą pranešimas apie santuokos įregistravimą bažnyčios nustatyta tvarka civilinės metrikacijos įstaigai nepateikiamas, santuoka laikoma sudaryta nuo tos dienos, kai ji buvo įtraukta į apskaitą civilinės metrikacijos įstaigoje.

XXV SKYRIUS SANTUOKOS NUTRAUKIMO REGISTRAVIMAS

3.305 straipsnis. Santuokos nutraukimo registravimo vieta Santuokos nutraukimas registruojamas teismo, priėmusio sprendimą nutraukti santuoką,

buvimo vietos civilinės metrikacijos įstaigoje.

3.306 straipsnis. Santuokos nutraukimo registravimo tvarka 1. Civilinės metrikacijos įstaiga, gavusi teismo sprendimą nutraukti santuoką, įrašo

santuokos nutraukimo įrašą, abiem buvusiems sutuoktiniams išduoda ištuokos liudijimus ir pažymi apie ištuoką jų pasuose ar kituose jų asmens tapatybę patvirtinančiuose dokumentuose.

2. Civilinės metrikacijos įstaiga, įregistravusi santuokos nutraukimą, išsiunčia civilinės metrikacijos įstaigai, įregistravusiai santuoką, nustatytos formos pranešimą, o pastaroji padaro pakeitimą santuokos sudarymo akto įraše.

XXVI SKYRIUS VARDO, PAVARDĖS, TAUTYBĖS PAKEITIMO REGISTRAVIMAS

3.307 straipsnis. Vardo, pavardės, tautybės pakeitimo registravimo tvarka Vardo, pavardės, tautybės pakeitimas registruojamas pareiškėjo gyvenamosios vietos

civilinės metrikacijos įstaigoje Teisingumo ministerijos leidimu.

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3.308 straipsnis. Civilinės būklės aktų įrašuose pakeitimų dėl vardo, pavardės, tautybės pakeitimo padarymas

Jeigu Teisingumo ministerija leido pakeisti vardą, pavardę, tautybę, civilinės metrikacijos įstaiga padaro atitinkamus pakeitimus gimimo, santuokos sudarymo, santuokos nutraukimo įrašuose ir išduoda vardo, pavardės, tautybės pakeitimo liudijimą bei naujus gimimo, santuokos, ištuokos liudijimus.

XXVII SKYRIUS MIRTIES REGISTRAVIMAS

3.309 straipsnis. Mirties registravimo tvarka 1. Mirtis registruojama mirusiojo gyvenamosios vietos arba mirimo vietos vienoje iš

įstaigų, nurodytų šio kodekso 3.280 straipsnyje, remiantis medicininiu mirties liudijimu. 2. Mirtis, remiantis teismo sprendimu paskelbti asmenį mirusiu ar nustačius asmens

mirties faktą, registruojama sprendimą priėmusio teismo buvimo vietos civilinės metrikacijos įstaigoje.

3.310 straipsnis. Pareiškimas apie mirtį Mirtis registruojama mirusiojo giminaičių, jo kaimynų, gyvenamosios patalpos savininko

pareiškimu, taip pat medicinos įstaigos, kurioje šis asmuo mirė, administracijos ar policijos komisariato pranešimu.

3.311 straipsnis. Terminas mirčiai įregistruoti Apie mirtį turi būti pareikšta ir mirtis turi būti įregistruota ne vėliau kaip per tris paras nuo

mirimo arba mirusiojo suradimo laiko.

3.312 straipsnis. Mirties įrašas Registruodama mirtį, šio kodekso 3.280 straipsnyje nurodyta įstaiga įrašo mirties įrašą ir

išduoda mirties liudijimą.

XXVIII SKYRIUS CIVILINĖS BŪKLĖS AKTŲ ĮRAŠŲ ATKŪRIMAS,

PAPILDYMAS IR IŠTAISYMAS

3.313 straipsnis. Civilinės būklės aktų įrašų atkūrimo, papildymo ir ištaisymo tvarka 1. Civilinės būklės aktų įrašus atkuria, papildo ir ištaiso, jeigu dėl to yra pakankamas

pagrindas ir nėra suinteresuotų asmenų ginčo, civilinės metrikacijos įstaigos. 2. Jei tarp suinteresuotų asmenų iškyla ginčas, civilinės būklės aktų įrašai atkuriami,

papildomi ir ištaisomi teismo sprendimu.

XXIX SKYRIUS CIVILINĖS BŪKLĖS AKTŲ ĮRAŠŲ IR JŲ KEITIMO DOKUMENTŲ SAUGOJIMAS

3.314 straipsnis. Civilinės būklės aktų įrašų ir jų keitimo dokumentų saugojimo tvarka

Civilinės būklės aktų įrašų ir jų keitimo dokumentų saugojimo tvarką nustato Teisingumo ministerija kartu su Lietuvos archyvų departamentu.

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KETVIRTOJI KNYGA DAIKTINĖ TEISĖ

I DALIS DAIKTAI

I SKYRIUS BENDROSIOS NUOSTATOS

4.1 straipsnis. Daiktų sąvoka Daiktais laikomi iš gamtos pasisavinti arba gamybos procese sukurti materialaus pasaulio

dalykai.

4.2 straipsnis. Nekilnojamieji ir kilnojamieji daiktai 1. Nekilnojamaisiais daiktais laikomi daiktai, kurie yra nekilnojami pagal prigimtį ir pagal

savo prigimtį kilnojami daiktai, kuriuos nekilnojamaisiais pripažįsta įstatymai. 2. Nekilnojamieji daiktai pagal prigimtį yra žemės sklypas ir su juo susiję daiktai, kurie

negali būti perkeliami iš vienos vietos į kitą nepakeitus jų paskirties ir iš esmės nesumažinus jų vertės.

3. Kilnojamieji daiktai pagal prigimtį yra daiktai, kurie iš vienos vietos į kitą gali būti perkelti nepakeitus jų paskirties ir iš esmės nesumažinus jų vertės.

4. Kilnojamasis daiktas, įeinantis į nekilnojamąjį daiktą ir praradęs savo individualius požymius, yra nekilnojamojo daikto dalis.

5. Kilnojamasis daiktas, fiziškai pritvirtintas ar kitaip prijungtas prie nekilnojamojo daikto, taip pat įeinantis į jį, bet nepraradęs savo individualių požymių, nelaikomas nekilnojamojo daikto dalimi.

6. Laikinai atskirtos sudėtinės nekilnojamojo daikto dalys išsaugo savo, kaip nekilnojamojo daikto, savybes, jei tas dalis numatoma grąžinti atgal.

7. Nekilnojamiesiems pagal prigimtį daiktams nustatytos taisyklės gali būti taikomos kilnojamiesiems pagal prigimtį daiktams ir atvirkščiai, jeigu tai nustatyta įstatymo arba šalių susitarimu, kai susitarimas neprieštarauja įstatymams.

4.3 straipsnis. Pakeičiamieji ir nepakeičiamieji daiktai 1. Pakeičiamaisiais daiktais laikomi rūšies požymiais apibūdinti ir individualių požymių

neturintys daiktai. 2. Nepakeičiamaisiais daiktais laikomi individualiais požymiais apibūdinti daiktai.

4.4 straipsnis. Individualiais ir rūšies požymiais apibūdinti daiktai 1. Individualiais požymiais apibūdintais laikomi daiktai, kurie vienu ar kitu būdu

atskiriami nuo kitų vienarūšių daiktų. 2. Rūšies požymiais apibūdintais laikomi daiktai, kurie turi bendrus visai tai daiktų rūšiai

požymius.

4.5 straipsnis. Suvartojamieji ir nesunaudojamieji daiktai 1. Suvartojamaisiais daiktais laikomi daiktai, kurie, panaudoti pagal paskirtį, iš karto

sunaikinami, prarandami arba iš esmės pasikeičia. 2. Nesunaudojamaisiais daiktais laikomi daiktai, kurie, naudojami pagal paskirtį, ilgą laiką

iš esmės nepakeičia savo vertės ir paskirties.

4.6 straipsnis. Dalieji ir nedalieji daiktai 1. Daliaisiais daiktais laikomi daiktai, kurių, fiziškai juos padalijus, nepasikeičia tikslinė

paskirtis ir kiekviena dalis gali būti kaip savarankiškas daiktas. 2. Nedaliaisiais daiktais laikomi daiktai, kurių, fiziškai juos padalijus, pasikeičia tikslinė

paskirtis, ir dalieji pagal prigimtį daiktai, kuriuos nedaliaisiais pripažįsta įstatymai. 3. Dalieji pagal prigimtį daiktai šalių susitarimu gali būti laikomi nedaliaisiais daiktais.

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4.7 straipsnis. Išimti iš apyvartos, ribotai esantys apyvartoje ir neišimti iš apyvartos daiktai

1. Kiekvienas asmuo nuosavybės teise gali turėti bet kuriuos daiktus, jeigu tie daiktai neišimti iš apyvartos arba nėra ribotai esantys apyvartoje.

2. Išimti iš apyvartos yra tik išimtine valstybės nuosavybe esantys daiktai. 3. Ribotai esantys apyvartoje daiktai yra tam tikras savybes turintys daiktai, kurių apyvarta

ribojama saugumo, sveikatos apsaugos ar kitų visuomenės poreikių.

4.8 straipsnis. Namų apyvokos daiktai Namų apyvokos daiktais laikomi visi namų ūkyje naudojami kilnojamieji daiktai, baldai ir

dekoracijos, išskyrus knygų rinkinius (bibliotekas), meno kūrinių ir kitas vertingas kolekcijas, taip pat mokslinės ar istorinės reikšmės daiktus.

4.9 straipsnis. Daiktinės teisės suvaržymai 1. Daiktinės teisės suvaržymais laikomi su daiktu susieti įsipareigojimai. 2. Daiktinės teisės suvaržymai kartu su daiktu perleidžiami naujajam daikto savininkui.

Jeigu daiktinės teisės suvaržymai turi būti registruojami, kartu su daiktu perleidžiami tik įregistruoti suvaržymai. Įstatymų numatytais atvejais arba asmenų susitarimu daiktinės teisės suvaržymai kartu su daiktu gali būti perleidžiami ir kitam asmeniui.

3. Nekilnojamąjį daiktą padalijus arba sujungus su kitu nekilnojamuoju daiktu, viešame registre įregistruotos daiktinės teisės ir jų suvaržymai išlieka, jeigu įstatymas nenustato kitaip.

4.10 straipsnis. Daikto išlaidos 1. Daikto išlaidos skirstomos į įprastines ir ypatingąsias. 2. Įprastinėmis išlaidomis laikomos išlaidos, būtinos daikto saugumui užtikrinti arba

daiktui išsaugoti nuo žūties ar aiškaus pablogėjimo. 3. Ypatingosiomis išlaidomis laikomos išlaidos, daromos tiek pačiam daiktui pagerinti,

tiek ir gaunamoms iš daikto pajamoms padidinti.

4.11 straipsnis. Daiktų skirstymas pagal vertę 1. Daiktai pagal vertę skirstomi į įprastinę vertę turinčius daiktus, į ypatingą vertę turinčius

daiktus ir į asmeniniais tikslais pagrįstą vertę turinčius daiktus. 2. Įprastinė daikto vertė priklauso nuo naudos, kurią paprastai galima gauti iš daikto.

3. Ypatingoji daikto vertė priklauso nuo naudos, kurią asmuo gauna pats valdydamas daiktą, juo naudodamasis ar disponuodamas.

4. Asmeniniais tikslais pagrįsta daikto vertė priklauso nuo savybių, kurias asmuo priskiria daiktui dėl savo išskirtinių ryšių su tuo daiktu, nepaisydamas naudos, kurią paprastai galima gauti iš to daikto.

II SKYRIUS PAGRINDINIAI IR ANTRAEILIAI DAIKTAI

4.12 straipsnis. Pagrindiniai daiktai Pagrindiniais daiktais laikomi daiktai, galintys būti savarankiškais teisinių santykių

objektais.

4.13 straipsnis. Antraeiliai daiktai 1. Antraeiliais daiktais laikomi tik su pagrindiniais daiktais egzistuojantys arba

pagrindiniams daiktams priklausantys, arba kitaip su jais susiję daiktai. 2. Antraeiliai daiktai skirstomi į esmines pagrindinio daikto dalis, į gaunamus iš

pagrindinio daikto vaisius, produkciją ir pajamas, į pagrindinio daikto priklausinius.

4.14 straipsnis. Antraeilio daikto likimas 1. Antraeilį daiktą ištinka pagrindinio daikto likimas, jeigu sutarties ar įstatymo

nenustatyta kitaip.

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2. Kai pagrindinio daikto perleidimo kito asmens nuosavybėn metu kyla ginčas dėl antraeilio daikto likimo, kartu su pagrindiniu daiktu perleidžiamas to asmens nuosavybėn ir antraeilis daiktas, jeigu neįrodyta, kad turi būti pasielgta priešingai.

4.15 straipsnis. Esminės pagrindinio daikto dalys Esminėmis pagrindinio daikto dalimis laikomi daiktai, kurie įeina į pagrindinio daikto

sudėtį ir su juo susiję taip neatskiriamai, kad be jų pagrindinis daiktas negalėtų būti naudojamas pagal paskirtį arba būtų pripažintas nevisaverčiu.

4.16 straipsnis. Vaisiai Vaisiais laikomi daiktai, kurie, organiškai vystantis pagrindiniam daiktui, turi atsiskirti,

atsiskiria ar atskiriami nuo jo nepažeidžiant pagrindinio daikto vientisumo ir paskirties.

4.17 straipsnis. Produkcija Produkcija laikomi daiktai, kurie sukuriami kaip darbo rezultatas naudojant gamybos

procese pagrindinius daiktus.

4.18 straipsnis. Pajamos 1. Iš daikto gaunamomis pajamomis laikomi pinigai ir kitos materialinės vertybės, kurie

gaunami naudojant pagrindinį daiktą civilinėje apyvartoje. 2. Pajamomis taip pat gali būti laikomi visi daiktai, kurie gali būti gaunami visokeriopai

naudojant pagrindinį daiktą. Šia prasme pajamomis laikomi ne tik šio straipsnio 1 dalyje nurodyti daiktai, bet taip pat vaisiai ir produkcija.

4.19 straipsnis. Priklausiniai 1. Priklausiniais laikomi savarankiški pagrindiniam daiktui tarnauti skirti antraeiliai

daiktai, kurie pagal savo savybes yra nuolat susiję su pagrindiniu daiktu. 2. Dviejų ar daugiau daiktų sujungimas nedaro nė vieno iš tokių daiktų kito priklausiniu,

jeigu nėra požymių, nurodytų šio straipsnio 1 dalyje.

II DALIS DAIKTINĖS TEISĖS

III SKYRIUS BENDROSIOS NUOSTATOS

4.20 straipsnis. Daiktinės teisės sąvoka Daiktinė teisė – tai absoliuti teisė, pasireiškianti teisės turėtojo galimybe įgyvendinti

valdymo, naudojimo ir disponavimo teises ar tik kai kurias iš šių teisių.

4.21 straipsnis. Daiktinių teisių teisinis režimas Daiktinėms teisėms į nekilnojamuosius daiktus taikomas nekilnojamiesiems daiktams

nustatytas teisinis režimas, o daiktinėms teisėms į kilnojamuosius daiktus – kilnojamiesiems daiktams nustatytas teisinis režimas, jeigu įstatymai nenustato kitaip.

IV SKYRIUS VALDYMAS

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

4.22 straipsnis. Daikto valdymas 1. Daikto valdymu, kaip savarankiška daiktine teise, kuri yra pagrindas nuosavybės teisei

pagal įgyjamąją senatį įgyti, laikomas faktinis daikto turėjimas turint tikslą jį valdyti kaip savą. 2. Daikto valdymas nelaikomas savarankiška daiktine teise, kai faktinis daikto turėtojas

daikto valdytoju ar savininku pripažįsta kitą asmenį.

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4.23 straipsnis. Teisėtas ir neteisėtas daikto valdymas 1. Daikto valdymas gali būti teisėtas ir neteisėtas. 2. Teisėtu laikomas daikto valdymas, įgytas tais pačiais pagrindais kaip ir nuosavybės

teisė. Daikto valdymas laikomas teisėtu, kol neįrodyta priešingai. 3. Neteisėtu daikto valdymu laikomas per prievartą, slaptai ar kitaip pažeidžiant teisės

aktus įgyto daikto valdymas.

4.24 straipsnis. Valdymo teisės objektas Valdymo teisės objektu gali būti kiekvienas daiktas, kuris gali būti nuosavybės teisės

objektu.

ANTRASIS SKIRSNIS VALDYMO ATSIRADIMAS IR ĮGYVENDINIMAS

4.25 straipsnis. Valdymo atsiradimas 1. Valdymas gali atsirasti užvaldant daiktą, perduodant ar paveldint valdymo teisę. 2. Valdymas atsiranda fiziškai užvaldant daiktą, kai tik užvaldęs daiktą asmuo gali

paveikti daiktą pagal savo valią. Taip pat užvaldant daiktą turi būti išreikšta asmens valia turėti tą daiktą kaip savą.

3. Užvaldyti daiktą asmuo gali ir nesant tiesioginio ar netiesioginio fizinio kontakto tarp jo ir daikto.

4.26 straipsnis. Valdymo atsiradimas sąžiningai ir nesąžiningai 1. Valdymas gali būti atsiradęs sąžiningai ir nesąžiningai. 2. Valdymas laikomas atsiradęs sąžiningai, kol neįrodyta priešingai. 3. Sąžiningu valdymo atsiradimu laikomas daikto valdymo atsiradimas, kai valdyti

pradedantis asmuo yra įsitikinęs, kad niekas neturi daugiau už jį teisių į daiktą, kurį jis pradeda valdyti.

4. Nesąžiningu valdymo atsiradimu laikomas daikto valdymo atsiradimas, kai daiktą valdantis asmuo žinojo arba privalėjo žinoti, kad jis neturi teisės tapti to daikto valdytoju arba kad kitas asmuo turi daugiau teisių į jo užvaldomą daiktą.

4.27 straipsnis. Nekilnojamojo daikto valdymo atsiradimas 1. Nekilnojamojo daikto valdymas gali atsirasti ne tik fiziškai užvaldžius daiktą, bet ir kai

perduodantis valdyti nekilnojamąjį daiktą asmuo nurodo, kad daiktas perduotas, jeigu nėra jokių kliūčių patekti į tą daiktą ar kitu panašiu būdu jį fiziškai užvaldyti.

2. Nekilnojamojo daikto valdymas atsiranda nuo valdymo įregistravimo viešame registre momento.

3. Daikto valdymas negali būti registruojamas viešame registre, jeigu jame jau yra įregistruota nuosavybės teisė į šį daiktą.

4.28 straipsnis. Kilnojamojo daikto valdymo atsiradimas Kilnojamojo daikto valdymas asmeniui atsiranda: 1) kai pageidaujantysis, kad atsirastų kilnojamojo daikto valdymas, paima tą daiktą į savo

rankas; 2) kai pageidaujantysis, kad atsirastų kilnojamojo daikto valdymas, pradėjo saugoti daiktą

ar tai daroma jo nurodymu; 3) kai norinčio, kad atsirastų daikto valdymas, asmens nurodymu daiktas perduotas jo

nurodytam asmeniui; 4) kai daiktas padedamas į patalpą, priklausančią asmeniui, pageidaujančiam, kad atsirastų

to daikto valdymas; 5) kai pageidaujančiam, kad atsirastų valdymas, asmeniui perduoti raktai nuo patalpos,

kurioje yra daiktas; 6) kai pageidaujantis, kad atsirastų valdymas, asmuo atitinkamai pažymėjo niekieno

nevaldomą daiktą;

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7) kai gaudomas daiktas pakliuvo į spąstus, tinklus ir pan.; 8) atlikus kitus veiksmus, išreiškiančius asmens valią užvaldyti daiktą.

4.29 straipsnis. Daikto valdymo atsiradimas per kitą asmenį Jeigu perduodantysis valdyti daiktą per kitą asmenį turėjo tikslą perduoti jį konkrečiam

asmeniui, tai šiam perduoto daikto valdymas atsiranda ir tada, jeigu asmuo, per kurį perduodamas daiktas, norėtų įsigyti daiktą sau ar dar kitam asmeniui.

4.30 straipsnis. Faktinis daikto valdymas per kitą asmenį Valdytojas gali valdyti daiktą per kitą asmenį, kuris privalo laikytis valdytojo nurodymų.

TREČIASIS SKIRSNIS VALDYMO PABAIGOS PAGRINDAI

4.31 straipsnis. Valdymo pabaiga 1. Valdymas baigiasi, kai daikto valdytojas atsisako savo, kaip valdytojo, teisių į daiktą, t.

y. atsisako faktiškai valdyti daiktą ar turėti jį kaip savą, ir kitais įstatymų nustatytais pagrindais. 2. Valdymo teisės atsisakymas turi būti aiškiai išreikštas arba numanomas. 3. Valdytojo nesinaudojimas nekilnojamuoju daiktu nereiškia, kad jis atsisako šio daikto

valdymo, jeigu jo noras atsisakyti valdymo negali būti numanomas iš kitų aplinkybių.

4.32 straipsnis. Kilnojamojo daikto valdymo pabaiga Kilnojamojo daikto valdymas baigiasi praradus valdytojui galimybę paveikti daiktą pagal

savo valią, kai: 1) daiktą užvaldo kitas asmuo, netgi slaptai ar per prievartą; 2) daiktą pametęs valdytojas negali jo rasti; 3) valdytojas negali daikto valdyti dėl kitų priežasčių.

4.33 straipsnis. Nekilnojamojo daikto valdymo pabaiga 1. Nekilnojamojo daikto valdymas baigiasi, kai valdytojas ne tik praranda galimybę

paveikti daiktą pagal savo valią, bet ir kai nesiima jokių priemonių šią galimybę susigrąžinti. 2. Nekilnojamojo daikto valdymas baigiasi, jeigu valdytojo bandymai susigrąžinti poveikį

daiktui buvo nesėkmingi. 3. Nekilnojamojo daikto valdymas baigiasi nuo valdymo išregistravimo iš viešojo registro

momento.

KETVIRTASIS SKIRSNIS VALDYMO GYNIMAS

4.34 straipsnis. Valdymo gynimas 1. Kiekvienas valdytojas turi teisę ginti esamą valdymą ir atnaujinti atimtą valdymą. 2. Valdytojas gali reikalauti teismine tvarka ne tik savo valdymo gynimo, bet ir nuostolių,

kurie buvo padaryti dėl valdymo pažeidimo, atlyginimo. 3. Sąžiningam valdytojui turi būti atlygintos daikto išlaikymo išlaidos, išskyrus atvejus,

kai jas padengia daikto pajamos. Sąžiningas valdytojas taip pat turi teisę pasilikti dalis, kuriomis buvo pagerintas daiktas, jeigu tai nepadarys žalos daiktui. Jeigu šių dalių atskirti negalima, sąžiningas valdytojas turi teisę reikalauti atlyginti padarytas dėl pagerinimo išlaidas, bet ne didesnes kaip daikto vertės padidėjimas.

4.35 straipsnis. Valdymo pažeidimas 1. Valdymas gali būti pažeistas paimant ar bandant paimti daiktą ar jo dalį, taip pat teises į

jį, arba trukdant valdyti daiktą. Valdymo pažeidimas gali pasireikšti grasinimais, sukeliančiais realų pavojų valdymui.

2. Valdymo pažeidimu nelaikomi veiksmai, formaliai atitinkantys šio straipsnio 1 dalyje nurodytus požymius, jeigu asmuo, kuris nurodytas kaip valdymo pažeidėjas, įrodo, kad būtent iš jo ir neteisėtai atsirado pareiškėjo valdymas.

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3. Asmens, nurodyto kaip valdymo pažeidėjas, įrodinėjimas, kad pareiškėjo valdymas atsirado neteisėtai iš trečiojo asmens, nėra pagrindas pripažinti, jog asmuo, kuris nurodytas kaip valdymo pažeidėjas, nepažeidė valdymo.

4.36 straipsnis. Ginčai dėl daikto valdymo 1. Kilus ginčui dėl daikto valdymo, kai du ar daugiau asmenų tvirtina esą to paties daikto

valdytojai ir jie tai pagrindžia faktais, patvirtinančiais, kad tęsiasi jų valdymas, turi būti ginamas valdymas to asmens, kuris įrodys, jog jis yra teisėtas daikto valdytojas.

2. Jeigu nė vienas iš asmenų, kurie ginčijasi, nesugeba to įrodyti, turi būti ginamas valdymas to asmens, kuris daiktą pradėjo valdyti anksčiausiai.

V SKYRIUS NUOSAVYBĖS TEISĖ

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

4.37 straipsnis. Nuosavybės teisės sąvoka 1. Nuosavybės teisė – tai teisė savo nuožiūra, nepažeidžiant įstatymų ir kitų asmenų teisių

ir interesų, valdyti, naudoti nuosavybės teisės objektą ir juo disponuoti. 2. Savininkas turi teisę perduoti kitam asmeniui visą nuosavybės teisės objektą ar jo dalis,

ar tik konkrečias šio straipsnio 1 dalyje nurodytas teises.

4.38 straipsnis. Nuosavybės teisės objektas Nuosavybės teisės objektu gali būti daiktai ir kitas turtas.

4.39 straipsnis. Nuosavybės teisės apribojimas 1. Nuosavybės teisė gali būti apribota paties savininko valia, įstatymų arba teismo

sprendimo. 2. Kilus abejonių dėl nuosavybės teisės apribojimo, visais atvejais laikoma, kad

nuosavybės teisė neapribota.

4.40 straipsnis. Žemės sklypo savininko teisių turinys 1. Žemės sklypo savininkui nuosavybės teise priklauso viršutinis žemės sklypo sluoksnis,

ant žemės sklypo esantys statiniai bei jų priklausiniai, kiti nekilnojamieji daiktai, jeigu įstatymo ar sutarties nenustatyta kitaip.

2. Žemės sklypo savininkas į virš jo sklypo esančią oro erdvę turi tokias teises, kiek jos neprieštarauja įstatymams ir kiek būtina naudoti žemės sklypą pagal paskirtį.

3. Žemės sklypo savininkas turi nuosavybės teisę į sklypo viršutinį žemės sluoksnį bei žemėje esančias naudingąsias iškasenas tiek, kiek ši teisė neprieštarauja įstatymams ir kiek būtina naudoti žemės sklypą pagal paskirtį.

4.41 straipsnis. Gyvūnų savininko teisių turinys Gyvūnų savininkas, įgyvendindamas nuosavybės teisę, privalo laikytis gyvūnų apsaugą ir

jų laikymą reglamentuojančių įstatymų, kitų teisės aktų reikalavimų.

4.42 straipsnis. Teisė į kaimyninio sklypo medžių, krūmų ir kitų augalų dalis bei jų vaisius

1. Žemės sklypo savininkas turi teisę nupjauti ir pasilikti sau kaimyniniame žemės sklype augančių medžių, krūmų, kitų augalų šaknis ir šakas, esančias jo žemės sklype, prieš tai įspėjęs kaimyninio žemės sklypo savininką ir nustatęs terminą jas pašalinti, bet per nustatytą terminą nesulaukęs jų pašalinimo.

2. Tokia teisė nesuteikiama žemės sklypo savininkui, jeigu kaimyniniame sklype augančių medžių, krūmų, kitų augalų šaknys ir šakos, esančios jo žemės sklype, netrukdo naudoti žemės sklypą.

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3. Visais atvejais žemės sklypo savininkas įgyja nuosavybės teisę į vaisius, gautus nuo kaimyniniame žemės sklype augančių medžių, krūmų šakų, esančių jo žemės sklype, ir į vaisius, gautus nuo kaimyniniame žemės sklype augančių kitų augalų stiebų, šakų ir šaknų, esančių jo žemės sklype.

4.43 straipsnis. Laikinas pasinaudojimas svetimu žemės sklypu susisiekimui 1. Savininkas žemės sklypo, netekusio susisiekimo su viešuoju keliu, būtinu sklypui

naudoti pagal paskirtį, gali reikalauti iš kaimyninių sklypų savininkų ar naudotojų, kad šie susisiekimo tikslui leistų jam naudotis savo žemės sklypais, kol bus pašalinta kliūtis, dėl kurios nutrūko susisiekimas. Ginčus dėl laikino kelio krypties ir teisių juo naudotis, jeigu būtina, sprendžia teismas.

2. Kaimyninių žemės sklypų, kuriais nutiestas laikinas kelias, savininkams iš anksto turi būti atlyginti dėl kelio nutiesimo atsiradę nuostoliai.

4.44 straipsnis. Neleistinumas laikinai pasinaudoti svetimu žemės sklypu susisiekimui Savininkas žemės sklypo, netekusio susisiekimo su viešuoju keliu, būtinu sklypui naudoti

pagal paskirtį, negali reikalauti iš kaimynų, kad šie susisiekimo tikslui leistų jam naudotis savo žemės sklypais, jeigu jo paties tyčiniais veiksmais buvo nutrauktas jo žemės sklypo susisiekimas su viešuoju keliu.

4.45 straipsnis. Žemės sklypo ribų nustatymas 1. Jeigu sklypų savininkai nesutaria dėl ginčytinų sklypo ribų ir jos nėra aiškios iš esamų

dokumentų, ribas nustato teismas, atsižvelgdamas į dokumentus, faktiškai valdomo sklypo ribas bei kitus įrodymus. Jeigu ribų nustatyti neįmanoma, prie kiekvieno žemės sklypo turi būti prijungtos vienodo dydžio ginčytino ploto dalys, bet nė vienas tokiu būdu naujai suformuotas sklypas plotu neturi skirtis nuo esamo teisiškai įtvirtinto sklypo.

2. Riboženklių pastatymo išlaidas privalo atlyginti abi šalys lygiomis dalimis, jeigu kitaip nenustato jų tarpusavio santykius reguliuojantys susitarimai ar teismas nenusprendžia kitaip.

4.46 straipsnis. Teisė į sklypo ribas žyminčius nekilnojamuosius daiktus 1. Savininkai, kurių žemės sklypai atskirti tvora, medžiais, krūmais, siena ar kitais

nekilnojamaisiais daiktais, tarnaujančiais abiem sklypams ir esančiais ant sklypų ribos, turi teisę bendrai naudotis minėtais objektais, jeigu negalima nustatyti, kad šie objektai priklauso vienam konkrečiam savininkui.

2. Savininkas, kuris bendrai naudojasi jo žemės sklypo ribas žyminčiais nekilnojamaisiais daiktais, turi teisę naudotis jais pagal paskirtį tiek, kiek toks naudojimasis netrukdo kaimyninio sklypo savininkui. Išlaidas minėtiems objektams išlaikyti ir išsaugoti kaimyninių sklypų savininkai apmoka lygiomis dalimis, jeigu nesusitaria kitaip.

3. Sklypų ribas žyminčių bendrai naudojamų nekilnojamųjų daiktų vienas sklypo savininkas negali pašalinti arba pakeisti be kito savininko sutikimo.

4. Kitus teisinius kaimyninių sklypų savininkų santykius dėl sklypų ribas žyminčių nekilnojamųjų daiktų nustato bendrosios nuosavybės teisės nuostatos.

ANTRASIS SKIRSNIS NUOSAVYBĖS TEISĖS ĮGIJIMO IR PRARADIMO PAGRINDAI

4.47 straipsnis. Nuosavybės teisės įgijimo pagrindai Nuosavybės teisė gali būti įgyjama: 1) pagal sandorius; 2) paveldėjimu; 3) pasisavinant vaisius ir pajamas; 4) pagaminant naują daiktą; 5) pasisavinant bešeimininkį daiktą; 6) pasisavinant laukinius gyvūnus, laukines ir namines bites; 7) pasisavinant bepriežiūrius ir priklydusius naminius gyvūnus; 8) pasisavinant radinį, lobį;

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9) atlygintinai paimant netinkamai laikomas kultūros vertybes ir kitus daiktus (turtą) visuomenės poreikiams;

10) konfiskuojant ar kitu būdu už pažeidimus paimant pagal įstatymą daiktus (turtą); 11) įgyjamąja senatimi; 12) kitais įstatymo nustatytais pagrindais.

4.48 straipsnis. Nuosavybės teisės įgijimas perdavimo būdu 1. Perduoti nuosavybės teisę gali tik pats savininkas arba savininko įgaliotas asmuo. 2. Perdavimo būdu naujasis savininkas įgyja į perduotą daiktą (turtą) tiek teisių ir pareigų,

kiek jų turėjo buvęs daikto (turto) savininkas, jeigu įstatymai ar sutartis nenustato ko kita.

4.49 straipsnis. Momentas, nuo kurio daikto įgijėjas pagal sandorį įgyja nuosavybės teisę

1. Daikto (turto) įgijėjas nuosavybės teisę į daiktus (turtą) įgyja nuo jų perdavimo įgijėjui momento, jeigu įstatymai ar sutartis nenustato ko kita.

2. Pagal sandorį nuosavybės teisė į nekilnojamąjį daiktą įgyjama nuo to momento, kuris yra nustatytas įstatymo.

3. Sutartyje gali būti numatyta, kad nuosavybės teisė pereina įgijėjui tik po to, kai jis įvykdys tam tikrą sutartyje nustatytą sąlygą.

4. Nuosavybės teisė į būsimą daiktą, išskyrus registruotiną daiktą, gali būti sutartimi perleista iš anksto.

4.50 straipsnis. Daikto perdavimas įgijėjui 1. Daikto perdavimu sudaroma galimybė įgijėjui naudotis perduotu daiktu pagal paskirtį,

atsižvelgiant į daikto būklę ir teisinį statusą. 2. Perdavimu laikomas daikto įteikimas įgijėjui, taip pat daikto, perduodamo be prievolės

nugabenti, įteikimas transporto organizacijai išsiųsti įgijėjui ir įteikimas paštui persiųsti įgijėjui, jeigu įstatymai ar sutartis nenustato ko kita.

3. Daikto perdavimui prilyginamas konosamento arba kitokio disponavimo dokumento perdavimas.

4.51 straipsnis. Turinčių ypatingą reikšmę daiktų įgijimas Daiktus, turinčius ypatingą reikšmę Lietuvos Respublikos ūkiui, visuomenės ar valstybės

saugumui, arba dėl kitų priežasčių (ginklai, smarkiai veikiantys nuodai ir kt.) galima įsigyti tiktai pagal specialius leidimus. Tokius daiktus ir leidimų jiems įsigyti išdavimo tvarką nustato įstatymai.

4.52 straipsnis. Perleidžiamo daikto atsitiktinio žuvimo ar sugedimo rizika 1. Perleidžiamo daikto atsitiktinio žuvimo ar sugedimo rizika pereina įgijėjui tuo pačiu

metu, kai jam pereina nuosavybės teisė, jeigu įstatymai ar sutartis nenustato ko kita. 2. Jeigu perleidėjas praleidžia terminą daiktą perduoti arba įgijėjas praleidžia terminą

daiktą priimti, tai atsitiktinio žuvimo ar sugedimo rizika tenka praleidusiai terminą šaliai, jeigu įstatymai ar sutartis nenustato ko kita.

4.53 straipsnis. Nuosavybės teisė į vaisius ir pajamas 1. Daikto duodami vaisiai, gyvulių prieauglis priklauso jų savininkui, jeigu įstatymai arba

sutartis nenustato ko kita. 2. Daikto ūkinio naudojimo rezultatai – produkcija ir pajamos – priklauso daikto

savininkui, jeigu įstatymai ar sutartis nenustato ko kita.

4.54 straipsnis. Daikto atsiradimas susijungus kilnojamiesiems daiktams 1. Jeigu kilnojamieji kelių savininkų daiktai susijungė ir sudarė naują daiktą ir nėra

galimybės vėl juos atskyrus grąžinti į pirminę būklę arba tai susiję su pernelyg didelėmis išlaidomis, kai savininkai nebuvo specialiai susitarę dėl daiktų sujungimo, tai šiuo būdu atsiradęs naujas kilnojamasis daiktas laikomas bendrąja daline nuosavybe, kurios kiekvienam bendraturčiui priklauso dalis, proporcinga jo susijungusio daikto vertei bendrame daikte.

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2. Jeigu keliems savininkams priklausančius kilnojamuosius daiktus vienas iš jų sujungė be kito (kitų) sutikimo ir žinios ir jeigu yra galimybė juos atskirti ir grąžinti į pirminę būklę, tai daroma sujungusiojo asmens lėšomis.

4.55 straipsnis. Daikto pagaminimas iš svetimos medžiagos 1. Asmuo, pagaminęs naują daiktą iš svetimos medžiagos, tampa daikto savininku, jeigu

darbo vertė yra didesnė už medžiagos vertę ir jeigu, be to, šis asmuo nežinojo ir neturėjo žinoti, kad medžiaga priklauso kitam. Šiuo atveju pasinaudojęs svetima medžiaga asmuo privalo atlyginti medžiagos savininkui jos vertę.

2. Jeigu medžiagos vertė yra didesnė už daikto pagaminimo vertę, daikto savininku pripažįstamas medžiagos savininkas. Jam suteikiama teisė arba pasilikti daiktą sau ir apmokėti jo pagaminimo vertę, arba atsisakyti daikto jį pagaminusio asmens naudai ir išieškoti iš šio nuostolius.

4.56 straipsnis. Daikto pagaminimas iš savos ir iš svetimos medžiagos 1. Asmuo, pagaminęs naują daiktą iš savos ir iš svetimos medžiagos, tampa daikto

savininku, jeigu darbo vertė ir savos medžiagos vertė yra didesnė už svetimos medžiagos vertę ir jeigu, be to, šis asmuo nežinojo ir neturėjo žinoti, kad medžiaga priklauso kitam. Šiuo atveju pasinaudojęs svetima medžiaga asmuo privalo atlyginti medžiagos savininkui jos vertę.

2. Jeigu svetimos medžiagos vertė yra didesnė už darbo vertę ir savos medžiagos vertę, daikto savininku pripažįstamas svetimos medžiagos savininkas. Jam suteikiama teisė arba pasilikti daiktą sau ir apmokėti jo pagaminimo vertę bei pagaminusiam daiktą asmeniui priklausančios medžiagos vertę arba atsisakyti daikto jį pagaminusio asmens naudai ir išieškoti iš jo nuostolius.

4.57 straipsnis. Bešeimininkis daiktas 1. Bešeimininkiu daiktu laikomas daiktas, kuris neturi savininko arba kurio savininkas

nežinomas. 2. Bešeimininkiu daiktu nelaikomas sąžiningai įgytas ir teisėtai valdomas daiktas, nors

daikto valdytojas įgyjamąja senatimi dar nėra įgijęs nuosavybės teisės į daiktą. 3. Kilnojamaisiais bešeimininkiais daiktais gali būti gyvūnai, negyvi kilnojamieji daiktai,

kurie niekam dar nepriklausė arba kurių savininkas atsisakė, arba kuriuos pametė ar paslėpė (radinys), tarp jų ir lobis.

4.58 straipsnis. Nuosavybės teisės į bešeimininkį daiktą įgijimas 1. Bešeimininkis daiktas nuosavybėn gali būti perduotas tik valstybei arba savivaldybėms

teismo sprendimu, priimtu pagal finansų, kontrolės arba savivaldybės institucijos pareiškimą. Pareiškimas paduodamas suėjus vieneriems metams nuo tos dienos, kurią daiktas įtrauktas į apskaitą, jeigu įstatymų nenustatyta kitaip.

2. Bešeimininkio daikto išaiškinimo ir apskaitos tvarką nustato Vyriausybė. 3. Nuosavybės teisė į bešeimininkį daiktą negali būti įgyjama, jeigu tai draudžia įstatymas

arba tokio daikto pasisavinimu pažeidžiama kito asmens teisė pasisavinti daiktą (teisė į lobį, radinį ir pan.).

4. Kilnojamieji daiktai, kurie niekam dar nepriklausė arba kurių savininkas atsisakė tiesiai tai išsakydamas arba juos išmesdamas, tampa tuos daiktus pradėjusio valdyti asmens nuosavybe.

4.59 straipsnis. Laukiniai gyvūnai Laisvėje esantys laukiniai gyvūnai, kurie laikantis įstatymų buvo pagauti arba nušauti,

tampa juos pagavusiojo arba nušovusiojo nuosavybe, jeigu įstatymų nenustatyta kitaip.

4.60 straipsnis. Laukinės ir naminės bitės 1. Laukinių bičių šeima nuosavybės teise priklauso žemės sklypo, kuriame ji yra sugauta,

savininkui. 2. Bičių savininkas turi teisę persekioti bičių spiečių netgi svetimoje žemėje, bet jis privalo

atlyginti žemės sklypo savininkui tuo padarytus nuostolius.

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3. Bičių spiečiaus savininkas praranda nuosavybės teisę į jį, jeigu jis nepersekioja spiečiaus per 24 valandas, skaičiuojant nuo to momento, kai spiečių priėmė svetimas asmuo arba kai spiečius apsistojo svetimo asmens žemėje.

4. Jeigu bičių spiečius atskrenda į kito bitininko avilį pas jame esančias bites, atskridusių bičių savininkas praranda nuosavybės teisę į jas.

4.61 straipsnis. Bepriežiūriai ir priklydę naminiai gyvūnai 1. Asmuo, sulaikęs bepriežiūrį ar priklydusį naminį gyvūną, privalo tuojau pranešti apie tai

gyvūno savininkui ir grąžinti jam gyvūną arba, jei jam nežinomas gyvūno savininkas ar jo adresas, per tris dienas pranešti apie gyvūno sulaikymą policijai ar savivaldybės institucijai.

2. Policija ar savivaldybės institucija imasi priemonių naminio gyvūno savininkui surasti ir, laikydamosi veterinarijos taisyklių, ieškojimo laiku perduoda gyvūną išlaikyti bei naudotis sulaikiusiam asmeniui arba perduoda jį išlaikyti ir naudotis artimiausiam žemės ūkio veikla užsiimančiam ir tinkamai gyvūną išlaikyti galinčiam asmeniui, jei sulaikęs naminį gyvūną asmuo neužsiima žemės ūkio veikla arba neturi sąlygų gyvūną tinkamai išlaikyti.

3. Jeigu bepriežiūrių ir priklydusių darbinių gyvulių bei galvijų (ir jų prieauglio) savininkas paaiškėja per vieną mėnesį, o smulkiųjų gyvūnų (ir jų prieauglio) – per dvi savaites nuo jų perdavimo išlaikyti ir naudotis dienos, gyvūnas grąžinamas savininkui. Šis privalo atlyginti išlaikiusiam gyvūną asmeniui visas išlaikymo išlaidas, įskaitant naudą, gautą iš naudojimosi juo.

4. Jeigu per nurodytą laiką gyvūno savininkas nepaaiškėjo, jis netenka nuosavybės teisės į tą gyvūną. Šiuo atveju gyvūnas neatlygintinai tenka jį išlaikiusio asmens nuosavybėn.

4.62 straipsnis. Radinys 1. Radiniu laikomas pamestas daiktas, kurio savininkas nežinomas. 2. Radęs pamestą daiktą asmuo privalo grąžinti jį pametusiajam, jeigu jis yra žinomas.

Jeigu toks asmuo nežinomas, pamestą daiktą radęs asmuo privalo per savaitę nuo radimo dienos pranešti apie radinį policijai ir jai perduoti radinį, jeigu pats negali arba nenori jo saugoti.

3. Daiktą radęs asmuo ar policija perduotą rastąjį daiktą privalo saugoti šešis mėnesius. Saugojimo metu radiniu negalima naudotis. Jeigu per tą laiką paaiškėja daiktą pametęs asmuo, daiktas jam grąžinamas, bet prieš tai jis turi atlyginti daikto išlaikymo ir kitas su radiniu susijusias išlaidas. Jeigu pametęs daiktą asmuo per nurodytą laiką nepaaiškėja, daiktas neatlygintinai pereina radusiojo nuosavybėn su sąlyga, kad šis sutinka atlyginti daikto išlaikymo ir kitas su radiniu susijusias išlaidas, jei radinį saugojo ne jis. Jeigu radęs asmuo nesutinka kompensuoti tokių išlaidų, radinys neatlygintinai perduodamas valstybės nuosavybėn, o šiam asmeniui atlyginamos su radiniu susiję turėtos išlaidos.

4. Teisės aktai gali numatyti kitokią radinių teisinio reglamentavimo tvarką.

4.63 straipsnis. Greitai gendantys bešeimininkiai ir rasti daiktai 1. Jeigu bešeimininkis ir rastas daiktas dėl ilgo laikymo gali sugesti ar prarasti dalį vertės,

tai policija, finansų, kontrolės ar savivaldybės institucija privalo imtis priemonių, kad daiktas, esant galimybei, būtų parduotas, o už jį gauti pinigai išsaugoti pametusiam ar kitaip praradusiam daiktą asmeniui. Jeigu nėra galimybės daiktą parduoti, jis sunaikinamas.

2. Jeigu daikto savininkas paaiškėja po to, kai daiktas jau buvo parduotas, savininkui grąžinami už daiktą gauti pinigai, išskaičiavus sumą, panaudotą radiniui išlaikyti, parduoti ir paskelbti apie radimą.

3. Jeigu bešeimininkio daikto savininkas nepaaiškėja per šio kodekso 4.58 straipsnio 1 dalyje nustatytą terminą, už parduotą daiktą gauti pinigai pervedami į valstybės biudžetą teisės aktų nustatyta tvarka.

4. Jeigu asmuo, pametęs daiktą, kuris buvo parduotas kaip greitai gendantis, nepaaiškėja per šešis mėnesius nuo daikto radimo dienos, už parduotą daiktą gauti pinigai perduodami nuosavybėn radusiam asmeniui, išskaičiavus sumą, panaudotą radiniui išlaikyti, parduoti ir paskelbti apie radimą.

4.64 straipsnis. Atlyginimas už daikto radimą 1. Asmuo, radęs daiktą ir grąžinęs jį pametusiam asmeniui arba nustatyta tvarka perdavęs

jį policijai, turi teisę gauti iš pametusio daiktą asmens išlaidų daiktui saugoti ir perduoti atlyginimą

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ir užmokestį už radimą. Pametęs daiktą asmuo privalo užmokėti už radimą radusiam daiktą asmeniui penkių procentų rastojo daikto vertės dydžio užmokestį, jeigu daiktą pametęs asmuo nebuvo viešai pažadėjęs didesnės sumos arba jeigu nesusitarė su radusiuoju asmeniu dėl didesnio atlyginimo.

2. Užmokestis už daikto radimą negali būti mokamas, jeigu radęs daiktą asmuo nustatytu laiku ir tvarka nepranešė apie radinį ar klausiamas nuslėpė patį radimo faktą.

4.65 straipsnis. Lobis 1. Lobis – tai žemėje užkasti ar kitaip paslėpti pinigai arba vertingi daiktai, kurių

savininkas negali būti nustatytas dažniausiai dėl to, kad praėjo daug laiko nuo jų užkasimo. 2. Nuosavoje žemėje ar kitame nuosavybės teise radusiam asmeniui priklausančiame

daikte rastas lobis tampa jį radusio asmens nuosavybe. 3. Svetimoje žemėje ar kitame svetimame daikte ieškoti lobio draudžiama. Pažeidęs šią

nuostatą asmuo negauna jokios rasto lobio dalies, ir visas rastas lobis tenka žemės ar kito daikto, kuriame buvo rastas lobis, savininkui.

4. Asmuo, kuris rado lobį svetimoje žemėje ar kitame svetimame daikte atsitiktinai arba turėdamas savininko leidimą ieškoti lobio, gauna vieną ketvirtadalį lobio, o kiti trys ketvirtadaliai tenka žemės ar kito daikto, kuriame buvo rastas lobis, savininkui, jeigu jie nesusitarė kitaip. Susitarimas turi būti rašytinis.

5. Jeigu vertybių kasimas arba ieškojimas priklausė tarnybinėms lobį radusio asmens pareigoms, šis asmuo neįgyja nuosavybės teisės į rastą lobį ar jo dalį.

6. Jeigu istorinę, kultūrinę ar archeologinę vertę turintis lobis yra paimamas pagal įstatymą visuomenės poreikiams, asmenims, turintiems teisę pagal šį straipsnį įgyti nuosavybėn lobį ar jo dalį sudarančius daiktus, turi būti teisingai atlyginama.

4.66 straipsnis. Netinkamas kultūros vertybių laikymas 1. Jeigu asmuo netinkamai laiko jam nuosavybės teise priklausančius daiktus, turinčius

visuomenei didelę istorinę, meninę ar kitokią vertę, tai valstybės institucija, į kurios uždavinius įeina tokios rūšies daiktų apsauga, įspėja savininką, kad jis nustotų netinkamai laikyti daiktus. Jeigu savininkas šio reikalavimo neįvykdo, tai pagal atitinkamos institucijos ieškinį teismas gali šiuos daiktus iš savininko paimti. Paimti daiktai pereina valstybės nuosavybėn. Asmeniui atlyginama paimtų daiktų vertė, kurios dydis nustatomas buvusio savininko susitarimu su atitinkama institucija, o esant ginčui jį nustato teismas.

2. Kai yra neatidėliotinas reikalas, ieškinys dėl nurodytų daiktų paėmimo gali būti pareiškiamas be išankstinio įspėjimo.

4.67 straipsnis. Daikto paėmimas Valstybei paimti daiktą iš savininko visuomenės poreikiams teisingai atlyginant, taip pat

valstybei neatlygintinai paimti daiktą, kaip sankciją už teisės pažeidimą, leidžiama tik įstatymų numatytais atvejais ir tvarka.

TREČIASIS SKIRSNIS ĮGYJAMOJI SENATIS

4.68 straipsnis. Įgyjamosios senaties samprata 1. Fizinis ar juridinis asmuo, kuris nėra daikto savininkas, bet yra sąžiningai įgijęs daiktą

bei sąžiningai, teisėtai, atvirai, nepertraukiamai ir kaip savą valdęs nekilnojamąjį daiktą ne mažiau kaip dešimt metų arba kilnojamąjį daiktą ne mažiau kaip trejus metus, kai per visą valdymo laikotarpį daikto savininkas turėjo teisinę galimybę įgyvendinti savo teisę į daiktą, bet nė karto nepasinaudojo ja, įgyja nuosavybės teisę į tą daiktą.

2. Nuosavybės teisės įgijimo pagal įgyjamąją senatį faktas nustatomas teismo tvarka.

4.69 straipsnis. Įgyjamąja senatimi nuosavybėn įgyjami daiktai 1. Įgyjamąja senatimi nuosavybėn gali būti įgyjami tik tie daiktai, kurie gali būti privačios

nuosavybės teisės objektais.

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2. Įgyjamąja senatimi nuosavybės teisė negali būti įgyjama į slaptai arba per prievartą užvaldytą daiktą, nepaisant, ar nuosavybės teisę į tą daiktą minėtu būdu pretenduoja įgyti pats slaptai, ar per prievartą daiktą užvaldęs asmuo ar kitas asmuo.

3. Įgyjamąja senatimi negali būti įgyjama nuosavybės teisė į valstybei ar savivaldybei priklausančius daiktus bei į kito asmens (ne valdytojo) vardu registruotus daiktus.

4.70 straipsnis. Sąžiningai įgytas ir valdomas daiktas 1. Asmuo, įgyjantis daiktą nuosavybėn įgyjamąja senatimi, turi būti ne tik sąžiningas to

daikto įgijėjas, t. y. užvaldydamas daiktą turėjo būti pagrįstai įsitikinęs, kad niekas neturi daugiau už jį teisių į užvaldomą daiktą, bet taip pat jis privalo išlikti sąžiningas valdytojas visą įgyjamosios senaties laiką ir net įgydamas daiktą nuosavybėn įgyjamąja senatimi neturi žinoti apie kliūtis, trukdančias įgyti jam tą daiktą nuosavybėn, jeigu tokių kliūčių būtų.

2. Daikto dalies ar kelių dalių nesąžiningas įgijimas ar valdymas netrukdo valdytojui įgyjamąja senatimi nuosavybėn įgyti kitas sąžiningai įgytas ir valdomas daikto dalis.

3. Jeigu valdymo teisė įgyjama per atstovą, tai sąžiningumo reikalaujama ir iš atstovo, ir iš atstovaujamojo.

4.71 straipsnis. Nepertraukiamas daikto valdymas 1. Daikto valdymas laikomas nepertraukiamu, kai asmuo daiktą nepertraukiamai valdė nuo

valdymo teisės į daiktą įgijimo iki nuosavybės teisės į tą daiktą įgijimo įgyjamąja senatimi. 2. Jeigu per įgyjamosios senaties laiką daikto valdymas vienam iš kito perėjo keliems

asmenims ir kiekvieno iš jų valdymas atitiko šio kodekso 4.68 straipsnyje nustatytus reikalavimus, tai tų asmenų valdymo laikas skaičiuojamas kartu.

3. Įgyjamosios senaties nenutraukia daikto valdymo praradimas be valdytojo valios, jeigu per metus laiko daikto valdymas buvo susigrąžintas.

4. Jeigu daikto, kuriam skaičiuojamas įgyjamosios senaties terminas, savininkas neturėjo teisinės galimybės įgyvendinti savo teisę į daiktą, tai įgyjamosios senaties termino skaičiavimas sustabdomas laikui, kol yra kliūtis.

KETVIRTASIS SKIRSNIS BENDROSIOS NUOSAVYBĖS TEISĖ

4.72 straipsnis. Bendrosios nuosavybės teisės samprata ir subjektai 1. Bendrosios nuosavybės teisė yra dviejų ar kelių savininkų teisė valdyti, naudoti jiems

priklausantį nuosavybės teisės objektą bei juo disponuoti. 2. Bendraturčiu gali būti kiekvienas asmuo, galintis būti nuosavybės teisinių santykių

subjektu.

4.73 straipsnis. Bendrosios nuosavybės teisės rūšys 1. Bendrosios dalinės nuosavybės teisė yra, kai bendrosios nuosavybės teisėje nustatytos

kiekvieno savininko nuosavybės teisės dalys, o bendroji jungtinė nuosavybės teisė – kai nuosavybės teisės dalys nėra nustatytos.

2. Bendrosios nuosavybės teisė laikoma daline, jeigu įstatymai nenustato ko kita. 3. Jeigu bendrosios dalinės nuosavybės teisės konkretus kiekvieno bendraturčio dalių

dydis nenustatytas, tai preziumuojama, kad jų dalys yra lygios.

4.74 straipsnis. Bendrosios nuosavybės teisės objektai Bendrosios nuosavybės teisės objektu gali būti kiekvienas daiktas ir kitas turtas, jeigu

įstatymai nenustato ko kita.

4.75 straipsnis. Bendrosios nuosavybės teisės įgyvendinimas 1. Bendrosios dalinės nuosavybės teisės objektas valdomas, juo naudojamasi ir

disponuojama bendraturčių sutarimu. Kai yra nesutarimas, valdymo, naudojimosi ir disponavimo tvarka nustatoma teismo tvarka pagal bet kurio iš bendraturčių ieškinį. Kol ginčas bus išspręstas, teismas ginčo objektui gali skirti administratorių.

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2. Jeigu bendrosios dalinės nuosavybės teisės objektą tiesiogiai valdė, naudojo ir juo disponavo ne visi bendraturčiai, tai kiti bendraturčiai turi teisę gauti iš šių ataskaitą kasmet arba iš karto po to, kai jie nustojo bendrosios dalinės nuosavybės teisės objektą tiesiogiai valdyti, naudoti bei juo disponuoti.

4.76 straipsnis. Bendraturčių teisės ir pareigos naudojantis bendrąja daline nuosavybe ir ją išlaikant

Kiekvienas iš bendraturčių proporcingai savo daliai turi teisę į bendro daikto (turto) duodamas pajamas, atsako tretiesiems asmenims pagal prievoles, susijusias su bendru daiktu (turtu), taip pat privalo apmokėti išlaidas jam išlaikyti ir išsaugoti, mokesčiams, rinkliavoms ir kitoms įmokoms. Jeigu vienas iš bendraturčių nevykdo savo pareigos tvarkyti ir išlaikyti bendrą daiktą (turtą), tai kiti bendraturčiai turi teisę į nuostolių, kuriuos jie turėjo, atlyginimą.

4.77 straipsnis. Bendraturčių teisių pasikeitimas padidinus bendrąją dalinę nuosavybę

1. Jeigu bendraturtis, turėdamas kitų bendraturčių sutikimą ir laikydamasis įstatymų nustatytų taisyklių, savo lėšomis padidina bendrąjį daiktą ar jo vertę, tai šio bendraturčio reikalavimu jo dalis bendrojoje dalinėje nuosavybėje ir naudojimosi bendruoju daiktu tvarka turi būti atitinkamai pakeičiamos.

2. Jeigu bendraturtis padidina bendrąjį daiktą ar jo vertę neturėdamas kitų bendraturčių sutikimo, jis įgyja nuosavybės teisę į tą padidintą dalį, jeigu ją galima atskirti nesužalojant bendro daikto. Jeigu padidintos daikto ar jo vertės dalies negalima atskirti nesužalojant bendro daikto, tai visų bendraturčių dalys padidėja proporcingai jų bendrosios nuosavybės teise turimoms dalims.

4.78 straipsnis. Bendraturčio teisė perleisti ar suvaržyti teises į bendrosios dalinės nuosavybės teise turimą savo dalį

Kiekvienas bendraturtis turi teisę perleisti kitam asmeniui nuosavybėn, išnuomoti ar kitu būdu perduoti naudotis, įkeisti ar kitaip suvaržyti visą savo dalį ar dalies, turimos bendrosios dalinės nuosavybės teise, dalį, išskyrus šiame kodekse nustatytas išimtis.

4.79 straipsnis. Pirmenybės teisė pirkti parduodamas dalis, esančias bendrąja nuosavybe

1. Bendraturčiai turi pirmenybės teisę pirkti bendrąja nuosavybe esančią parduodamą dalį ta kaina, kuria ji parduodama, ir kitomis tomis pačiomis sąlygomis, išskyrus atvejus, kai parduodama iš viešųjų varžytynių.

2. Dalies, esančios bendrąja nuosavybe, pardavėjas privalo raštu pranešti kitiems bendraturčiams apie ketinimą parduoti savo dalį ne bendraturčiui ir kartu nurodyti kainą bei kitas sąlygas, kuriomis ją parduoda. Kai parduodama dalis nekilnojamojo daikto, į kurį turima bendrosios nuosavybės teisė, apie tai pranešama per notarą. Kai kiti bendraturčiai atsisako pasinaudoti savo pirmenybės teise pirkti arba šios teisės į nekilnojamąjį daiktą neįgyvendina per vieną mėnesį, o į kitą daiktą – per dešimt dienų nuo pranešimo gavimo dienos, jeigu bendraturčių susitarimu nenustatyta kitaip, tai pardavėjas turi teisę parduoti savo dalį bet kuriam asmeniui.

3. Jeigu dalis parduota pažeidžiant pirmenybės teisę ją pirkti, kitas bendraturtis turi teisę per tris mėnesius teismo tvarka reikalauti, kad jam būtų perkeltos pirkėjo teisės ir pareigos.

4. Bendrosios nuosavybės dalies pardavėjas ir pirkėjas yra solidariai atsakingi už atsiradusių iki šio daikto dalies pardavimo prievolių, susijusių su parduodamo daikto dalimi, įvykdymą kitiems bendraturčiams.

4.80 straipsnis. Atidalijimas iš bendrosios dalinės nuosavybės 1. Kiekvienas bendraturtis turi teisę reikalauti atidalyti jo dalį iš bendrosios dalinės

nuosavybės. 2. Jeigu nesusitariama dėl atidalijimo būdo, tai pagal bet kurio bendraturčio ieškinį daiktas

padalijamas natūra kiek galima be neproporcingos žalos jo paskirčiai; kitais atvejais vienas ar keli iš atidalijamų bendraturčių gauna kompensaciją pinigais.

3. Bendraturčio kreditorius turi teisę reikalauti atidalyti skolininko dalį, kad būtų galima iš jos išieškoti.

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4. Jeigu vienas iš bendraturčių yra neveiksnus ar nepilnametis, atidalijant dalį iš bendrosios dalinės nuosavybės turi dalyvauti globos (rūpybos) institucija.

4.81 straipsnis. Naudojimosi namais, butais ar kitais nekilnojamaisiais daiktais, kurie yra bendroji dalinė nuosavybė, tvarka

1. Namo, buto ar kito nekilnojamojo daikto bendraturčiai turi teisę tarpusavio susitarimu nustatyti tvarką, pagal kurią bus naudojamasi atskiromis izoliuotomis to namo, buto patalpomis ar kito nekilnojamojo daikto konkrečiomis dalimis, atsižvelgdami į savo dalį, turimą bendrosios dalinės nuosavybės teise.

2. Jeigu šiame straipsnyje nurodytas susitarimas yra notariškai patvirtintas ir įregistruotas viešame registre, tai jis yra privalomas ir tam asmeniui, kuris vėliau įgyja dalį to namo, buto ar kito nekilnojamojo daikto bendrosios nuosavybės teisėmis.

4.82 straipsnis. Butų ir kitų patalpų savininkų bendrosios dalinės nuosavybės teisė 1. Butų ir kitų patalpų savininkams bendrosios dalinės nuosavybės teise priklauso namo

bendro naudojimo patalpos, pagrindinės namo konstrukcijos, bendrojo naudojimo mechaninė, elektros, sanitarinė–techninė ir kitokia įranga.

2. Namo, buto ar kitos patalpos savininkas neturi teisės perduoti bendrosios dalinės nuosavybės, numatytos šio straipsnio 1 dalyje, savo dalies, taip pat atlikti kitų veiksmų, dėl kurių ta dalis perduodama atskirai nuo nuosavybės teisės į butą ar kitą patalpą, išskyrus atvejus, kai perduodama bendrąja daline nuosavybe esančio daikto, kuris gali būti ar, jį pertvarkius, galės būti naudojamas kaip atskiras daiktas ir toks jo naudojimas netrukdys naudoti butų ar kitų patalpų pagal paskirtį, dalis.

3. Butų ir kitų patalpų savininkai privalo proporcingai savo daliai apmokėti išlaidas namui išlaikyti ir išsaugoti, mokėti mokesčius, rinkliavas ir kitas įmokas, taip pat reguliariai daryti atskaitymus kaupti lėšas, kurios bus skiriamos namui atnaujinti.

4. Šio kodekso 4.79 straipsnyje nustatytos taisyklės taikomos ir tais atvejais, kai kitiems asmenims butų ir kitų patalpų, esančių namuose, savininkai parduoda bendrąja daline nuosavybe (palėpės, rūsio patalpos ir pan.) turimą visą ar ne visą dalį, priklausančią proporcingai jų turimai nuosavybės teise patalpai. Jeigu parduodama dalis bendrosios nuosavybės teise turimo daikto, kuris yra ar gali būti naudojamas tenkinant ne viso namo, o tik atskiroje jo dalyje (laiptinė ir pan.) esančių patalpų savininkų poreikius, nepažeidžiant name esančių patalpų savininkų teisių, tai apie dalies, turimos bendrosios nuosavybės teise, pardavimą turi būti pranešta toje namo dalyje esančių patalpų savininkams ir tik jiems leidžiama pasinaudoti pirmenybės teise ją pirkti.

5. Buto ir kitų patalpų savininkui priklausanti bendrosios dalinės nuosavybės dalis yra lygi jam nuosavybės teise priklausančių patalpų naudingojo ploto ir gyvenamojo namo naudingojo ploto santykiui.

4.83 straipsnis. Butų ir kitų patalpų savininkų teisės ir pareigos naudojantis bendrąja daline nuosavybe

1. Buto ir kitų patalpų savininkas (naudotojas) turi teisę naudotis gyvenamojo namo bendrojo naudojimo objektais pagal jų funkcinę paskirtį, nepažeisdamas kitų patalpų savininkų (naudotojų) teisių ir teisėtų interesų.

2. Buto ir kitų patalpų savininkas (naudotojas) taip pat turi teisę: 1) imtis būtinų priemonių be kitų savininkų (naudotojų) sutikimo, kad būtų išvengta žalos

ar pašalinta grėsmė bendrojo naudojimo objektams, ir reikalauti iš kitų buto ir kitų patalpų savininkų atlyginti išlaidas, proporcingas šių savininkų bendrosios dalinės nuosavybės daliai;

2) reikalauti iš kitų butų ir kitų patalpų savininkų (naudotojų), kad gyvenamojo namo bendrojo naudojimo objektų valdymas ir naudojimas atitiktų bendrąsias buto ir kitų patalpų savininkų (naudotojų) teises ir teisėtus interesus. Teisėtais buto ir kitų patalpų savininkų (naudotojų) interesais laikoma gyvenamojo namo vidaus tvarkos taisyklių nustatymas, tinkama bendrojo naudojimo objektų priežiūra ir išlaikymas, gyvenamojo namo priežiūros ūkinio ir finansinio plano parengimas, lėšų kaupimas bendrojo naudojimo objektams atnaujinti.

3. Buto ir kitų patalpų savininkai (naudotojai) bendrojo naudojimo objektus privalo valdyti, tinkamai prižiūrėti, remontuoti ar kitaip tvarkyti. Daugiabučio namo bendrojo naudojimo

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objektams valdyti butų ir kitų patalpų savininkai steigia butų ir kitų patalpų savininkų bendriją arba sudaro jungtinės veiklos sutartį.

4. Buto ir kitų patalpų savininkas (naudotojas) neprivalo apmokėti išlaidų, dėl kurių jis nėra davęs sutikimo ir kurios nesusijusios su įstatymų ir kitų teisės aktų nustatytais privalomaisiais statinių naudojimo ir priežiūros reikalavimais arba dėl kurių nėra priimta administratoriaus ar butų ir kitų patalpų savininkų susirinkimo sprendimo šio kodekso 4.84 ir 4.85 straipsniuose nustatyta tvarka.

5. Buto ir kitų patalpų savininkas (naudotojas) privalo leisti įgaliotiems asmenims remontuoti ar kitaip tvarkyti jo bute ir kitose patalpose esančią bendrojo naudojimo mechaninę, elektros, techninę ir kitokią įrangą.

6. Butų ir kitų patalpų savininkai turi teisę į bendrojo naudojimo objektų duodamas pajamas proporcingai jų daliai bendrojoje dalinėje nuosavybėje.

4.84 straipsnis. Butų ir kitų patalpų savininkų bendrosios dalinės nuosavybės administravimas, kai šie savininkai neįsteigę bendrijos arba nesudarę jungtinės veiklos sutarties

1. Jeigu butų ir kitų patalpų savininkai neįsteigia gyvenamojo namo butų ir kitų patalpų savininkų bendrijos arba nesudaro jungtinės veiklos sutarties, taip pat jei bendrija likviduota arba nutraukta jungtinės veiklos sutartis, skiriamas bendrojo naudojimo objektų administratorius.

2. Administratorių skiria savivaldybės meras (valdyba) arba jo (jos) įgaliotas atstovas. Administratorius administruoja turtą šio kodekso 4.240 straipsnio pagrindu.

3. Administratorius veikia pagal savivaldybės mero (valdybos) patvirtintus nuostatus. Pavyzdinius butų ir kitų patalpų bendrosios nuosavybės administravimo nuostatus tvirtina Vyriausybė arba jos įgaliota institucija.

4. Administravimo išlaidas apmoka butų ir kitų patalpų savininkai proporcingai jų daliai bendrojoje dalinėje nuosavybėje.

5. Administravimas pasibaigia šio kodekso 4.250 straipsnyje nustatytais pagrindais, taip pat įregistravus gyvenamojo namo butų ir kitų patalpų savininkų bendrijos įstatus arba sudarius jungtinės veiklos sutartį.

6. Administratoriaus veiklai mutatis mutandis taikomos šios knygos XIV skyriaus normos.

4.85 straipsnis. Butų ir kitų patalpų savininkų bendrosios dalinės nuosavybės teisės įgyvendinimas

1. Sprendimai dėl bendrojo naudojimo objektų valdymo ir naudojimo priimami butų ir kitų patalpų savininkų balsų dauguma, jeigu butų ir kitų patalpų savininkų bendrijos įstatuose ar jungtinės veiklos sutartyje nenumatyta kitaip. Kiekvieno buto ir kitų patalpų savininkas turi vieną balsą. Jeigu butas ir kitos patalpos nuosavybės teise priklauso keliems savininkams, jiems jų susitarimu atstovauja vienas asmuo, kuris turi vieną balsą.

2. Butų ir kitų patalpų savininkų sprendimai priimami butų ir kitų patalpų savininkų susirinkime, prieš dvi savaites viešai paskelbus jo darbotvarkę.

3. Butų ir kitų patalpų savininkų susirinkimus šaukia gyvenamojo namo butų ir kitų patalpų savininkų bendrijos valdyba (bendrijos pirmininkas) arba butų ir kitų patalpų savininkų jungtinės veiklos sutarties dalyvių įgaliotas asmuo, arba butų ir kitų patalpų savininkų bendrosios dalinės nuosavybės administratorius.

4. Butų ir kitų patalpų savininkų sprendimai skelbiami viešai ir galioja visiems butų ir kitų patalpų savininkams, taip pat tiems savininkams, kurie įgijo nuosavybės teises į butus ir kitas patalpas po šių sprendimų priėmimo. Sprendimai negali apriboti butų ir kitų patalpų savininkų bei trečiųjų asmenų teisių ir teisėtų interesų, išskyrus šio kodekso ir kitų įstatymų nustatytus atvejus.

5. Butų ir kitų patalpų savininkų sprendimai gali būti priimti ir nesušaukus susirinkimo, bet jiems raštu pareiškus apie savo sprendimą. Balsavimo raštu tvarką nustato Vyriausybė ar jos įgaliota institucija.

4.86 straipsnis. Bendraturčių teisės ir pareigos naudojantis bendrąja jungtine nuosavybe ir ją išlaikant

1. Bendraturčiai turi vienodas teises į bendro daikto (turto) duodamas pajamas, atsako tretiesiems asmenims pagal prievoles, susijusias su bendru daiktu (turtu), taip pat privalo solidariai

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apmokėti išlaidas jam išlaikyti ir išsaugoti, mokesčiams, rinkliavoms ir kitoms įmokoms, jeigu jie nėra susitarę kitaip ar įstatymai nenustato ko kita.

2. Bendrosios jungtinės nuosavybės teisė gali atsirasti tik įstatymų numatytais atvejais.

4.87 straipsnis. Bendraturčių teisių pasikeitimas padidinus bendrąją jungtinę nuosavybę

Jeigu bendraturtis, laikydamasis įstatymų nustatytų taisyklių, padidina bendrąjį daiktą ar jo vertę, tai į padidintą daiktą ar jo vertę bendrosios jungtinės nuosavybės teises įgyja lygiai visi bendraturčiai.

4.88 straipsnis. Bendraturčio teisė perleisti ar suvaržyti teisę į bendrosios jungtinės nuosavybės teise turimą savo dalį

1. Daiktas (turtas), esantis bendrosios jungtinės nuosavybės teisės objektu, valdomas, naudojamas bei juo disponuojama tik esant bendraturčių sutikimui.

2. Bendraturčių sutikimas būtinas nekilnojamajam daiktui perleisti kito asmens nuosavybėn, išnuomoti ar perduoti naudotis kitokiu būdu, įkeisti ar kitaip suvaržyti teisę į daiktą. Jeigu bendraturtis yra nepilnametis, sutikimą už jį gali duoti tėvai, globėjai ar rūpintojai.

3. Bendraturtis neturi teisės perleisti kito asmens nuosavybėn bendrosios jungtinės nuosavybės teise turimos savo dalies, kol ši dalis nebus nustatyta konkrečiame bendrame daikte (turte), išskyrus atvejus, kai daiktas (turtas) paveldimas, ir kitus įstatymų numatytus atvejus.

4.89 straipsnis. Bendraturčio dalies nustatymas bendrojoje jungtinėje nuosavybėje 1. Bendraturčio dalis bendrojoje jungtinėje nuosavybėje nustatoma paties bendraturčio

reikalavimu arba pasibaigus bendrosios jungtinės nuosavybės teisiniams santykiams, arba kai išieškoma iš bendraturčio turto pagal asmenines jo prievoles, jeigu kito jo turimo turto, išskyrus daiktus, turimus bendrąja jungtine nuosavybe, neužtenka, kad būtų patenkinti kreditorių reikalavimai.

2. Bendraturčio dalies bendrojoje jungtinėje nuosavybėje dydis nustatomas bendraturčių susitarimu. Jeigu jie nesusitaria, sprendžia teismas.

4.90 straipsnis. Atidalijimas iš bendrosios jungtinės nuosavybės 1. Kiekvienas bendraturtis turi teisę reikalauti atidalyti jo dalį iš bendrosios jungtinės

nuosavybės. 2. Jeigu nesusitariama dėl atidalijimo būdo, tai pagal atsidalijančio bendraturčio ieškinį

daiktas padalijamas natūra, kiek galima be neproporcingos žalos jo paskirčiai; priešingu atveju atsidalijantis bendraturtis gauna kompensaciją pinigais.

3. Bendraturčio kreditorius turi teisę pareikšti ieškinį dėl skolininko atidalijimo ir išieškojimo jo dalies.

4.91 straipsnis. Išieškojimas iš bendrosios jungtinės nuosavybės 1. Pagal vieno bendraturčio sudaromus sandorius išieškoti galima iš visos bendrosios

jungtinės nuosavybės, jeigu aplinkybės nerodo, kad sandoris sudarytas asmeniniais paties sudariusiojo sandorį bendraturčio interesais, ir jeigu įstatymai nenustato ko kita.

2. Dėl bendraturčio nusikaltimo padarytai žalai atlyginti išieškoti galima iš bendrosios jungtinės nuosavybės, jeigu teismo nuosprendžiu nustatyta, kad bendrosios jungtinės nuosavybės teisės objektu esantis daiktas įgytas iš nusikalstamu būdu gautų lėšų arba jis ar jo vertė padidėjo dėl šių lėšų.

4.92 straipsnis. Sutuoktinių bendrosios jungtinės nuosavybės teisė 1. Sutuoktinių bendrosios jungtinės nuosavybės teisę į bendrąją nuosavybę nustato šio

kodekso trečiosios knygos normos. 2. Bendrosios jungtinės nuosavybės teise sutuoktiniams, jei jų nesusitarta ar šio kodekso

trečiosios knygos normos nenustato ko kita, priklauso ir iš bendrų sutuoktinių lėšų įgyti ūkininko ūkio daiktai.

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PENKTASIS SKIRSNIS SAVININKO TEISIŲ APSAUGA IR GYNIMAS

4.93 straipsnis. Savininko teisių apsauga 1. Lietuvos Respublika garantuoja visiems savininkams vienodą teisių apsaugą. 2. Niekas neturi teisės: 1) paimti iš savininko nuosavybę prievarta, išskyrus įstatymų numatytus atvejus; 2) reikalauti, kad savininkas prieš savo valią sujungtų savo nuosavybę su kito savininko

nuosavybe. 3. Nuosavybė iš savininko prieš jo valią neatlygintinai gali būti paimta tik teismo

sprendimu ar nuosprendžiu. 4. Nuosavybė visuomenės poreikiams gali būti paimama tik teisingai atlyginant.

4.94 straipsnis. Laikinas pasinaudojimas daiktu prieš savininko valią 1. Visuomenės poreikiams įstatymų numatytais atvejais leidžiama laikinai pasinaudoti

daiktu prieš savininko valią. 2. Savininkui turi būti atlygintos išlaidos bei žala, kurios atsirado laikinai naudojantis

daiktu šio straipsnio 1 dalyje numatytais atvejais.

4.95 straipsnis. Savininko teisė išreikalauti savo daiktą iš svetimo neteisėto valdymo Savininkas turi teisę išreikalauti savo daiktą iš svetimo neteisėto valdymo.

4.96 straipsnis. Daikto išreikalavimas iš sąžiningo įgijėjo 1. Jeigu kilnojamasis daiktas atlygintinai įgytas iš asmens, kuris neturėjo teisės jo perleisti

nuosavybėn, ir įgijėjas to nežinojo ir neturėjo žinoti (sąžiningas įgijėjas), tai savininkas turi teisę išreikalauti šį daiktą iš įgijėjo tik tuo atveju, kai daiktas yra savininko ar asmens, kuriam savininkas buvo perdavęs jį valdyti, pamestas, arba iš kurio nors iš jų pagrobtas, arba kitaip be jų valios nustojo būti jų valdomas. Šiuos reikalavimus savininkas gali pareikšti per trejus metus nuo daikto praradimo momento.

2. Iš sąžiningo įgijėjo negali būti išreikalautas nekilnojamasis daiktas, išskyrus atvejus, kai savininkas tokį daiktą prarado dėl kitų asmenų padaryto nusikaltimo.

3. Jeigu daiktas neatlygintinai įgytas iš asmens, kuris neturėjo teisės jo perleisti nuosavybėn, tai savininkas turi teisę išreikalauti daiktą visais atvejais. Ši taisyklė taikoma ir kilnojamiesiems, ir nekilnojamiesiems daiktams.

4. Šio straipsnio taisyklės netaikomos, kai daiktas parduotas ar kitaip perleistas teismo sprendimams vykdyti nustatyta tvarka.

4.97 straipsnis. Atsiskaitymai grąžinant daiktą iš neteisėto valdymo 1. Savininkas, išreikalaudamas daiktą pagal šio kodekso 4.95 straipsnį, turi teisę reikalauti:

iš asmens, kuris žinojo arba turėjo žinoti, kad jo valdymas neteisėtas (nesąžiningo valdytojo), grąžinti arba atlyginti visas pajamas, kurias tas asmuo gavo arba turėjo gauti per visą valdymo laiką; iš neteisėto sąžiningo valdytojo – visas pajamas, kurias šis gavo arba turėjo gauti nuo to laiko, kai jis sužinojo ar turėjo sužinoti apie valdymo neteisėtumą arba sužinojo apie civilinės bylos dėl daikto grąžinimo iškėlimą.

2. Neteisėtas nesąžiningas valdytojas savo ruožtu turi teisę reikalauti iš savininko atlyginti jo padarytas dėl daikto būtinas išlaidas nuo to laiko, kai savininkui priklauso gautos iš daikto pajamos.

3. Neteisėtas sąžiningas valdytojas turi teisę reikalauti iš savininko atlyginti visas jo padarytas dėl daikto būtinas išlaidas, kurių nepadengė iš daikto gautos pajamos.

4. Neteisėtas sąžiningas valdytojas turi teisę pasilikti savo padarytas dalis, kuriomis buvo pagerintas daiktas, jeigu jos gali būti atskirtos nesužalojant daikto. Jeigu pagerintų dalių atskirti negalima arba daiktas buvo pagerintas kitaip, neteisėtas sąžiningas valdytojas turi teisę reikalauti atlyginti dėl pagerinimo padarytas išlaidas, bet ne didesnes kaip daikto vertės padidėjimas.

4.98 straipsnis. Nuosavybės teisės gynimas nuo pažeidimų, nesusijusių su valdymo netekimu

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Savininkas gali reikalauti pašalinti bet kuriuos jo teisės pažeidimus, nors ir nesusijusius su valdymo netekimu.

4.99 straipsnis. Žemės sklypo savininko teisių gynimas nuo galimų pažeidimų, nesusijusių su valdymo netekimu

Žemės sklypo savininkas turi teisę reikalauti, kad kaimyniniuose žemės sklypuose nebūtų statomi nauji statiniai, perstatomi, rekonstruojami ir netgi išsaugomi nepakeisti esantys statiniai, jeigu galima padaryti įtikinamą prielaidą, kad tokių naujų statinių statymas ar esamų statinių pakeitimas ir netgi nepakeistų egzistavimas ar naudojimas padarys neigiamą neleistiną poveikį jo žemės sklypui ar jo žemės sklype esantys pastatai neteks stabilumo.

4.100 straipsnis. Nuosavybės paėmimas visuomenės poreikiams 1. Paimti daiktą ar kitą turtą, priklausantį asmeniui privačios nuosavybės teise, visuomenės

poreikiams leidžiama tik išimtiniais atvejais ir tik įstatymų nustatyta tvarka. 2. Šio straipsnio 1 dalyje nurodytu atveju daikto (turto) savininkui atlyginama pinigais to

daikto (turto) rinkos kaina, o šalių sutarimu – perduodamas kitas daiktas (turtas). 3. Visus klausimus, susijusius su nuosavybės paėmimo teisėtumu, taip pat ginčus dėl

paimamos nuosavybės vertės ir dėl nuosavybės paėmimo savininkui atsiradusių nuostolių įstatymų nustatyta tvarka sprendžia teismas.

4. Nuosavybės teisė į visuomenės poreikiams paimamą kilnojamąjį daiktą (turtą) valstybei pereina nuo atsiskaitymo su daikto (turto) savininku momento, išskyrus atvejus, kai įstatymai nustato kitaip. Nuosavybės teisė į visuomenės poreikiams paimamą nekilnojamąjį daiktą valstybei pereina nuo nekilnojamojo daikto įregistravimo viešame registre momento, tačiau įregistruoti tokį daiktą kaip valstybės nuosavybę viešame registre galima tik nuo atsiskaitymo su nekilnojamojo daikto savininku momento, išskyrus atvejus, kai įstatymai nustato kitaip. Straipsnio pakeitimai: Nr. XI-1312, 2011-04-12, Žin., 2011, Nr. 49-2367 (2011-04-28)

4.101 straipsnis. Asmenų, kuriems nuosavybės teise priklausantys statiniais užstatyti žemės sklypai paimami visuomenės poreikiams, nuosavybės teisių apsauga

1. Jeigu asmenims nuosavybės teise priklausantis ir statiniais užstatomas ar užstatytas žemės sklypas paimamas visuomenės poreikiams, tai už žemės sklypą, ant jo statomus ar jau pastatytus ir šiems asmenims nuosavybės teise priklausančius statinius, žemės sklype esančius sodinius turi būti atlyginama pinigais rinkos kaina.

2. Žemės sklypo, statinių bei sodinių vertė, paėmimo sąlygos bei dėl žemės sklypo paėmimo savininkui atsiradusių nuostolių dydis nustatomi būsimo žemės naudotojo ir žemės sklypo, statinių bei sodinių savininko sutartimi, jeigu įstatymai nenustato kitaip.

3. Ginčus dėl žemės sklypo, statinių bei sodinių paėmimo, jų vertės ir dėl žemės sklypo paėmimo atveju savininkui atsiradusių nuostolių sprendžia teismas.

4.102 straipsnis. Asmenų, kurių ne nuosavybės teise naudojami statiniams statyti žemės sklypai paimami visuomenės poreikiams, nuosavybės teisių apsauga

1. Jeigu statiniams statyti asmenų ne nuosavybės teise naudojamas žemės sklypas paimamas visuomenės poreikiams, tai už statomus ar jau pastatytus ir tiems asmenims nuosavybės teise priklausančius statinius, taip pat už sodinius turi būti atlyginama pinigais rinkos kaina.

2. Naujasis žemės naudotojas privalo atlyginti statinių bei sodinių savininkui visus nuostolius, atsiradusius dėl žemės sklypo paėmimo, išskyrus nuostolius, kurie atsirado dėl paties statinių bei sodinių savininko neteisėtų veiksmų.

3. Žemės, statinių ar sodinių vertė, paėmimo sąlygos ir dėl žemės sklypo paėmimo atsiradusių nuostolių dydis nustatomi naujojo žemės naudotojo ir statinių savininko sutartimi.

4. Ginčus dėl statinių ar sodinių vertės, paėmimo sąlygų ir dėl žemės sklypo paėmimo atveju atsiradusių nuostolių dydžio sprendžia teismas.

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4.103 straipsnis. Statybos, pažeidžiančios teisės aktų reikalavimus, civilinės teisinės pasekmės

1. Jeigu statinys (jo dalis) yra pastatytas ar statomas savavališkai arba ne savavališkai, tačiau pažeidžiant statinio projekto sprendinius ar teisės aktų reikalavimus, tai tokiu statiniu (jo dalimi) naudotis ar juo disponuoti (parduoti, padovanoti, išnuomoti ar pan.) draudžiama. Koks statinys (jo dalis) yra pastatytas ar statomas savavališkai, nustato įstatymai.

2. Asmenys, kurių teisės ir interesai yra pažeidžiami, ir kiti įstatymų įgalioti asmenys dėl šio straipsnio 1 dalyje nurodytų pažeidimų turi teisę kreiptis į teismą.

3. Teismas statybos, pažeidžiančios teisės aktų reikalavimus, padarinių šalinimo klausimą išsprendžia įstatymų nustatyta tvarka. Straipsnio pakeitimas: Nr. X-858, 2006-10-17, Žin., 2006, Nr. 116-4403 (2006-10-31) Nr. XI-993, 2010-07-02, Žin., 2010, Nr. 84-4402 (2010-07-15)

4.104 straipsnis. Teisės naudotis žemės sklypu praradimo pasekmės 1. Sutartį, kuria asmeniui buvo suteiktas neterminuotai naudotis arba išnuomotas žemės

sklypas, teismine tvarka pripažinus negaliojančia dėl naudotojo ar nuomininko tyčios ar nutraukus dėl tyčinių esminių žemės sklypo naudojimo tvarkos pažeidimų, statomus ar jau pastatytus ir nuosavybės teise priklausančius statinius asmuo gali nusikelti. Jeigu visų arba kai kurių statinių (jų dalių) nukelti neįmanoma, neperkelti objektai nugriaunami arba žemės sklypo savininko ir statinių savininko susitarimu perleidžiami žemės sklypo savininko nuosavybėn, arba žemės sklypo savininko sutikimu perleidžiami trečiajam asmeniui.

2. Ginčus dėl statinių nukėlimo, nugriovimo arba perleidimo žemės sklypo savininko ar trečiojo asmens nuosavybėn sprendžia teismas.

4.105 straipsnis. Teisės į žemės sklypą praradimo pasekmės 1. Asmeniui, teismo tvarka pripažintam praradusiu teisę į žemės sklypą, atlyginama ant šio

žemės sklypo esančių ir jam nuosavybės teise priklausančių statinių vertė, jeigu jam nesuteikiama teisė kitu teisėtu būdu (nustatant žemės servitutą ar pan.) naudotis žemės sklypu.

2. Jeigu sandoris, kurio pagrindu buvo naudojamasi žemės sklypu, teismo tvarka pripažintas negaliojančiu ne dėl statinių savininko kaltės, tai statinių savininkui atlyginama šio kodekso 4.102 straipsnyje nustatyta tvarka ir sąlygomis žemės sklypo savininko lėšomis.

3. Jeigu sandoris, kurio pagrindu buvo naudojamasi žemės sklypu, teismo tvarka pripažintas negaliojančiu dėl statinių savininko kaltės ir jam nesuteikiama teisė kitu teisėtu būdu (nustatant žemės servitutą ar pan.) naudotis žemės sklypu, tai statinius jų savininkas gali nusikelti. Kai nukelti visų arba kai kurių statinių (jų dalių) neįmanoma, žemės sklypo savininko sutikimu neperkelti objektai gali būti perleidžiami trečiajam asmeniui arba žemės sklypo savininko ir statinių savininko susitarimu gali būti perleidžiami žemės sklypo savininkui, arba nugriaunami.

4. Šio straipsnio 3 dalyje numatytu atveju statiniai nukeliami arba nugriaunami jų savininko lėšomis, statybinės medžiagos, likusios tuos statinius nugriovus, yra statinių savininko nuosavybė, o statinių savininkas privalo atlyginti nuostolius, atsiradusius dėl neteisėto žemės sklypo valdymo ir naudojimo.

5. Ginčus dėl statinių nukėlimo, nugriovimo arba perleidimo žemės sklypo savininko ar trečiojo asmens nuosavybėn sprendžia teismas.

VI SKYRIUS TURTO PATIKĖJIMO TEISĖ

4.106 straipsnis. Turto patikėjimo teisės sąvoka ir tikslas 1. Turto patikėjimo teisė – tai patikėtinio teisė patikėtojo nustatyta tvarka ir sąlygomis

valdyti, naudoti perduotą turtą bei juo disponuoti. 2. Patikėjimo teisė nustatoma asmeniniais tikslais, privačiai ar visuomeninei naudai.

4.107 straipsnis. Turto patikėjimo teisės subjektai 1. Turto patikėjimo teisės subjektai (patikėtiniai) Lietuvos Respublikoje yra valstybės ar

savivaldybių įmonės, įstaigos ir organizacijos, taip pat gali būti kiti juridiniai ir fiziniai asmenys.

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2. Patikėtojas ar keli patikėtojai gali skirti vieną ar keletą patikėtinių, nustatyti jų skyrimo ar keitimo tvarką.

4.108 straipsnis. Turto patikėjimo teisės atsiradimo pagrindai Turto patikėjimo teisės atsiradimo pagrindas gali būti: įstatymas, administracinis aktas,

sutartis, testamentas, teismo sprendimas.

4.109 straipsnis. Turto patikėjimo teisės turinys 1. Valstybės ar savivaldybės įmonės, įstaigos, organizacijos valdo, naudoja atitinkamai

valstybės ar savivaldybės joms perduotą turtą, juo disponuoja savo įstatuose (nuostatuose), taip pat valstybės ar savivaldybių įmonių, įstaigų, organizacijų veiklą reglamentuojančiuose norminiuose aktuose nustatyta tvarka bei sąlygomis, nepažeisdamos įstatymų ir kitų asmenų teisių bei interesų.

2. Kiti juridiniai ir fiziniai asmenys valdo, naudoja patikėtojo jiems perduotą turtą bei disponuoja juo tiek, tokia tvarka bei sąlygomis, kaip nustatyta turto perdavimo patikėjimo teise sutartyje, testamente, teismo sprendime ar įstatyme.

4.110 straipsnis. Turto patikėjimo teisės gynimas Turto patikėjimo teisės subjektas, gindamas turimą turtą, turi teises, nustatytas šio kodekso

4.95–4.99 straipsniuose.

VII SKYRIUS SERVITUTAS

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

4.111 straipsnis. Servituto sąvoka 1. Servitutas – tai teisė į svetimą nekilnojamąjį daiktą, suteikiama naudotis tuo svetimu

daiktu (tarnaujančiuoju daiktu), arba to daikto savininko teisės naudotis daiktu apribojimas, siekiant užtikrinti daikto, dėl kurio nustatomas servitutas (viešpataujančiojo daikto), tinkamą naudojimą.

2. Pasikeitus tarnaujančiojo ar viešpataujančiojo daikto nuosavybės teisės subjektui, nustatytas servitutas išlieka.

4.112 straipsnis. Servituto turinys 1. Servitutu suteikiamos servituto turėtojui konkrečios naudojimosi konkrečiu svetimu

daiktu teisės arba atimamos iš tarnaujančiojo daikto savininko konkrečios naudojimosi daiktu teisės.

2. Kilus abejonių dėl servituto turinio ir nesant galimybių tiksliai jį nustatyti, laikoma, kad servitutas yra mažiausias.

3. Jeigu nustatant servitutą ar vėliau nebuvo konkrečiai nustatytas servituto turinys, jį sąlygoja viešpataujančiojo daikto naudojimo pagal paskirtį poreikiai.

4. Servituto nustatymas neatima iš tarnaujančiojo daikto savininko daikto naudojimo teisių, sudarančių servituto turinį, jeigu šių teisių įgyvendinimas netrukdo nustatytam servitutui.

5. Viešpataujančiojo ar tarnaujančiojo daikto savininkas turi teisę kreiptis į teismą ir prašyti pakeisti servituto turinį ar panaikinti servitutą, jeigu iš esmės pasikeičia aplinkybės ar atsiranda nenumatytų aplinkybių, dėl kurių servituto suteikiamų teisių įgyvendinti tampa neįmanoma ar labai sudėtinga.

4.113 straipsnis. Servituto teisių įgyvendinimas 1. Servituto suteikiamos teisės turi būti įgyvendinamos pagal tikslinę paskirtį, kad būtų

kuo mažiau nepatogumų tarnaujančiojo daikto savininkui. 2. Servituto turėtojas, įgyvendindamas servituto suteikiamas teises, privalo nepažeisti kitų

savininkų teisių. 3. Nustatant servitutą, gali būti nustatyta prievolė statyti statinius, sodinti augalus ar atlikti

kitus darbus, kurie yra būtini servituto teisėms įgyvendinti.

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4.114 straipsnis. Servituto turėtojo pareiga tinkamai išlaikyti tarnaujantįjį daiktą 1. Jeigu norint normaliai naudotis servituto suteiktomis teisėmis yra būtina remontuoti ir

kitaip tinkamai išlaikyti tarnaujantįjį daiktą, servituto turėtojas privalo visa tai atlikti tinkamai ir laiku, jeigu sutartyje nenustatyta kitaip.

2. Tais atvejais, kai servituto turinį sudarančiomis teisėmis naudojasi ir pats tarnaujančiojo daikto savininkas, pareiga tinkamai išlaikyti tarnaujantįjį daiktą tenka abiem subjektams proporcingai naudojimuisi daiktu, jeigu sutartyje nenustatyta kitaip.

4.115 straipsnis. Servituto išlikimas padalijus tarnaujantįjį daiktą Padalijus tarnaujantįjį daiktą, anksčiau nustatytas servitutas lieka galioti visoms

tarnaujančiojo daikto dalims, išskyrus atvejus, kai daikto padalijimo metu servitutas galiojo ar buvo nustatytas tik konkrečiai tarnaujančiojo daikto daliai.

4.116 straipsnis. Servituto išlikimas padalijus viešpataujantįjį daiktą 1. Padalijus viešpataujantįjį daiktą, anksčiau dėl jo nustatytą servitutą išsaugo visos

viešpataujančiojo daikto dalys, išskyrus atvejus, kai daikto padalijimo metu servitutas galiojo ar buvo nustatytas tik konkrečiai viešpataujančiojo daikto daliai.

2. Viešpataujančiojo daikto padalijimu negali būti labiau suvaržytas tarnaujantysis daiktas (kelio servituto atveju visi padalyto viešpataujančiojo daikto savininkai turi naudotis tuo pačiu keliu, kuriam nustatytas servitutas).

4.117 straipsnis. Kelio servitutas Kelio servitutu gali būti nustatoma teisė naudotis pėsčiųjų taku, antžeminėms transporto

priemonėms skirtu keliu ir taku galvijams varyti.

4.118 straipsnis. Kelio servitutas, suteikiantis teisę naudotis pėsčiųjų taku 1. Kai kelio servitutu suteikiama teisė naudotis pėsčiųjų taku, papildomai nenustatant

galimybės pasinaudoti juo kitais tikslais ir nenustatant naudojimosi juo apribojimų, laikoma, kad tokiu pėsčiųjų taku gali eiti pėstieji, važiuoti dviračiai, neturintys variklių, ir gali būti vedami už pasaito galvijai.

2. Jeigu nustatant kelio servitutą, suteikiantį teisę naudotis pėsčiųjų taku, nenustatomas pėsčiųjų tako plotis ir jo neįmanoma nustatyti pagal anksčiau buvusį taką, jei toks buvo, laikoma, kad galima naudotis vieno metro pločio taku.

4.119 straipsnis. Kelio servitutas, suteikiantis teisę važiuoti transporto priemonėmis 1. Kai kelio servitutu suteikiama teisė važiuoti transporto priemonėmis, papildomai

nenustatant galimybės pasinaudoti juo kitais tikslais ir nenustatant naudojimosi juo apribojimų, laikoma, kad tokiu keliu galima važiuoti įvairiomis transporto priemonėmis ir naudotis kaip pėsčiųjų taku.

2. Jeigu nustatant kelio servitutą, suteikiantį teisę važiuoti transporto priemonėmis, nenustatomas kelio plotis ir jo neįmanoma nustatyti pagal anksčiau buvusį kelią, jei toks buvo, laikoma, kad galima naudotis keturių metrų pločio keliu. Tais atvejais, kai tikėtina, kad toks kelias gali būti naudojamas važiuoti specialiomis plačių gabaritų mašinomis, žemės sklypo, kuriam nustatytas kelio servitutas, suteikiantis teisę važiuoti transporto priemonėmis, savininkas neturi teisės sodinti krūmų ir medžių arčiau kaip trys metrai nuo kelio kraštų.

4.120 straipsnis. Kelio servitutas, suteikiantis teisę varyti galvijus 1. Kai kelio servitutu suteikiama teisė varyti galvijus, papildomai nenustatant galimybės

naudotis juo kitais tikslais bei nenustatant naudojimosi juo apribojimų, laikoma, kad tokiu keliu (taku) galima tik varyti galvijus bei servituto turėtojui naudotis juo kaip pėsčiųjų taku.

2. Kelio servituto suteikta teisė varyti galvijus nesuteikia teisės ganyti galvijus šalikelėse ar ant tako ir šalia jo.

3. Jeigu nustatant kelio servitutą, suteikiantį teisę varyti galvijus, nenustatomas kelio (tako) plotis ir jo neįmanoma nustatyti pagal anksčiau buvusį kelią (taką), jei toks buvo, laikoma, kad galima naudotis keturių metrų pločio keliu (taku).

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4.121 straipsnis. Kelio (tako) vietos ir krypties nustatymas Kai kelio servitutu suteikiama teisė naudotis pėsčiųjų taku, antžeminėms transporto

priemonėms skirtu keliu ar taku galvijams varyti, nenustatant kelio (tako) vietos ir krypties, laikoma, kad suteikiama teisė naudotis esamu keliu (taku), o jei jo nėra, – anksčiau buvusiu keliu (taku), o jei jo nebuvo arba negalima nustatyti jo vietos ir krypties, kelio (tako) vietą ir kryptį turi teisę parinkti daikto savininkas, esant galimybei laikydamasis nuostatos, kad parenkama vieta kiek įmanoma labiau atitiktų kelio (tako) reikalavimus.

4.122 straipsnis. Statinių servitutas Gali būti nustatomas statinių servitutas, suteikiantis teisę atremti viešpataujantįjį statinį į

tarnaujantįjį daiktą arba pritvirtinti prie jo, įtvirtinti į tarnaujančiojo statinio sieną (konstrukciją) kablius ir kitokius pritvirtinimo dalykus bei naudotis jais, statyti ar montuoti statinių dalis, pakibusias virš tarnaujančiojo sklypo ar statinio, uždrausti tarnaujančiojo sklypo savininkui statyti statinius, kurie užstotų šviesą ar esamą vietovaizdį, taip pat atlikti kitus įstatymų neuždraustus veiksmus ar reikalauti iš tarnaujančiojo daikto savininko, kad jis susilaikytų nuo konkrečių veiksmų atlikimo.

4.123 straipsnis. Kiti servitutai Gali būti nustatomi servitutai, suteikiantys teisę tiesti požemines ir antžemines

komunikacijas, aptarnauti jas bei jomis naudotis, taip pat kiti servitutai.

ANTRASIS SKIRSNIS SERVITUTO NUSTATYMAS

4.124 straipsnis. Servituto nustatymo pagrindai ir momentas 1. Servitutą gali nustatyti įstatymai, sandoriai ir teismo sprendimas, o įstatymo numatytais

atvejais – administracinis aktas. 2. Iš servituto kylančios teisės ir pareigos subjektams atsiranda tik įregistravus servitutą,

išskyrus atvejus, kai servitutą nustato įstatymai. 3. Nustatant servitutus, visais atvejais turi būti ir dėl servitutų nustatymo

viešpataujančiuoju tampančio daikto savininko valia, išskyrus atvejus, kai servitutą nustato įstatymai ar teismo sprendimas.

4.125 straipsnis. Servituto nustatymas sandoriais Sandoriais nustatyti servitutus turi teisę tik pats tarnaujančiuoju tampančio daikto

savininkas.

4.126 straipsnis. Servituto nustatymas teismo sprendimu 1. Teismo sprendimu servitutas nustatomas, jeigu savininkai nesusitaria, o nenustačius

servituto nebūtų įmanoma normaliomis sąnaudomis daikto naudoti pagal paskirtį. 2. Daikto savininkas ar valdytojas gali kreiptis į teismą dėl servituto nustatymo teismo

sprendimu.

4.127 straipsnis. Servituto nustatymo apribojimai 1. Nustatyti tarnaujančiajam daiktui naują servitutą leidžiama, jeigu tuo nebus

pažeidžiamas pirmiau nustatytas servitutas. 2. Hipotekos tvarka įkeistam nekilnojamajam daiktui nustatyti servitutą leidžiama tik visų

kreditorių sutikimu arba teismo sprendimu.

4.128 straipsnis. Daiktai, kuriems gali būti nustatomas servitutas 1. Servitutas gali būti nustatomas nekilnojamajam daiktui, kuris savo pastoviomis

savybėmis neterminuotam laikui gali užtikrinti viešpataujančiojo daikto tinkamą naudojimą. 2. Nustačius servitutą viešpataujančiuoju ir tarnaujančiuoju tampantys daiktai nebūtinai

privalo turėti bendrą ribą. Svarbiausia, kad dėl nustatyto servituto tarnaujančiuoju tampantis

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daiktas savo pastoviomis savybėmis teiktų viešpataujančiuoju tampančiam daiktui servituto nustatymu siekiamą nuolatinę naudą.

3. Jeigu nustatant servitutą nebuvo konkrečiai nurodyta daikto dalis, kuriai nustatomas servitutas, laikoma, kad servitutas nustatytas visam daiktui. Bet jeigu pagal servituto suteikiamas tarnaujančiojo daikto naudojimo teises galima vienodai gerai pasinaudoti tiek visu daiktu, tiek jo dalimi ir tuo būtų užtikrintas tinkamas viešpataujančiojo daikto naudojimas, tarnaujančiojo daikto savininkas turi teisę nustatyti daikto dalį, kurioje gali būti naudojamasi servituto nustatytomis teisėmis.

4.129 straipsnis. Dėl servituto nustatymo atsiradusių nuostolių atlyginimas Dėl servituto nustatymo atsiradę nuostoliai atlyginami įstatymų nustatyta tvarka.

Įstatymais, sutartimis, teismo sprendimu ar administraciniu aktu gali būti nustatyta viešpataujančiojo daikto savininko prievolė mokėti vienkartinę ar periodinę kompensaciją tarnaujančiojo daikto savininkui.

TREČIASIS SKIRSNIS SERVITUTO PABAIGA

4.130 straipsnis. Servituto pasibaigimo pagrindai ir momentas 1. Servitutas baigiasi: 1) jo atsisakius; 2) tam pačiam asmeniui tapus ir viešpataujančiojo, ir tarnaujančiojo daikto savininku; 3) žuvus viešpataujančiajam ar tarnaujančiajam daiktui; 4) pablogėjus tarnaujančiojo daikto būklei; 5) išnykus servituto būtinumui; 6) suėjus senaties terminui. 2. Servitutas gali pasibaigti tik šio straipsnio 1 dalyje numatytais pagrindais. 3. Servituto pasibaigimo momentu laikomas jo išregistravimo momentas, išskyrus šio

straipsnio 1 dalies 2 ir 3 punktuose numatytus atvejus. 4. Dėl servituto pabaigos į viešą registrą gali kreiptis tarnaujančiojo ar viešpataujančiojo

daikto savininkas.

4.131 straipsnis. Servituto atsisakymas 1. Viešpataujančiojo daikto savininkas gali atsisakyti turimo servituto tik tarnaujančiojo

daikto savininko naudai. 2. Kai servitutas suteikia keletą to paties daikto naudojimo teisių, galima atsisakyti ir tik

kai kurių iš jų. 3. Kai viešpataujantysis daiktas priklauso keliems asmenims, servituto atsisakymas galioja

tik tuo atveju, jeigu yra bendras visų asmenų sutikimas. 4. Turimo servituto atsisakymas turi būti įformintas raštu. 5. Apie servituto atsisakymą viešpataujančiojo daikto savininkas privalo įspėti

tarnaujančiojo daikto savininką ne vėliau kaip prieš šešis mėnesius, taip pat viešpataujančiojo daikto savininkas privalo atlyginti tarnaujančiojo daikto savininkui dėl servituto nutraukimo atsiradusius nuostolius.

4.132 straipsnis. Servituto pabaiga tam pačiam asmeniui tapus viešpataujančiojo ir tarnaujančiojo daikto savininku

1. Servitutas baigiasi tik tada, kai tas pats asmuo tampa viso viešpataujančiojo ir viso tarnaujančiojo daikto savininku.

2. Jeigu tas pats asmuo tampa tik dalies viešpataujančiojo ir tarnaujančiojo daikto savininku, likusiajai daliai servitutas lieka galioti.

3. Kai tarnaujantysis daiktas priklauso keliems asmenims, servitutas baigiasi tik tada, kai visi tarnaujančiojo daikto savininkai nuosavybės teisėmis įgyja viešpataujantįjį daiktą.

4.133 straipsnis. Servituto pabaiga žuvus viešpataujančiajam ar tarnaujančiajam daiktui

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Viešpataujančiajam ar tarnaujančiajam daiktui žuvus, servitutas baigiasi.

4.134 straipsnis. Servituto pabaiga pablogėjus tarnaujančiojo daikto būklei 1. Jeigu tarnaujantysis daiktas pablogėja tiek, kad nebegali atlikti tarnaujančiojo daikto

funkcijų, baigiasi ir servitutas. 2. Dėl tarnaujančiojo daikto pablogėjimo pasibaigęs servitutas atnaujinamas, jeigu daiktas

atgauna savybes, dėl kurių jis vėl gali atlikti tarnaujančiojo daikto funkcijas. Šiuo atveju neturi reikšmės netgi tai, kad per laiką, kurį pablogėjęs daiktas negalėjo atlikti tarnaujančiojo daikto funkcijų, servitutas būtų pasibaigęs dėl senaties.

3. Sprendimą dėl servituto pabaigos bei atnaujinimo priima tarnaujančiojo daikto savininkas ir viešpataujančiojo daikto savininkas tarpusavio susitarimu, o esant ginčui, – teismas.

4.135 straipsnis. Servituto pabaiga išnykus servituto būtinumui 1. Kai aplinkybės pasikeičia taip, kad viešpataujantysis daiktas gali būti tinkamai

naudojamas nesinaudojant tarnaujančiuoju daiktu , tarnaujančiojo daikto savininko teisės naudotis tuo daiktu neribojamos, o servitutas baigiasi tarnaujančiojo daikto savininko ir viešpataujančiojo daikto savininko susitarimu.

2. Jeigu tarnaujančiojo daikto savininkas ir viešpataujančiojo daikto savininkas nesusitaria, sprendimą dėl servituto pabaigos priima teismas.

4.136 straipsnis. Servituto pabaiga suėjus senaties terminui 1. Servitutas baigiasi suėjus senaties terminui, jeigu turintis teisę juo naudotis asmuo

savanoriškai dešimt metų pats ar per kitus asmenis nesinaudojo servituto suteikiamomis teisėmis. 2. Laikas, kurį nebuvo naudojamasi servituto suteikiamomis teisėmis dėl nenugalimos

jėgos ar dėl tarnaujančiojo daikto savininko ar valdytojo trukdymo, į senaties terminą neįskaitomas.

3. Jeigu servituto turėtojas servituto suteikiamas teises dešimt metų įgyvendino tik dalyje tarnaujančiojo daikto, tai likusiai tarnaujančiojo daikto daliai servitutas baigiasi.

4. Servitutas negali baigtis dėl senaties, jeigu buvo naudojamasi nors dalimi servituto suteikiamų teisių.

5. Suėjus senaties terminui, negali baigtis kelio servitutas, suteikiantis teisę naudotis taku ar keliu, vedančiu į kapines.

6. Sprendimą dėl servituto pabaigos suėjus senaties terminui priima teismas.

4.137 straipsnis. Statinių servitutų pabaiga dėl senaties Statinių servitutas dėl senaties baigiasi tik tada, kai viešpataujančiojo daikto savininkas

dešimt metų pats ar per kitus asmenis nesinaudojo servituto suteikiamomis teisėmis ir tarnaujančiajam daiktui padarė ką nors tokio, kas nesuderinama su naudojimusi servituto suteikiamomis teisėmis.

4.138 straipsnis. Servituto turėtojo teisė reikalauti atlyginti nuostolius Jeigu tarnaujančiojo daikto savininkas ar valdytojas trukdo servituto turėtojui įgyvendinti

servituto suteikiamas teises, tai servituto turėtojas turi teisę reikalauti atlyginti dėl trukdymo atsiradusius nuostolius.

4.139 straipsnis. Tarnaujančiojo daikto savininko teisių gynimas 1. Jeigu servituto turėtojas netinkamai įgyvendina servituto suteiktas tarnaujančiojo daikto

naudojimo teises ir tuo pažeidžia tarnaujančiojo daikto savininko teises, tai tarnaujančiojo daikto savininkas turi teisę reikalauti pašalinti bet kokius pažeidimus, net ir nesusijusius su valdymo netekimu.

2. Tais atvejais, kai servitutas suvaržo teisę į daikto dalį, tarnaujančiojo daikto savininkas turi teisę reikalauti pakeisti daikto dalį, teisę į kurią suvaržo servitutas, kita šio daikto dalimi, jeigu toks pakeitimas padės tarnaujančiojo daikto savininkui išvengti dėl servituto atsirandančių pernelyg didelių nuostolių.

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3. Pasibaigus servitutui, servituto turėtojas, jeigu tarnaujančiojo daikto savininkas reikalauja, turi grąžinti to daikto būklę į padėtį, buvusią iki servituto nustatymo. Iš servituto turėtojo negali būti reikalaujama pašalinti tokius daikto pasikeitimus, kurie atsirado nepaisant servituto buvimo, jeigu įstatymas ar sutartis nenustato kitaip.

4.140 straipsnis. Atsakomybė pagal turtines prievoles, kylančias iš servituto 1. Jeigu viešpataujantysis ar tarnaujantysis daiktas nuosavybės teise priklauso keliems

savininkams, jie yra solidariai atsakingi pagal turtines prievoles, kylančias iš servituto. 2. Jeigu viešpataujantysis ar tarnaujantysis daiktas perleidžiamas kitam asmeniui, pagal

turtines prievoles, atsiradusias iš servituto iki daikto perleidimo momento, solidariai atsako daikto perleidėjas ir įgijėjas.

VIII SKYRIUS UZUFRUKTAS

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

4.141 straipsnis. Uzufrukto sąvoka 1. Uzufruktas – asmens gyvenimo trukmei ar apibrėžtam terminui, kuris negali būti

ilgesnis už asmens gyvenimo trukmę, nustatyta teisė (uzufruktoriaus teisė) naudoti svetimą daiktą ir gauti iš jo vaisius, produkciją ir pajamas.

2. Uzufruktas gali būti nustatytas vieno ar kelių asmenų (bendrai ar nustatant kiekvieno dalį) naudai.

4.142 straipsnis. Uzufrukto objektas 1. Uzufrukto objektu gali būti kiekvienas nesunaudojamas ir kilnojamasis, ir

nekilnojamasis daiktas, kuris yra nuosavybės teisės objektas. 2. Įgydamas uzufruktą į pagrindinį daiktą, uzufruktorius įgyja uzufruktą ir į antraeilius

daiktus, jeigu sutartis ar įstatymai nenustato kitaip. 3. Uzufrukto objektas perduodamas uzufruktoriui pagal aprašą. 4. Pasikeitus daikto, į kurį nustatytas uzufruktas, savininkui, uzufruktas išlieka.

4.143 straipsnis. Uzufrukto turinys 1. Uzufruktorius turi teisę naudoti daiktą taip, kaip nustatyta, o jeigu nenustatyta, – kaip tai

darytų pagal daikto paskirtį rūpestingas savininkas. 2. Naudojant uzufrukto objektą gaunami vaisiai, produkcija ir pajamos priklauso

uzufruktoriui, jeigu sutartis ar įstatymai nenustato kitaip. 3. Uzufrukto turinys nustatomas kiekvienu konkrečiu atveju nustatant uzufruktą.

Nustatantis uzufruktą subjektas gali nustatyti tik tokias uzufrukto suteikiamas teises, kurios neprieštarauja daikto naudojimui pagal paskirtį.

4. Jeigu uzufruktas nustatytas į bendrosios nuosavybės teisės objektu esantį daiktą, uzufruktorius turi tas daikto valdymo ir naudojimo teises, kurios priklausytų jam kaip bendraturčiui.

5. Uzufruktorius turi teisę reikalauti įvykdyti dėl uzufrukto objekto atsiradusias prievoles ir priimti įmokas.

6. Uzufruktorius neturi teisės perduoti uzufrukto kitam asmeniui, bet gali perduoti kitam asmeniui teisę įgyvendinti uzufruktą. Tokiu atveju abu subjektai atsako pagal prievoles solidariai. Laikas, kuriam perduodama kitam asmeniui teisė įgyvendinti uzufruktą, negali būti ilgesnis už laiką, kuriam nustatytas uzufruktas.

7. Uzufruktorius neturi teisės perdirbti uzufrukto objekto arba kitokiu būdu iš esmės jo pakeisti be uzufrukto objekto savininko leidimo ar įstatymo numatytais atvejais – be teismo sprendimo.

8. Uzufruktorius neturi teisės į uzufrukto objekte rastą lobį ar jo dalį, pagal įstatymą priklausančią daikto savininkui.

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4.144 straipsnis. Uzufruktoriaus pareigos 1. Uzufruktorius privalo išlaikyti ir remontuoti uzufrukto objektą, kiek tai būtina jo

normaliai būklei užtikrinti. 2. Proporcingai turimoms uzufrukto objekto naudojimo teisėms bei gaunamoms iš jo

pajamoms uzufruktorius privalo mokėti mokesčius bei kitas su uzufrukto objektu susijusias įmokas, jeigu sutartis ar įstatymai nenustato kitaip.

3. Jeigu uzufrukto objektas sugadinamas arba pažeidžiamas, arba būtina atlikti neeilinius jo gerinimo ir remonto darbus, apsaugoti jį nuo nenumatytų pavojų, arba tretieji asmenys pareiškia savo teises į uzufrukto objektą, uzufruktorius privalo tuojau pat pranešti apie tai savininkui.

4. Uzufruktorius sutartyje, testamente ar įstatyme numatytais atvejais privalo apdrausti uzufrukto objektą. Jeigu uzufruktorius neapdraudžia uzufrukto objekto, tą gali padaryti uzufrukto objekto savininkas uzufruktoriaus lėšomis.

5. Kasmet uzufruktorius savo lėšomis turi pateikti uzufrukto objekto savininkui ataskaitą, jeigu uzufrukto sąlygose nenumatyta kas kita.

4.145 straipsnis. Uzufrukto įgyvendinimas į žemę 1. Uzufruktorius neturi teisės kirsti žemėje, kuri yra uzufrukto objektas, augančių medžių,

išskyrus išvartas ir sausuolius. Sunaikintus medžius uzufruktorius privalo atsodinti, jeigu uzufrukto sąlygose nenumatyta kas kita.

2. Uzufruktorius negali išgauti iš žemės naudingųjų iškasenų, išskyrus atvejus, kai žemės naudojimo paskirtis yra naudingųjų iškasenų gavyba.

4.146 straipsnis. Uzufruktoriaus atsakomybė 1. Uzufruktorius atsako už uzufrukto objekto būklės pablogėjimą dėl uzufrukto netinkamo

įgyvendinimo. 2. Jeigu uzufruktorius nevykdo iš uzufrukto kylančių esminių pareigų, uzufrukto objekto

savininko prašymu teismas gali skirti uzufrukto objekto administratorių.

ANTRASIS SKIRSNIS UZUFRUKTO NUSTATYMAS

4.147 straipsnis. Uzufrukto nustatymo pagrindai ir momentas 1. Uzufruktas gali būti nustatomas įstatymais, teismų sprendimais, kai tai numato

įstatymai, bei sandoriais. 2. Iš uzufrukto kylančios teisės į daiktą, kuriam privaloma teisinė registracija, ir pareigos

subjektams atsiranda tik įregistravus uzufruktą, išskyrus atvejus, kai uzufruktą nustato įstatymas. 3. Į kilnojamąjį daiktą, kuriam nėra nustatyta privaloma teisinė registracija, uzufruktas

atsiranda nuo daikto perdavimo momento, jeigu kitaip nenumatyta įstatyme (kai uzufruktą nustato įstatymas), sandoryje (kai uzufruktas nustatomas sandoriu) ar teismo sprendimo (kai uzufruktas nustatomas teismo sprendimu).

4. Nustatant uzufruktą, turi būti uzufruktoriumi tampančio asmens valia, išskyrus atvejus, kai uzufruktą nustato įstatymas.

4.148 straipsnis. Uzufrukto nustatymas sandoriais Nustatyti uzufruktą sandoriais turi teisę tik pats daikto savininkas.

4.149 straipsnis. Uzufrukto nustatymo apribojimai Naujas uzufruktas gali būti nustatomas į daiktus, į kuriuos jau yra nustatytas uzufruktas,

jeigu naujai nustatomo uzufrukto suteikiamos teisės nesutampa su jau nustatyto uzufrukto suteikiamomis teisėmis ir naujojo uzufrukto suteikiamų teisių įgyvendinimas nepažeis jau esamo uzufruktoriaus teisių.

TREČIASIS SKIRSNIS UZUFRUKTO PABAIGA

4.150 straipsnis. Uzufrukto pasibaigimo pagrindai ir momentas

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1. Uzufruktas baigiasi: 1) jo atsisakius; 2) mirus uzufruktoriui, likvidavus uzufruktorių juridinį asmenį ar praėjus trisdešimčiai

metų nuo uzufrukto nustatymo juridiniam asmeniui; 3) pasibaigus terminui ar įvykus naikinančiojoje sąlygoje numatytam juridiniam faktui; 4) uzufruktoriui tapus uzufrukto objekto savininku; 5) žuvus uzufrukto objektui; 6) pablogėjus uzufrukto objekto būklei; 7) suėjus senaties terminui; 8) panaikinus uzufruktą teismo sprendimu. 2. Uzufruktas gali baigtis tik šio straipsnio 1 dalyje numatytais pagrindais. 3. Uzufrukto pabaigos momentu laikomas jo išregistravimo momentas, išskyrus šio

straipsnio 1 dalies 2, 3, 4 ir 5 punktuose numatytus atvejus ir tuos atvejus, kai uzufruktas neturėjo būti registruotas.

4. Kelių asmenų naudai nustatytas uzufruktas baigiasi pasibaigus paskutinio asmens teisei, jeigu nenustatyta kitaip.

5. Uzufrukto objekto savininko ir uzufruktoriaus susitarimu ar teismo sprendimu uzufruktas gali būti pakeistas renta, jeigu dėl svarbių priežasčių uzufruktorius negali vykdyti savo pareigų.

4.151 straipsnis. Uzufrukto atsisakymas 1. Uzufruktorius gali atsisakyti turimo uzufrukto tik uzufrukto objekto savininko naudai. 2. Kai uzufruktas suteikia keletą to paties daikto naudojimo teisių, kai kurių iš jų galima

atsisakyti. 3. Turimo uzufrukto atsisakymas turi būti įformintas raštu.

4.152 straipsnis. Uzufrukto pabaiga mirus uzufruktoriui, likvidavus juridinį asmenį ar praėjus trisdešimčiai metų nuo uzufrukto nustatymo juridiniam asmeniui

1. Uzufruktoriui mirus, uzufruktas baigiasi nepaisant to, ar jis buvo nustatytas apibrėžtam terminui, ar konkretaus asmens gyvenimo trukmei. Uzufruktui pasibaigus dėl uzufruktoriaus mirties, jo teisių perėmėjai privalo grąžinti daiktą savininkui.

2. Juridinio asmens, kaip uzufruktoriaus, turėtas daiktas turi būti grąžintas savininkui, priėmus sprendimą likviduoti juridinį asmenį arba praėjus trisdešimčiai metų nuo uzufrukto nustatymo juridiniam asmeniui.

4.153 straipsnis. Uzufrukto pabaiga pasibaigus terminui ar įvykus naikinančiojoje sąlygoje numatytam juridiniam faktui

1. Jeigu nustatant uzufruktą buvo numatytas jo pabaigos terminas ar uzufrukto pabaiga buvo susieta su naikinančiąja sąlyga, tai, pasibaigus nustatytam terminui ar įvykus naikinančiojoje sąlygoje numatytam juridiniam faktui, uzufruktas pasibaigia.

2. Jeigu uzufruktas buvo nustatytas laikotarpiui, kol trečiasis asmuo sukaks tam tikrą amžių, tačiau jis nesukakęs nustatyto amžiaus miršta, tai uzufruktas išlieka iki to laiko, kada šis asmuo būtų sukakęs nustatytą amžių.

3. Jeigu uzufruktas buvo nustatytas laikotarpiui, kol atsiras su trečiuoju asmeniu susiję sąlygos, o trečiasis asmuo iki tų sąlygų atsiradimo miršta ir todėl numatytos sąlygos atsirasti negali, tai uzufruktorius išsaugo savo teises iki savo gyvenimo pabaigos.

4.154 straipsnis. Uzufrukto pabaiga uzufruktoriui tapus uzufrukto objekto savininku 1. Uzufruktoriui tapus viso uzufrukto objekto savininku, uzufruktas baigiasi. 2. Jeigu uzufruktorius tampa tik dalies uzufrukto objekto savininku, tai likusiai daliai

uzufruktas lieka galioti.

4.155 straipsnis. Uzufrukto pabaiga žuvus uzufrukto objektui Uzufrukto objektui žuvus, baigiasi ir uzufruktas.

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4.156 straipsnis. Uzufrukto pabaiga pablogėjus uzufrukto objekto būklei 1. Jeigu uzufrukto objektas pablogėja tiek, kad nebegali būti naudojamas pagal nustatyto

uzufrukto paskirtį, uzufruktas baigiasi. 2. Dėl uzufrukto objekto pablogėjimo pasibaigęs uzufruktas atnaujinamas, jeigu uzufrukto

objektas atgauna savybes, dėl kurių jis vėl gali atlikti tokio objekto funkcijas. Šiuo atveju neturi reikšmės netgi tai, kad per laiką, kurį pablogėjęs uzufrukto objektas negalėjo būti naudojamas pagal nustatyto uzufrukto paskirtį, uzufruktas būtų pasibaigęs suėjus senaties terminui.

3. Sprendimą dėl uzufrukto pabaigos bei atnaujinimo priima uzufrukto objekto savininkas ir uzufruktorius tarpusavio susitarimu, o esant ginčui, – teismas.

4.157 straipsnis. Uzufrukto pabaiga suėjus senaties terminui 1. Uzufruktas, kurio objektas yra nekilnojamasis daiktas, baigiasi suėjus senaties terminui,

jeigu uzufruktorius nepertraukiamai savanoriškai dešimt metų pats ar per kitus asmenis nesinaudojo uzufrukto suteikiamomis teisėmis.

2. Uzufruktas, kurio objektas yra kilnojamasis daiktas, baigiasi dėl senaties, jeigu uzufruktorius savanoriškai trejus metus pats ar per kitus asmenis nesinaudojo uzufrukto suteikiamomis teisėmis.

3. Laikas, kurį nebuvo naudojamasi uzufrukto suteikiamomis teisėmis dėl nenugalimos jėgos ar dėl uzufrukto objekto savininko (valdytojo) trukdymo, į senaties terminą neįskaitomas.

4. Jeigu uzufruktorius uzufrukto suteikiamas teises penkiolika metų įgyvendino tik naudodamasis nekilnojamojo daikto dalimi, likusiai daikto daliai uzufruktas baigiasi.

5. Uzufruktas negali pasibaigti dėl senaties, jeigu buvo naudojamasi nors dalimi uzufrukto suteikiamų teisių.

4.158 straipsnis. Uzufrukto objekto grąžinimas pasibaigus uzufruktui 1. Pasibaigus uzufruktui, uzufruktorius privalo grąžinti savininkui uzufrukto objektą tos

būklės, kurios jį gavo, atsižvelgiant į normalų susidėvėjimą, jeigu nustatant uzufruktą nebuvo aptarta kitaip.

2. Uzufruktorius turi teisę pasilikti dalis, kuriomis pagerino daiktą, jeigu jas galima atskirti ir jeigu tai nepadarys žalos uzufrukto objektui. Jeigu pagerintų dalių atskirti negalima arba daiktas buvo pagerintas kitaip, uzufruktorius turi teisę reikalauti atlyginti pagerinimo išlaidas, bet ne daugiau kaip daikto vertės padidėjimas, tik tuo atveju, jeigu jis daiktą pagerino daikto savininko sutikimu.

4.159 straipsnis. Uzufrukto objekto savininko teisių gynimas Jeigu uzufruktorius netinkamai įgyvendina uzufrukto suteiktas teises ir tuo pažeidžia

daikto savininko teises, tai uzufrukto objekto savininkas turi teisę reikalauti pašalinti bet kokius pažeidimus, nors ir nesusijusius su valdymo netekimu.

IX SKYRIUS UŽSTATYMO TEISĖ (SUPERFICIES)

4.160 straipsnis. Užstatymo teisės (superficies) sąvoka 1. Užstatymo teisė (superficies) – teisė naudotis kitam asmeniui priklausančia žeme

statiniams statyti ar įsigyti bei valdyti nuosavybės teise ar žemės gelmėms naudoti. 2. Užstatymo teisė gali būti suteikta nepaisant būsimo užstatymo teisės turėtojo kitos

daiktinės teisės arba jos suteikimas gali priklausyti nuo kitos daiktinės teisės arba nuo nekilnojamojo daikto nuomos.

3. Pasikeitus žemės, statinių ar sodinių savininkui, užstatymo teisė išlieka.

4.161 straipsnis. Užstatymo teisės atlygintinumas Užstatymo teisę nustatančiame akte gali būti numatyta, kad šios teisės turėtojas turi

sumokėti žemės savininkui vienkartinę sumą arba už ją mokėti periodiškai.

4.162 straipsnis. Užstatymo teisės turinys

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1. Užstatymo teisės turėtojas turi teisę ant kitam asmeniui priklausančios nuosavybės teise žemės įsigyti nuosavybėn ar turėti nuosavybės teise statinius bei daugiamečius sodinius.

2. Nustatant užstatymo teisę, gali būti apribota užstatymo teisės turėtojo teisė statyti, naudoti ar griauti statinius bei sodinti ar naikinti sodinius.

3. Užstatymo teisė gali būti terminuota ar neterminuota.

4.163 straipsnis. Užstatymo teisės nustatymas Užstatymo teisė nustatoma žemės savininko ir užstatymo teisės turėtoju tampančio asmens

susitarimu arba žemės savininko testamentu.

4.164 straipsnis. Užstatymo teisės pabaiga 1. Užstatymo teisė baigiasi: 1) kai užstatymo teisės turėtojas tampa ir žemės savininku; 2) pasibaigus terminui; 3) dėl senaties, jeigu užstatymo teisės turėtojas dešimt metų nesinaudoja užstatymo teisės

objektu; 4) užstatymo teisės turėtojui daugiau kaip už dvejus metus nesumokėjus užstatymo teisę

nustatančiame akte nustatyto mokesčio. 2. Pasibaigus užstatymo teisei, nuosavybės teisė į statinius ar sodinius pereina žemės

savininkui. Žemės savininkas turi atlyginti jų vertę, jeigu taip buvo numatyta užstatymo teisę nustatančiame akte.

3. Užstatymo teisės turėtojas gali pasiimti statinius ar sodinius, jeigu jis grąžina ankstesnę žemės padėtį ir jeigu užstatymo teisę nustatantis aktas nenumato ko kita.

4. Statinių ar sodinių žuvimas nėra pagrindas užstatymo teisei baigtis, jeigu šalys nesusitarė kitaip.

X SKYRIUS ILGALAIKĖ NUOMA (EMPHYTEUSIS)

4.165 straipsnis. Ilgalaikės nuomos sąvoka 1. Ilgalaikė nuoma (emphyteusis), kaip daiktinė teisė, – teisė naudotis kitam asmeniui

priklausančiu žemės sklypu ar kitu nekilnojamuoju daiktu nebloginant jo kokybės, nestatant statinių, nesodinant daugiamečių sodinių ir neatliekant kitų darbų, kurie iš esmės padidintų naudojamos žemės ar kito nekilnojamojo daikto vertę, išskyrus atvejus, kai yra nuomotojo sutikimas.

2. Ilgalaikė nuoma gali būti terminuota ar neterminuota. Ilgalaikės nuomos terminas negali būti trumpesnis kaip dešimt metų.

3. Pasikeitus nuomotojui ar nuomininkui, ilgalaikė nuoma išlieka, jeigu nuomininko teisių perėmėjai tinkamai naudoja išnuomotą nekilnojamąjį daiktą ir vykdo kitus ilgalaikę nuomą nustatančiame akte nustatytus įsipareigojimus.

4.166 straipsnis. Ilgalaikės nuomos atlygintinumas Ilgalaikę nuomą nustatančiame akte gali būti numatyta, kad nuomininkas turi sumokėti

nekilnojamojo daikto nuomotojui vienkartinę sumą arba už jį mokėti periodiškai.

4.167 straipsnis. Ilgalaikės nuomos nustatymas Ilgalaikė nuoma nustatoma išnuomojamo nekilnojamojo daikto savininko ir nuomininko

susitarimu arba testamentu.

4.168 straipsnis. Ilgalaikės nuomos turinys 1. Jeigu ilgalaikę nuomą nustatantis aktas nenustato kitaip, tai nuomininkas naudojasi

išnuomotu nekilnojamuoju daiktu kaip savininkas, tik iš esmės nedidina jo vertės, taip pat neturi teisės keisti jo tikslinės paskirties be savininko sutikimo. Jeigu nuomos objektas yra žemės sklypas, ilgalaikę nuomą nustatančiame akte gali būti numatyta nuomininko teisė statyti statinius ar sodinti sodinius, reikalingus žemei naudoti pagal paskirtį.

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2. Nuomininkas savo lėšomis privalo išlaikyti išnuomotą nekilnojamąjį daiktą ir jį remontuoti.

3. Jeigu nenustatyta kitaip, nuomininkui priklauso išnuomoto nekilnojamojo daikto duodami vaisiai.

4. Ilgalaikę nuomą nustatančiame akte gali būti nurodyta, kad nuomininkas be nuomotojo sutikimo savo teisių negali perleisti kitam asmeniui arba padalyti ilgalaikės nuomos teisės.

5. Jeigu ilgalaikę nuomą nustatančiame akte nenumatyta kitaip, nuomininkas turi teisę subnuomoti. Subnuomininkas neturi daugiau teisių už nuomininką. Ilgalaikei nuomai pasibaigus, baigiasi ir subnuoma.

4.169 straipsnis. Ilgalaikės nuomos pabaiga 1. Ilgalaikė nuoma baigiasi: 1) pasibaigus terminui; 2) žuvus nuomos objektui; 3) nuomą panaikinus teismo sprendimu; 4) nuomotojui tapus ir nuomininku; 5) nenaudojus nuomos objekto dešimt metų; 6) šalių susitarimu. 2. Ilgalaikę nuomą nustatančiame akte ir nuomotojo, ir nuomininko iniciatyva gali būti

numatyti priešlaikinės ilgalaikės nuomos pabaigos pagrindai. 3. Praėjus dvidešimt penkeriems metams po nuomos nustatymo, nuomininko ar nuomotojo

prašymu ilgalaikė nuoma gali būti teismo sprendimu pakeista ar panaikinta, jeigu atsiranda nenumatytų aplinkybių, dėl kurių nebegalima naudotis daiktu ankstesnėmis sąlygomis.

4. Pasibaigus ilgalaikei nuomai, nuomininkas privalo grąžinti nuomotojui nuomos objektą. Nuomininkui turi būti kompensuota ilgalaikės nuomos objekto pagerinimų vertė, jeigu pagerinta buvo nuomotojo sutikimu. Nuomininkas turi teisę sulaikyti ilgalaikės nuomos objekto perdavimą nuomotojui tol, kol nuomotojas nesumokės kompensacijos. Nuomotojas gali sulaikyti nuomininkui priklausantį daiktą tol, kol nuomininkas su juo neatsiskaitys.

5. Jeigu ilgalaikę nuomą nustatančiame akte buvo numatyta nuomininko teisė statyti statinius ar sodinti sodinius, reikalingus žemei naudoti pagal paskirtį, tai pasibaigus ilgalaikei nuomai, nuomininkas gali pasiimti statinius ar sodinius, jeigu jis grąžina ankstesnę žemės padėtį ir jeigu ilgalaikę nuomą nustatantis aktas nenumato ko kita.

XI SKYRIUS HIPOTEKA

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

4.170 straipsnis. Hipotekos sąvoka 1. Hipoteka – esamo ar būsimo skolinio įsipareigojimo įvykdymą užtikrinantis

nekilnojamojo daikto įkeitimas, kai įkeistas daiktas neperduodamas kreditoriui. 2. Susitarimas perduoti įkeičiamą ar įkeistą daiktą kreditoriui negalioja. 3. Hipoteka neatima iš daikto savininko teisės valdyti, naudoti įkeistą daiktą bei juo

disponuoti atsižvelgiant į hipotekos kreditoriaus teises. Paskesnis įkeisto daikto įkeitimas leidžiamas, jeigu hipotekos sutartyje (lakšte) nenumatyta kitaip.

4.171 straipsnis. Hipotekos objektas 1. Hipotekos objektu gali būti atskiri viešame registre registruojami, iš civilinės apyvartos

neišimti nekilnojamieji daiktai, kurie gali būti pateikti parduoti viešose varžytynėse. Nekilnojamojo daikto hipoteka neapima iš šio daikto gaunamų pajamų.

2. Kai įkeičiamas pagrindinis daiktas, laikoma, kad yra įkeičiami ir esantys bei būsimi daikto savininko valia prijungti ar dėl gamtinių įvykių prie pagrindinio daikto prisijungę priklausiniai.

3. Kai įkeičiamas nekilnojamasis daiktas, kuriam naudoti pagal paskirtį reikalingi kilnojamieji daiktai, laikoma, kad hipotekos objektu tampa ir tokiam daiktui naudoti pagal paskirtį

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reikalingi kilnojamieji daiktai, įskaitant ir tuos, kurie taps įkaito davėjo nuosavybe ateityje, jeigu kitaip dėl kilnojamųjų daiktų įkeitimo (neįkeitimo) nebuvo nustatyta hipotekos sutartyje ar įkeičiamo nekilnojamojo daikto savininko vienašaliame pareiškime įkeisti daiktą.

4. Įkeičiamas gali būti tik apdraustas daiktas, išskyrus žemę. 5. Nekilnojamojo daikto hipoteka apima ir šio daikto draudimo atlyginimą. 6. Norint įkeisti tam pačiam savininkui priklausančio daikto dalį, toji dalis turi būti tiksliai

apibrėžta ir įregistruota viešame registre kaip atskiras objektas. 7. Įkeičiant statinius, kartu turi būti įkeistas ir žemės sklypas, ant kurio stovi statiniai, arba

šio žemės sklypo nuomos (panaudos) teisė. 8. Daiktas, priklausantis bendrosios nuosavybės teise, gali būti įkeistas tik visų

bendraturčių sutikimu. Įkeičiant bendrosios dalinės nuosavybės dalį, kitų bendraturčių sutikimas nereikalingas, tačiau įkeičiamoji dalis turi būti tiksliai nustatyta bendraturčių sudaryta ir notaro patvirtinta naudojimosi daiktu tvarkos nustatymo sutartimi.

9. Daikto įkeitimas netrukdo perleisti jo kito asmens nuosavybėn. Perleidžiant įkeistą daiktą nuosavybėn kitam asmeniui, hipoteka seka paskui daiktą.

10. Įkeisto daikto savininkas neturi teisės sunaikinti, sužaloti daiktą ar kitaip sumažinti jo vertę, išskyrus daikto normalų nusidėvėjimą ar vertės sumažėjimą naudojant jį būtinojo reikalingumo atveju. Pažeidus šiuos reikalavimus, hipotekos kreditorius gali reikalauti, kad būtų pradėtas išieškojimas iš įkeisto daikto prieš terminą.

11. Priverstinės hipotekos objektu turi būti parenkamas toks daiktas, kurį pardavus būtų visiškai patenkinti kreditoriaus reikalavimai, o skolininkas nukentėtų kuo mažiau.

12. Įkeičiant žemę, kaip priklausiniai įkeičiami ir ant jos esantys statiniai, jei hipotekos sutartyje nenustatyta kitaip. Jeigu įkeičiant žemę statiniai neįkeičiami, pardavus įkeistą žemę varžytynėse, statinių savininkas įgyja teisę į žemės servitutą. Jei varžytynėse parduodamas įkeistas žemės sklypas, ant kurio stovi kitam asmeniui (ne žemės savininkui) nuosavybės teise priklausantys statiniai, įsigijusiam varžytynėse žemę asmeniui pereina buvusio žemės savininko teisės ir pareigos, kurias turėjo statinių savininkas.

4.172 straipsnis. Hipotekos išlikimas padalijus įkeistą nekilnojamąjį daiktą 1. Padalijus įkeistą nekilnojamąjį daiktą, hipotekos reikalavimas nedalijamas ir lieka

galioti visiems po padalijimo suformuotiems nekilnojamiesiems daiktams. Susitarimas dėl hipotekos reikalavimo padalijimo negalioja.

2. Po nekilnojamojo daikto padalijimo suformuotų nekilnojamųjų daiktų, priklausančių nuosavybės teise skirtingiems savininkams, pardavimo varžytynėse eilė nustatoma daikto padalijimo momentu daikto savininkų rašytiniu susitarimu. Jei daikto savininkų rašytinio susitarimo nėra, po padalijimo suformuotų nekilnojamųjų daiktų pardavimo varžytynėse eilę nustato hipotekos teisėjas.

4.173 straipsnis. Hipotekos išlikimas sujungus įkeistus nekilnojamuosius daiktus 1. Įkeisti nekilnojamieji daiktai gali būti sujungti tik gavus kreditorių, kurių reikalavimų

tenkinimo eilė po sujungimo pasikeis, rašytinį sutikimą. 2. Sujungus kelis įkeistus nekilnojamuosius daiktus, kiekvieno iš jų hipoteka apima po

sujungimo suformuotą nekilnojamąjį daiktą. Hipotekos kreditorių reikalavimų tenkinimo eilė nustatoma pagal prašymų įregistruoti hipoteką įregistravimo datą.

4.174 straipsnis. Hipoteka užtikrinami įvykdymai ir išieškojimai 1. Hipoteka užtikrinamas pagrindinio reikalavimo įvykdymas, iš šio reikalavimo

atsirandančių palūkanų, netesybų bei teismo išlaidų, susijusių su hipotekos vykdymu, išieškojimas. 2. Hipoteka užtikrintas pagrindinis reikalavimas, iš šio reikalavimo atsirandančios

palūkanos ir netesybos gali būti padidinami, taip pat skolinio įsipareigojimo įvykdymo terminas gali būti trumpinamas arba pratęsiamas daugiau nei paskesnės eilės kreditorių tik gavus paskesnės eilės kreditorių rašytinį sutikimą.

4.175 straipsnis. Hipotekos rūšys 1. Gali būti registruojama priverstinė ir sutartinė hipoteka. Priverstinės hipotekos

nustatymo tvarką nustato Civilinio proceso kodeksas.

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2. Priverstinė hipoteka atsiranda įstatymo arba teismo sprendimo pagrindu šiais atvejais: 1) valstybės reikalavimams, kylantiems iš mokestinių bei valstybinio socialinio draudimo

teisinių santykių, užtikrinti; 2) reikalavimams, susijusiems su statinių statybomis ar rekonstrukcija, užtikrinti; 3) pagal teismo sprendimą patenkintiems turtiniams reikalavimams užtikrinti; 4) kitais šio kodekso numatytais atvejais. 3. Sutartinė hipoteka gali būti paprastoji, jungtinė, svetimo turto, maksimalioji, bendroji

bei sąlyginė.

4.176 straipsnis. Hipotekos nustatymas valstybės reikalavimams, kylantiems iš mokestinių teisinių santykių, užtikrinti

Valstybės reikalavimams, kylantiems iš mokestinių bei valstybinio socialinio draudimo teisinių santykių, užtikrinti hipoteka nustatoma valstybinės mokesčių inspekcijos, muitinės ar valstybinio socialinio draudimo institucijos prašymu, kuriame nurodomas daiktas, kuriam nustatoma hipoteka, skolininku esantis daikto savininkas, hipotekos nustatymo pagrindas, hipotekos terminas ir reikalavimo suma. Kartu su prašymu pateikiami jame nurodytus duomenis patvirtinantys dokumentai. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

4.177 straipsnis. Hipotekos nustatymas reikalavimams, susijusiems su statinių statybomis ar rekonstrukcija, užtikrinti

1. Asmenų, susijusių su statinių statybomis ar rekonstrukcija, reikalavimams užtikrinti hipoteka gali būti nustatoma tik registruotam statiniui.

2. Hipoteka nustatoma rangovo, projektuotojo, medžiagų tiekėjo ar finansavusio asmens prašymu ne vėliau kaip per trisdešimt dienų nuo statybų ar rekonstrukcijos darbų užbaigimo. Prašyme nurodomas statinys, kuriam nustatoma hipoteka, skolininku esantis daikto savininkas, hipotekos nustatymo pagrindas, hipotekos terminas ir reikalavimo suma. Kartu su prašymu pateikiami jame nurodytus duomenis patvirtinantys dokumentai.

4.178 straipsnis. Hipotekos nustatymas pagal teismo sprendimą patenkintiems reikalavimams užtikrinti

Pagal teismo sprendimą patenkinus reikalavimą dėl pinigų išieškojimo, kreditoriaus prašymu gali būti įregistruota skolininko daikto hipoteka. Teismo sprendime turi būti nurodyta: hipoteka užtikrinama reikalavimo suma, hipotekos terminas, daiktas, kuris registruojamas hipotekos registre, ir šio daikto savininkas.

4.179 straipsnis. Paprastoji hipoteka Paprastoji hipoteka – vieno konkretaus nuosavybės teise priklausančio nekilnojamojo

daikto įkeitimas, norint apsaugoti vieno konkretaus įsipareigojimo įvykdymą.

4.180 straipsnis. Jungtinė hipoteka Jungtinė hipoteka – kelių nuosavybės teise priklausančių nekilnojamųjų daiktų įkeitimas

vienu metu, norint apsaugoti vieno konkretaus įsipareigojimo įvykdymą.

4.181 straipsnis. Svetimo daikto hipoteka Svetimo daikto hipoteka – nuosavybės teise priklausančio nekilnojamojo daikto įkeitimas,

norint apsaugoti kito asmens skolinio įsipareigojimo įvykdymą.

4.182 straipsnis. Maksimalioji hipoteka 1. Maksimalioji hipoteka – nekilnojamojo daikto įkeitimas, kai susitariama tik dėl

maksimalios įsipareigojimų apsaugojimo įkeičiamu daiktu sumos ir dėl paskolos naudojimo srities. Maksimalioji hipoteka registruojama ne ilgesniam kaip penkerių metų laikotarpiui.

2. Pasibaigus penkerių metų laikotarpiui, skolos dydis fiksuojamas hipotekos registre, ir hipoteka pradeda veikti kaip paprastoji. Vėliau prisiimtų skolinių įsipareigojimų ši hipoteka neapsaugo. Jeigu skolos dydžio fiksavimo data hipotekos sutartyje nenustatyta, hipotekos

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kreditorius gali reikalauti skolos dydį fiksuoti bet kuriuo momentu, bet ne anksčiau kaip praėjus trejiems metams nuo hipotekos įregistravimo dienos.

3. Skolos dydis fiksuojamas, kai kiti kreditoriai reikalauja parduoti įkeistą daiktą iš varžytynių, įkeistas daiktas areštuojamas, skolininkas arba kreditorius paskelbiami nemokiais ar jie likviduojami, kreditorius ar skolininkas miršta, jeigu jų turto paveldėtojai neperregistruoja hipotekos savo vardu per šešis mėnesius nuo palikimo atsiradimo dienos.

4. Skolos dydžio fiksavimas panaikinamas, jei kreditoriai atšaukia reikalavimą parduoti daiktą iš varžytynių, jei panaikinamas nekilnojamojo daikto areštas arba atšaukiamas skolininko ar kreditoriaus likvidavimas.

5. Maksimali įsipareigojimų apsaugojimo suma negali būti didinama be toliau eilėje esančių to paties daikto hipotekos kreditorių sutikimo.

4.183 straipsnis. Bendroji hipoteka 1. Bendroji hipoteka – keleto atskiriems savininkams priklausančių nekilnojamųjų daiktų

įkeitimas, norint apsaugoti vieną skolinį įsipareigojimą. 2. Bendrąja hipoteka įkeisto daikto savininkas, norėdamas šį daiktą įkeisti dar kartą, turi

gauti rašytinį visų kitų bendrąja hipoteka įkeistų daiktų savininkų sutikimą. 3. Bendrosios hipotekos sutartyje turi būti nurodyta įkeistų daiktų pardavimo varžytynėse

eilė.

4.184 straipsnis. Sąlyginė hipoteka 1. Sąlyginė hipoteka – daikto įkeitimas, norint apsaugoti skolinio įsipareigojimo

įvykdymą, jeigu susitariama, kad hipoteka įsigalios nuo sutartyje numatytos sąlygos įvykdymo momento arba kad hipoteka galios tik iki to momento, kol bus vykdoma sutartyje numatyta sąlyga. Sąlyga gali būti nustatoma tiek kreditoriui, tiek skolininkui.

2. Kol sąlyga, lemianti hipotekos įsigaliojimą, neįvykdyta, hipoteką suinteresuotos šalies prašymu gali bet kuriuo momentu hipotekos teisėjas panaikinti.

3. Jeigu sąlyga, lemianti hipotekos pasibaigimą, nebevykdoma, suinteresuota šalis turi teisę kreiptis į hipotekos teisėją ir reikalauti, kad hipoteka būtų baigta.

ANTRASIS SKIRSNIS HIPOTEKOS ĮREGISTRAVIMAS

4.185 straipsnis. Hipotekos įforminimas ir įregistravimas 1. Hipotekos sutartis, įkeičiamo daikto savininko vienašalis pareiškimas įkeisti daiktą, taip

pat prašymas įregistruoti priverstinę hipoteką įforminami surašant hipotekos lakštą. Jeigu hipoteka sutartinė, hipotekos lakštą tvirtina notaras.

2. Hipotekos sutartį (lakštą) pasirašo skolininkas, kreditorius ir įkeičiamo daikto savininkas (kai skolininkas ir daikto savininkas ne tas pats asmuo). Jeigu daiktas įkeičiamas vienašaliu jo savininko pareiškimu, hipotekos lakštą pasirašo tik įkeičiamo daikto savininkas. Jeigu hipoteka priverstinė, hipotekos lakštą pasirašo kreditorius.

3. Hipoteka registruojama hipotekos registre hipotekos teisėjo sprendimu, pateikus hipotekos lakštą įkeisto daikto buvimo vietos hipotekos įstaigai.

4. Hipotekos pakeitimai įrašomi hipotekos lakšte ir registruojami hipotekos registre ta pačia tvarka kaip ir hipoteka.

5. Hipotekos registro duomenys yra vieši ir laikomi teisingais bei išsamiais, kol jie nenuginčyti įstatymų nustatyta tvarka.

4.186 straipsnis. Hipotekos lakšto turinys 1. Hipotekos lakšte turi būti nurodoma: sudarymo vieta ir data, skolininkas, kreditorius ir

įkeičiamo daikto savininkas (kai skolininkas ir daikto savininkas ne tas pats asmuo), jų gyvenamoji vieta (buveinė), įkeičiamas daiktas, jo įkainojimas ir buvimo vieta, įkeitimu užtikrinta prievolė, jos konkretus arba maksimalus dydis (kai hipoteka sutartinė) ir įvykdymo terminas. Prievolės dydis hipotekos lakšte nurodomas įskaitant palūkanas. Jeigu hipoteka priverstinė, hipotekos lakšte nurodomas jos nustatymo pagrindas.

2. Hipotekos lakšte gali būti papildomai nurodyti ir kiti duomenys.

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3. Jeigu hipotekos lakštą surašo įkeičiamo daikto savininkas vienašališkai, kreditorius gali būti nenurodytas. Šiuo atveju surašomas pareikštinis hipotekos lakštas, kuris jo turėtojo pageidavimu bet kuriuo momentu gali būti įformintas vardiniu hipotekos lakštu.

4.187 straipsnis. Hipotekos įsigaliojimo momentas Hipoteka įsigalioja nuo jos įregistravimo hipotekos registre momento, kai viešame registre

įrašomi atitinkami įrašai.

4.188 straipsnis. Hipotekos lakšto ir hipotekos registro duomenų neatitikimas Jeigu hipotekos lakšto tekstas nesutampa su hipotekos registro įrašu, sprendžiamąją galią

turi hipotekos registro įrašas. Šiuo atveju dėl hipotekos registro tvarkymo įstaigos kaltės patirtą žalą sąžiningam lakšto turėtojui atlygina valstybė įstatymų nustatyta tvarka.

TREČIASIS SKIRSNIS HIPOTEKOS PERLEIDIMAS IR ĮKEITIMAS

4.189 straipsnis. Hipotekos reikalavimo perleidimas 1. Kreditorius hipotekos reikalavimą ar jo dalį gali perleisti kitam asmeniui, jeigu

hipotekos sutartyje nenumatyta kitaip. Hipotekos reikalavimas perleidžiamas laikantis taisyklių, nustatytų šio kodekso šeštosios knygos normose, reglamentuojančiose reikalavimo teisės perleidimą.

2. Hipotekos reikalavimas perleidžiamas perduodant hipotekos lakštą indosamentu (hipotekos lakšto turėtojo įrašu, kuriuo hipotekos lakštas perduodamas kitam asmeniui). Jeigu perleidžiama hipotekos reikalavimo dalis, hipotekos lakšte nurodoma, kuris iš kreditorių saugo hipotekos lakštą.

3. Indosamentas turi būti įrašytas hipotekos lakšte, nurodant asmenį, kuriam perleidžiamas hipotekos reikalavimas, pasirašytas indosanto (hipotekos lakšto turėtojo) ir įregistruotas hipotekos registre.

4. Hipotekos reikalavimo perleidimas (hipotekos lakšto indosamentas) registruojamas hipotekos registre ta pačia tvarka kaip ir hipoteka.

4.190 straipsnis. Hipotekos kreditoriaus teisė perleisti savo eilės pirmumą patenkinti reikalavimą iš įkeisto daikto vertės kitam hipotekos kreditoriui

Kai daiktas įkeistas kelis kartus, bet kuris hipotekos kreditorius gali perleisti savo eilės pirmumą patenkinti reikalavimą iš įkeisto daikto vertės kitam to paties skolininko hipotekos kreditoriui. Tai įrašoma abiejuose hipotekos lakštuose. Jeigu kreditoriaus, perleidžiančio savo eilės pirmumą, reikalavimo suma yra mažesnė nei perėmėjo, būtinas tolesnės nei perleidėjo ir pirmesnės nei perėmėjo eilės kreditorių notarine tvarka patvirtintas sutikimas.

4.191 straipsnis. Hipotekos reikalavimo įkeitimas 1. Hipotekos kreditorius gali įkeisti hipotekos reikalavimą gaunamai ar gautai paskolai

apsaugoti tik tada, kai skolos grąžinimo terminas nėra ilgesnis už hipotekos lakšte nurodytą skolos grąžinimo terminą.

2. Hipotekos reikalavimas įkeičiamas šalių susitarimu, tai įrašant hipotekos lakšte, ir įsigalioja nuo šio susitarimo įregistravimo hipotekos registre. Susitarimas įforminamas kilnojamojo daikto įkeitimo lakštu.

KETVIRTASIS SKIRSNIS SKOLOS IŠIEŠKOJIMAS HIPOTEKOS KREDITORIAUS NAUDAI

4.192 straipsnis. Hipotekos kreditoriaus teisė kreiptis dėl skolos išieškojimo 1. Jei per hipotekos lakšte nustatytą terminą skolininkas įsipareigojimo neįvykdo,

hipotekos kreditorius gali įgyvendinti savo teises kreipdamasis į hipotekos teisėją ir prašydamas, kad įkeistas daiktas būtų parduotas iš viešųjų varžytynių ir iš gautų pinigų visiškai atlyginta jam priklausanti suma, kurią jis turi teisę gauti pirmiau už kitus kreditorius, arba kad jam būtų suteikta teisė pradėti administruoti įkeistą daiktą.

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2. Pagal hipotekos kreditoriaus kreipimąsi hipotekos teisėjui areštavus įkeistą daiktą ir įspėjus apie tai įkeisto daikto savininką, įkeisto daikto savininkas netenka teisės perleisti daiktą kitiems asmenims, taip pat įkeisti, išnuomoti, kitaip suvaržyti teisę į daiktą arba mažinti jo vertę.

3. Jeigu įkeistas daiktas buvo perduotas hipotekos kreditoriui administruoti ir jį administruojant paaiškėjo, kad negalima patenkinti hipoteka apsaugoto reikalavimo, hipotekos kreditorius gali kreiptis į hipotekos teisėją dėl įkeisto daikto pardavimo iš varžytynių.

4.193 straipsnis. Hipotekos kreditoriaus teisė patenkinti savo reikalavimą iš įkeisto daikto

1. Jei pardavus įkeistą daiktą varžytynėse gaunama mažesnė suma, nei priklauso kreditoriui, jis turi teisę reikalauti išieškoti iš kito skolininko turto bendra įstatymų nustatyta tvarka.

2. Jeigu daiktas įkeistas kelis kartus, hipotekos kreditorių reikalavimai patenkinami pagal jų prašymų įregistruoti hipoteką padavimo laiką eilės tvarka. Anksčiau padavęs prašymą įregistruoti hipoteką hipotekos kreditorius gali būti įpareigotas atlyginti vėliau padavusio prašymą įregistruoti hipoteką hipotekos kreditoriaus nuostolius, jeigu, paraginus pastarajam, anksčiau padavęs prašymą įregistruoti hipoteką hipotekos kreditorius neprotingai delsė įgyvendinti savo teises.

3. Jeigu įkeistas daiktas paimamas visuomenės poreikiams ar konfiskuojamas, hipotekos kreditoriaus reikalavimą patenkina atitinkamai naujasis daikto valdytojas ar valstybė, bet ne daugiau nei yra įkeisto daikto vertė.

4. Jeigu įkeistas daiktas pereina valstybės ar savivaldybės nuosavybėn paveldėjimo teise ar įkeistas bešeimininkis daiktas perduodamas teismo sprendimu valstybės arba savivaldybės nuosavybėn, hipotekos kreditoriaus reikalavimą patenkina valstybė ar savivaldybė, bet ne daugiau nei yra įkeisto daikto vertė.

4.194 straipsnis. Skolos išieškojimas parduodant varžytynėse jungtine hipoteka įkeistą daiktą

1. Jungtine hipoteka įkeistų daiktų pardavimo eilę nustato daiktų savininkas. 2. Pardavus jungtine hipoteka įkeistus daiktus viešose varžytynėse, skola išieškoma iš visų

parduotų daiktų vienu metu, o parduoti galima tik tiek, kiek reikia kreditoriaus reikalavimui patenkinti.

4.195 straipsnis. Skolos išieškojimas pardavus svetimo daikto hipoteka įkeistą daiktą 1. Įkeisto daikto savininkas atsako už skolininko įsipareigojimo įvykdymą tik įkeistu savo

daiktu. 2. Jeigu įkeisto daikto savininkas įvykdė skolininko įsipareigojimą arba jeigu jo daiktas

buvo parduotas iš viešųjų varžytynių, jis įgyja į skolininką atgręžtinio reikalavimo teisę dėl sumokėtos sumos ar dėl daikto praradimo patirtų nuostolių atlyginimo.

4.196 straipsnis. Teisė reikalauti patenkinti hipoteka apsaugotą reikalavimą prieš terminą

1. Hipotekos kreditorius turi teisę reikalauti patenkinti hipoteka apsaugotą reikalavimą prieš terminą ta pačia tvarka, kaip ir suėjus skolos grąžinimo terminui, jeigu:

1) kiti kreditoriai įstatymų numatytais atvejais reikalauja parduoti įkeistą daiktą iš varžytynių;

2) skolininkas mirė; 3) pradėta skolininko ar įkeisto daikto savininko (ne fizinio asmens) bankroto procedūra

arba priimtas sprendimas jį likviduoti; 4) įkeisto daikto vertė sumažėjo, o skolininkas neįvykdė įsipareigojimo dalies, kuria

sumažėjo daikto vertė, kai šios įsipareigojimo dalies nepadengė gauta draudimo suma; 5) įkeisto daikto draudimo sutartis nutraukta prieš terminą arba, pasibaigus draudimo

sutarčiai, daiktas nebeapdraudžiamas. 2. Jeigu įkeisto daikto vertė sumažėjo, o skolininkas neįvykdė įsipareigojimo dalies, kuria

sumažėjo daikto vertė, arba daiktas žuvo, kreditoriai turi teisę į daikto draudimo sumą, neviršijančią jų reikalavimų sumos, išmokamą tokia pat eile, kokia turėjo būti patenkinti jų

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reikalavimai. Gavus raštišką visų kreditorių sutikimą, draudimo suma gali būti išmokama įkeisto daikto savininkui.

PENKTASIS SKIRSNIS Hipotekos PABAIGA

4.197 straipsnis. Hipotekos pasibaigimo pagrindai ir momentas 1. Priverstinis įkeisto daikto realizavimas hipotekos kreditoriaus prašymu išlaisvina jį nuo

visų hipotekų. 2. Įkeisto daikto savininkas ar skolininkas gali reikalauti, kad hipoteka būtų baigta, jeigu: 1) yra įvykdytas skolinis įsipareigojimas; 2) daiktui panaikinama hipoteka; 3) hipotekos kreditorius arba hipotekos kreditoriaus buvimo vieta nežinoma dešimt metų

nuo skolos mokėjimo termino pabaigos. 3. Hipoteka gali baigtis hipotekos kreditoriaus ir skolininko susitarimu ar kai hipotekos

kreditorius hipotekos atsisako. 4. Jeigu suėjus skolos grąžinimo terminui hipotekos kreditorius atsisako priimti hipoteka

užtikrintos prievolės dalyką, skolininkas gali įmokėti atitinkamą sumą į hipotekos įstaigos depozito sąskaitą. Įmokėjus visą skolos sumą į depozito sąskaitą, hipoteka baigiasi.

5. Hipotekos pasibaigimo momentas yra jos išregistravimo iš hipotekos registro momentas.

XII SKYRIUS ĮKEITIMAS

4.198 straipsnis. Įkeitimo sąvoka 1. Įkeitimas – tai esamo ar būsimo skolinio įsipareigojimo įvykdymą užtikrinantis

kilnojamojo daikto ar turtinių teisių įkeitimas, kai įkeitimo objektas perduodamas kreditoriui, trečiajam asmeniui ar paliekamas įkaito davėjui. Įkaito davėjui paliktas įkeitimo objektas gali būti užrakinamas, užantspauduojamas ar pažymimas ženklais, rodančiais jo įkeitimą.

2. Pagal įkeitimą kreditorius (įkaito turėtojas) turi teisę, skolininkui neįvykdžius įkeitimu užtikrintos prievolės, patenkinti savo reikalavimą iš įkeisto daikto vertės pirmiau už kitus kreditorius.

4.199 straipsnis. Įkeitimo atsiradimo pagrindai 1. Įkeitimas atsiranda pagal sutartį arba įstatymą. Jeigu įkeitimas atsiranda pagal įstatymą,

tai įstatyme turi būti nurodyta, koks būtent turtas yra įkeičiamas. 2. Priverstiniam įkeitimui (kai įkeitimas atsiranda įstatymo ar teismo sprendimo pagrindu)

mutatis mutandis taikomos šios knygos normos, reglamentuojančios priverstinę hipoteką.

4.200 straipsnis. Įkeitimu užtikrinami reikalavimai 1. Įkeitimu gali būti užtikrintas bet kurios piniginės prievolės įvykdymas. 2. Įkeitimas yra pagrindinės prievolės išvestinė prievolė. Įkaito turėtojo teisės yra

išvestinės iš jo, kaip kreditoriaus, teisių ir šių teisių įgyvendinimas priklauso nuo įkeitimu užtikrintos prievolės likimo.

3. Jeigu ko kita nenurodyta sutartyje arba įstatyme, įkeitimu užtikrinamas toks reikalavimas, koks yra jo patenkinimo momentu, įskaitant palūkanas, netesybas, nuostolius, padarytus dėl prievolės įvykdymo termino praleidimo, taip pat būtinas išieškojimo išlaidas, kurios padengiamos pirmiausiai.

4.201 straipsnis. Įkeitimo objektas 1. Įkeitimo objektu gali būti kilnojamieji daiktai ir turtinės teisės. 2. Įkeitimo objektu negali būti tokie daiktai, į kuriuos pagal galiojančius įstatymus negali

būti nukreipiamas išieškojimas, taip pat kilnojamieji daiktai, įkeisti kartu su nekilnojamuoju daiktu šio kodekso 4.171 straipsnio 3 dalyje nustatyta tvarka.

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3. Jeigu įstatymai ar sutartis nenustato ko kita, daikto įkeitimas apima ir daikto priklausinius bei neatskirtus vaisius.

4. Daikto atsitiktinio žuvimo ar sugedimo rizika tenka įkaito davėjui, jeigu įstatymai ar sutartis nenustato ko kita.

5. Įstatymo numatytais atvejais įkeitimo objektu taip pat gali būti daiktai, kurie taps įkaito davėjo nuosavybe ateityje. Išieškojimas į tokius daiktus gali būti nukreiptas tik įkaito davėjui įgijus šiuos daiktus nuosavybės teise.

6. Įkeisti daiktą, kuris yra bendroji nuosavybė, galima tik rašytiniu visų bendraturčių sutikimu.

4.202 straipsnis. Prekių atsargų, esančių apyvartoje, įkeitimas Įkaito davėjas, įkeitęs esančias apyvartoje prekių atsargas (prekes, žaliavas, pusgaminius,

pagamintą produkciją), turi teisę keisti įkeistų prekių atsargų sudėtį ir formą su sąlyga, kad nemažės bendra jų vertė. Kai įkeistos prekės parduodamos įkaito davėjui vykdant jo steigimo dokumentuose nustatytą veiklą, prekių įkeitimas išnyksta, o įkaito davėjo įsigytos naujos prekių atsargos tampa įkeitimo objektu šių prekių įsigijimo nuosavybėn momentu.

4.203 straipsnis. Įkeisto daikto pakeitimas 1. Įkaito davėjas įkaito turėtojo (turėtojų) sutikimu gali pakeisti individualiais požymiais

apibūdintą daiktą, kuris yra įkeitimo objektas, kitu dar nė karto neįkeistu daiktu. 2. Šio straipsnio 1 dalyje nurodytu atveju pirmesnio daikto įkeitimas panaikinamas po to,

kai įforminamas naujo daikto įkeitimas.

4.204 straipsnis. Turtinės teisės, kaip įkeitimo objektas 1. Įkeitimo objektu gali būti teisės į žemę, mišką, kitus daiktus, t. y. naudojimo teisė,

nuomos teisė ir kitos turtinės teisės, išskyrus teises, susijusias su įkeičiamo daikto savininko asmenybe, taip pat teises, kurias perleisti draudžia įstatymai ar sutartis.

2. Įstatymų numatytais atvejais įkeitimo objektu taip pat gali būti turtinės teisės, kurias įkaito davėjas įgis ateityje.

3. Kai įkeičiamą turtinę teisę patvirtina vertybiniai popieriai ar specialūs dokumentai, jie perduodami įkaito turėtojui, jeigu įstatymai ar šalių susitarimas nenustato kitaip.

4.205 straipsnis. Įkeitimo objekto draudimas 1. Įstatymas ar sutartis gali numatyti pareigą apdrausti įkeistą (įkeičiamą) daiktą. 2. Sutartis taip pat gali numatyti įkaito davėjo (juridinio asmens) pareigą apdrausti

įkeitimo objektą likvidavimo ar nemokumo atveju. 3. Įvykus draudiminiam įvykiui, kreditorius, kurio reikalavimai užtikrinti įkeitimu, turi

pirmumo teisę (laikantis įkeitimo eilės, jei buvo keli įkeitimai) patenkinti savo reikalavimus iš draudimo atlyginimo sumos.

4.206 straipsnis. Įkaito davėjas 1. Įkaito davėju gali būti ir pats skolininkas, ir trečiasis asmuo. 2. Įkaito davėjas turi būti įkeičiamojo daikto savininkas arba asmuo, kuriam priklauso

turtinė teisė, esanti įkeitimo objektu, išskyrus atvejus, kada įstatymas nustato, kad įkeitimo objektas gali būti įgytas įkaito davėjo nuosavybėn ateityje.

3. Turtinė teisė, priklausanti keliems asmenims, gali būti įkeista tik jų visų rašytiniu sutikimu.

4. Teises, susijusias su daiktų nuoma (panauda), nuomininkas (panaudos gavėjas) gali įkeisti tik nuomotojo (panaudos davėjo) rašytiniu sutikimu.

4.207 straipsnis. Įkeitimo teisės išlikimas, įkeistojo daikto nuosavybės teisei perėjus kitam asmeniui

1. Įkeistojo daikto nuosavybės teisei perėjus iš įkaito davėjo kitam asmeniui, įkeitimo teisė lieka galioti, kai įkeitimo objektas buvo perduotas įkaito turėtojui arba kai įkeitimo lakštas buvo įregistruotas hipotekos registre, jeigu įstatymai nenustato kitaip. Ši taisyklė taip pat taikoma ir tais atvejais, kai įkeitimo objektas yra turtinės teisės.

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2. Įkeitimo teisė galioja visa ir tuo atveju, jeigu skolininkas prievolę įvykdo iš dalies.

4.208 straipsnis. Teisė tikrinti įkeitimo dalyką 1. Kreditorius turi teisę tikrinti įkeistų daiktų, kurios valdo įkaito davėjas, kiekį, būklę,

saugojimo sąlygas ir pan., jeigu sutartis nenumato ko kita. 2. Jeigu įkaito davėjas pažeidžia įkeisto daikto saugojimo sąlygas, vengia pateikti sužalotą

daiktą arba pateikti žuvusio daikto likučius, kreditorius turi teisę pareikalauti įvykdyti įkeitimu užtikrintą prievolę prieš terminą.

4.209 straipsnis. Įkeitimo sutarties ir įkeitimo objekto savininko vienašalio pareiškimo forma

1. Kai įkeitimo objektas perduodamas įkaito turėtojui, sudaroma rašytinė įkeitimo sutartis. Įkeitimo sutartis gali būti sudaroma kaip atskira sutartis, arba susitarimas dėl įkeitimo gali būti įtrauktas į sutartį, iš kurios kyla pagrindinė prievolė.

2. Kai įkeitimo objektas perduodamas trečiajam asmeniui arba paliekamas įkaito davėjui, įkeitimo sutartis ir įkeitimo objekto savininko vienašalis pareiškimas įkeisti daiktus ar turtines teises įforminami surašant įkeitimo lakštą, kuris tvirtinamas notaro ir registruojamas hipotekos registre.

3. Šio straipsnio 1 ir 2 dalyse numatytų taisyklių nesilaikymas įkeitimo sutartį daro negaliojančia.

4. Įkeitimo sutartį (lakštą) pasirašo įkaito davėjas, skolininkas, kreditorius ir asmuo, kuriam perduotas įkeitimo objektas. Jeigu įkeitimo objektas įkeičiamas vienašaliu jo savininko pareiškimu, įkeitimo lakštą pasirašo tik įkaito davėjas.

5. Daiktų įkeitimas gali būti atliekamas perduodant kreditoriui dokumentus, suteikiančius teisę į tą daiktą (konosamentus ir kt.).

4.210 straipsnis. Įkeitimo sutarties (lakšto) turinys 1. Įkeitimo sutartyje (lakšte) turi būti nurodoma: sudarymo vieta ir data, įkaito davėjas,

skolininkas, kreditorius ir asmuo, kuriam perduotas įkeitimo objektas, jų gyvenamoji vieta (buveinė), įkeičiamo daikto (turtinės teisės) aprašymas, įkainojimas ir buvimo vieta, įkeitimu užtikrinta prievolė (įskaitant palūkanas), jos konkretus arba maksimalus dydis ir įvykdymo terminas.

2. Įkeitimo sutartyje (lakšte) gali būti papildomai nurodyti ir kiti duomenys.

4.211 straipsnis. Paskesnis įkeitimas 1. Jeigu pirmesniu įkeitimu daiktas nebuvo perduotas įkaito turėtojui ir jeigu ko kita

nenumato įkeitimo lakštas, yra leidžiamas paskesnis įkeitimas, kai įkeitimo objektas įkaito turėtojui neperduodamas. Tokiais atvejais ankstesnis įkeitimas lieka galioti.

2. Įkaito davėjas privalo pranešti kiekvienam kreditoriui apie visus pirmesnius ir paskesnius įkeitimus, taip pat įkeitimu užtikrintas prievoles ir jų dydį. Įkaito davėjas privalo atlyginti nuostolius, kuriuos patiria bet kuris iš kreditorių dėl šios pareigos neįvykdymo.

4.212 straipsnis. Įkeitimo pirmumas 1. Jeigu dėl to paties įkeitimo objekto yra įregistruoti keli įkeitimo lakštai, pirmumas

suteikiamas reikalavimui, kuris yra užtikrintas pagal anksčiau paduotą prašymą įregistruotu įkeitimo lakštu.

2. Kreditoriaus, kuriam įkeitimo teisė atsirado vėliau, reikalavimas tenkinamas tik atlyginus įkeisto daikto pardavimo išlaidas ir visiškai patenkinus ankstesnio kreditoriaus reikalavimus.

4.213 straipsnis. Įkeitimo teisės atsiradimas Įkeitimo teisė atsiranda nuo įkeitimo sutarties sudarymo momento, kai įkeistas daiktas

perduodamas kreditoriui. Kai įkeistas daiktas paliekamas įkaito davėjui ar perduodamas trečiajam asmeniui, įkeitimo teisė atsiranda nuo įkeitimo įregistravimo hipotekos registre momento.

4.214 straipsnis. Asmens, kuriam perduotas įkeistas daiktas, pareigos

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Asmuo, kuriam perduotas įkeistas daiktas, privalo jį tinkamai laikyti. Jis atsako už šio daikto išsaugojimą, jeigu neįrodo, kad daiktas prarastas arba sužalotas ne dėl jo kaltės. Šis asmuo neturi teisės naudotis įkeistu daiktu, jeigu ko kita nenustato įstatymas arba sutartis.

4.215 straipsnis. Įkeisto daikto išreikalavimas Jeigu įkeistas daiktas nustojo būti valdomas įkaito turėtojo, įkaito davėjo ar trečiojo

asmens, kurio jis buvo valdomas, daiktą gali išreikalauti ir įkaito turėtojas ar trečiasis asmuo pagal šio kodekso 4.95–4.97 straipsnius.

4.216 straipsnis. Teisės nukreipti išieškojimą į įkeitimo objektą atsiradimas 1. Įkaito turėtojas įgyja teisę nukreipti išieškojimą į įkeitimo objektą, jeigu, suėjus

prievolės įvykdymo terminui, prievolė nėra įvykdyta, tačiau ne anksčiau kaip praėjus dvidešimčiai dienų po prievolės įvykdymo termino pabaigos. Šalių susitarimu gali būti nustatytas kitoks, tačiau ne trumpesnis kaip dešimties dienų, lengvatinis terminas.

2. Kreditorius turi teisę reikalauti, kad įkeitimu užtikrinta prievolė būtų įvykdyta prieš terminą, jeigu: į įkeistąjį daiktą nukreipia išieškojimą kitas asmuo; miršta įkaito davėjas arba pradedama įkaito davėjo (juridinio asmens) likvidavimo procedūra; įkeistas daiktas žuvo arba daugiau kaip trisdešimčia procentų sumažėjo jo vertė dėl priežasčių, nepriklausančių nuo įkaito davėjo; įkaito davėjas trukdo kreditoriui tikrinti įkeisto daikto būklę; pažeidžiamos sutarties sąlygos dėl paskesnio įkeitimo arba jeigu įkaito davėjas pažeidė kitas sutarties sąlygas ar atliko veiksmus, dėl kurių gali sumažėti įkeisto daikto vertė ar išieškojimas gali tapti neįmanomas.

4.217 straipsnis. Išieškojimo nukreipimas į įkeitimo objektą, susidedantį iš dviejų ar daugiau daiktų (turtinių teisių)

Jeigu įkeitimo objektą sudaro du ar daugiau daiktų (turtinių teisių), išieškojimas gali būti nukreipiamas į visus šiuos daiktus (turtines teises) arba į kiekvieną iš jų atskirai. Pasirinkimo teisė priklauso įkaito turėtojui iki visiško savo reikalavimo patenkinimo.

4.218 straipsnis. Pasekmės, atsirandančios, kai įkaito turėtojo reikalavimus patenkina trečiasis asmuo

Jeigu įkaito turėtojo reikalavimą visiškai patenkina trečiasis asmuo, tai jam kartu su reikalavimo teise pereina ir įkeitimo teisė.

4.219 straipsnis. Įkeistų daiktų išieškojimo tvarka 1. Kai skolininkas neįvykdo įkeitimo užtikrintos prievolės, kreditoriaus reikalavimas

patenkinamas iš įkeistojo daikto vertės, jeigu ko kita nenustato įstatymas ar sutartis. 2. Kreditorius privalo raštu įspėti skolininką ir įkaito davėją (kai įkaito davėjas yra ne

skolininkas), kad neįvykdžius įkeitimu užtikrintos prievolės per šio kodekso 4.216 straipsnyje nustatytą terminą, bus pradėtas išieškojimas. Jeigu įkeitimas įregistruotas hipotekos registre, rašytinis įspėjimas skolininkui įteikiamas per hipotekos įstaigą, kuri privalo apie tai informuoti kitus hipotekos registre įrašytus asmenis, turinčius teisę į daiktą, į kurį nukreipiamas išieškojimas.

3. Įkaito davėjas, gavęs įspėjimą dėl daikto išieškojimo, neturi teisės jo parduoti, išnuomoti ar kitaip suvaržyti teisės į jį. Įkeistas daiktas turi būti perduotas kreditoriui. Šiuo atveju kreditoriui taikoma 4.215 straipsnyje nustatyta tvarka.

4. Jeigu įkaito davėjas neperduoda kreditoriui įkeisto daikto, kreditorius gali kreiptis į hipotekos teisėją su prašymu areštuoti įkeistą daiktą ir perduoti jam.

5. Kreditorius parduoda įkeistą daiktą kreditoriaus, skolininko ir įkaito davėjo (kai įkaito davėjas yra ne skolininkas) sutartu būdu arba bendru sutarimu įkeistas daiktas perduodamas kreditoriaus nuosavybėn, o nesutarus – parduodamas aukcione. Jeigu daiktas įkeistas kelis kartus, jis gali būti perduotas vieno iš kreditorių nuosavybėn tik visiems kreditoriams susitarus. Kreditorius įkeistus vertybinius popierius realizuoja įstatymų nustatyta tvarka. Pardavus įkeistą daiktą, gautos lėšos pervedamos į hipotekos įstaigos depozitą ir paskirstomos Civilinio proceso kodekso nustatyta tvarka.

6. Jeigu sumos, gautos pardavus įkeistą daiktą, neužtenka įkaito turėtojo reikalavimui visiškai patenkinti, tai, jeigu įstatyme ar sutartyje nenurodyta kitaip, įkaito turėtojas turi teisę

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išieškoti trūkstamą sumą iš skolininko kito turto. Šiuo atveju įkaito turėtojas neturi pirmenybės prieš kitus kreditorius.

4.220 straipsnis. Įkeistų turtinių teisių realizavimas 1. Jeigu įkeitimo objektas yra turtinės teisės, tai įkeitimo objektas realizuojamas

perleidžiant kreditoriui įkaito davėjo reikalavimus, kylančius iš įkeistos teisės, arba reikalavimo dalį, atitinkančią skolinio įsipareigojimo dydį, jeigu skolinis įsipareigojimas mažesnis už reikalavimo teisę.

2. Kreditorius įgyja teisę reikalauti perduoti jam įkeistą teisę nuo to momento, kai jis įgyja teisę nukreipti išieškojimą į įkeitimo objektą.

4.221 straipsnis. Kreditoriaus reikalavimo iš įkeistų lėšų, esančių įkaito davėjo banko sąskaitoje, tenkinimo tvarka

1. Kai prievolės įvykdymui užtikrinti buvo įkeistos lėšos, esančios įkaito davėjo banko sąskaitoje, įteikus skolininkui įspėjimą dėl išieškojimo, įkaito davėjo rašytiniu pareiškimu, o jei jis nesutinka, hipotekos teisėjo sprendimu, kreditoriui perduodama teisė tvarkyti įkaito davėjo banko sąskaitą.

2. Patenkinus reikalavimą iš įkaito davėjo sąskaitoje esančių ir į ją įplaukiančių lėšų, kreditoriaus teisė tvarkyti įkaito davėjo sąskaitą pasibaigia ir kreditorius privalo grąžinti įkaito davėjui įkeitimo lakštą su įrašu, kad reikalavimas patenkintas.

4.222 straipsnis. Atsiskaitymai realizavus įkeistą daiktą 1. Jeigu realizavus įkeistą daiktą gauta suma viršija kreditoriaus reikalavimą, skirtumas

privalo būti išmokėtas įkaito davėjui. 2. Jeigu dėl kreditoriaus kaltės įkeistas daiktas buvo realizuotas mažesne kaina, įkaito

davėjas turi teisę iš kreditoriaus reikalauti daikto realios rinkos vertės ir kainos, už kurią daiktas buvo parduotas, skirtumo.

4.223 straipsnis. Įkeitimu užtikrinto reikalavimo ar iš įkeitimo atsiradusios reikalavimo teisės perleidimas

1. Sutartis dėl įkeitimu užtikrinto reikalavimo ar jo dalies perleidimo turi būti sudaroma laikantis taisyklių, nustatytų šio kodekso šeštosios knygos normose, nustatančiose reikalavimo teisės perleidimą. Apie reikalavimo perleidimą turi būti pranešama skolininkui, o jeigu įkaito davėjas yra trečiasis asmuo, – tai ir įkaito davėjui.

2. Iš registruoto įkeitimo atsiradusi reikalavimo teisė perleidžiama perduodant įkeitimo lakštą indosamentu. Reikalavimo teisės perleidimas registruojamas hipotekos registre ta pačia tvarka kaip ir įkeitimas.

4.224 straipsnis. Įkeitimo teisės pabaiga 1. Įkeitimo teisė baigiasi: 1) pasibaigus įkeitimu užtikrintai prievolei; 2) žuvus įkeistam daiktui; 3) įkaito turėtojui įgijus nuosavybės teisę į įkeistą daiktą arba įkeistoms teisėms perėjus

įkaito turėtojui; 4) pasibaigus teisės, esančios įkeitimo dalyku, galiojimo terminui; 5) kai kreditorius negali patenkinti savo reikalavimo iš įkeitimo dalyko dėl ieškinio

senaties termino praleidimo; 6) šalių susitarimu ar kreditoriui atsisakius įkeitimo. 2. Kai įkeistas turtas priverstinai parduodamas kreditoriaus, kuriam turtas įkeistas,

reikalavimu, visi turto įkeitimai panaikinami.

4.225 straipsnis. Įkaito davėjo interesų garantijos 1. Įkaito davėjas turi teisę bet kuriuo metu nuo termino prievolei įvykdyti suėjimo iki

įkeitimo dalyko realizavimo momento panaikinti įkeitimą tinkamai įvykdydamas įkeitimu užtikrintą prievolę.

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2. Jeigu įkeitimo užtikrinta prievolė gali būti įvykdyta dalimis, tai įkaito davėjas turi teisę sustabdyti įkeitimo dalyko išieškojimą įvykdydamas prievolės dalį, kurios įvykdymo terminas praleistas.

3. Įkaito davėjas turi teisę reikalauti, kad kreditorius atlygintų jo patirtus nuostolius, atsiradusius kreditoriui vykdant išieškojimą, taip pat nuostolius, kurie atsirado kreditoriui netinkamai laikant įkeitimo dalyką ar jį priverstinai pardavus.

4.226 straipsnis. Įkeitimo teisės pabaiga pinigus deponavus Jeigu įkaito turėtojas nesutinka priimti įkeitimu užtikrintos piniginės prievolės dalyko,

įkaito davėjas gali įmokėti atitinkamą sumą į notaro, banko ar kitos kredito įstaigos depozitinę sąskaitą, o kai įkeitimas įregistruotas hipotekos registre, - į hipotekos įstaigos depozitinę sąskaitą. Deponavus visą skolos sumą, įkeitimo teisė baigiasi.

4.227 straipsnis. Įkeitimo lombarde sąvoka 1. Lombarduose gali būti įkeičiami asmeninio naudojimo daiktai, kad būtų užtikrintas

trumpalaikių kreditų, kuriuos lombardai suteikia fiziniams asmenims, grąžinimas. 2. Perdavus lombardui įkeičiamus daiktus, įkaito davėjui išduodamas įkeitimo bilietas.

4.228 straipsnis. Lombardo teisės, pareigos ir atsakomybė 1. Lombardas neturi teisės naudoti įkeistų daiktų bei jais disponuoti, išskyrus šio straipsnio

3 dalyje numatytą atvejį. 2. Lombardas atsako už įkeistų daiktų praradimą (žuvimą) ir sužalojimą, jeigu neįrodo,

kad daiktai prarasti (žuvo) arba sužaloti dėl nenugalimos jėgos. 3. Jeigu per nustatytą terminą lombardui negrąžinama daikto įkeitimu užtikrinta kredito

suma, lombardas turi teisę pasibaigus vieno mėnesio terminui parduoti įkeistą daiktą šio kodekso 4.219 straipsnio 2 ir 5 dalyse, 4.222 ir 4.225 straipsniuose nustatyta tvarka.

4. Pardavus įkeistą daiktą, lombardo reikalavimo teisė įkaito davėjui (skolininkui) pasibaigia net ir tuo atveju, jeigu sumos, gautos pardavus daiktą, neužteko visiškai patenkinti lombardo, kaip kreditoriaus, reikalavimus.

XIII SKYRIUS DAIKTO SULAIKYMAS

4.229 straipsnis. Daikto sulaikymo teisės turinys 1. Kitam asmeniui priklausančio daikto teisėtas valdytojas, turintis reikalavimo teisę į

daikto savininką, gali sulaikyti jo daiktą tol, kol bus patenkintas reikalavimas. 2. Sulaikymo teisė negali būti įgyvendinama, jeigu nėra suėjęs reikalavimo įvykdymo

terminas. 3. Kiti įstatymai gali nustatyti kitokias daikto sulaikymo taisykles.

4.230 straipsnis. Daikto sulaikymo teisės nedalumas Daikto sulaikymo teisė nedaloma, todėl valdytojas gali sulaikyti visą valdomą daiktą, kol

bus visiškai patenkintas jo reikalavimas.

4.231 straipsnis. Teisė į sulaikyto daikto vaisius 1. Daikto sulaikymo teisę turintis asmuo gali pasilikti sulaikyto daikto duodamus vaisius ir

tuo patenkinti savo reikalavimus pirmiau už kitus kreditorius. 2. Iš lėšų už daikto duodamus vaisius pirmiausiai sumokamos palūkanos, po to tenkinami

reikalavimai, kylantys iš pagrindinės prievolės.

4.232 straipsnis. Sulaikyto daikto laikymo sąlygos 1. Daikto sulaikymo teisę turintis asmuo privalo daiktą saugoti ir laikyti taip, kad būtų

užtikrintas jo saugumas.

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2. Sulaikyto daikto sulaikymo teisę turintis asmuo negali išnuomoti, įkeisti, kitaip daikto suvaržyti ar naudoti pagal tikslinę paskirtį, išskyrus tokį naudojimą, kuris būtinas daiktui išsaugoti, jeigu įstatymas nenustato ar daiktą sulaikęs asmuo ir daikto savininkas nesusitarė kitaip.

3. Jeigu daikto sulaikymo teisę turintis asmuo pažeidžia šio straipsnio 1 ir 2 dalyse nustatytas pareigas, skolininkas turi teisę kreiptis į teismą su prašymu perduoti daiktą jam.

4.233 straipsnis. Išlaidų, susijusių su daikto sulaikymu, atlyginimas 1. Jeigu daikto sulaikymo teisę turintis asmuo turėjo sulaikyto daikto išlaikymo išlaidų, jis

gali reikalauti iš daikto savininko atlyginti šias išlaidas, išskyrus atvejus, kai savininkas įrodo, kad tos išlaidos nebuvo būtinos.

2. Jeigu daikto sulaikymo teisę turintis asmuo daikto sulaikymo laikotarpiu padaro išlaidų, kurios padidina daikto vertę, jis gali reikalauti iš daikto savininko sumokėti pinigų sumą, kuria padidėjo daikto vertė, arba kitaip atlyginti šias išlaidas.

4.234 straipsnis. Ieškinio senatis sulaikymo atveju Daikto sulaikymo teisės įgyvendinimas neturi įtakos ieškinio senačiai, nustatytai

reikalavimui, kurio teisę turi daikto valdytojas.

4.235 straipsnis. Sulaikymo teisės pabaiga 1. Skolininkas, pateikęs adekvatų savo prievolės įvykdymo užtikrinimą, turi teisę

reikalauti, kad daiktas būtų perduotas jam. 2. Daikto sulaikymo teisė baigiasi, kai valdytojas praranda valdymo teisę, išskyrus atvejus,

kai daikto savininkui (skolininkui) sutikus daiktas išnuomojamas arba įkeičiamas kitiems asmenims.

XIV SKYRIUS KITO ASMENS TURTO ADMINISTRAVIMAS

4.236 straipsnis. Turto administravimo normų taikymo sritis 1. Šio skyriaus normos reglamentuoja kiekvieno asmens, kuris administruoja kitam

asmeniui nuosavybės teise priklausantį turtą, veiklą, išskyrus atvejus, kai šis kodeksas arba kiti įstatymai nustato kitokį turto administravimo būdą.

2. Administravimas nustatomas teismo nutartimi, įstatymu arba sandoriu. Šio kodekso numatytais atvejais administravimas gali būti nustatomas administraciniu aktu.

3. Nekilnojamojo daikto administravimo faktas registruojamas viešame registre ir nurodomas jo administratorius.

4.237 straipsnis. Turto administratorius 1. Turto administratoriumi gali būti fizinis ar juridinis asmuo, kuriam teisės aktai leidžia

teikti turto administravimo paslaugas. 2. Administratorius, sudarydamas sandorius, privalo nurodyti, kad jis veikia kaip

administratorius.

4.238 straipsnis. Turto administratoriaus teisė į atlyginimą 1. Turto administratorius turi teisę į atlyginimą, nustatytą administravimą nustatančiame

akte, išskyrus atvejus, kai pagal įstatymą administravimas yra nemokamas. Jeigu akte, nustatančiame administravimą, atlyginimo dydis nenustatytas, jį nustato teismas, atsižvelgdamas į administratoriaus teikiamų paslaugų rinkos vertę.

2. Jeigu su administratoriumi laiku neatsiskaitoma, jis turi teisę iš naudos gavėjui grąžintinų lėšų pasilikti sau sumą, kaip užmokestį už atliktas administravimo paslaugas, arba, kol bus su juo atsiskaityta, turi teisę sulaikyti turtą.

3. Jeigu yra keli naudos gavėjai, jie dėl atlyginimo išmokėjimo administratoriui atsako solidariai.

4. Asmuo, administruojantis turtą be teisinio pagrindo, neturi teisės į atlyginimą.

4.239 straipsnis. Turto administravimo rūšys

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1. Skiriami turto paprastasis administravimas, kai administratorius atlieka visus veiksmus, būtinus turtui išsaugoti arba jo naudojimui pagal tikslinę paskirtį užtikrinti, ir turto visiškas administravimas, kai administratorius ne tik turi išsaugoti turtą, bet taip pat privalo jį gausinti, tvarkyti taip, kad jis duotų pajamų, bei naudoti tokiam tikslui, kuris yra palankiausias naudos gavėjui.

2. Administravimo rūšis nustatoma administravimą nustatančiame akte. Jeigu administravimą nustatančiame akte administravimo rūšis nenustatyta, laikoma, kad tai paprastasis administravimas.

4.240 straipsnis. Turto paprastojo administravimo turinys 1. Turto paprastojo administravimo atveju administratorius privalo priimti turto duodamus

vaisius ir pajamas, registruoti skolas ir jas apmokėti iš administruojamo turto, taip pat įgyvendinti kitas teises, susijusias su turto valdymu ir naudojimu. Iš administruojamo turto gaunamas lėšas administratorius turi teisę saugiai investuoti pagal šio skyriaus normas.

2. Jeigu administruojami vertybiniai popieriai, administratorius turi teisę balsuoti, taip pat kitas su vertybiniais popieriais susijusias teises ir pareigas.

3. Administratorius neturi teisės keisti turto tikslinės paskirties, išskyrus atvejus, kai tokiems veiksmams leidimą išduoda teismas.

4. Teismui leidus, administratorius gali turtą perleisti kitiems asmenims atlygintinai arba jį įkeisti, jeigu tai yra būtina skoloms apmokėti arba turto vertei išlaikyti. Greitai gendantį turtą administratorius gali realizuoti be teismo leidimo.

4.241 straipsnis. Turto visiško administravimo turinys Turto visiško administravimo atveju administratorius, be šio kodekso 4.240 straipsnyje

numatytų teisių, taip pat gali perleisti turtą, jį investuoti, įkeisti ar kitaip suvaržyti teisę į jį, ar keisti jo tikslinę paskirtį.

4.242 straipsnis. Turto administratoriaus prievolės naudos gavėjui 1. Administratorius, vykdydamas savo prievoles, turi laikytis įstatymų ir administravimą

nustatančio akto nustatytų taisyklių. Administratorius neatsako už turto normalų nusidėvėjimą, taip pat už turto vertės sumažėjimą ar turto žuvimą dėl nenugalimos jėgos.

2. Administratorius savo prievoles privalo vykdyti apdairiai, sąžiningai ir tik naudos gavėjo interesais. Administratorius negali jam suteiktų teisių panaudoti savo asmeniniams poreikiams ar trečiųjų asmenų poreikiams tenkinti.

3. Jeigu administratorius taip pat yra ir naudos gavėjas, jis privalo atlikti savo pareigas atsižvelgdamas į bendrus visų naudos gavėjų interesus, veikdamas nešališkai ir vienodai gerbdamas bei saugodamas visų jų teises.

4. Administratorius turi teisę pareikšti su turto administravimu susijusius ieškinius, taip pat įstoti į kitų asmenų pradėtą bylą, susijusią su administruojamu turtu.

5. Teismas, nustatydamas administratoriaus civilinės atsakomybės už padarytą žalą dydį, gali, atsižvelgdamas į tai, kad administratorius veikė neatlygintinai, bei į kitas svarbias aplinkybes, atlygintinų nuostolių dydį sumažinti.

4.243 straipsnis. Draudimai turto administratoriui 1. Administratoriui draudžiama panaudoti savo funkcijas asmeniniams interesams. Apie

kiekvieną interesų konfliktą administratorius privalo nedelsdamas pranešti naudos gavėjui. 2. Administratorius neturi teisės sujungti ar sumaišyti administruojamo turto su savo turtu,

naudoti administruojamo turto ar informacijos, susijusios su turto administravimu, savo interesams, išskyrus atvejus, kai tai leidžia daryti naudos gavėjas ar administravimą nustatęs aktas.

3. Administratorius neturi teisės perleisti administruojamo turto neatlygintinai kitiems asmenims, taip pat negali atsisakyti teisių, kurias naudos gavėjas turi į administruojamą turtą.

4. Administratorius neturi teisės administruojamo turto įsigyti nuosavybėn, išskyrus atvejus, kai tai leidžia naudos gavėjas ar teismas arba kai administruojamą turtą jis paveldi.

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4.244 straipsnis. Turto administratoriaus ir naudos gavėjo prievolės kitiems asmenims

1. Administratorius nėra asmeniškai atsakingas tretiesiems asmenims pagal prievoles, kurios atsirado administruojant turtą, išskyrus atvejus, kai jis veikė savo vardu.

2. Administratorius asmeniškai atsakingas tretiesiems asmenims, jeigu jis viršijo savo įgaliojimus, išskyrus atvejus, kai naudos gavėjas sandorį vėliau patvirtino ar trečiasis asmuo žinojo, kad administratorius veikdamas viršijo savo įgaliojimus.

3. Naudos gavėjas atsako tretiesiems asmenims už administratoriaus kaltais veiksmais vykdant funkcijas padarytą žalą tik ta suma, kurią jis gavo iš administratoriaus.

4. Pripažįstama, kad administratorius viršijo savo įgaliojimus, jeigu jis vienas atliko tokius veiksmus, kuriuos galėjo atlikti tik su kitu asmeniu, išskyrus atvejus, kai tokius veiksmus jis atliko naudingiau, nei iš jo buvo reikalaujama.

4.245 straipsnis. Administruojamo turto aprašo sudarymas ir draudimas 1. Administratorius privalo sudaryti turto aprašą, apdrausti turtą nuo vagystės, gaisro ar

kitų gaivalinių nelaimių, apdrausti savo civilinę atsakomybę ar kitaip užtikrinti prievolių įvykdymą tik tais atvejais, kai tai nustato įstatymas, administravimą nustatantis aktas ar teismo sprendimas. Ir turtas, ir administratoriaus civilinė atsakomybė draudžiami naudos gavėjo lėšomis, jeigu nenustatyta kitaip.

2. Jeigu administratorius privalo sudaryti turto aprašą, šiame apraše turi būti nurodyta: 1) daiktų rūšis, jų vertė, paskirtis, buvimo vieta ir individualūs požymiai; 2) vertybiniai popieriai ir grynieji pinigai; 3) su turtu susijusios teisės ir prievolės. 3. Preziumuojama, kad turto apraše nurodytas turtas akto sudarymo dieną yra tinkamos

kokybės, jeigu neįrodyta kitaip. 4. Aprašą administratorius pateikia jį paskyrusiam asmeniui ar institucijai, o akto kopijas –

naudos gavėjui ir kitiems administratoriui žinomiems su administruojamu turtu susijusiems suinteresuotiems asmenims. Kiekvienas suinteresuotas asmuo turi teisę ginčyti turto aprašą ir reikalauti atlikti turto inventorizaciją iš naujo.

4.246 straipsnis. Bendras turto administravimas 1. Kai turtą administruoja keli administratoriai, visus su turto administravimu susijusius

sprendimus priima administratorių dauguma, jeigu pagal įstatymą ar administravimo nustatymo aktą nereikia visų administratorių bendro sprendimo.

2. Jeigu keli administratoriai vengia priimti sprendimą, kiti gali kreiptis į teismą leidimo veikti pavieniui ar pakeisti sprendimų priėmimo tvarką.

3. Preziumuojama, kad priimant sprendimą nedalyvavęs administratorius pritaria sprendimui, jeigu jis, sužinojęs apie sprendimą, per normaliai reikalingą terminą nepareiškia naudos gavėjui ir kitiems administratoriams, kad nesutinka su sprendimu.

4. Administratorius kitiems asmenims arba savo atstovui gali pavesti atlikti tik atskirus veiksmus. Vykdyti visas savo funkcijas administratorius gali pavesti tik kitiems administratoriams. Už tokių asmenų atliktus veiksmus atsako pats administratorius.

4.247 straipsnis. Administratorių atsakomybė turto bendro administravimo atveju 1. Visi administratoriai už veiklos pasekmes atsako solidariai, išskyrus atvejus, kai jų

pareigos buvo paskirstytos pagal įstatymą, teismo sprendimą ar administravimo nustatymo aktą. Tokiu atveju kiekvienas administratorius atsako tik už savo veiksmus.

2. Administratorius atleidžiamas nuo atsakomybės už priimtą sprendimą, jeigu nedelsdamas pareiškia kitiems administratoriams, kad nesutinka su priimtu sprendimu, ir informuoja apie tai naudos gavėją. Administratorius gali būti atleistas nuo atsakomybės, jeigu įrodo, kad, pareiškęs kitiems administratoriams apie nesutikimą su priimtu sprendimu, dėl svarbių priežasčių negalėjo apie tai informuoti naudos gavėjo.

3. Administratoriai atsako naudos gavėjui už savo veiksmus, o tais atvejais, kai paveda tuos veiksmus atlikti kitiems asmenims, – ir už tų asmenų, kuriems buvo pavedę juos atlikti, veiksmus.

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4.248 straipsnis. Administruojamo turto investavimas 1. Administruojamas turtas investuojamas naudos gavėjo vardu, jeigu kitaip nenustato

įstatymas ar administravimo nustatymo aktas. 2. Preziumuojama, kad administratorius turtą investavo saugiai, jeigu: 1) turtas investuotas į nekilnojamuosius daiktus; 2) turtas investuotas į valstybės vertybinius popierius. 3. Nesaugiai investavęs turtą administratorius atsako už visus nuostolius.

4.249 straipsnis. Iš administruojamo turto gautų pajamų naudojimas ir apskaita 1. Iš administruojamo turto gautų pajamų administratorius turi teisę: 1) sumokėti draudimo įmokas, susijusias su administruojamu turtu; 2) apmokėti turto remonto ir išlaikymo išlaidas; 3) sumokėti turto mokesčius; 4) panaudoti dalį turto amortizaciniams atskaitymams; 5) vykdyti kitas su turto administravimu susijusias prievoles. 2. Administratorius privalo tvarkyti pajamų ir išlaidų apskaitą. Pasibaigus kalendoriniams

metams, administratorius privalo pateikti detalią savo veiklos ataskaitą. Jeigu yra keli turto administratoriai, jie privalo parengti bendrą ataskaitą, išskyrus atvejus, kai jų teisės buvo padalytos.

3. Administratorius privalo leisti naudos gavėjui tikrinti sąskaitas ir kitus finansinės atskaitomybės dokumentus. Kiekvienas suinteresuotas asmuo gali kreiptis į teismą ir reikalauti paskirti administratoriaus veiklos ir pateiktos ataskaitos auditą.

4.250 straipsnis. Turto administravimo pabaiga Turto administravimas baigiasi: 1) pasibaigus naudos gavėjo teisėms į administruojamą turtą; 2) pasibaigus administravimo terminui ar įvykus sąlygai, numatytai administravimo

nustatymo akte; 3) išnykus priežastims, dėl kurių buvo nustatymas administravimas, arba pasiekus tikslą,

kuriam buvo nustatytas administravimas; 4) panaikinus turto administravimą.

4.251 straipsnis. Turto administratoriaus įgaliojimų pabaiga 1. Turto administratoriaus įgaliojimai baigiasi: 1) administratoriui mirus, likvidavus administratorių juridinį asmenį ar iškėlus jam

bankroto bylą; 2) administratoriui atsisakius įgaliojimų; 3) administratorių pripažinus neveiksniu ar ribotai veiksniu; 4) pakeitus vieną administratorių kitu; 5) panaikinus administravimą. 2. Administratorius gali atsisakyti savo įgaliojimų. Apie tai prieš mėnesį jis turi pranešti jį

paskyrusiam asmeniui ar institucijai, naudos gavėjui ir kitiems administratoriams, jeigu administratoriai yra keli.

3. Administratorius, kuris laiku nepranešė apie savo atsistatydinimą, turi atlyginti dėl atsistatydinimo atsiradusius nuostolius, išskyrus atvejus, kai pranešti jis negalėjo dėl svarbių priežasčių.

4. Naudos gavėjas ar kitas suinteresuotas asmuo gali reikalauti pakeisti administratorių, jeigu šis netinkamai vykdo savo funkcijas.

5. Mirus administratoriui, jo įpėdiniai nedelsdami turi apie tai pranešti administratorių paskyrusiam asmeniui ar institucijai ir naudos gavėjui. Iki naujo administratoriaus paskyrimo jo įpėdiniai pagal galimybes privalo saugoti turtą.

4.252 straipsnis. Turto administravimo pabaigos pasekmės 1. Pasibaigus administravimui, administratorius turi pateikti ataskaitą jį paskyrusiam

asmeniui (institucijai), naudos gavėjui, taip pat kitiems administratoriams, perduoti turtą jo buvimo vietoje bei grąžinti viską, ką gavo vykdydamas pareigas, išskyrus atlyginimą už administravimą.

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2. Jeigu administratorius sudaro sandorį po administravimo panaikinimo apie administravimo panaikinimą nežinodamas ir negalėdamas žinoti, toks sandoris galioja ir yra privalomas naudos gavėjui. Ta pati taisyklė taikoma ir sandoriams, kurie buvo būtini administruojamam turtui išsaugoti. Naudos gavėjui taip pat privalomi sandoriai, kuriuos tretieji asmenys su administratoriumi sudarė nežinodami ir negalėdami žinoti apie administravimo pabaigą.

XV SKYRIUS DAIKTŲ, DAIKTINIŲ TEISIŲ IR JURIDINIŲ FAKTŲ REGISTRAVIMAS

4.253 straipsnis. Registravimo objektai 1. Registruojami daiktai – nekilnojamieji daiktai ir pagal prigimtį kilnojamieji daiktai,

kurie yra suformuoti įstatymo nustatyta tvarka ir kurių įgijimo ir perleidimo pagrindų registravimą nustato teisės aktai.

2. Šio straipsnio 1 dalyje nurodyti daiktai, teisių į juos suvaržymai, daiktinės teisės, o įstatymų numatytais atvejais – ir juridiniai faktai, turi būti registruojami viešame registre.

4.254 straipsnis. Registruojami juridiniai faktai Viešame registre turi būti registruojami su daiktais, teisių į juos suvaržymais bei

daiktinėmis teisėmis susiję šie juridiniai faktai: 1) sandoriai ir sprendimai, kuriais keičiamas registruojamo daikto teisinis statusas ar iš

esmės keičiamos jo valdymo, naudojimo ir disponavimo juo galimybės; 2) registruojamo daikto bendraturčių sutartys dėl bendro daikto; 3) registruoto daikto paveldėjimas; 4) registruoto daikto areštas; 5) registruoto daikto (dydžio, paskirties ir pan.) ir daiktines teises į jį turinčių asmenų

pavardės, juridinių asmenų pavadinimo pasikeitimai; 6) civilinės bylos dėl registruojamo daikto teisinio statuso iškėlimo faktas; 7) įsiteisėję teismo sprendimai, turintys įtakos registruojamo daikto teisiniam statusui, bei

atitinkamos teismo nutartys; 8) turto administravimo faktas; 9) naujo daikto suformavimo ar buvusio daikto išnykimo faktas.

4.255 straipsnis. Juridinių faktų registravimo viešame registre teisiniai pagrindai Juridinių faktų įvykimą patvirtinantys dokumentai, kuriais remiantis šie juridiniai faktai

registruojami viešame registre, yra: 1) valstybės valdžios ar valdymo institucijos sprendimas; 2) teismo sprendimas, nutartis, nutarimas, nuosprendis; 3) įstatymų nustatytų institucijų ar pareigūnų sprendimas areštuoti turtą; 4) turto savininko santuokos, ištuokos, vardo, pavardės pakeitimo, mirties liudijimas; 5) paveldėjimo teisės liudijimas; 6) teismo pranešimas apie civilinės bylos dėl registruojamo turto teisinio statuso iškėlimą; 7) rašytiniai sandoriai; 8) turto pardavimo varžytynėse, aukcione sutartis (aktas); 9) kiti įstatymų nustatyti dokumentai.

4.256 straipsnis. Prašymai įregistruoti daiktus, teisių į juos suvaržymus, daiktines teises ar juridinius faktus

1. Asmuo, norintis įregistruoti daiktą, teisių į jį suvaržymus, daiktines teises ar juridinius faktus, viešo registro tvarkytojui paduoda nustatytos formos prašymą.

2. Prašymą įregistruoti daiktą ir nuosavybės teises į jį paduoda daiktą įgijęs asmuo, o registruojant daiktines teises į svetimą daiktą, taip pat teisių į daiktus suvaržymus – šių teisių turėtojas arba asmuo, suinteresuotas jų įregistravimu. Prašymą įregistruoti juridinius faktus paduoda įgaliota institucija ar suinteresuotas jų įregistravimu asmuo. Prašymą asmuo paduoda pats arba per savo atstovą, turintį įstatymų nustatyta tvarka išduotą įgaliojimą.

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3. Kartu su prašymu įregistruoti turi būti pateikiami daikto įgijimą nuosavybėn, teisių į jį suvaržymus, daiktinių teisių buvimą ar juridinių faktų įvykimą patvirtinantys dokumentai.

4. Dokumentus priėmęs registro tvarkytojas privalo išduoti jų pridavimą patvirtinantį dokumentą dokumentus pridavusiam asmeniui, jei šis asmuo pageidauja.

4.257 straipsnis. Prašymo įregistruoti daiktus, teisių į juos suvaržymus, daiktines teises ar juridinius faktus nagrinėjimas ir sprendimo priėmimas

1. Prašymą įregistruoti daiktus, teisių į juos suvaržymus, daiktines teises ar juridinius faktus nagrinėja ir sprendimus priima viešo registro tvarkytojas. Kai prašymas išnagrinėjamas, gali būti priimami šie sprendimai: prašymą tenkinti – įregistruoti daiktus, teisių į juos suvaržymus, daiktines teises ar juridinius faktus – arba prašymą atmesti – atsisakyti įregistruoti daiktus, teisių į juos suvaržymus, daiktines teises ar juridinius faktus. Įstatymo numatytais atvejais viešo registro tvarkytojas gali atidėti sprendimo priėmimą, nurodydamas aplinkybes, kurios trukdo įregistruoti, ir nustatydamas terminą šioms aplinkybėms pašalinti.

2. Priėmus sprendimą įregistruoti daiktus, teisių į juos suvaržymus, daiktines teises ar juridinius faktus, išduodami dokumentai, patvirtinantys jų įregistravimą viešame registre.

3. Atlyginimą už daiktų, teisių į juos suvaržymų, daiktinių teisių ir juridinių faktų įregistravimą nustato teisės aktai.

4.258 straipsnis. Įregistravimo ar atsisakymo įregistruoti daiktus, teisių į juos suvaržymus, daiktines teises ir juridinius faktus apskundimas

Įregistravimą ar atsisakymą įregistruoti daiktus, teisių į juos suvaržymus, daiktines teises ir juridinius faktus suinteresuoti asmenys gali įstatymų nustatyta tvarka apskųsti teismui.

4.259 straipsnis. Daiktų, teisių į juos suvaržymų, daiktinių teisių ir juridinių faktų įregistravimo momentas

Daiktai, teisių į juos suvaržymai, daiktinės teisės ir juridiniai faktai laikomi įregistruotais, kai atitinkami duomenys teisės aktų nustatyta tvarka įrašomi viešame registre.

4.260 straipsnis. Žalos, atsiradusios dėl viešo registro tvarkytojo kaltės, atlyginimas 1. Dėl viešo registro tvarkytojo kaltės atsiradusi žala atlyginama įstatymų nustatyta tvarka.

Asmuo dėl žalos atlyginimo į viešo registro tvarkytoją turi kreiptis ne vėliau kaip per vieną mėnesį nuo sužinojimo apie nuostolių atsiradimą dienos.

2. Viešo registro tvarkytojas už asmenų patirtą žalą neatsako esant bendriems atleidimo nuo civilinės atsakomybės pagrindams, taip pat tais atvejais, kai žalą patyrę asmenys:

1) pateikė registro tvarkytojui neteisingus duomenis; 2) per vieną mėnesį nuo sužinojimo apie netikslų ar neteisingą įrašą viešame registre

nesiėmė įstatymų nustatytų priemonių pažeistoms teisėms apginti. 3. Ginčus dėl žalos atlyginimo sprendžia teismas.

4.261 straipsnis. Teisė naudotis viešo registro duomenimis Kiekvienas fizinis ar juridinis asmuo turi teisę naudotis viešo registro duomenimis,

išskyrus įstatymų nustatytus apribojimus. Atlyginimo už naudojimąsi viešo registro duomenimis tvarką ir dydį nustato Vyriausybė.

4.262 straipsnis. Registro duomenų teisinis statusas Įrašyti į viešą registrą duomenys laikomi teisingais ir išsamiais, kol nenuginčijami

įstatymų nustatyta tvarka.

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PENKTOJI KNYGA PAVELDĖJIMO TEISĖ

I SKYRIUS BENDROSIOS NUOSTATOS

5.1 straipsnis. Paveldėjimo samprata 1. Paveldėjimas – tai mirusio fizinio asmens turtinių teisių, pareigų ir kai kurių asmeninių

neturtinių teisių perėjimas jo įpėdiniams pagal įstatymą arba (ir) įpėdiniams pagal testamentą. 2. Paveldimi materialūs dalykai (nekilnojamieji ir kilnojamieji daiktai) ir nematerialūs

dalykai (vertybiniai popieriai, patentai, prekių ženklai ir kt.), palikėjo turtinės reikalavimo teisės ir palikėjo turtinės prievolės, įstatymų numatytais atvejais intelektinė nuosavybė (autorių turtinės teisės į literatūros, mokslo ir meno kūrinius, gretutinės turtinės teisės bei teisės į pramoninę nuosavybę) ir kitos įstatymų nustatytos turtinės teisės bei pareigos.

3. Nepaveldimos asmeninės neturtinės ir turtinės teisės, neatskiriamai susijusios su palikėjo asmeniu (teisė į garbę ir orumą, autorystė, teisė į autorinį vardą, į kūrinio neliečiamybę, į atlikėjo vardą ir atlikimo neliečiamybę), teisė į alimentus ir pašalpas, mokamas palikėjui išlaikyti, teisė į pensiją, išskyrus įstatymų nustatytas išimtis.

5.2 straipsnis. Paveldėjimo pagrindai 1. Paveldima pagal įstatymą ir pagal testamentą. 2. Pagal įstatymą paveldima, kada tai nepakeista ir kiek nepakeista testamentu. 3. Jeigu nėra įpėdinių nei pagal įstatymą, nei pagal testamentą arba nė vienas įpėdinis

nepriėmė palikimo, arba testatorius iš visų įpėdinių atėmė teisę paveldėti, mirusiojo turtas paveldėjimo teise pereina valstybei.

5.3 straipsnis. Palikimo atsiradimas 1. Palikimo atsiradimo laiku laikomas palikėjo mirties momentas, o tuo atveju, kai jis

paskelbiamas mirusiu, – diena, kurią įsiteisėjo teismo sprendimas paskelbti palikėją mirusiu, arba teismo sprendime nurodyta mirties diena.

2. Jeigu negalima nustatyti, kuris iš dviejų ar daugiau asmenų mirė pirmiau, visi jie laikomi mirusiais tuo pačiu metu ir teisių perėmimo tarp jų neatsiranda.

5.4 straipsnis. Palikimo atsiradimo vieta 1. Palikimo atsiradimo vieta laikoma paskutinė palikėjo nuolatinė gyvenamoji vieta (šio

kodekso 2.12 straipsnis). 2. Jeigu palikėjas negyveno nuolat vienoje vietoje, palikimo atsiradimo vieta laikoma: 1) vieta, kur palikėjas paskutinius šešis mėnesius prieš mirtį daugiausia gyveno; 2) jeigu palikėjas gyveno keliose vietose, palikimo atsiradimo vieta laikoma ekonominių

ar asmeninių interesų vyraujanti vieta (turto ar jo pagrindinės dalies, kai turtas yra keliose vietose, buvimo vieta; sutuoktinio, su kuriuo palikėjas paskutinius šešis mėnesius prieš mirtį palaikė santuokinius santykius, gyvenamoji vieta arba su palikėju kartu gyvenusio vaiko gyvenamoji vieta).

3. Jeigu negalima nustatyti palikėjo gyvenamosios vietos pagal aplinkybes, nurodytas šio straipsnio 1 ir 2 dalyse, palikimo atsiradimo vieta gali būti nustatoma pagal palikėjo pilietybę, jo registraciją, jam priklausančių transporto priemonių registracijos vietą ir kitas aplinkybes.

4. Kilus ginčui, palikimo atsiradimo vietą suinteresuotų asmenų prašymu nustato teismas, atsižvelgdamas į visas aplinkybes.

II SKYRIUS ĮPĖDINIAI

5.5 straipsnis. Asmenys, galintys būti įpėdiniais 1. Įpėdiniais gali būti:

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1) paveldint pagal įstatymą – fiziniai asmenys, kurie buvo gyvi palikėjo mirties momentu, palikėjo vaikai, gimę po jo mirties, taip pat Lietuvos valstybė;

2) paveldint pagal testamentą – fiziniai asmenys, kurie buvo gyvi palikėjo mirties momentu, taip pat kurie buvo pradėti jam esant gyvam ir gimė po jo mirties; testamente įvardyti dar nepradėti asmenys, jiems gimus;

3) paveldint pagal testamentą – juridiniai asmenys, kurie yra palikėjo mirties momentu arba steigiami vykdant palikėjo testamente išreikštą valią.

2. Įpėdiniais pagal testamentą taip pat gali būti valstybė, savivaldybės.

5.6 straipsnis. Asmenys, neturintys teisės paveldėti 1. Neturi teisės paveldėti nei pagal įstatymą, nei pagal testamentą asmenys, kurie

priešingais teisei tyčiniais veiksmais prieš palikėją, prieš kurį nors iš jo įpėdinių ar prieš testamente išreikštos palikėjo paskutinės valios įgyvendinimą sudarė teisinę padėtį, kad jie tampa įpėdiniais, jeigu teismo tvarka nustatytos šios aplinkybės:

1) tyčia atėmė palikėjui ar jo įpėdiniui gyvybę arba kėsinosi į šių asmenų gyvybę; 2) tyčia sudarė tokias sąlygas, kad palikėjas iki pat savo mirties neturėjo galimybės

sudaryti testamento, jį panaikinti ar pakeisti; 3) apgaule, grasinimais, prievarta privertė palikėją sudaryti, pakeisti arba panaikinti

sudarytą testamentą, privertė įpėdinį atsisakyti palikimo; 4) slėpė, klastojo ar sunaikino testamentą. 2. Įpėdinis nepraranda teisės paveldėti pagal šio straipsnio 1 dalies 3 ir 4 punktus, jeigu iki

palikimo atsiradimo momento testamentas ar jo atitinkamos atskiros dalys nustojo galioti nepaisant įpėdinio veiksmų.

3. Nepaveldi pagal įstatymą tėvai po savo vaikų mirties, jeigu teismo sprendimu jų valdžia buvo apribota ir šis sprendimas palikimo atsiradimo momentu nebuvo pasibaigęs ar panaikintas.

5.7 straipsnis. Sutuoktinio paveldėjimo teisės praradimas 1. Pergyvenęs palikėją sutuoktinis netenka teisės paveldėti pagal įstatymą, jeigu iki

palikimo atsiradimo: 1) palikėjas buvo kreipęsis į teismą, kad būtų nutraukta santuoka dėl pergyvenusio

sutuoktinio kaltės ir teismas buvo nustatęs pagrindą nutraukti santuoką; 2) teismas buvo nustatęs gyvenimą skyrium (separacija); 3) buvo pagrindas santuoką pripažinti negaliojančia, jeigu buvo pareikštas ieškinys dėl

santuokos pripažinimo negaliojančia. Šis punktas netaikomas sutuoktiniui, nekaltam dėl santuokos pripažinimo negaliojančia.

2. Šio straipsnio 1 dalies 1 ir 3 punktuose numatytus pagrindus nutraukti santuoką nustato teismas iki palikimo atsiradimo momento arba jau atsiradus palikimui.

5.8 straipsnis. Paveldėjimo teisės ginčijimas Asmuo, pretenduojantis į palikimą, gali ginčyti palikimo priėmimo teisėtumą bei išduotą

paveldėjimo teisės liudijimą, pareikšdamas ieškinį palikimą priėmusiam asmeniui per vienerius metus nuo palikimo atsiradimo dienos arba nuo tos dienos, kai sužinojo ar turėjo sužinoti apie tai, kad palikimą priėmė kitas asmuo.

5.9 straipsnis. Paveldėjimo teisės nuginčijimo pasekmės 1. Kai įsiteisėja teismo sprendimas nepripažinti asmens, pretenduojančio į palikimą,

įpėdiniu, turinčiu teisę į palikimą, laikoma, kad šis asmuo palikimo nepriėmė. 2. Jeigu ieškinį pareiškė įpėdinis, kuris turi teisę paveldėti, jis laikomas palikimą

priėmusiu, išskyrus atvejus, jeigu ieškinys buvo pareikštas dėl kitų įpėdinių interesų. 3. Kiti įpėdiniai, kurie turėtų teisę paveldėti įsiteisėjus šio straipsnio 1 dalyje nurodytam

teismo sprendimui, turi teisę priimti palikimą per tris mėnesius nuo teismo sprendimo įsiteisėjimo dienos.

4. Naujiems įpėdiniams palikimas laikomas atsiradusiu nuo palikimo atsiradimo momento (šio kodekso 5.3 straipsnis).

5.10 straipsnis. Asmenys, neturintys teisės gauti testamentinę išskirtinę

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Jeigu testamentinės išskirtinės gavėjas atliko veiksmus, numatytus šio kodekso 5.6 straipsnio 1 dalyje, jis netenka teisės į testamentinę išskirtinę.

III SKYRIUS PAVELDĖJIMAS PAGAL ĮSTATYMĄ

5.11 straipsnis. Įpėdinių pagal įstatymą eilės 1. Paveldint pagal įstatymą įpėdiniai lygiomis dalimis yra: 1) pirmos eilės – palikėjo vaikai (tarp jų ir įvaikiai) ir palikėjo vaikai, gimę po jo mirties; 2) antros eilės – palikėjo tėvai (įtėviai), vaikaičiai; 3) trečios eilės – palikėjo seneliai tiek iš tėvo, tiek iš motinos pusės, palikėjo provaikaičiai; 4) ketvirtos eilės – palikėjo broliai ir seserys, proseneliai ir prosenelės tiek iš tėvo, tiek iš

motinos pusės; 5) penktos eilės – palikėjo brolio ir sesers vaikai (sūnėnai ir dukterėčios), taip pat palikėjo

tėvo ir motinos broliai ir seserys (dėdės ir tetos); 6) šeštos eilės – palikėjo tėvo ir motinos brolių ir seserų vaikai (pusbroliai ir pusseserės). 2. Antros eilės įpėdiniai paveldi pagal įstatymą tiktai nesant pirmos eilės įpėdinių arba

jiems nepriėmus ar atsisakius palikimo, taip pat tuo atveju, kai iš visų pirmos eilės įpėdinių atimta paveldėjimo teisė. Trečios, ketvirtos, penktos ir šeštos eilės įpėdiniai paveldi, jeigu nėra pirmesnės eilės įpėdinių, jeigu šie įpėdiniai atsisakė palikimo arba iš jų atimta paveldėjimo teisė.

3. Įvaikiai ir jų palikuonys, paveldintys po įtėvio ar jo giminaičių mirties, prilyginami įtėvio vaikams ir jų palikuonims. Jie nepaveldi pagal įstatymą po savo tėvų ir kitų aukštutinės linijos giminaičių pagal kilmę, taip pat po savo brolių ir seserų pagal kilmę mirties.

4. Įtėviai ir jų giminaičiai, paveldintys po įvaikio ar jo palikuonių mirties, prilyginami tėvams ir kitiems giminaičiams pagal kilmę. Įvaikio tėvai ir kiti jo aukštutinės linijos giminaičiai pagal kilmę nepaveldi pagal įstatymą po įvaikio ar jo palikuonių mirties.

5. Pagal įstatymą paveldi palikėjo vaikai, gimę susituokusiems tėvams arba tėvams, kurių santuoka pripažinta negaliojančia, taip pat nesantuokiniai vaikai, kurių tėvystė nustatyta pagal įstatymus.

5.12 straipsnis. Paveldėjimas atstovavimo teise Palikėjo vaikaičiai ir provaikaičiai paveldi pagal įstatymą kartu su paveldinčiais

atitinkamai pirmos arba antros eilės įpėdiniais, jeigu palikimo atsiradimo metu nebėra gyvo to iš jų tėvų, kuris būtų buvęs įpėdinis. Jie lygiomis dalimis paveldi tą dalį, kuri būtų priklausiusi mirusiam jų tėvui ar motinai paveldint pagal įstatymą.

5.13 straipsnis. Sutuoktinių paveldėjimo teisė Palikėją pergyvenęs sutuoktinis paveldi pagal įstatymą arba su pirmos ar antros eilės

įpėdiniais (jeigu jų yra). Su pirmos eilės įpėdiniais jis paveldi vieną ketvirtadalį palikimo, jeigu įpėdinių ne daugiau kaip trys, neįskaitant sutuoktinio. Jeigu įpėdinių daugiau kaip trys, sutuoktinis paveldi lygiomis dalimis su kitais įpėdiniais. Jeigu sutuoktinis paveldi su antros eilės įpėdiniais, jam priklauso pusė palikimo. Nesant pirmos ir antros eilės įpėdinių, sutuoktinis paveldi visą palikimą.

5.14 straipsnis. Namų apstatymo ir apyvokos reikmenų paveldėjimas Įprastinio namų apstatymo ir apyvokos reikmenys pereina įpėdiniams pagal įstatymą,

nesvarbu, kokia yra jų eilė ir paveldima dalis, jeigu jie gyveno kartu su palikėju iki jo mirties ne mažiau kaip vienerius metus.

IV SKYRIUS PAVELDĖJIMAS PAGAL TESTAMENTĄ

5.15 straipsnis. Testamentinis veiksnumas 1. Testatorius gali sudaryti testamentą tik pats. 2. Testamentą gali sudaryti tik veiksnus asmuo, kuris suvokia savo veiksmų reikšmę ir

pasekmes.

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5.16 straipsnis. Testamento ar jo dalių negaliojimas 1. Negalioja testamentas: 1) sudarytas neveiksnaus asmens; 2) sudarytas asmens, kurio veiksnumas apribotas dėl piktnaudžiavimo alkoholiu,

narkotinėmis ar toksinėmis medžiagomis; 3) kurio turinys neteisėtas ar nesuprantamas. 2. Testamentas gali būti pripažintas negaliojančiu ir kitais sandorių pripažinimo

negaliojančiais pagrindais. 3. Neišlikęs testamentas neturi galios. Tokio testamento turinio negalima nustatyti teismo

tvarka. 4. Testatorius neturi teisės pavesti kitam asmeniui po testatoriaus mirties nustatyti ar keisti

testamento turinį.

5.17 straipsnis. Testamento nuginčijimas 1. Ieškinį dėl testamento ar jo atskirų dalių pripažinimo negaliojančiomis gali pareikšti tik

kiti įpėdiniai pagal įstatymą arba pagal testamentą, kurie paveldėtų, jeigu testamentas ar jo atskiros dalys būtų pripažintos negaliojančiomis.

2. Vėlesnį testamentą pripažinus negaliojančiu, anksčiau sudarytas testamentas netampa galiojančiu, išskyrus atvejus, kai vėlesnis testamentas pripažįstamas negaliojančiu dėl to, kad jis buvo sudarytas dėl smurto ar realaus grasinimo, taip pat asmens, teismo pripažinto neveiksniu, ar asmens, kurio veiksnumas teismo apribotas dėl piktnaudžiavimo alkoholiniais gėrimais, narkotikais, narkotinėmis ar toksinėmis medžiagomis.

5.18 straipsnis. Testamento sudarymo sąlygos 1. Testamentą testatorius sudaro laisva valia be prievartos, suklydimo. Įprastinis

suinteresuotų įpėdinių įkalbinėjimas ar prašymas sudaryti jiems palankų testamentą nelaikomi prievarta ir neturi įtakos testamento galiojimui.

2. Jeigu iš testamento turinio testatoriaus valia aiški, tai neturi reikšmės testamento teksto klaidos, netikslus asmenų įvardijimas, tai, kad kokio nors asmens arba daikto savybė ar padėtis pasikeitė ar išnyko.

5.19 straipsnis. Palikėjo teisė palikti testamentu turtą savo nuožiūra 1. Kiekvienas fizinis asmuo gali testamentu palikti visą savo turtą arba jo dalį (neišskiriant

ir įprastinio namų apstatymo bei apyvokos reikmenų) vienam ar keliems asmenims, kurie yra arba nėra įpėdiniai pagal įstatymą, taip pat valstybei, savivaldybėms, juridiniams asmenims.

2. Testatorius gali palikti visą savo turtą arba jo dalį juridiniams asmenims, kurie turės būti įsteigti vykdant testamentą, taip pat dar nepradėtiems, negimusiems fiziniams asmenims.

3. Testatorius gali testamentu atimti paveldėjimo teisę iš vieno, kelių ar visų įpėdinių. 4. Jeigu testatorius nenurodė, kokią turto dalį palieka kiekvienam iš įpėdinių pagal

testamentą, turtas tarp jų dalijamas lygiomis dalimis. 5. Jeigu paveldimas turtas testamente paskirstytas taip, kad visos dalys, kartu paimtos,

viršija viso turto dydį, kiekvieno įpėdinio dalis atitinkamai sumažinama. 6. Jeigu dalių suma yra mažesnė už viso turto dydį, atsižvelgiant į testamento turinį,

įpėdinių pagal testamentą paveldimos turto dalys proporcingai didinamos arba likęs turtas paveldimas pagal įstatymą.

5.20 straipsnis. Teisė į privalomąją palikimo dalį 1. Palikėjo vaikai (įvaikiai), sutuoktinis, tėvai (įtėviai), kuriems palikėjo mirties dieną

reikalingas išlaikymas, paveldi, nepaisant testamento turinio, pusę tos dalies, kuri kiekvienam iš jų tektų paveldint pagal įstatymą (privalomoji dalis), jeigu testamentu neskirta daugiau.

2. Nustatant privalomosios dalies dydį, atsižvelgiama į paveldimo turto vertę, įskaitant įprastinio namų apstatymo ir apyvokos reikmenų vertę.

5.21 straipsnis. Kito įpėdinio paskyrimas

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Testatorius turi teisę nurodyti testamente kitą įpėdinį tam atvejui, jeigu jo paskirtas įpėdinis pagal testamentą numirtų prieš atsirandant palikimui arba nepriimtų palikimo. Taip pat testatorius gali antriniam įpėdiniui paskirti kitą įpėdinį, jeigu antrinis įpėdinis numirtų iki atsirandant palikimui arba nepriimtų palikimo. Kitų įpėdinių paskyrimų eilė neribojama.

5.22 straipsnis. Testamentu nepaskirtos turto dalies paveldėjimas 1. Testatoriaus turto dalis, kuri lieka testamentu nepaskirta, padalijama tarp įpėdinių pagal

įstatymą, paveldinčių pagal šio kodekso 5.11–5.14 straipsniuose nustatytas taisykles. 2. Prie šių įpėdinių priklauso ir tie įpėdiniai pagal įstatymą, kuriems paveldimo turto dalis

paskirta testamentu, jeigu testamente nenumatyta kitaip.

5.23 straipsnis. Testamentinė išskirtinė 1. Testatorius turi teisę įpareigoti įpėdinį pagal testamentą įvykdyti kokią nors prievolę

(testamentinę išskirtinę) vieno ar kelių asmenų naudai; šie asmenys įgyja teisę reikalauti tą prievolę įvykdyti. Išskirtinės gavėjais gali būti tiek įpėdiniai pagal įstatymą, tiek kiti asmenys.

2. Testatoriaus įpareigotas įpėdinis turi įvykdyti testamentinę išskirtinę neviršydamas savo paveldimo turto vertės, patenkinus palikėjo kreditorių reikalavimus.

3. Jeigu įpėdinis pagal testamentą, įpareigotas įvykdyti testamentinę išskirtinę, turi teisę į privalomąją palikimo dalį, tai jis testamentinę išskirtinę įvykdo neviršydamas savo paveldimo turto vertės, kuri yra didesnė už jo privalomąją dalį.

4. Jeigu įpėdinis, kuris buvo įpareigotas įvykdyti testamentinę išskirtinę, miršta prieš atsirandant palikimui arba nepriima palikimo, prievolė įvykdyti testamentinę išskirtinę pereina kitiems įpėdiniams, gavusiems šio įpėdinio dalį.

5. Jeigu testamente nenurodytas testamentinės išskirtinės vykdytojas, testamentinė išskirtinė išskiriama iš paveldimo turto, kol bus nustatytos įpėdinių paveldimo turto dalys.

6. Testamentinė išskirtinė netenka galios, jeigu jos gavėjas miršta prieš atsirandant palikimui.

5.24 straipsnis. Testamentinės išskirtinės priėmimas 1. Testamentinės išskirtinės gavėjas turi teisę testamentinę išskirtinę priimti per tris

mėnesius nuo tos dienos, kai sužinojo arba turėjo sužinoti, kad jis turi teisę į testamentinę išskirtinę.

2. Apie testamentinės išskirtinės priėmimą gavėjas praneša testamento vykdytojui (palikimo valdytojui), įpėdiniui, priėmusiam palikimą ir įpareigotam įvykdyti testamentinę išskirtinę, arba palikimo atsiradimo vietos notarui. Jeigu testamentinė išskirtinė yra susijusi su teise į nekilnojamąjį daiktą, prašymas visais atvejais paduodamas notarui. Notaras išduoda paveldėjimo teisės liudijimą, ir testamentinė išskirtinė registruojama viešame registre.

5.25 straipsnis. Testamentinės išskirtinės rūšys 1. Jeigu testamentinės išskirtinės dalykas yra pagal individualius požymius apibūdintas

daiktas, testamentinės išskirtinės gavėjas, priėmęs išskirtinę, į tokį daiktą nuosavybės teisę įgyja nuo palikimo priėmimo momento. Daiktas nuo šio momento pereina testamentinės išskirtinės gavėjui su visomis teisėmis ir pareigomis, susijusiomis su šiuo daiktu, kurios priklausė palikėjui. Testamentinės išskirtinės gavėjui taip pat priklauso ir pagrindinio daikto priklausiniai.

2. Jeigu testamentinės išskirtinės dalyką sudaro reikalavimai pagal prievoles, išskirtinės gavėjui taip pat priklauso visi papildomi reikalavimai, kurie turėjo būti įvykdyti iki palikėjo mirties momento.

3. Jeigu testamentinės išskirtinės dalykas yra kilnojamieji pagal rūšies požymius apibūdinti daiktai, tokia testamentinė išskirtinė turi būti įvykdyta nepaisant to, ar palikime yra tokių daiktų. Kai tokių daiktų yra keletas, pasirinkimo teisė priklauso testamentinės išskirtinės gavėjui, jeigu kitaip nenustato testamentas.

4. Įpėdinį, kuriam pereina nekilnojamasis daiktas (žemė, namas, butas ir kt.) arba individuali (personalinė) įmonė, testatorius turi teisę įpareigoti duoti kitam asmeniui tam tikram terminui arba iki gyvos galvos naudotis nekilnojamuoju daiktu ar jo dalimi arba perduoti iš šio turto gaunamas pajamas ar jų dalį.

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5. Jeigu testatorius testamentine išskirtine kam nors skyrė išlaikymą, nenurodydamas jo turinio, toks asmuo turi teisę į maistą, būstą, drabužius ir medicininį aptarnavimą, o tie, kurie mokosi, – į mokymosi išlaidų padengimą per visą mokymosi laiką, bet ne ilgiau, nei jiems sueis dvidešimt ketveri metai.

5.26 straipsnis. Turto palikimas visuomenei naudingiems ir labdaros tikslams 1. Testatorius visą savo turtą, jo dalį ar konkretų daiktą gali palikti visuomenei naudingam

tikslui arba labdarai. Tokio turto įpėdiniu gali būti paskirtas juridinis asmuo, kuris bus įsteigtas vykdant testatoriaus valią. Tokį juridinį asmenį įsteigti testatorius gali įpareigoti įpėdinį arba testamento vykdytoją.

2. Jeigu įpėdinis arba testamento vykdytojas nesiima priemonių įsteigti juridinį asmenį, suinteresuoti asmenys gali kreiptis į teismą, prašydami palikimui paskirti administratorių ir įpareigoti pastarąjį įsteigti testamente numatytą juridinį asmenį.

3. Jeigu visuomenės poreikis, kuriam buvo skirtas turtas, pasibaigė arba turto negalima panaudoti testamente nurodytam tikslui ir nėra testatoriaus nurodymų, ką tokiu atveju daryti su turtu, tokio turto tolesnio panaudojimo klausimą sprendžia palikimo atsiradimo vietos teismas. Toks turtas turi būti panaudotas panašiems tikslams į tuos, kuriuos nurodė testatorius.

5.27 straipsnis. Testamentų rūšys Testamentai gali būti oficialieji ir asmeniniai.

5.28 straipsnis. Oficialieji testamentai 1. Oficialieji testamentai – tai testamentai, kurie sudaryti raštu dviem egzemplioriais ir

patvirtinti notaro arba Lietuvos Respublikos konsulinio pareigūno atitinkamoje valstybėje. 2. Kurčnebylių viešieji testamentai sudaromi dalyvaujant asmeniui, kuris supranta gestų

kalbą ir kuriuo pasitiki testatorius, išskyrus atvejus, kai kurčnebylys yra raštingas ir jis sudarytą testamentą perskaito bei raštu patvirtina, kad yra supažindintas su jo turiniu.

3. Testamente nurodoma testamento sudarymo vieta ir laikas. Surašytas testamentas perskaitomas vienam testatoriui arba dalyvaujant liudytojams. Testamentą pasirašo pats testatorius. Jo akivaizdoje testamentas tvirtinamas ir registruojamas notariniame registre. Vienas testamento egzempliorius duodamas testatoriui, o kitas lieka jį patvirtinusioje įstaigoje. Informacija apie testamento sudarymą ir jo turinį yra konfidenciali.

4. Jeigu testatoriaus ar kito asmens turimas testamentas neatitinka pas notarą saugomo testamento, kilus ginčui pirmenybė teikiama pas notarą saugomam testamentui, jeigu jame nėra nustatyta tvarka neaptartų ištaisymų, išbraukymų ar ištrynimų.

5. Negalima ginčyti oficialiojo testamento sudarymo fakto. 6. Oficialiesiems testamentams prilyginami: 1) asmenų, kurie gydosi ligoninėse, kitose stacionarinėse gydymo–profilaktikos įstaigose,

sanatorijose arba gyvena senelių ir invalidų namuose, testamentai, patvirtinti tų ligoninių, gydymo įstaigų, sanatorijų vyriausiųjų gydytojų, jų pavaduotojų medicinos reikalams arba budinčiųjų gydytojų, taip pat šių senelių ir invalidų namų direktorių ir vyriausiųjų gydytojų;

2) asmenų, esančių plaukiojančiuose jūrų laivuose arba vidaus plaukiojimo laivuose, plaukiojančiuose su Lietuvos valstybės vėliava, testamentai, patvirtinti tų laivų kapitonų;

3) asmenų, esančių žvalgomosiose, mokslinėse, sportinėse ir kitose ekspedicijose, testamentai, patvirtinti tų ekspedicijų viršininkų;

4) karių testamentai, patvirtinti dalinių, junginių, įstaigų ir karo mokyklų vadų (viršininkų);

5) asmenų, esančių laisvės atėmimo vietose, testamentai, patvirtinti laisvės atėmimo vietų viršininkų;

6) testatoriaus gyvenamosios vietos seniūnų patvirtinti testamentai. 7. Šio straipsnio 6 dalyje nurodyti asmenys privalo kiek įmanoma greičiau perduoti

patvirtintus testamentus notarui teisingumo ministro nustatyta tvarka.

5.29 straipsnis. Kito asmens pasirašymas testamente Jeigu testatorius dėl fizinių trūkumų, ligos ar kitokių priežasčių negali pats pasirašyti

testamento, jo prašymu testamentą gali už jį pasirašyti notaro ar kito turinčio teisę patvirtinti

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testamentą pareigūno ir ne mažiau kaip dviejų liudytojų akivaizdoje kitas veiksnus fizinis asmuo, kuris nėra įpėdinis pagal testamentą, kartu nurodydamas priežastį, dėl kurios testatorius negalėjo pats pasirašyti testamento. Liudytojai taip pat turi pasirašyti testamente.

5.30 straipsnis. Asmeninis testamentas 1. Asmeninis testamentas – tai testatoriaus ranka surašytas testamentas, kuriame nurodyta

testatoriaus vardas, pavardė, testamento sudarymo data (metai, mėnuo, diena), vieta ir kuris išreiškia testatoriaus valią ir yra jo pasirašytas. Asmeninis testamentas gali būti surašytas bet kokia kalba. Testamento sudarymo datos ir vietos nenurodymas daro testamentą negaliojantį tik tuo atveju, jeigu testamento sudarymo datos ir vietos negalima nustatyti kitais būdais arba jos nėra aiškios iš kitų aplinkybių.

2. Testatoriaus ranka padaryti pataisymai, jo aptarti išbraukimai nedaro testamento negaliojančio. Galioja sąlygos, kurias per klaidą testatorius išbraukė, o vėliau savo ranka padarė prierašą, kad šios sąlygos buvo išbrauktos per klaidą. Jeigu testamente per klaidą praleistas koks nors žodis arba žodis parašytas neteisingai, testamentas galioja; galioja ir atitinkamos sąlygos, jeigu dėl jų prasmės nekyla neaiškumų.

3. Akivaizdžiai nebaigtas ar nepasirašytas asmeninis testamentas negalioja. 4. Jeigu testamente yra prierašas, kad testatorius jį ateityje papildys, bet jis to nepadarė,

toks testamentas galioja, jeigu jis gali būti įvykdytas be numatyto papildymo.

5.31 straipsnis. Asmeninio testamento perdavimas saugoti 1. Asmeninį testamentą testatorius gali perduoti saugoti notarui ar Lietuvos Respublikos

konsuliniam pareigūnui užsienio valstybėje. Priimant testamentą saugoti, turi būti nustatyta testatoriaus asmenybė.

2. Perduotas saugoti asmeninis testamentas prilyginamas oficialiajam, jeigu perduodant buvo laikomasi šių reikalavimų:

1) testamentą perdavė pats testatorius, pareikšdamas, kad testamente išreikšta jo paskutinė valia;

2) testamentas perduotas užklijuotame voke, vokas antspauduotas priimančios įstaigos antspaudu ir ant voko pasirašė testatorius bei testamentą priimantis asmuo;

3) apie testamento priėmimą saugoti surašytas aktas, kuriame nurodyta, kad nepažeisti šio straipsnio 2 dalies 1 ir 2 punktų reikalavimai, taip pat aprašyta voko išvaizda, antspaudai, nurodyti testatoriaus vardas, pavardė, asmens kodas, gyvenamoji vieta, testamento sudarymo data, vieta bei rūšis, priėmėjo pareigos, vardas ir pavardė. Aktą pasirašė testatorius ir testamentą saugoti priėmęs pareigūnas. Akto kopija išduodama testatoriui.

3. Priimtas testamentas saugomas priėmusios įstaigos seife. Testatorius bet kada gali testamentą atsiimti. Testamentą galima išduoti testatoriaus atstovui pagal specialų testatoriaus įgaliojimą.

4. Jeigu asmeninis testamentas nebuvo perduotas saugoti šio straipsnio nustatyta tvarka, jis po testatoriaus mirties ne vėliau kaip per vienerius metus turi būti pateiktas teismui patvirtinti. Šiuo atveju galioja tik teismo patvirtintas testamentas.

5.32 straipsnis. Testamentų registras 1. Lietuvos Respublikos teritorijoje sudarytų testamentų registrą tvarko Centrinė hipotekos

įstaiga. 2. Notarai, konsuliniai pareigūnai per tris darbo dienas privalo pranešti Centrinei hipotekos

įstaigai apie patvirtintus, priimtus saugoti ar panaikintus testamentus. Pranešime nurodomas testatoriaus vardas, pavardė, asmens kodas, gyvenamoji vieta, testamento sudarymo data bei vieta, rūšis ir saugojimo vieta. Testamento turinys nenurodomas.

3. Testamentų registro duomenis galima perduoti teismui, notarui ir kitiems suinteresuotiems asmenims po testatoriaus mirties.

5.33 straipsnis. Testamento paskelbimas 1. Kai tik palikimo atsiradimo vietos notaras sužino apie testatoriaus mirtį, paskiria

testamento paskelbimo dieną ir apie ją pranešama žinomiems įpėdiniams bei kitiems suinteresuotiems asmenims. Jeigu vokas su testamentu buvo antspauduotas, reikia surašyti

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protokolą ir jame pažymėti, ar nepažeisti vokas ir antspaudai. Jeigu yra keli testamentai, skelbiami visi testamentai.

2. Notaras, paskelbęs testamentą, privalo imtis priemonių nustatyti įpėdinių ir kitų suinteresuotų asmenų, nedalyvavusių paskelbiant testamentą, gyvenamąją vietą ir kiek įmanoma greičiau pranešti jiems apie testamento turinį.

5.34 straipsnis. Testamento saugojimo terminas Jeigu testamentas saugomas daugiau kaip trisdešimt metų, sauganti įstaiga privalo

prieinamomis priemonėmis patikrinti, ar testatorius gyvas. Jeigu paaiškėja, kad testatorius miręs, testamento vokas atplėšiamas ir testamentas paskelbiamas.

5.35 straipsnis. Testamento panaikinimas, papildymas ir pakeitimas 1. Testatorius turi teisę savo sudarytą testamentą bet kada pakeisti, papildyti ar panaikinti,

sudarydamas naują testamentą, arba jo nesudaryti. 2. Vėliau sudarytas testamentas panaikina visą pirmesnį testamentą ar tą jo dalį, kuri

prieštarauja vėliau sudarytam testamentui. Ši nuostata netaikoma bendrajam sutuoktinių testamentui.

3. Testatorius taip pat gali panaikinti oficialųjį testamentą, paduodamas pareiškimą sudaryto testamento saugotojui arba testamentą patvirtinusiai įstaigai. Pareiškime testatoriaus parašas turi būti paliudytas įstatymų nustatyta tvarka.

5.36 straipsnis. Testamento sąlygos 1. Testatorius įpėdinį ar testamentinės išskirtinės gavėją gali paskirti nurodydamas sąlygą

ar sąlygas, kurias jie privalo įvykdyti, kad galėtų paveldėti. 2. Negalioja neteisėtos sąlygos ir sąlygos, prieštaraujančios visuomenės papročiams ar

pažeidžiančios geros moralės reikalavimus.

5.37 straipsnis. Testamento vykdymas 1. Testamentą vykdo testatoriaus paskirtas testamento vykdytojas, įpėdinis arba teismo

paskirtas palikimo administratorius. 2. Nieko negalima paskirti testamento vykdytoju prieš jo valią, tačiau asmuo, prisiėmęs

testamento vykdytojo pareigas, negali jų atsisakyti be svarbių priežasčių. 3. Testatorius gali paskirti vieną ar kelis testamento vykdytojus. Taip pat testatorius gali

paskirti antrinį testamento vykdytoją, jeigu pirmasis vykdytojas negalėtų vykdyti savo pareigų. Šiuo atveju reikalaujama, kad būtų antrinio vykdytojo sutikimas, jo išreikštas įraše pačiame testamente arba pridėtame prie testamento pareiškime.

4. Testamento vykdytoju negali būti asmuo, kuris pasirašė testamentą už testatorių. 5. Jeigu testatorius nepaskyrė testamento vykdytojo arba paskirtas testamento vykdytojas

ar įpėdinis negali atlikti savo pareigų, palikimo atsiradimo vietos apylinkės teismas skiria palikimo administratorių, kuris atlieka visus veiksmus, reikalingus testamentui įvykdyti.

6. Asmuo, pradėjęs vykdyti testamentą, neturi teisės be svarbių priežasčių atsisakyti šių pareigų.

5.38 straipsnis. Testatoriaus paskirto testamento vykdytojo teisės ir pareigos 1. Testamento vykdytojas atlieka visus veiksmus, reikalingus testamentui įvykdyti. Kol

nepaskirtas palikimo administratorius arba kol nenustatyti įpėdiniai, testamento vykdytojas atlieka įpėdinio funkcijas: valdo palikimą, sudaro palikimo apyrašą, išmoka palikimo skolas, išieško palikėjo skolininkų skolas, teikia išlaikytiniams priklausantį išlaikymą, ieško įpėdinių, aiškinasi, ar įpėdiniai priima palikimą, ir pan. Testamentas yra testamento vykdytojo veiklos instrukcija. Testamento vykdytojas, vykdydamas testamentą, tariasi su įpėdiniais. Ginčą dėl testamento vykdymo sprendžia palikimo atsiradimo vietos apylinkės teismas.

2. Testamento vykdytojas savo pareigas privalo atlikti taip pat rūpestingai, kaip jis rūpinasi savo privačiais interesais. Jeigu testamento vykdytojas už savo darbą gauna atlyginimą, tokiu atveju jis įpėdiniams ir kitiems suinteresuotiems asmenims atsako ir už neatsargiais veiksmais padarytus nuostolius.

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3. Jeigu testatorius paskyrė keletą testamento vykdytojų ir kiekvieno jų teisių bei pareigų tiksliai neapibrėžė, tai jie veikia bendrai. Nesutarimai tarp jų dėl testamento vykdymo sprendžiami teismo tvarka. Už veiksmus, atliktus bendru sutarimu, testamento vykdytojai atsako solidariai.

4. Jeigu vienam iš testamento vykdytojų testatorius davė konkretų pavedimą arba pavedė tam tikros testamento dalies vykdymą, toks vykdytojas atsako tik už savo veiksmus.

5. Testamento vykdymo išlaidos padengiamos iš paveldimo turto. 6. Testamento vykdytojas atlieka savo pareigas neatlygintinai, jeigu testatorius nenustatė

testamente atlyginimo.

5.39 straipsnis. Palikimo apyrašas 1. Pradėjęs tvarkyti palikimą, testamento vykdytojas ar palikimo administratorius privalo

nedelsdamas sudaryti palikimo apyrašą, kur įvardijamas palikimą sudarantis turtas, palikėjo kreditorinis ir debitorinis įsiskolinimas. Įpėdinis, pareiškęs norą, turi teisę dalyvauti sudarant turto apyrašą.

2. Testamento vykdytojas ar palikimo administratorius savo nuožiūra turi teisę, o įpėdinio reikalavimu privalo teismo prašyti palikimo apyrašo sudarymą perduoti teismo antstoliui.

3. Palikimo apyrašo sudarymo išlaidos padengiamos iš palikimo lėšų.

5.40 straipsnis. Palikimo valdymas ir jo trukmė Testatorius gali pavesti testamento vykdytojui valdyti priimtą nustatyta tvarka palikimą,

nepaskirdamas jokių kitų įpareigojimų, arba pavesti valdyti palikimą, įvykdžius kitus testatoriaus pavedimus. Testamente gali būti nustatyta tokio valdymo trukmė, nurodant konkretų terminą arba tam tikrą įvykį (suėjimas įpėdiniui tam tikro amžiaus, įpėdinio mirtis, santuoka ir pan.). Toks terminas negali būti ilgesnis kaip dvidešimt metų nuo palikimo atsiradimo dienos.

5.41 straipsnis. Testamento vykdytojo ataskaita Testamentą įvykdęs testamento vykdytojas ar palikimo administratorius privalo įpėdinių

reikalavimu pateikti jiems ataskaitas. Jeigu testamentas vykdomas ilgiau nei vienerius metus ir testamento vykdytojas ar administratorius valdo palikimą (šio kodekso 5.40 straipsnis), tokios ataskaitos įpėdiniui turi būti teikiamos kasmet.

5.42 straipsnis. Testamento vykdytojo ar palikimo administratoriaus nušalinimas Jeigu testamento vykdytojas ar palikimo administratorius savo pareigas atlieka netinkamai,

pažeidžia įpėdinių, testamentinės išskirtinės gavėjų, palikėjo kreditorių ir kitų suinteresuotų asmenų interesus, šių asmenų reikalavimu palikimo atsiradimo vietos teismas turi teisę nušalinti testamento vykdytoją ir paskirti palikimo administratorių, pakeisti teismo paskirtą administratorių.

V SKYRIUS BENDRASIS SUTUOKTINIŲ TESTAMENTAS

5.43 straipsnis. Bendrojo sutuoktinių testamento samprata Bendruoju sutuoktinių testamentu abu sutuoktiniai vienas kitą paskiria savo įpėdiniu ir po

vieno sutuoktinio mirties visą mirusiojo turtą (iš jo ir bendrosios sutuoktinių nuosavybės dalį) paveldi pergyvenęs sutuoktinis, išskyrus privalomąją palikimo dalį (šio kodekso 5.20 straipsnis).

5.44 straipsnis. Bendrojo sutuoktinių testamento sudarymas 1. Bendrąjį sutuoktinių testamentą gali sudaryti tik sutuoktiniai. Tokį testamentą notaro ar

kito asmens, tvirtinančio testamentą, akivaizdoje pasirašo abu sutuoktiniai. 2. Bendrasis sutuoktinių testamentas sudaromas tik kaip oficialusis testamentas (šio

kodekso 5.28 straipsnis).

5.45 straipsnis. Bendrojo sutuoktinių testamento turinys 1. Testamentu kiekvienas sutuoktinis kitam palieka visą savo turtą. 2. Testamentu gali būti paskirtas įpėdinis, kuris paveldės turtą mirus pergyvenusiam

sutuoktiniui.

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3. Testamentu gali būti paskirta testamentinė išskirtinė, suteikiama iš vieno kurio sutuoktinio turto po jo mirties arba bendro sutuoktinių turto po pergyvenusio sutuoktinio mirties.

4. Sutuoktiniai gali savo turtą ar jo dalį palikti visuomenei naudingam tikslui arba labdarai. Toks testamento pavedimas gali būti vykdomas iš vieno kurio sutuoktinio turto po jo mirties arba iš bendro sutuoktinių turto po pergyvenusio sutuoktinio mirties.

5.46 straipsnis. Bendrojo sutuoktinių testamento panaikinimas ir negaliojimas 1. Bet kuris sutuoktinis gali iki palikimo atsiradimo atšaukti savo valios išreiškimą ta pačia

tvarka, kokia buvo sudarytas testamentas. Tokiu atveju netenka galios ir kito sutuoktinio valios išreiškimas.

2. Sutuoktinio sudaryti testamentai, neatšaukus bendrojo sutuoktinių testamento, negalioja. 3. Bendrasis sutuoktinių testamentas netenka galios, jeigu iki palikimo atsiradimo

momento nutraukiama santuoka arba pareiškiamas ieškinys (paduodamas prašymas) nutraukti santuoką, arba sutuoktinis davė sutikimą išsituokti.

5.47 straipsnis. Perduoto saugoti testamento išreikalavimas Testamentą patvirtinusi ar jį sauganti įstaiga testamentą gali išduoti tik abiejų sutuoktinių

reikalavimu.

5.48 straipsnis. Bendrojo sutuoktinių testamento paskelbimas Mirus vienam sutuoktiniui, suinteresuotiems įpėdiniams šio kodekso 5.33 straipsnio

nustatyta tvarka skelbiama tik šio sutuoktinio valia, kito sutuoktinio valia neskelbiama.

5.49 straipsnis. Palikimo pagal bendrąjį sutuoktinių testamentą atsisakymas 1. Mirus vienam sutuoktiniui, kitas sutuoktinis neturi teisės pakeisti bendrojo testamento.

Jis turi teisę atsisakyti priimti palikimą. Tokiu atveju mirusiojo sutuoktinio turtą paveldi jo įpėdiniai pagal įstatymą, o pergyvenęs sutuoktinis įgyja teisę savo nuožiūra sudaryti naują testamentą.

2. Toks pergyvenusio sutuoktinio atsisakymas priimti palikimą neturi įtakos testamentinės išskirtinės, paskirtos iš mirusiojo sutuoktinio turto, gavėjo teisei į testamentinę išskirtinę, kurią išduoda įpėdiniai pagal įstatymą.

3. Pergyvenusiam sutuoktiniui atsisakius priimti palikimą, bendruoju testamentu paskirtas įpėdinis, kuris turėjo paveldėti po pergyvenusio sutuoktinio mirties, netenka teisės paveldėti pagal bendrąjį sutuoktinių testamentą.

VI SKYRIUS PALIKIMO PRIĖMIMAS IR ATSAKOMYBĖ UŽ PALIKĖJO SKOLAS

5.50 straipsnis. Palikimo priėmimas 1. Kad įgytų palikimą, įpėdinis turi jį priimti. Neleidžiama palikimą priimti iš dalies arba

su sąlyga ar išlygomis. 2. Įpėdinis laikomas priėmusiu palikimą, kai jis faktiškai pradėjo paveldimą turtą valdyti,

kreipėsi į palikimo atsiradimo vietos apylinkės teismą dėl turto apyrašo sudarymo arba kai įpėdinis padavė palikimo atsiradimo vietos notarui pareiškimą apie palikimo priėmimą.

3. Šiame straipsnyje nurodyti veiksmai turi būti atliekami per tris mėnesius nuo palikimo atsiradimo dienos.

4. Asmenys, kuriems paveldėjimo teisė atsiranda tik tuo atveju, kai kiti įpėdiniai palikimo nepriima, gali pareikšti sutikimą priimti palikimą per tris mėnesius nuo teisės priimti palikimą atsiradimo dienos.

5. Palikimas, kurį paveldi įpėdiniai, gimę po palikimo atsiradimo, priimamas per tris mėnesius nuo jų gimimo dienos.

6. Notaras ar teismas per tris darbo dienas nuo palikimo priėmimo dienos privalo pranešti Centrinei hipotekos įstaigai apie palikimo priėmimą.

5.51 straipsnis. Palikimo priėmimas, faktiškai pradėjus turtą valdyti

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1. Įpėdinis laikomas priėmusiu palikimą, jeigu jis pradėjo valdyti turtą, juo rūpintis kaip savo turtu (valdo, naudoja ir juo disponuoja, prižiūri, moka mokesčius, kreipėsi į teismą išreikšdamas valią priimti palikimą ir paskirti palikimo administratorių ir pan.). Įpėdinis, pradėjęs valdyti kokią nors palikimo dalį ar net kokį nors daiktą, laikomas priėmusiu visą palikimą.

2. Įpėdinis, pradėjęs turtą valdyti, turi teisę per palikimui priimti nustatytą laiką atsisakyti palikimo, padavęs dėl to pareiškimą palikimo atsiradimo vietos notarui. Tokiu atveju laikoma, kad palikimą įpėdinis valdė dėl kitų įpėdinių interesų.

5.52 straipsnis. Įpėdinio, kuris priėmė palikimą pradėjęs turtą valdyti arba padavęs pareiškimą notarui, atsakomybė už palikėjo skolas

Įpėdinis, kuris priėmė palikimą turto valdymo perėmimu arba padavęs pareiškimą notarui, už palikėjo skolas atsako visu savo turtu, išskyrus šiame kodekse numatytus atvejus. Jeigu nurodytu palikimo priėmimo būdu palikimą priėmė keletas įpėdinių, visi jie už palikėjo skolas atsako solidariai visu savo turtu.

5.53 straipsnis. Palikimo priėmimas pagal apyrašą 1. Įpėdinis, priėmęs palikimą pagal teismo antstolio sudarytą apyrašą, už palikėjo skolas

atsako tik paveldėtu turtu. Jeigu bent vienas įpėdinis priėmė palikimą pagal apyrašą, tai ir visi kiti įpėdiniai laikomi priėmusiais palikimą pagal apyrašą.

2. Dėl tokio apyrašo sudarymo priimantis palikimą įpėdinis arba įpėdiniai kreipiasi į palikimo atsiradimo vietos apylinkės teismą, o teismas apyrašą sudaryti paveda teismo antstoliui.

3. Turto apyrašo sudarymo terminą nustato teismas. Šis terminas negali būti ilgesnis nei vienas mėnuo. Tik tais atvejais, kai paveldimas turtas yra keliose vietose arba yra daug palikėjo kreditorių, apyrašo sudarymo terminas negali būti ilgesnis nei trys mėnesiai.

4. Įpėdinis privalo pateikti visus duomenis, reikalingus palikėjo turto apyrašui sudaryti. 5. Apyraše turi būti: 1) visas daiktų, sudarančių palikimą, sąrašas, nurodant jų vertę ir aplinkybes, reikalingas jų

vertei nustatyti; 2) įvardijamos visos žinomos skolinės palikėjo teisės ir pareigos, nurodant palikėjo

kreditorius ir skolininkus. 6. Palikimo apyrašą pasirašo teismo antstolis ir įpėdinis, dalyvavęs sudarant apyrašą.

Apyrašo gale turi būti įpėdinio pasirašytas paliudijimas, tolygus priesaikai, kad apyraše nurodytas visas įpėdiniui žinomas palikėjo turtas, visi palikėjo skoliniai reikalavimai ir skolinės pareigos.

7. Įpėdinis (įpėdiniai), po palikimo apyrašo sudarymo sužinojęs apie neįtrauktą į apyrašą turtą arba skolines teises ir pareigas, privalo apie tai pranešti teismui per tris darbo dienas nuo šių aplinkybių sužinojimo dienos, kad teismo antstolis papildytų apyrašą.

8. Palikimo apyrašą sudaryti gali pareikalauti ir palikėjo kreditoriai. Palikėjo kreditoriai turi teisę patys dalyvauti sudarant palikimo apyrašą arba įgalioti kitą asmenį dalyvauti sudarant palikimo apyrašą.

9. Teismas privalo leisti susipažinti su palikimo apyrašu kiekvienam, kuris įrodo teisėtą interesą susipažinti su apyrašu.

5.54 straipsnis. Neteisingas apyrašas 1. Jeigu sudarant palikimo apyrašą įpėdinis (įpėdiniai) dėl savo kaltės nurodė ne visą turtą

sudarantį palikimą, nuslėpė palikėjo skolininkus, jo iniciatyva į palikimo sudėtį buvo įrašyta nesanti skola, jis nepapildė apyrašo, tai šis įpėdinis (įpėdiniai) už palikėjo skolas atsako visu savo turtu. Šios pasekmės įpėdiniui atsiranda ir tuo atveju, kai jis neįvykdo pareigos, nustatytos šio kodekso 5.53 straipsnio 4 dalyje.

2. Jeigu į palikimo apyrašą ne visas turtas įrašytas ne dėl įpėdinio kaltės, teismas skiria terminą apyrašui papildyti.

5.55 straipsnis. Kreipimasis į teismą dėl palikimo administravimo 1. Tais atvejais, kai paveldima individuali (personalinė) įmonė, ūkininko ūkis arba palikėjo

skolos gali viršyti palikimo vertę, įpėdinis, priėmęs palikimą, gali kreiptis į palikimo atsiradimo vietos teismą prašydamas paskirti palikimo administratorių arba paskirti palikimo administratorių

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ir spręsti klausimą dėl varžytynių ar bankroto bylos iškėlimo. Tokiu atveju palikėjo skolos padengiamos tik iš palikimo.

2. Palikimo administravimas nustatomas palikimo atsiradimo vietos apylinkės teismo nutartimi. Šia nutartimi teismas paskiria palikimo administratorių ir nustato jo atlyginimą.

3. Palikimo administravimas nenustatomas, jeigu palikimas nėra didelis ir administravimo išlaidos viršytų palikimo vertę arba didžioji palikimo dalis būtų sunaudota administravimo išlaidoms padengti. Palikimo administravimas panaikinamas, jeigu paaiškėja, kad administravimo išlaidos viršytų palikimo vertę.

4. Palikimo administratorius turi tas pačias teises ir pareigas kaip ir testamento vykdytojas (šio kodekso 5.38 straipsnis), taip pat jam taikomos mutatis mutandis šio kodekso ketvirtosios knygos XIV skyriaus normos.

5. Jeigu yra keletas įpėdinių, jie paduoda bendrą prašymą nustatyti palikimo administravimą. Įpėdiniams perėmus valdyti paveldimą turtą, palikimo administravimas nenustatomas.

6. Jeigu šiame straipsnyje numatytais atvejais palikimo administravimas nenustatomas arba panaikinamas, tai sudaromas turto apyrašas ir palikėjo skolos padengiamos tik iš palikimo.

7. Įpėdinių ginčus dėl palikimo administravimo sprendžia teismas, priimdamas atitinkamą nutartį.

5.56 straipsnis. Neveiksnių ir ribotai veiksnių įpėdinių teisės į palikimą įgyvendinimas

Neveiksnių asmenų vardu palikimą priima jų tėvai arba globėjai. Ribotai veiksnūs asmenys palikimą priima tik tėvų arba rūpintojų sutikimu.

5.57 straipsnis. Termino palikimui priimti pratęsimas 1. Šio kodekso 5.50 straipsnyje nustatytą palikimui priimti terminą teismas gali pratęsti,

jeigu pripažįsta, kad terminas praleistas dėl svarbių priežasčių. Palikimas gali būti priimamas pasibaigus terminui ir be kreipimosi į teismą, jeigu su tuo sutinka visi kiti priėmę palikimą įpėdiniai.

2. Šio straipsnio 1 dalyje numatytais atvejais įpėdiniui, praleidusiam terminą palikimui priimti, perduodama iš jam priklausančio, kitų įpėdinių priimto ar perėjusio valstybei turto tik tai, kas išliko natūra, taip pat lėšos, gautos realizavus kitą jam priklausančią turto dalį.

5.58 straipsnis. Teisės priimti palikimą perėjimas 1. Jeigu įpėdinis, paveldintis pagal įstatymą ar testamentą, miršta po palikimo atsiradimo,

nespėjęs jo priimti per nustatytą terminą (šio kodekso 5.50 straipsnis), teisė priimti jam priklausančią dalį pereina jo įpėdiniams.

2. Šią mirusio įpėdinio teisę jo įpėdiniai gali įgyvendinti bendrais pagrindais per tris mėnesius nuo palikimo jiems atsiradimo dienos.

5.59 straipsnis. Įpėdinio, pradėjusio valdyti paveldimą turtą prieš atsirandant kitiems įpėdiniams, teisės

1. Įpėdinis, kuris pradėjo valdyti paveldimą turtą, jeigu yra kitų įpėdinių, neturi teisės disponuoti paveldimu turtu (jį parduoti, įkeisti ir pan.), kol sueis trys mėnesiai nuo palikimo atsiradimo dienos arba kol jis gaus paveldėjimo teisės liudijimą.

2. Prieš sueinant nurodytam terminui arba prieš gaudamas paveldėjimo teisės liudijimą, įpėdinis turi teisę iš paveldimo turto tik:

1) apmokėti palikėjo gydymo ir slaugymo ligos metu išlaidas, taip pat jo laidojimo ir kapo sutvarkymo išlaidas;

2) išlaikyti fizinius asmenis, kurie buvo palikėjo išlaikomi; 3) užtikrinti normalų įmonės (ūkio) funkcionavimą; 4) patenkinti reikalavimus, kylančius iš darbo santykių; 5) apsaugoti ir tvarkyti paveldimą turtą.

5.60 straipsnis. Palikimo atsisakymas

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1. Įpėdinis pagal įstatymą ar įpėdinis pagal testamentą turi teisę per tris mėnesius nuo palikimo atsiradimo dienos atsisakyti palikimo. Neleidžiama atsisakyti su sąlygomis ir išlygomis arba dalies palikimo.

2. Palikimo atsisakymas turi tas pačias pasekmes kaip ir palikimo nepriėmimas. 3. Įpėdinis atsisako palikimo, paduodamas pareiškimą palikimo atsiradimo vietos notarui. 4. Neleidžiama atsisakyti palikimo, jeigu įpėdinis padavė palikimo atsiradimo vietos

notarui pareiškimą, kad jis priima palikimą arba prašo išduoti jam paveldėjimo teisės liudijimą, arba kreipėsi į palikimo atsiradimo vietos apylinkės teismą dėl turto apyrašo sudarymo.

5.61 straipsnis. Paveldėjimo dalių padidėjimas 1. Jeigu įpėdinis pagal įstatymą ar įpėdinis pagal testamentą nepriėmė palikimo arba jeigu

testatorius atėmė iš įpėdinio paveldėjimo teisę, tai palikimo dalis, priklausiusi tam įpėdiniui, atitenka įpėdiniams pagal įstatymą ir padalijama jiems lygiomis dalimis.

2. Jeigu palikėjas visą savo turtą paliko testamentu savo paskirtiems įpėdiniams, tai palikimo dalis, priklausiusi atsisakiusiam ar nepriėmusiam palikimo įpėdiniui, atitenka kitiems įpėdiniams pagal testamentą ir padalijama jiems lygiomis dalimis.

3. Šiame straipsnyje nustatytos taisyklės netaikomos tais atvejais, kai atsisakiusiam ar nepriėmusiam palikimo įpėdiniui yra paskirtas antrinis įpėdinis.

5.62 straipsnis. Palikimo perėjimas valstybei 1. Paveldimas turtas paveldėjimo teise pereina valstybei, jeigu: 1) turtas testamentu paliktas valstybei; 2) palikėjas neturi įpėdinių nei pagal įstatymą, nei pagal testamentą; 3) nė vienas įpėdinis nepriėmė palikimo; 4) iš visų įpėdinių atimta paveldėjimo teisė. 2. Jeigu nėra įpėdinių pagal įstatymą, o testamentu palikta tiktai dalis palikėjo turto, tai

likusioji dalis pereina valstybei. 3. Valstybė atsako už palikėjo skolas neviršydama jai perėjusio paveldėto turto tikrosios

vertės.

5.63 straipsnis. Kreditorių reikalavimų pareiškimo ir tenkinimo tvarka 1. Palikėjo kreditoriai turi teisę per tris mėnesius nuo palikimo atsiradimo dienos pareikšti

reikalavimus priėmusiems palikimą įpėdiniams, testamento vykdytojui arba palikimo administratoriui arba pareikšti teisme ieškinį dėl paveldimo turto.

2. Reikalavimai pareiškiami neatsižvelgiant į jų patenkinimo terminų suėjimą. 3. Šio straipsnio 1 ir 2 dalyse nustatyta palikėjo kreditorių reikalavimų pateikimo tvarka

netaikoma reikalavimams, pagrįstiems hipoteka ir įkeitimu, taip pat reikalavimams, susijusiems su paveldimos individualios (personalinės) įmonės ar ūkininko ūkio veikla. Reikalavimai, susiję su paveldimos įmonės ar ūkio veikla, pereina įpėdiniams ir realizuojami pagal palikėjo sudarytus sandorius, išskyrus tuos atvejus, kai paveldima įmonė, kuriai pradedamas bankroto procesas, ar ūkis yra nemokus.

4. Teismas gali pratęsti šio straipsnio 1 dalyje numatytą terminą, jeigu terminas buvo praleistas dėl svarbių priežasčių ir nuo palikimo atsiradimo dienos nepraėjo daugiau kaip treji metai.

5.64 straipsnis. Palikimo apsauga 1. Palikimo atsiradimo vietos teismas, gavęs žinią apie palikimo atsiradimą, imasi

reikalingų priemonių palikimui apsaugoti, jeigu: 1) nežinomi įpėdiniai; 2) įpėdinių nėra palikimo atsiradimo vietoje; 3) įpėdiniai nenori ar negali priimti palikimo; 4) nors vienas įpėdinių yra neveiksnus; 5) žinoma, kad palikėjas turi didelių skolų; 6) yra kitų aplinkybių, lemiančių palikimo apsaugą. 2. Paveldimas turtas saugomas, kol jį priims visi įpėdiniai, o jeigu jis nepriimtas, – kol

pasibaigs terminas, nustatytas palikimui priimti.

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5.65 straipsnis. Paveldimo turto palikimo administratoriaus skyrimas Jeigu į palikimą įeina turtas, kurį reikia tvarkyti (individuali (personalinė) įmonė, ūkininko

ūkis, vertybiniai popieriai ir kt.), ir to negali atlikti testamento vykdytojas arba įpėdinis, taip pat jeigu palikėjo kreditoriai pareiškia ieškinį prieš priimant įpėdiniams palikimą, tai apylinkės teismas skiria paveldimo turto palikimo administratorių, kuris turi šio kodekso 5.38 straipsnio nustatytas teises. Palikimo administratoriui taikomos mutatis mutandis šio kodekso ketvirtosios knygos XIV skyriaus normos.

5.66 straipsnis. Prašymas išduoti paveldėjimo teisės liudijimą 1. Įpėdiniai, paveldėję pagal įstatymą arba testamentą, gali prašyti palikimo atsiradimo

vietos notarą išduoti paveldėjimo teisės liudijimą. 2. Tokia pat tvarka išduodamas paveldėjimo teisės liudijimas tada, kai paveldimas turtas

pereina valstybei ar savivaldybei.

5.67 straipsnis. Paveldėjimo teisės liudijimo išdavimo terminas 1. Paveldėjimo teisės liudijimas įpėdiniams išduodamas suėjus trims mėnesiams nuo

palikimo atsiradimo dienos. 2. Paveldint tiek pagal įstatymą, tiek pagal testamentą, paveldėjimo teisės liudijimas

fiziniams asmenims gali būti išduodamas ir prieš sueinant trims mėnesiams nuo palikimo atsiradimo dienos, jeigu notaras turi duomenų, kad, be asmenų, prašančių išduoti paveldėjimo teisės liudijimą, daugiau įpėdinių nėra.

VII SKYRIUS ĮPĖDINIŲ SAVITARPIO SANTYKIAI

5.68 straipsnis. Paveldimo turto teisinė padėtis Kai yra keletas įpėdinių, jų paveldėtas turtas yra visų šių įpėdinių bendroji dalinė

nuosavybė, jeigu testamentu nenustatyta kitaip.

5.69 straipsnis. Palikimo pasidalijimas 1. Nieko negalima priversti atsisakyti teisės į jam priklausančios dalies išskyrimą.

Palikimas pasidalijamas bendru įpėdinių sutarimu. 2. Palikimo negalima dalyti: 1) iki įpėdinio pagal įstatymą ar pagal testamentą gimimo; 2) jeigu testatorius testamentu nustatė terminą, per kurį įpėdiniai paveldėtą turtą valdo

bendrai. Šis terminas negali būti ilgesnis nei penkeri metai nuo palikimo atsiradimo dienos, išskyrus tuos atvejus, kai tarp įpėdinių yra nepilnamečių. Tokiu atveju palikėjas gali uždrausti dalyti palikimą, kol įpėdiniui sueis aštuoniolika metų.

5.70 straipsnis. Turto pasidalijimo būdai 1. Įpėdiniai paveldėtą turtą gali pasidalyti bendru sutarimu iki įpėdinių teisių į daiktus

įregistravimo viešame registre. Nekilnojamųjų daiktų padalijimas forminamas notarine sutartimi, ji turi būti įregistruota viešame registre. Įpėdiniams nesutarus dėl turto pasidalijimo, pagal kiekvieno jų ieškinį turtą padalija teismas.

2. Dalūs daiktai dalijami natūra, nedalūs paskiriami vienam iš įpėdinių, atsižvelgiant į daikto pobūdį ir įpėdinio poreikius, kitiems įpėdiniams tokio daikto vertę kompensuojant kitais daiktais arba pinigais.

3. Galima visą palikimą arba atskirus daiktus bendru įpėdinių sutarimu parduoti aukcione ir gautą sumą pasidalyti arba tarp įpėdinių surengti varžytynes dėl atskirų daiktų ir daiktą perduoti tam, kuris iš įpėdinių pasiūlys už jį didžiausią kainą.

4. Pavienių daiktų perdavimo konkrečiam įpėdiniui klausimas bendru sutarimu gali būti išspręstas burtais.

5.71 straipsnis. Ūkininko ūkio paveldėjimas

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Tais atvejais, kai ūkininko ūkio padalijimas gali suardyti ūkį, pirmenybės teisę gauti ūkį ir jam priklausantį inventorių turi tas įpėdinis, kuris daugiausia dirbo paveldimame ūkyje ir yra pasiryžęs bei pasiruošęs pats ūkininkauti. Tokiu atveju kilus ginčui, teismas kitiems įpėdiniams priklausančios kompensacijos už jiems priklausančias turto dalis išmokėjimą gali išdėstyti iki dešimties metų, priimdamas sprendimą nustatyti priverstinę hipoteką visiems tokio įpėdinio nekilnojamiesiems daiktams.

5.72 straipsnis. Įpėdinio pirmenybės teisė į įmonę Kelių asmenų paveldėtą individualią (personalinę) įmonę pirmenybės teise gauti natūra

turi tas įpėdinis, kuris pats nori ir gali tvarkyti paveldėtą įmonę. Šiuo atveju taip pat atsižvelgiama į gaunančio įmonę natūra galimybę atsiskaityti su kitais įpėdiniais.

5.73 straipsnis. Kitų įpėdinių pirmenybės teisė pirkti paveldėtą ūkininko ūkį Jeigu įpėdinis šio kodekso 5.71 straipsnio nustatyta tvarka paveldėtą ūkininko ūkį

parduoda nepraėjus dešimčiai metų nuo ūkio paveldėjimo, kiti įpėdiniai turi pirmenybės teisę pirkti ūkį, jeigu jiems nebuvo išmokėta visa kompensacija, numatyta šio kodekso 5.71 straipsnyje. Pardavus ūkį, kiti įpėdiniai įgyja teisę reikalauti, kad jiems nedelsiant būtų išmokėta likusi kompensacijos dalis.

5.74 straipsnis. Dokumentai 1. Jeigu įpėdiniai nesusitarė kitaip, šeimos ir paveldimo turto dokumentai nepasidalijami ir

perduodami saugoti bendru sutarimu vienam iš įpėdinių arba tam įpėdiniui, kuris gavo didžiausią palikimo dalį, o jeigu dalys vienodos, – vyriausiam įpėdiniui. Įpėdinis, kuriam perduodami saugoti dokumentai, privalo leisti kitiems įpėdiniams susipažinti su dokumentais, daryti jų nuorašus, išrašus.

2. Nekilnojamojo daikto dokumentus gauna tas įpėdinis, kuriam pereina nekilnojamasis daiktas. Jeigu keletas įpėdinių paveldi nekilnojamąjį daiktą, tai bendru sutarimu dokumentai saugomi pas vieną jų.

3. Ginčus dėl dokumentų sprendžia teismas, atsižvelgdamas į dalių dydžius, nekilnojamojo daikto naudojimą, įpėdinių gyvenamąją vietą ir kitas aplinkybes.

VIII SKYRIUS ATSKIRŲ TURTO RŪŠIŲ PAVELDĖJIMO YPATYBĖS

5.75 straipsnis. Žemės paveldėjimas Jeigu žemę paveldi įpėdinis, kuris pagal Lietuvos Respublikos įstatymus negali turėti

nuosavybės teisės į žemę, jis įgyja teisę tik į pinigų sumą, gautą pardavus paveldėtą žemę. Žemė pagal įpėdinio pateiktą paveldėjimo teisės liudijimą parduodama Vyriausybės nustatyta tvarka įpėdinio nurodytam pirkėjui arba aukcione. Gauta suma išmokama įpėdiniui, atskaičius pardavimo arba aukciono organizavimo išlaidas.

5.76 straipsnis. Pramoninės nuosavybės paveldėjimas 1. Palikėjo teisę gauti išradimo patentą, pramoninio dizaino liudijimą paveldi įpėdiniai.

Taip pat paveldimos pramoninės nuosavybės apsaugos dokumentų suteikiamos teisės. 2. Kartu su įmone įpėdiniams pereina teisė į juridinio asmens pavadinimą, prekių ženklus. 3. Įpėdiniams pereina teisės ir pareigos pagal palikėjo sudarytas licencines sutartis, jiems

pereina teisės į gamybines ir komercines paslaptis (know–how), teisės ir pareigos pagal gamybinių ir komercinių paslapčių perdavimo sutartis, jeigu šios paslaptys nėra neatskiriamos nuo palikėjo asmenybės.

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ŠEŠTOJI KNYGA

PRIEVOLIŲ TEISĖ

I DALIS BENDROSIOS NUOSTATOS

I SKYRIUS PRIEVOLĖS SAMPRATA IR PRIEVOLIŲ ATSIRADIMAS

6.1 straipsnis. Prievolės samprata Prievolė – tai teisinis santykis, kurio viena šalis (skolininkas) privalo atlikti kitos šalies

(kreditoriaus) naudai tam tikrą veiksmą arba susilaikyti nuo tam tikro veiksmo, o kreditorius turi teisę reikalauti iš skolininko, kad šis įvykdytų savo pareigą.

6.2 straipsnis. Prievolių atsiradimo pagrindai Prievolės atsiranda iš sandorių arba kitokių juridinių faktų, kurie pagal galiojančius

įstatymus sukuria prievolinius santykius.

6.3 straipsnis. Prievolių dalykas 1. Prievolės dalyku gali būti bet kokie veiksmai (veikimas, neveikimas), kurių nedraudžia

įstatymai ir kurie neprieštarauja viešajai tvarkai ar gerai moralei. 2. Prievolės dalyku taip pat gali būti bet koks turtas, taip pat ir tas, kuris bus sukurtas

ateityje, apibūdintas pagal rūšį ar kiekį arba kurį galima apibūdinti pagal kitus kriterijus. 3. Prievolės dalykas gali turėti piniginę arba nepiniginę išraišką, tačiau jis turi atitikti

prievolės dalykui keliamus reikalavimus. 4. Prievolės dalyku negali būti tai, kas neįvykdoma.

6.4 straipsnis. Prievolės šalių pareigos Kreditorius ir skolininkas privalo elgtis sąžiningai, protingai ir teisingai tiek prievolės

atsiradimo ir egzistavimo, tiek ir jos vykdymo ar pasibaigimo metu.

II SKYRIUS PRIEVOLIŲ RŪŠYS

PIRMASIS SKIRSNIS SKOLININKŲ IR KREDITORIŲ DAUGETAS

6.5 straipsnis. Skolininkų daugetas Jeigu skolininkai yra du ar daugiau asmenų (bendraskolių), tai kiekvienas iš jų privalo

įvykdyti prievolę lygiomis dalimis (dalinė prievolė), išskyrus įstatymų ar šalių susitarimu nustatytus atvejus.

6.6 straipsnis. Solidarioji skolininkų pareiga 1. Solidarioji skolininkų prievolė nepreziumuojama, išskyrus įstatymų nustatytas išimtis. Ji

atsiranda tik įstatymų ar šalių susitarimu nustatytais atvejais, taip pat kai prievolės dalykas yra nedalus.

2. Prievolė gali būti solidari nepaisant to, kad vieno skolininko pareiga pagal jos įvykdymo sąlygas skiriasi nuo kitų skolininkų pareigos, pavyzdžiui, kai vienam skolininkui nustatytas terminas, o kitam nenustatytas, kai vienas įsipareigoja besąlygiškai, o kitas – su sąlyga ir panašiai.

3. Solidarioji skolininkų pareiga preziumuojama, jeigu prievolė susijusi su paslaugų teikimu, jungtine veikla arba kelių asmenų veiksmais padarytos žalos atlyginimu.

4. Jeigu skolininkų pareiga yra solidari, tai kreditorius turi teisę reikalauti, kad prievolę įvykdytų tiek visi ar keli skolininkai bendrai, tiek bet kuris iš jų skyrium, be to, tiek ją visą, tiek jos dalį.

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5. Kreditorius, kuriam solidariosios prievolės visiškai neįvykdė vienas iš skolininkų, turi teisę reikalauti, kad likusią prievolės dalį įvykdytų bet kuris iš kitų skolininkų arba visi jie bendrai.

6. Bendraskoliai yra įpareigoti iki to laiko, kada bus įvykdyta visa prievolė. 7. Jeigu solidariąją prievolę visiškai įvykdo vienas iš skolininkų, tai atleidžia kitus

skolininkus nuo jos vykdymo kreditoriui. 8. Kreditorius, kuris atskirai ir besąlygiškai priima dalį prievolės įvykdymo iš vieno

bendraskolio ir pakvitavime nurodo, kad gavo būtent tą dalį iš konkretaus skolininko, tuo pačiu atsisako solidariosios prievolės tik šio skolininko atžvilgiu.

6.7 straipsnis. Bendraskolių atsikirtimai kreditoriaus reikalavimams Kai pareiga solidarioji, skolininkas gali panaudoti prieš kreditoriaus reikalavimą tiek

bendrus visiems skolininkams, tiek ir asmeninius atsikirtimus. Tačiau skolininkas neturi teisės atsikirsti kreditoriaus reikalavimui, kai atsikirtimas pagrįstas tokiais kitų bendraskolių teisiniais santykiais, kuriuose tas skolininkas nedalyvauja, taip pat negali naudoti prieš kreditorių tokių gynybos priemonių, kurias gali panaudoti tik asmeniškai vienas ar keli kiti bendraskoliai.

6.8 straipsnis. Kitos bendraskolių teisės ir pareigos 1. Kiekvienas iš solidariosios prievolės skolininkų turi teisę kitų bendraskolių vardu

priimti kreditoriaus reikalavimo teisės atsisakymą jo ir kitų skolininkų atžvilgiu, jeigu tas atsisakymas taikomas ir kitiems bendraskoliams.

2. Prievolės įvykdymo atidėjimas, kurį kreditorius suteikia vienam iš bendraskolių, atitinkamai taikomas ir kitiems bendraskoliams, kiek tai atitinka kreditoriaus ketinimus.

3. Jeigu kreditorius atsisako reikalavimo vieno iš bendraskolių naudai, jis išsaugo teisę reikalauti įvykdyti visą prievolę solidariai iš likusių bendraskolių.

4. Dėl vieno iš bendraskolių nemokumo atsirandantys nuostoliai paskirstomi lygiomis dalimis kitiems bendraskoliams, išskyrus atvejus, kai jų prievolės dalys nelygios.

6.9 straipsnis. Bendraskolių tarpusavio atgręžtiniai reikalavimai 1. Solidariąją pareigą įvykdęs skolininkas turi teisę regreso tvarka reikalauti iš visų kitų

bendraskolių lygiomis dalimis to, ką jis įvykdė, atskaičius jam pačiam tenkančią dalį, jeigu ko kita nenumato įstatymai ar sutartis. Tai, ko vienas iš bendraskolių dėl savo nemokumo nesumoka solidariąją pareigą įvykdžiusiam skolininkui, turi padengti lygiomis dalimis kiti bendraskoliai, išskyrus atvejus, kai jų skolos dalys nelygios.

2. Jeigu solidarioji prievolė yra nepiniginė, atgręžtinio reikalavimo atveju įvykdžiusiam solidariąją prievolę skolininkui kiti bendraskoliai išmoka piniginę kompensaciją.

3. Šio straipsnio 1 ir 2 dalyse nustatytos taisyklės taikomos paskirstant bendraskoliams solidariosios prievolės įvykdymo išlaidas.

4. Bendraskolis, kuriam buvo pareikštas reikalavimas, gali panaudoti tokius pat atsikirtimus šiam reikalavimui, kokius jis galėjo pareikšti kreditoriui reikalavimo atsiradimo metu, taip pat kitus atsikirtimus, išskyrus tuos, kurie yra pagrįsti išimtinai asmeniniais bendraskolio santykiais su kitu bendraskoliu, nepareiškusiu atgręžtinio reikalavimo.

5. Jeigu prievolė atsirado išimtinai vieno iš bendraskolių interesais arba prievolė neįvykdyta tik dėl vieno iš skolininkų kaltės, tai toks skolininkas atsako kitiems bendraskoliams už visą skolą. Šiuo atveju kiti bendraskoliai laikomi to skolininko laiduotojais.

6.10 straipsnis. Solidariosios pareigos ir solidariojo reikalavimo perėjimas prievolės šalių įpėdiniams

1. Jeigu įstatymai ar sutartys nenumato ko kita, solidarioji pareiga po skolininko mirties padalijama jo įpėdiniams pagal šio kodekso penktojoje knygoje nustatytas taisykles, išskyrus atvejus, kai prievolė yra nedali.

2. Šio straipsnio 1 dalyje nustatyta taisyklė taikoma ir kai kreditoriaus reikalavimas yra solidarusis.

6.11 straipsnis. Novacijos įtaka solidariajai pareigai Kreditoriaus ir vieno iš bendraskolių novacija atleidžia kitus bendraskolius nuo pareigos

vykdymo, išskyrus įstatymų ar sutarties numatytus atvejus. Jeigu novacija aiškiai susijusi tik su

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vieno iš bendraskolių dalimi, tai kiti bendraskoliai atleidžiami tik nuo to bendraskolio pareigos dalies vykdymo.

6.12 straipsnis. Solidariosios skolos ir solidariojo reikalavimo teisės pripažinimas 1. Jeigu skolą pripažįsta vienas iš bendraskolių, toks pripažinimas taikomas ir kitiems

bendraskoliams. 2. Jeigu reikalavimo teisė pripažįstama vienam iš kreditorių, turinčiam solidariojo

reikalavimo teisę, toks pripažinimas taikomas ir kitiems kreditoriams.

6.13 straipsnis. Skolininko ir kreditoriaus sutapimas 1. Jeigu pareiga yra solidarioji, o skolininkas ir kreditorius tas pats, kitų bendraskolių

prievolė šio skolininko dalyje pasibaigia. 2. Šio straipsnio 1 dalyje nustatyta taisyklė taikoma ir kai yra solidarioji reikalavimo teisė.

6.14 straipsnis. Teismo sprendimo galia solidariosios pareigos atveju 1. Teismo priimtas sprendimas dėl kreditoriaus ir vieno iš bendraskolių ginčo turi įtakos ir

kitiems bendraskoliams. 2. Kiti bendraskoliai gali panaudoti 1 dalyje nurodytą teismo sprendimą atsikirtimams

kreditoriaus reikalavimui, išskyrus atvejus, kai sprendimas yra pagrįstas tik to skolininko išimtinai asmeniniais santykiais su kreditoriumi.

3. Ieškinio pareiškimas vienam iš bendraskolių neatima iš kreditoriaus teisės pareikšti ieškinį kitiems bendraskoliams, tačiau skolininkas, kuriam pareikštas ieškinys, turi teisę reikalauti įtraukti į bylą kitus bendraskolius.

6.15 straipsnis. Prievolės neįvykdymas dėl vieno iš bendraskolių kaltės solidariosios pareigos atveju

1. Jeigu prievolę įvykdyti negalima dėl vieno iš bendraskolių kaltės, kiti bendraskoliai neatleidžiami nuo atsakomybės už prievolės neįvykdymą.

2. Jeigu prievolės neįmanoma įvykdyti natūra arba jos įvykdymo terminas praleistas dėl vieno ar kelių bendraskolių kaltės, kiti bendraskoliai neatleidžiami nuo pareigos atlyginti kreditoriui nuostolius, tačiau jie neatsako už papildomus kreditoriaus nuostolius. Reikalavimą dėl papildomų nuostolių kreditorius gali pareikšti tik tiems bendraskoliams, dėl kurių kaltės neįmanoma įvykdyti prievolės ar dėl kurių kaltės praleistas jos įvykdymo terminas.

6.16 straipsnis. Senatis solidariosios prievolės atveju 1. Veiksmai, kuriais nutraukiamas ieškinio senaties terminas kreditoriaus ir vieno iš

bendraskolių santykiams, turi tokią pat reikšmę to kreditoriaus santykiams su kitais bendraskoliais. Ši taisyklė taikoma ir tuo atveju, kai yra solidarioji reikalavimo teisė.

2. Ieškinio senaties termino sustabdymas vienam iš bendraskolių neturi įtakos kitiems bendraskoliams. Ši taisyklė taikoma, kai yra solidarioji reikalavimo teisė. Tačiau skolininkas, iš kurio buvo reikalaujama įvykdyti prievolę, turi atgręžtinio reikalavimo teisę bendraskoliams, kurių pareiga pasibaigė dėl ieškinio senaties termino pabaigos.

3. Vieno iš skolininkų pareikštas atsisakymas reikalauti taikyti ieškinio senatį neturi įtakos kitiems bendraskoliams. Jeigu toks atsisakymas pareiškiamas tik dėl vieno iš kreditorių, turinčių solidariąją reikalavimo teisę, jis yra taikomas ir kitiems kreditoriams. Bendraskolis, kuris atsisakė reikalauti taikyti ieškinio senatį, netenka atgręžtinio reikalavimo teisės į kitus bendraskolius, kurių pareiga pasibaigė suėjus ieškinio senaties terminui.

6.17 straipsnis. Kreditorių daugetas Jeigu kreditorius yra du ir daugiau asmenų, tai kiekvienas iš jų turi teisę reikalauti lygios

dalies, išskyrus įstatymų ar šalių susitarimų nustatytus atvejus.

6.18 straipsnis. Solidarusis kreditorių reikalavimas 1. Įstatymai ar šalių susitarimai gali nustatyti, kad kreditorių reikalavimas yra solidarusis,

t. y. kiekvienas iš kreditorių turi teisę pareikšti skolininkui reikalavimą tiek dėl visos skolos, tiek ir dėl jos dalies. Reikalavimas yra solidarusis ir tais atvejais, kai prievolės dalykas yra nedalus.

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2. Skolininkas neturi teisės pareikšti vieno iš kreditorių solidariajam reikalavimui atsikirtimų, pagrįstų tokiais skolininko teisiniais santykiais, kuriuose tas kreditorius nedalyvauja.

3. Visos pareigos įvykdymas vienam iš kreditorių, turinčių solidariąją reikalavimo teisę, atleidžia skolininką nuo pareigos įvykdymo kitiems kreditoriams.

4. Gavęs iš skolininko įvykdymą, kreditorius privalo kitiems kreditoriams atlyginti jiems priklausančias dalis, jeigu ko kita nelemia jų tarpusavio santykiai.

6.19 straipsnis. Galimybė pasirinkti kreditorių Skolininkas turi teisę pasirinkti bet kurį iš kreditorių, turinčių solidariąją reikalavimo teisę,

kuriam jis įvykdys prievolę, išskyrus atvejus, kai vienas iš kreditorių jau yra pareiškęs ieškinį skolininkui dėl prievolės įvykdymo.

6.20 straipsnis. Novacijos įtaka solidariajam reikalavimui Vieno iš kreditorių, turinčių solidariąją reikalavimo teisę, ir skolininko novacija taikoma

tik šio kreditoriaus daliai ir negali būti panaudota prieš kitus bendraskolius.

6.21 straipsnis. Solidariosios reikalavimo teisės atsisakymas 1. Jeigu vienas iš kreditorių atsisako savo reikalavimo teisės, tai šis atsisakymas atleidžia

skolininką tik nuo tos prievolės dalies, kurią įvykdyti galėjo reikalauti šis kreditorius, vykdymo. 2. Šio straipsnio 1 dalyje numatytas atsisakymas neatleidžia kreditorių nuo tarpusavio

atsiskaitymų.

6.22 straipsnis. Teismo sprendimo galia solidariojo reikalavimo atveju 1. Teismo priimtas sprendimas dėl vieno iš kreditorių ir skolininko ginčo turi įtakos

kitiems kreditoriams. 2. Kiti kreditoriai gali panaudoti prieš skolininką priimtą sprendimą tiek, kiek jis susijęs su

skolininko atsikirtimais kiekvienam iš jų.

6.23 straipsnis. Reikalavimo atsisakymas 1. Atsisakęs reikalavimo vienam iš skolininkų, solidariosios prievolės kreditorius

nepraranda teisės pareikšti solidarųjį reikalavimą kitiems bendraskoliams. 2. Kreditoriaus solidarusis reikalavimas vienam iš bendraskolių pasibaigia, jeigu

kreditorius: 1) be jokių išimčių pripažįsta, kad vienas iš bendraskolių sumokėjo savo dalį; 2) pareiškia ieškinį skolininkui tik dėl šio skolininko dalies išieškojimo, o skolininkas

pripažįsta tokį ieškinį arba teismas tokį ieškinį patenkina. 3. Kai kreditorius atsisako solidariojo reikalavimo vienam iš bendraskolių, o kitas iš

bendraskolių tapo nemokus, nemokaus bendraskolio dalis paskirstoma kitiems bendraskoliams, išskyrus bendraskolio, dėl kurio buvo atsisakyta solidariojo reikalavimo, dalį.

ANTRASIS SKIRSNIS DALOMOSIOS IR NEDALOMOSIOS PRIEVOLĖS

6.24 straipsnis. Dalomosios prievolės 1. Prievolės yra dalomosios, išskyrus specialiai įstatymų numatytus atvejus, taip pat kai

dėl prievolės dalyko prigimties prievolė nedaloma nei fizine, nei abstrakčia prasme. 2. Jeigu prievolė yra dalomoji ir ją turi daugiau nei vienas skolininkas ar kreditorius, tačiau

ši prievolė nėra solidarioji, tai kiekvienas kreditorius gali reikalauti patenkinti tik savo dalį, o kiekvienas skolininkas yra įpareigotas įvykdyti tik savo dalį.

3. Skolininko įpėdinis, kuris buvo įpareigotas įvykdyti prievolę arba kuris valdo prievolės dalyku esantį turtą, neturi teisės reikalauti padalyti prievolės įvykdymą.

4. Vieno skolininko prievolė vienam kreditoriui gali būti įvykdyta tik kaip nedalomoji prievolė, tačiau ši prievolė tampa dalomąja prievolės šalių įpėdiniams, išskyrus atvejus, kai prievolė nedali.

6.25 straipsnis. Nedalomosios prievolės

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1. Prievolė yra nedalomoji, jeigu jos dalykas dėl savo prigimties yra nedalus arba jeigu prievolės šalys susitarė dėl tokio jos įvykdymo būdo, kuriuo įvykdyti prievolę dalimis neįmanoma.

2. Prievolės nedalumas reiškia, kad ji negali būti padalyta nei kreditoriams, nei skolininkams, nei jų įpėdiniams.

3. Šalių susitarimas dėl prievolės solidarumo nedaro jos nedalomąja. 4. Kiekvienas skolininkas, kurio prievolė nedalomoji, ar jo įpėdinis gali būti atskirai

įpareigotas įvykdyti visą prievolę ir kiekvienas nedalomosios prievolės kreditorius ar šio įpėdinis gali reikalauti įvykdyti visą prievolę, nors ji ir nėra solidarioji prievolė.

5. Jeigu įvykdyti visą prievolę reikalauja kreditoriaus įpėdinis, jis turi užtikrinti kitų įpėdinių interesų apsaugą.

TREČIASIS SKIRSNIS ALTERNATYVIOSIOS PRIEVOLĖS

6.26 straipsnis. Alternatyviosios prievolės samprata 1. Prievolė yra alternatyvioji, kai skolininkas turi atlikti vieną iš dviejų ar iš daugiau

skirtingų veiksmų (pagrindinių prievolės įvykdymo būdų) savo, kreditoriaus ar trečiojo asmens pasirinkimu. Kai pasirinktas veiksmas atliktas, laikoma, kad prievolė visiškai įvykdyta.

2. Skolininkas negali reikalauti, kad kreditorius priimtų dalį įvykdytos prievolės vienu būdu ir dalį kitu būdu.

3. Prievolė nelaikoma alternatyviąja, jeigu tuo metu, kai ji atsirado, vienas iš dviejų galimų jos įvykdymo būdų negalėjo būti tos prievolės dalykas.

4. Alternatyvioji prievolė tampa paprasta prievole, kai pasirinkimo teisę turintis asmuo pasirenka konkretų veiksmą (prievolės įvykdymo būdą).

6.27 straipsnis. Pasirinkimo teisė 1. Kai prievolė yra alternatyvioji, pasirinkimo teisė priklauso skolininkui, išskyrus atvejus,

kai įstatymai, sutartis ar teismo sprendimas nustato, kad pasirinkimo teisė priklauso kreditoriui ar trečiajam asmeniui.

2. Pasirinkimas tampa neatšaukiamas nuo to momento, kai atliktas konkretus pasirinktas veiksmas arba kai apie pasirinktą konkretų veiksmą viena šalis praneša kitai šaliai, arba kai apie tai pranešama abiem šalims, jeigu ši teisė priklauso trečiajam asmeniui.

3. Jeigu pasirinkimo teisė priklauso vienai iš prievolės šalių, tačiau ši šalis per nustatytą terminą nepasirenka konkretaus veiksmo, tai ši teisė pereina kitai prievolės šaliai. Pasirinkimo teisė negali pereiti kreditoriui tol, kol šis neturi teisės reikalauti įvykdyti prievolę, o skolininkui – tol, kol šis neturi pareigos įvykdyti prievolę. Kai konkretaus veiksmo nepasirenka trečiasis asmuo, jį nustato teismas.

4. Pasirinkimo teisės įgyvendinimo terminą gali nustatyti šalys savo susitarimu. Jeigu toks terminas nenustatytas, tai jį gali nustatyti pasirinkimo teisės neturinti šalis. Toks terminas turi būti protingas.

5. Jeigu reikalavimo teisė buvo įkeista, o prievolės įvykdyti negalima dėl to, kad nepasirinktas konkretus veiksmas, įkaito turėtojas gali nustatyti abiem prievolės šalims terminą, per kurį jos turi pasirinkti konkretų veiksmą. Jeigu per šį terminą šalys konkretaus veiksmo nepasirenka, pasirinkimo teisė pereina įkaito turėtojui.

6.28 straipsnis. Negalėjimas įvykdyti alternatyviąją prievolę 1. Jeigu vienas iš kelių prievolės įvykdymo būdų yra neįmanomas nuo pat prievolės

atsiradimo arba tapo neįmanomas po prievolės atsiradimo, tai prievolė vykdoma likusiu būdu. 2. Šio straipsnio 1 dalyje nustatyta taisyklė netaikoma, jeigu įvykdyti prievolę vienu iš

kelių būdų neįmanoma dėl aplinkybių, už kurias atsako pasirinkimo teisės neturinti prievolės šalis. Šiuo atveju skolininkas atsako už prievolės neįvykdymą.

3. Jeigu skolininkas turėjo pasirinkimo teisę ir vienas iš kelių prievolės įvykdymo būdų tapo neįmanomas ne dėl jo kaltės, skolininkas privalo įvykdyti prievolę likusiu būdu.

4. Jeigu skolininkas turėjo pasirinkimo teisę ir dėl jo kaltės prievolės įvykdyti nebeįmanoma nė vienu iš būdų, tai skolininkas kreditoriui atsako tiek, kiek buvo galima įvykdyti prievolę paskutiniu iš buvusių būdų.

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5. Jeigu prievolės nebeįmanoma įvykdyti nė vienu būdu ne dėl skolininko kaltės, laikoma, kad prievolė baigėsi.

6. Jeigu pasirinkimo teisė priklauso kreditoriui ir prievolės nebeįmanoma įvykdyti vienu iš būdų, tai kreditorius turi priimti prievolės įvykdymą kitais būdais. Kai įvykdyti prievolę vienu iš būdų tapo neįmanoma dėl skolininko kaltės, kreditorius gali reikalauti įvykdyti prievolę natūra kitais būdais arba reikalauti atlyginti nuostolius, padarytus dėl prievolės neįvykdymo tuo negalimu būdu. Jeigu dėl skolininko kaltės prievolės neįmanoma įvykdyti nė vienu iš kelių būdų, tai kreditorius savo pasirinkimu turi teisę reikalauti atlyginti nuostolius, padarytus dėl vieno ar kito prievolės įvykdymo būdo neįmanomumo.

6.29 straipsnis. Fakultatyvioji prievolė 1. Prievolė yra fakultatyvioji, jeigu ji turi tik vieną pagrindinį dalyką (įvykdymo būdą),

tačiau kai negalima prievolės įvykdyti pagrindiniu būdu, ją galima įvykdyti ir kitu pagrindiniam įvykdymo būdui neprieštaraujančiu būdu.

2. Skolininkas yra atleidžiamas nuo pareigos įvykdyti prievolę, jeigu ne dėl jo kaltės įvykdyti pagrindiniu būdu prievolę tampa neįmanoma ir negalima įvykdyti prievolės kitu būdu, neprieštaraujančiu pagrindiniam įvykdymo būdui.

KETVIRTASIS SKIRSNIS SĄLYGINĖS PRIEVOLĖS

6.30 straipsnis. Sąlyginės prievolės samprata 1. Prievolė yra sąlyginė, kai jos atsiradimas, pasikeitimas ar pasibaigimas siejamas su tam

tikros aplinkybės buvimu ar nebuvimu ateityje. 2. Prievolės sąlyginis pobūdis nėra kliūtis perleisti ar paveldėti iš jos atsirandančias teises. 3. Sąlyginės prievolės gali būti su atidedamąja ir su naikinamąja sąlyga. Šiuo atveju

taikomas šio kodekso 1.66 straipsnis. 4. Prievolė nelaikoma sąlygine, jeigu jos pasibaigimas susijęs su aplinkybe, kuri nežinant

prievolės šalims jau buvo tuo metu, kai skolininkas prisiėmė sąlyginę prievolę. 5. Prievolė, kurios atsiradimas siejamas su sąlyga, kurios buvimas visiškai priklauso nuo

skolininko, negalioja. Tačiau jeigu sąlyga yra tam tikrų veiksmų atlikimas ar neatlikimas, prievolė galioja net ir tais atvejais, kai tų veiksmų atlikimas ar neatlikimas priklauso nuo skolininko.

6.31 straipsnis. Reikalavimai sąlygai 1. Sąlyga turi būti teisėta ir neprieštarauti viešajai tvarkai ir gerai moralei. 2. Sąlyga gali būti tik tokia aplinkybė, kurios buvimas ar nebuvimas yra įmanomas. 3. Jeigu sąlyga neteisėta, prieštarauja viešajai tvarkai ar gerai moralei arba yra neįmanoma,

tai tokia sąlyga negalioja ir daro negaliojančią prievolę, kuri su ja susijusi.

6.32 straipsnis. Sąlygos įvykdymo ar neįvykdymo terminai 1. Jeigu sąlygai įvykdyti nebuvo nustatyta jokio termino, tai sąlyga gali būti įvykdyta bet

kuriuo metu. Jeigu paaiškėja, kad sąlyga apskritai negali būti įvykdoma, tai laikoma, kad sąlyga neįvykdyta.

2. Kai prievolės atsiradimas, pasikeitimas ar pasibaigimas siejamas su sąlyga, kad tam tikros aplinkybės neturi atsirasti apibrėžtą laiko tarpą, sąlyga laikoma įvykusia, jeigu ši aplinkybė neatsiranda per tą apibrėžtą laiko tarpą, taip pat jeigu iki apibrėžto laiko tarpo pabaigos paaiškėja, kad ta aplinkybė apskritai neatsiras.

3. Jeigu terminas nebuvo nustatytas, laikoma, kad sąlyga neįvykdyta tol, kol paaiškėja, kad ta aplinkybė neatsiras.

PENKTASIS SKIRSNIS TERMINUOTOS PRIEVOLĖS

6.33 straipsnis. Terminuotų prievolių rūšys 1. Prievolės gali būti su atidedamuoju ir su naikinamuoju terminu.

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2. Prievolė su atidedamuoju terminu yra egzistuojanti prievolė, kuri nevykdytina tol, kol nesuėjo tam tikras terminas ar nebuvo tam tikros aplinkybės. Šiuo atveju negalima reikalauti ją įvykdyti tol, kol nesuėjo terminas, tačiau to, kas buvo įvykdyta savanoriškai ir neklystant iki termino pabaigos, negalima reikalauti grąžinti.

3. Prievolė su naikinamuoju terminu yra prievolė, kurios trukmę apibrėžia įstatymai ar šalių susitarimai ir kuri pasibaigia šiam terminui suėjus.

6.34 straipsnis. Terminuotų prievolių vykdymas 1. Jeigu tam tikros aplinkybės nėra, prievolė su atidedamuoju terminu vykdytina nuo tos

dienos, kurią ta aplinkybė normaliai turėjo atsirasti. 2. Negalima išreikalauti to, kam atlikti nustatytas terminas, iki šio termino pabaigos.

Tačiau to, kas buvo įvykdyta savanoriškai ir neklystant iki įvykdymo termino pabaigos, negalima reikalauti grąžinti.

6.35 straipsnis. Termino nustatymas 1. Terminą gali nustatyti įstatymai, šalių susitarimas ar teismo sprendimas. 2. Jeigu šalys susitarė nustatyti terminą ateityje arba jį nustatyti buvo pavesta vienai iš

šalių, tačiau tai nepadaryta, tai vienos iš šalių reikalavimu terminą nustato teismas, atsižvelgdamas į prievolės pobūdį ir bylos aplinkybes. Neatidėliotinais atvejais terminą gali nustatyti viena šalis. Terminas visais atvejais turi būti protingas.

3. Teismas gali nustatyti terminą, jeigu to reikalauja prievolės prigimtis, o šalys nebuvo jo nustačiusios.

4. Preziumuojama, kad terminas nustatomas skolininko naudai, išskyrus įstatymų ar sutarties numatytus atvejus, taip pat kai, atsižvelgiant į prievolės esmę ir pobūdį, aišku, jog terminas nustatytas kreditoriaus ar abiejų prievolės šalių naudai. Skolininkas praranda su terminu susijusias lengvatas, kai jis tampa nemokus, bankrutuoja arba be kreditoriaus sutikimo sumažina ar sunaikina pateiktą prievolės įvykdymo užtikrinimą, taip pat kai skolininkas neįvykdo sąlygų, su kuriomis siejamas lengvatų suteikimas.

5. Šalis, kurios naudai buvo nustatytas terminas, turi teisę atsisakyti jį taikyti be kitos šalies sutikimo. Tokiu atveju prievolę reikia vykdyti nedelsiant.

6. Kai viena prievolės šalis atsisako termino suteiktų lengvatų arba netenka teisės į termino teikiamas lengvatas, kita šalis įgyja teisę reikalauti įvykdyti prievolę nedelsiant.

ŠEŠTASIS SKIRSNIS PINIGINĖS PRIEVOLĖS

6.36 straipsnis. Piniginių prievolių valiuta 1. Piniginės prievolės turi būti išreiškiamos ir apmokamos valiuta, kuri pagal galiojančius

įstatymus yra teisėta atsiskaitymo priemonė Lietuvos Respublikoje. 2. Piniginės prievolės gali būti įstatymų nustatyta tvarka apmokamos banknotais

(monetomis), čekiais, vekseliais, mokamaisiais pavedimais, naudojant mokamąsias korteles ar kitomis teisėtomis mokėjimo priemonėmis.

3. Kai ieškinys pareikštas Lietuvos Respublikoje dėl užsienio valiuta išreikštos pinigų sumos priteisimo, kreditorius savo pasirinkimu gali reikalauti jam priteisti šią sumą užsienio valiuta arba Lietuvos Respublikos nacionaline valiuta pagal valiutų kursą, galiojantį mokėjimo dieną.

4. Jeigu piniginė prievolė išreikšta valiuta, kuri negali būti teisėta atsiskaitymo priemone, tai skolininkas privalo apmokėti prievolę ta valiuta, kuri yra teisėta atsiskaitymo priemonė, pagal valiutų kursą, galiojantį mokėjimo metu prievolės įvykdymo vietoje.

5. Jeigu skolininkas praleido prievolės įvykdymo terminą, o po šio termino pabaigos dėl valiutų kursų pasikeitimo valiuta, kuria turi būti mokama, nuvertėjo, tai skolininkas privalo sumokėti kreditoriui valiutos kurso, buvusio prievolės įvykdymo termino suėjimo metu, ir mokėjimo metu esančio kurso skirtumą. Ši taisyklė netaikoma, jeigu skolininkas prievolės neįvykdė laiku dėl kreditoriaus kaltės. Šią aplinkybę privalo įrodyti skolininkas.

6. Šio straipsnio 5 dalies nuostatos netaikomos, jeigu buvo pažeista šio straipsnio 1 dalies taisyklė.

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6.37 straipsnis. Palūkanos pagal prievoles 1. Palūkanas pagal prievoles gali nustatyti įstatymai arba šalių susitarimai. 2. Skolininkas taip pat privalo mokėti įstatymų nustatyto dydžio palūkanas už priteistą

sumą nuo bylos iškėlimo teisme iki teismo sprendimo visiško įvykdymo. 3. Kai palūkanų dydį nustato įstatymai, šalys gali raštu susitarti ir dėl didesnių palūkanų,

jeigu toks susitarimas neprieštarauja įstatymams ir sąžiningumo bei protingumo principams. Rašytinės formos nesilaikymas yra pagrindas taikyti įstatymų nustatytą palūkanų dydį.

4. Palūkanos už priskaičiuotas palūkanas neskaičiuojamos, išskyrus įstatymų ar šalių susitarimu nustatytas išimtis, jeigu toks šalių susitarimas nepažeidžia sąžiningumo, protingumo ir teisingumo reikalavimų.

III SKYRIUS PRIEVOLIŲ VYKDYMAS IR JŲ NEĮVYKDYMO TEISINĖS PASEKMĖS

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

6.38 straipsnis. Prievolių vykdymo principai 1. Prievolės turi būti vykdomos sąžiningai, tinkamai bei nustatytais terminais pagal

įstatymų ar sutarties nurodymus, o kai tokių nurodymų nėra, – vadovaujantis protingumo kriterijais.

2. Jeigu vienai iš šalių prievolės vykdymas kartu yra ir profesinė veikla, ši šalis turi vykdyti prievolę taip pat pagal tai profesinei veiklai taikomus reikalavimus.

3. Kiekviena šalis turi atlikti savo pareigas kuo ekonomiškiau ir vykdydama prievolę bendradarbiauti su kita šalimi (šalių pareiga kooperuotis).

4. Jeigu skolininkas, vykdydamas prievolę, naudojasi kitų asmenų pagalba, tai jis už tų asmenų veiksmus atsako kaip už savo.

6.39 straipsnis. Prievolės įvykdymo būdas 1. Skolininkas be kreditoriaus sutikimo neturi teisės įvykdyti prievolę kitokiu būdu,

išskyrus tą, kuris yra aptartas sutartyje ar įstatymuose, nepaisant įvykdymo būdo vertės. 2. Jeigu kreditorius sutiko priimti prievolės įvykdymą kitokiu būdu, prievolė laikoma

įvykdyta. 3. Priešpriešines pareigas skolininkas ir kreditorius turi įvykdyti tuo pačiu metu, jeigu

įstatymai, sutartis ar prievolės esmė nenumato ko kita.

6.40 straipsnis. Prievolės įvykdymas dalimis 1. Kreditorius turi teisę nepriimti prievolės įvykdymo dalimis, jeigu ko kita nenumato

įstatymai ar sutartis. 2. Jeigu kreditorius ginčija dalį prievolės, tai jis turi priimti neginčijamos prievolės dalies

įvykdymą. Tačiau kreditoriui ir po to išlieka teisė reikalauti įvykdyti likusią prievolės dalį.

6.41 straipsnis. Prievolės įvykdymo kokybė 1. Kai prievolės dalykas yra tik pagal rūšies požymius apibūdintas daiktas, skolininkas turi

perduoti tokios pat rūšies, bet ne prastesnės kokybės už vidutinę tokių daiktų kokybę daiktą, jeigu įstatymai ar sutartis nenumato ko kita.

2. Kai prievolės dalykas yra pagal individualius požymius apibūdintas daiktas, skolininkas atsako už bet kokį to daikto kokybės pablogėjimą dėl skolininko kaltės.

6.42 straipsnis. Prievolės įvykdymo užtikrinimo pateikimas Asmuo, privalantis pateikti prievolės įvykdymo užtikrinimą, kurio būdas ar forma

sutartyje nenurodyti, turi teisę savo nuožiūra pasirinkti adekvačią prievolės esmei konkrečią įvykdymo užtikrinimo priemonę bei įstatymuose numatytą įvykdymo užtikrinimo būdą.

6.43 straipsnis. Saugojimo pareiga

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Į prievolę perduoti pagal individualius požymius apibūdinamą daiktą įeina ir pareiga saugoti tą daiktą iki jo perdavimo, jeigu sutartis nenumato ko kita.

6.44 straipsnis. Asmuo, kuriam turi būti įvykdyta prievolė 1. Prievolė turi būti įvykdyta kreditoriui arba jo atstovui, taip pat kreditoriaus paskirtam

asmeniui arba asmeniui, kuris įstatymų ar teismo yra įpareigotas priimti prievolės įvykdymą. 2. Prievolės įvykdymas asmeniui, neturinčiam teisės priimti jos įvykdymą, laikomas

tinkamu prievolės įvykdymu, jeigu kreditorius patvirtina tokį įvykdymą arba faktiškai gauna visą įvykdymą iš to asmens.

3. Įvykdymas, kai skolininkas, vykdydamas prievolę vienam iš savo kreditorių, pažeidžia kito savo kreditoriaus, turinčio teisę reikalauti areštuoti skolininko turtą, interesus, nelaikomas tinkamu prievolės įvykdymu.

6.45 straipsnis. Prievolės įvykdymas tariamam kreditoriui 1. Kai prievolė įvykdoma asmeniui, kurį skolininkas dėl kreditoriaus kaltės pagrįstai ir

sąžiningai laiko tikruoju kreditoriumi, skolininkas atleidžiamas nuo prievolės įvykdymo kreditoriui, jeigu įrodo, kad suklydo sąžiningai.

2. Tariamas kreditorius, priėmęs prievolės įvykdymą, privalo visa, ką yra gavęs, grąžinti tikrajam kreditoriui arba skolininkui pagal šios knygos XX skyriaus taisykles.

6.46 straipsnis. Prievolės vykdymo sustabdymas 1. Skolininkas turi teisę sustabdyti prievolės vykdymą, jeigu jis turi pakankamą ir protingą

pagrindą abejoti, ar asmuo, kuriam turi būti įvykdyta prievolė, turi teisę priimti jos įvykdymą, ir skolininko reikalavimu šis asmuo nepateikia reikiamų reikalavimo teisės buvimo įrodymų.

2. Skolininkas taip pat turi teisę sustabdyti prievolės vykdymą, kai kreditorius nevykdo savo priešpriešinės pareigos, jeigu skolininko ir kreditoriaus priešpriešinės pareigos susijusios taip, kad galima pateisinti prievolės vykdymo sustabdymą.

3. Skolininkas neturi teisės sustabdyti prievolės vykdymo, kai kreditorius savo pareigos negali įvykdyti dėl paties skolininko kaltės, taip pat kai kreditorius savo pareigos negali įvykdyti dėl nuo jo nepriklausančių aplinkybių.

6.47 straipsnis. Prievolės įvykdymas neveiksniam kreditoriui ar kreditoriui, neturėjusiam teisės priimti prievolės įvykdymą asmeniškai

1. Prievolės įvykdymas neveiksniam kreditoriui laikomas tinkamu prievolės įvykdymu tik tiek, kiek skolininkas įrodo, kad toks įvykdymas tikrai atitiko neveiksnaus kreditoriaus interesus ir buvo atliktas jo naudai.

2. Jeigu prievolė įvykdyta neatsižvelgiant į tai, kad kreditorius dėl tam tikrų priežasčių (arešto ir kt.) negalėjo asmeniškai priimti prievolės įvykdymo, tai skolininkas privalo prievolę vykdyti iš naujo ir turi regreso teisę reikalauti iš kreditoriaus grąžinti tai, ką jau yra perdavęs.

6.48 straipsnis. Skolininko neveiksnumas Jeigu prievolę įvykdė neveiksnus skolininkas, tai negalima ginčyti prievolės įvykdymo

remiantis skolininko neveiksnumu.

6.49 straipsnis. Svetimo turto naudojimas prievolei įvykdyti 1. Jeigu skolininkas prievolę įvykdė perduodamas turtą, kuriuo disponuoti jis neturėjo

teisės, tai jis negali ginčyti tokio prievolės įvykdymo, išskyrus atvejus, kai pats pasiūlo įvykdyti prievolę perduodant turtą, kuriuo disponuoti skolininkas turi teisę, ir toks turto pakeitimas nepažeidžia kreditoriaus interesų.

2. Kreditorius, kuriam vykdydamas prievolę skolininkas perdavė svetimą turtą, turi teisę ginčyti prievolės įvykdymą ir reikalauti nuostolių atlyginimo.

6.50 straipsnis. Trečiojo asmens teisė įvykdyti prievolę 1. Prievolę visiškai ar iš dalies gali įvykdyti trečiasis asmuo, išskyrus atvejus, kai šalių

susitarimas ar prievolės esmė reikalauja, kad skolininkas ją įvykdytų asmeniškai.

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2. Kreditorius negali priimti prievolės įvykdymo iš trečiojo asmens, jeigu skolininkas pranešė kreditoriui prieštaraująs tokiam įvykdymui, išskyrus šio kodekso 6.51 straipsnio 1 dalyje numatytą atvejį.

3. Trečiajam asmeniui, įvykdžiusiam prievolę, pereina kreditoriaus teisės, susijusios su skolininku.

6.51 straipsnis. Trečiojo asmens teisė įvykdyti prievolę už skolininką 1. Jeigu kreditorius nukreipė ieškojimą į skolininko turtą, tai tretieji asmenys, kurie dėl

tokio išieškojimo gali netekti tam tikrų teisių į tą turtą, gali patenkinti kreditoriaus reikalavimą. Tokia pat teisė priklauso valdančiam turtą asmeniui, jeigu šis dėl išieškojimo gali prarasti turto valdymo teisę. Tretysis asmuo, įvykdęs už skolininką prievolę, įgyja regreso teisę reikalauti iš skolininko.

2. Kreditoriaus reikalavimas taip pat gali būti patenkintas įmokant pinigus į notaro, banko ar kitos kredito įstaigos depozitinę sąskaitą arba įskaitant priešpriešinius reikalavimus.

6.52 straipsnis. Prievolės įvykdymo vieta 1. Prievolė turi būti įvykdyta toje vietoje, kuri nurodyta sutartyje ar įstatymuose arba kurią

nulemia prievolės esmė. 2. Jeigu prievolės įvykdymo vieta nenurodyta, turi būti įvykdyta: 1) prievolė perduoti pagal individualius požymius apibūdintą daiktą – daikto buvimo

vietoje prievolės atsiradimo momentu; 2) prievolė perduoti nekilnojamąjį daiktą – daikto buvimo vietoje; 3) prievolė perduoti pagal rūšies požymius apibūdintą daiktą – skolininko gyvenamojoje ar

verslo vietoje; 4) piniginė prievolė – kreditoriaus gyvenamojoje ar verslo vietoje prievolės įvykdymo

termino suėjimo momentu. Jeigu kreditoriaus gyvenamoji ar verslo vieta po prievolės atsiradimo pasikeitė ir dėl to skolininkas, vykdydamas prievolę, turėjo papildomų išlaidų, kreditorius privalo skolininkui šias išlaidas atlyginti. Kreditoriaus reikalavimu piniginė prievolė gali būti įvykdyta ir kitoje valstybės, kurioje yra kreditoriaus gyvenamoji ar verslo vieta mokėjimo metu, ar valstybės, kurioje buvo kreditoriaus gyvenamoji vieta prievolės atsiradimo momentu, teritorijoje. Tačiau jeigu toks kreditoriaus reikalavimas iš esmės pasunkintų skolininko padėtį, skolininkas gali atsisakyti tenkinti kreditoriaus reikalavimą ir įvykdyti prievolę kreditoriaus gyvenamojoje ar verslo vietoje prievolės atsiradimo momentu;

5) visos kitos prievolės – skolininko gyvenamojoje ar verslo vietoje prievolės įvykdymo termino suėjimo momentu.

6.53 straipsnis. Prievolių įvykdymo terminas 1. Jeigu prievolės įvykdymo terminas nenustatytas arba apibrėžtas reikalavimo ją įvykdyti

momentu, tai kreditorius turi teisę bet kada pareikalauti ją įvykdyti, o skolininkas turi teisę bet kada ją įvykdyti. Tačiau jeigu prievolės prigimtis, jos įvykdymo būdas ar įvykdymo vieta reikalauja tam tikro termino, tokios prievolės įvykdymo terminą gali nustatyti teismas vienos iš šalių reikalavimu.

2. Prievolę, kurios įvykdymo terminas neapibrėžtas, skolininkas privalo įvykdyti per septynias dienas nuo tos dienos, kurią kreditorius pareikalavo prievolę įvykdyti, išskyrus, jeigu pagal įstatymus ar sutarties esmę aiškus kitoks prievolės įvykdymo terminas. Tokiais atvejais prievolės įvykdymo terminas turi būti protingas ir sudaryti sąlygas skolininkui tinkamai įvykdyti prievolę.

3. Skolininkas turi teisę įvykdyti prievolę prieš terminą, jeigu to nedraudžia įstatymai, sutartis arba prievolės įvykdymas prieš terminą neprieštarauja jos esmei.

6.54 straipsnis. Įmokų paskirstymas 1. Jeigu šalys nesusitarė kitaip, įmokos, kreditoriaus gautos vykdant prievolę, pirmiausiai

skiriamos atlyginti kreditoriaus turėtoms išlaidoms, susijusioms su reikalavimo įvykdyti prievolę pareiškimu.

2. Antrąja eile įmokos skiriamos mokėti palūkanoms pagal jų mokėjimo terminų eiliškumą.

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3. Trečiąja eile įmokos skiriamos netesyboms mokėti. 4. Ketvirtąja eile įmokos skiriamos pagrindinei prievolei įvykdyti. 5. Kreditorius turi teisę atsisakyti priimti skolininko siūlomą įmoką, jeigu skolininkas

nurodo kitokį įmokų paskirstymą, negu nustatyta šio straipsnio 1, 2, 3 ir 4 dalyse. 6. Kreditorius gali atsisakyti priimti pagrindinei prievolei įvykdyti mokamą sumą, jeigu

tuo pat metu nesumokamos einamosios palūkanos, kurių mokėjimo terminas suėjęs.

6.55 straipsnis. Įmokų paskirstymas, kai yra kelios skolos 1. Skolininkas, privalantis grąžinti tam pačiam kreditoriui kelias tos pačios rūšies skolas,

mokėdamas gali pareikšti, kurią skolą jis grąžina. Tačiau skolininkas neturi teisės be kreditoriaus sutikimo skirti įmokas prievolei, kurios įvykdymo terminas dar nesuėjęs, vietoj įmokos pagal prievolę, kurios įvykdymo terminas suėjęs.

2. Jeigu skolininkas nepareiškia, kokiai prievolei įvykdyti skiria įmoką ir nėra kitokio šalių susitarimo, tai laikoma, kad grąžinta skola, kurios grąžinimo terminas suėjęs. Kai yra kelios skolos, kurių grąžinimo terminai suėję, ir nė viena iš jų nėra užtikrinta, laikoma, kad grąžinta seniausia skola. Kai yra kelios skolos, kurių grąžinimo terminai suėję, laikoma, kad grąžinta skola, kurios grąžinimas užtikrintas. Jeigu visų skolų grąžinimas užtikrintas, laikoma, kad grąžinta labiausiai skolininko teises varžanti skola, o jeigu visos skolos vienodai varžo – seniausia skola. Jeigu nė vieno iš šių kriterijų taikyti negalima, įmoka paskirstoma proporcingai visoms skoloms.

3. Šio straipsnio taisyklės taikomos ir tada, kai skolininkas kreditoriui turi tiekti produkciją ar teikti paslaugas, kiek tai neprieštarauja prievolės esmei.

6.56 straipsnis. Prievolės įvykdymas sumokant skolą į depozitinę sąskaitą 1. Skolininkas turi teisę įvykdyti piniginę prievolę sumokėdamas skolą į notaro, banko ar

kitos kredito įstaigos depozitinę sąskaitą, jeigu: 1) vietoje, kurioje turi būti įvykdyta prievolė, nėra kreditoriaus ar kito priimti prievolės

įvykdymą įgalioto asmens; 2) kreditorius yra neveiksnus ir neturi globėjo; 3) kreditorius vengia priimti prievolės įvykdymą; 4) kreditorius neaiškus dėl to, jog vyksta kelių asmenų ginčas dėl teisės priimti prievolės

įvykdymą. 2. Prievolei įvykdyti reikiamos sumos sumokėjimas į šio straipsnio 1 dalyje nurodytą

depozitinę sąskaitą laikomas tinkamu prievolės įvykdymu. 3. Notaras, bankas ar kita kredito įstaiga, į kurios depozitinę sąskaitą sumokėti pinigai, per

protingą terminą turi apie tai pranešti kreditoriui. 4. Jeigu prievolės dalykas yra daiktas, o kreditorius atsisako priimti įvykdymą, skolininkas

turi pasiūlyti kreditoriui priimti prievolės įvykdymą ir nustatyti terminą įvykdymui priimti. Jeigu per nustatytą terminą kreditorius prievolės įvykdymo nepriima, laikoma, kad jis pažeidė prievolę. Šiuo atveju skolininkas daiktą perduoda saugoti kreditoriaus sąskaita. Daikto atsitiktinio žuvimo ar sugedimo rizika tokiu atveju pereina kreditoriui. Jeigu daiktas yra greitai gendantis, skolininkas gali jį realizuoti, o gautą sumą įmokėti į depozitinę sąskaitą. Šios taisyklės taip pat taikomos, kai yra kitos šio straipsnio 1 dalyje nurodytos sąlygos, išskyrus pasiūlymą priimti įvykdymą.

5. Prievolės įvykdymas pagal šio straipsnio taisykles atleidžia skolininką nuo palūkanų ar kitokių įmokų mokėjimo ateityje.

6. Palūkanos ar kitos sumos, apskaičiuotos nuo pinigų sumokėjimo į depozitinę sąskaitą dienos, priklauso kreditoriui. Tačiau jeigu skolininkas tokiu būdu įvykdė prievolę siekdamas, kad atitinkamą priešpriešinę pareigą jam įvykdytų ir kreditorius, kol kreditorius atsiims įmoką, gautos palūkanos ir kitokios sumos priklauso skolininkui.

7. Į depozitinę sąskaitą sumokėtas sumas skolininkas gali atsiimti tik iki tol, kol kreditorius nepriėmė įvykdymo. Jeigu skolininkas atsiima iš depozitinės sąskaitos įmoką, laikoma, kad jis neįvykdė prievolės. Jeigu pinigai į depozitinę sąskaitą įmokėti teismo proceso metu, skolininkas įmoką gali atsiimti tik teismui leidus. Be to, skolininkas neturi teisės atsiimti įmokų, jeigu tai pažeistų trečiųjų asmenų arba solidariąją pareigą turinčių skolininkų ar laiduotojų interesus.

8. Bankroto atveju depozitinėje sąskaitoje esančios piniginės lėšos neįtraukiamos į bankrutuojančio banko ar kitos kredito įstaigos turtą, iš kurio tenkinami kreditorių reikalavimai.

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6.57 straipsnis. Prievolės įvykdymo išlaidos Su prievolės įvykdymu susijusias išlaidas turi apmokėti skolininkas, jeigu įstatymai ar

sutartis nenumato ko kita.

6.58 straipsnis. Teisė sustabdyti prievolės įvykdymą 1. Jeigu sutartinės prievolės įvykdymas yra priešpriešinis, o prievolės šalis, kuri pirma turi

atlikti veiksmus prievolei vykdyti, prievolės nevykdo arba yra aišku, jog nustatytu terminu jos neįvykdys, kita prievolės šalis turi teisę sustabdyti priešpriešinį savo prievolės vykdymą arba apskritai atsisakyti ją vykdyti, apie tai pranešti kitai šaliai ir pareikalauti atlyginti nuostolius.

2. Prievolės šalis neturi teisės sustabdyti prievolės vykdymą, jeigu kita prievolės šalis: 1) pateikė adekvatų savo prievolės įvykdymo užtikrinimą ir tai nepagrįstai neužvilkins

prievolės įvykdymo; 2) negali savo pareigos įvykdyti ne dėl nuo jos priklausančių aplinkybių; 3) negali pareigos įvykdyti dėl priešingos šalies kaltės. 3. Jeigu sutartinę prievolę viena jos šalis įvykdė nevisiškai, kita prievolės šalis turi teisę

sustabdyti priešpriešinį savo prievolės vykdymą arba atsisakyti ją įvykdyti tiek, kiek prievolės neįvykdė šalis, privalėjusi ją įvykdyti pirma.

4. Jeigu viena prievolės šalis įvykdo prievolę, nelaukdama kol ją įvykdys pirma tai padaryti privalanti šalis, tai ši šalis privalo savo prievolę įvykdyti.

5. Teisė sustabdyti dvišalės prievolės vykdymą baigiasi, kai kita prievolės šalis pateikia adekvatų savo prievolės įvykdymo užtikrinimą.

6. Prievolės vykdymo sustabdymas gali būti panaudotas ir prieš kitos prievolės šalies kreditorius.

7. Teise sustabdyti prievolės vykdymą šalys privalo naudotis sąžiningai ir protingai.

ANTRASIS SKIRSNIS PRIEVOLĖS NEĮVYKDYMO TEISINĖS PASEKMĖS

6.59 straipsnis. Draudimas vienašališkai atsisakyti įvykdyti prievolę Draudžiama vienašališkai atsisakyti įvykdyti prievolę ar vienašališkai pakeisti jos

įvykdymo sąlygas, išskyrus įstatymų ar sutarties numatytus atvejus.

6.60 straipsnis. Prievolės perduoti pagal individualius požymius apibūdinamą daiktą neįvykdymo pasekmės

1. Jeigu skolininkas neįvykdo prievolės perduoti pagal individualius požymius apibūdinamą daiktą kreditoriui nuosavybės ar patikėjimo teise arba naudotis, tai kreditorius turi teisę reikalauti, kad skolininkas daiktą perduotų. Ši teisė išnyksta, jeigu daiktas jau perduotas kitam tos pačios rūšies teisę turinčiam kreditoriui. Jeigu daiktas dar neperduotas, pirmenybė priklauso tam kreditoriui, kurio naudai prievolė atsirado pirmiau, o kai to negalima nustatyti, – pirmiau ieškinį pareiškusiam kreditoriui. Negalintis įgyvendinti savo teisės reikalauti prievolę įvykdyti natūra, kreditorius turi teisę reikalauti tik atlyginti nuostolius.

2. Jeigu sutartis numato netesybas, tai kreditorius turi teisę savo pasirinkimu reikalauti arba sumokėti netesybas, arba perduoti pagal individualius požymius apibūdinamą daiktą.

6.61 straipsnis. Prievolės atlikti tam tikrą darbą neįvykdymo pasekmės 1. Kai skolininkas neįvykdo prievolės atlikti tam tikrą darbą, kreditorius turi teisę atlikti tą

darbą skolininko sąskaita per protingą terminą ir už protingą kainą, jeigu ko kita nenumato įstatymai ar sutartis, arba reikalauti atlyginti nuostolius. Šiais atvejais kreditorius turi teisę kreiptis į teismą ir reikalauti, kad skolininkas avansu sumokėtų darbui atlikti reikalingas sumas.

2. Jeigu skolininkas neįvykdo prievolės atlikti tam tikrą darbą ar veiksmus, kuriuos atlikti gali tik jis pats, tai kreditoriaus reikalavimu teismas iš skolininko išieško kreditoriaus naudai baudą. Baudos dydį nustato teismas. Išieškoma bauda gali būti vienkartinė arba mokama už kiekvieną praleistą dieną, kol skolininkas įvykdys prievolę.

3. Šio straipsnio 2 dalis netaikoma, kai pažeistas kreditoriaus teises galima ginti kitais būdais, taip pat kai įvykdyti prievolę tapo neįmanoma ne dėl skolininko kaltės.

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6.62 straipsnis. Atsakomybė už prievolės pagal dvišalę sutartį neįvykdymą 1. Jeigu viena šalis nebegali įvykdyti prievolės pagal dvišalę sutartį dėl tokios aplinkybės,

už kurią neatsako nė viena iš šalių, o kitko nenumato įstatymai ar sutartis, tai nė viena iš šalių neturi teisės reikalauti, kad kita šalis įvykdytų sutartį. Šiuo atveju abi šalys turi teisę reikalauti grąžinti visa, ką jos įvykdė be atitinkamo priešpriešinio įvykdymo.

2. Jeigu viena šalis prievolės pagal dvišalę sutartį nebegali įvykdyti dėl tokios aplinkybės, už kurią ji atsako, o kitko nenumato įstatymai ar sutartis, antra šalis turi teisę atsisakyti sutarties ir reikalauti grąžinti visa, ką ji įvykdė, taip pat atlyginti dėl sutarties neįvykdymo patirtus nuostolius.

3. Jeigu viena šalis prievolės pagal dvišalę sutartį nebegali įvykdyti dėl tokios aplinkybės, už kurią atsako antra šalis, tai pirmoji šalis turi teisę reikalauti iš antrosios įvykdyti prievolę ir atlyginti nuostolius, į kuriuos įskaitoma tai, ką ši sutaupė dėl negalėjimo įvykdyti savo prievolę.

6.63 straipsnis. Atvejai, kai skolininkas laikomas pažeidusiu prievolę 1. Skolininkas laikomas pažeidusiu prievolę, kai: 1) neįvykdomos ar netinkamai vykdomos sutartyje numatytos sąlygos; 2) skolininkas praleidžia prievolės įvykdymo terminą; 3) kreditorius teisminiu ar neteisminiu būdu pagrįstai reikalauja, kad skolininkas įvykdytų

prievolę; 4) kreditorius pareikalavo įvykdyti prievolę ir nustatė protingą jos įvykdymo terminą, o

skolininkas prievolės per šį terminą neįvykdė; 5) skolininkas iki prievolės įvykdymo termino pabaigos praneša kreditoriui, kad jis

prievolės nevykdys; 6) prievolės nebegalima įvykdyti dėl skolininko kaltės. 2. Nuo to momento, kai skolininkas laikomas pažeidusiu prievolę, jis turi atlyginti visus

kreditoriaus patirtus nuostolius, išskyrus atvejus, kai skolininkas atleidžiamas nuo prievolės vykdymo.

3. Jeigu prievolės įvykdymo terminas nebuvo nustatytas, skolininkas laikomas pažeidusiu prievolę nuo to momento, kai kreditorius raštu pareikalavo įvykdyti prievolę ir nustatė įvykdymo terminą, o skolininkas per šį terminą prievolės neįvykdė.

4. Skolininkas atsako už visas pasekmes, susijusias su tuo, kad nebeįmanoma įvykdyti prievolės po to, kai jis prievolę pažeidė, išskyrus atvejus, kai prievolės neįmanoma įvykdyti dėl kreditoriaus kaltės.

5. Kreditorius turi teisę atsisakyti priimti skolininko siūlomą prievolės įvykdymą po to, kai skolininkas prievolę pažeidė, jeigu skolininkas kartu nesiūlo atlyginti dėl prievolės pažeidimo kreditoriaus patirtus nuostolius.

6.64 straipsnis. Atvejai, kai kreditorius laikomas pažeidusiu prievolę 1. Kreditorius laikomas pažeidusiu prievolę, kai: 1) skolininkas negali įvykdyti prievolės dėl nepakankamo kreditoriaus bendradarbiavimo

su skolininku arba dėl kitokios kreditoriaus kaltės; 2) kreditorius dėl savo kaltės neįvykdo pareigų skolininkui ir dėl to skolininkas pagrįstai

sustabdo prievolės vykdymą. 2. Kai kreditorius pažeidžia prievolę, skolininkas gali kreiptis į teismą ir prašyti visiškai ar

iš dalies, su sąlyga ar besąlygiškai atleisti jį nuo prievolės vykdymo. 3. Jeigu kreditorius pažeidžia prievolę, skolininkas laikomas jos nepažeidusiu. Kol

kreditorius laikomas pažeidusiu prievolę, skolininkas negali būti laikomas ją pažeidusiu. 4. Skolininkas turi teisę į nuostolių, patirtų dėl to, kad kreditorius pažeidė prievolę,

atlyginimą.

6.65 straipsnis. Prievolės įvykdymo patvirtinimas 1. Kreditorius, priimdamas prievolės įvykdymą, privalo duoti skolininkui pakvitavimą apie

visišką ar dalinį prievolės įvykdymą, jeigu sutartis nenumato ko kita. 2. Jeigu skolininkas yra kreditoriui išdavęs prievolei patvirtinti skolos dokumentą, tai

kreditorius, priimdamas visą prievolės įvykdymą, privalo tą dokumentą skolininkui grąžinti, o kai tokios galimybės nėra, – nurodyti tai pakvitavime. Pakvitavimui prilygsta įrašas apie prievolės

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įvykdymą gražinamame skolos dokumente. Jeigu įvykdoma ne visa prievolė arba skolos dokumentas reikalingas kreditoriui kitoms teisėms įgyvendinti, jis turi teisę pasilikti skolos dokumentą, tačiau privalo skolininkui duoti pakvitavimą.

3. Jeigu kreditorius atsisako duoti pakvitavimą, grąžinti skolos dokumentą arba pažymėti pakvitavime, kad negali šio dokumento grąžinti, tai skolininkas turi teisę sustabdyti prievolės vykdymą, iki jam bus išduotas dokumentas, patvirtinantis prievolės įvykdymą.

4. Jeigu skolininkas turėjo nuosekliai vykdyti vieną po kito kelis veiksmus ir išduotas pakvitavimas apie dviejų paskutinių veiksmų įvykdymą, preziumuojama, kad įvykdyti ir ankstesni veiksmai, išskyrus atvejus, kai sutartyje ar pakvitavime numatyta kas kita.

5. Jeigu kreditorius išdavė pakvitavimą apie pagrindinės sumos sumokėjimą, preziumuojama, kad skolininkas sumokėjo palūkanas ir kitokias išlaidas.

IV SKYRIUS KREDITORIAUS INTERESŲ GYNIMAS

6.66 straipsnis. Kreditoriaus teisė ginčyti skolininko sudarytus sandorius (actio Pauliana)

1. Kreditorius turi teisę ginčyti skolininko sudarytus sandorius, kurių pastarasis sudaryti neprivalėjo, jeigu šie sandoriai pažeidžia kreditoriaus teises, o skolininkas apie tai žinojo ar turėjo žinoti (actio Pauliana). Sandoris pažeidžia kreditoriaus teises, jeigu dėl jo skolininkas tampa nemokus arba būdamas nemokus suteikia pirmenybę kitam kreditoriui, arba kitaip pažeidžiamos kreditoriaus teisės.

2. Dvišalį sandorį pripažinti negaliojančiu šio straipsnio 1 dalyje numatytu pagrindu galima tik tuo atveju, kai trečiasis asmuo, sudarydamas su skolininku sandorį, buvo nesąžiningas, t. y. žinojo arba turėjo žinoti, kad sandoris pažeidžia skolininko kreditoriaus teises. Neatlygintinis sandoris gali būti pripažintas negaliojančiu nepaisant trečiojo asmens sąžiningumo ar nesąžiningumo.

3. Šio straipsnio 1 dalyje numatytu pagrindu ieškinį dėl sandorio pripažinimo negaliojančiu kreditorius turi teisę pareikšti per vienerių metų ieškinio senaties terminą. Šis terminas pradedamas skaičiuoti nuo tos dienos, kurią kreditorius sužinojo arba turėjo sužinoti apie jo teises pažeidžiantį sandorį.

4. Sandorio pripažinimas negaliojančiu sukelia teisines pasekmes tik ieškinį dėl sandorio pripažinimo negaliojančiu pareiškusiam kreditoriui ir tik tiek, kiek būtina kreditoriaus teisių pažeidimui pašalinti.

5. Sandorio pripažinimas negaliojančiu neturi įtakos sąžiningų trečiųjų asmenų teisėms į turtą, kuris buvo pripažinto negaliojančiu sandorio objektas.

6.67 straipsnis. Nesąžiningumo prezumpcija Preziumuojama, kad kreditoriaus interesus pažeidusio sandorio šalys buvo nesąžiningos,

jeigu: 1) skolininkas sudarė sandorį su savo sutuoktiniu, vaikais, tėvais ar kitais artimaisiais

giminaičiais; 2) skolininkas sudarė sandorį su juridiniu asmeniu, kurio vadovas, valdymo organo narys

arba dalyvis, nuosavybės teise tiesiogiai ar netiesiogiai valdantis mažiausiai penkiasdešimt procentų juridinio asmens akcijų (pajaus, įnašų ir pan.), yra skolininko sutuoktinis, vaikas, tėvas (motina) ar kiti artimieji giminaičiai, arba kai jiems visiems kartu priklauso mažiausiai penkiasdešimt procentų to juridinio asmens akcijų (pajaus, įnašų ir pan.);

3) skolininkas – juridinis asmuo sudarė sandorį su fiziniu asmeniu, kuris yra to juridinio asmens vadovas ar valdymo organo narys arba šio asmens sutuoktinis, vaikas, tėvas (motina) ar kitas artimasis giminaitis;

4) įvykdymo, kurį pagal tą sandorį turėjo atlikti skolininkas, vertė žymiai viršija kitos sandorio šalies pateiktą įvykdymą (priešpriešinių įsipareigojimų disproporcija);

5) sandoris sudarytas dėl skolos, kurios mokėjimo terminas dar nebuvo suėjęs, mokėjimo; 6) skolininkas – juridinis asmuo sudarė sandorį su fiziniu asmeniu, kuris pats arba jo

sutuoktinis, vaikai, tėvai ar kiti artimieji giminaičiai, arba kartu su jais yra to juridinio asmens

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dalyviai, nuosavybės teise tiesiogiai ar netiesiogiai valdantys mažiausiai penkiasdešimt procentų juridinio asmens akcijų (pajaus, įnašų ir pan.);

7) skolininkas – juridinis asmuo sudarė sandorį su kitu juridiniu asmeniu, kurį skolininkas kontroliuoja, arba kai vienos iš sandorio šalių vadovas ar valdymo organo narys yra asmuo, tiesiogiai ar netiesiogiai, vienas ar kartu su savo sutuoktiniu, vaikais, tėvais ar artimaisiais giminaičiais turintis nuosavybės teise mažiausiai penkiasdešimt procentų kito juridinio asmens akcijų (pajų, įnašų ir pan.) arba abiejų juridinių asmenų akcijų (pajų, įnašų ir pan.);

8) skolininkas – juridinis asmuo sudarė sandorį su juridinių asmenų asociacija ar kitokiu susivienijimu, kurio narys jis yra.

6.68 straipsnis. Netiesioginis ieškinys 1. Kreditorius, turintis neabejotiną ir vykdytiną reikalavimo teisę skolininkui, turi teisę

priverstinai įgyvendinti skolininko teises pareikšdamas ieškinį skolininko vardu, jeigu skolininkas pats šių teisių neįgyvendina arba atsisako tai daryti ir dėl to pažeidžia kreditoriaus interesus (netiesioginis ieškinys).

2. Pareikšti netiesioginį ieškinį galima tik tais atvejais, kai kreditoriui būtina apsaugoti savo teises (skolininkas tapo nemokus, jam iškelta bankroto byla ir kitais ypatingais atvejais) ir kai iki ieškinio pareiškimo yra suėjęs prievolių įvykdymo terminas.

3. Kreditorius neturi teisės reikalauti įgyvendinti tas skolininko teises, kurios išimtinai susijusios su skolininko asmeniu.

4. Asmuo, kuriam kreditorius pareiškia netiesioginį ieškinį, gali panaudoti prieš kreditorių visus prieštaravimus ir atsikirtimus, kuriuos jis galėjo naudoti prieš skolininką.

5. Patenkinus netiesioginį ieškinį, išreikalautas turtas įskaitomas į skolininko turtą ir naudojamas visų skolininko kreditorių reikalavimams tenkinti.

6.69 straipsnis. Sulaikymo teisė 1. Kreditorius turi teisę pasinaudoti daikto sulaikymo teise tol, kol skolininkas įvykdo

prievolę. 2. Sulaikymo teisės realizavimo tvarką nustato šio kodekso ketvirtosios knygos normos.

V SKYRIUS PRIEVOLIŲ ĮVYKDYMO UŽTIKRINIMAS

6.70 straipsnis. Prievolių įvykdymo užtikrinimo būdai 1. Prievolių įvykdymas gali būti užtikrinamas pagal sutartį arba įstatymus netesybomis,

įkeitimu (hipoteka), laidavimu, garantija, rankpinigiais ar kitais sutartyje numatytais būdais. Su įkeitimu (hipoteka) susijusius santykius reglamentuoja šio kodekso ketvirtosios knygos normos.

2. Gali būti užtikrinamas tiek esamų, tiek ir būsimų prievolių įvykdymas.

PIRMASIS SKIRSNIS NETESYBOS

6.71 straipsnis. Netesybų samprata 1. Netesybos – tai įstatymų, sutarties ar teismo nustatyta pinigų suma, kurią skolininkas

privalo sumokėti kreditoriui, jeigu prievolė neįvykdyta arba netinkamai įvykdyta (bauda, delspinigiai).

2. Netesybos gali būti nurodytos konkrečia pinigų suma arba užtikrinamosios prievolės sumos procentu.

3. Už prievolės įvykdymo termino praleidimą gali būti nustatomos netesybos, skaičiuojamos už kiekvieną termino praleidimo dieną, savaitę, mėnesį ir t. t.

6.72 straipsnis. Susitarimo dėl netesybų forma Susitarimas dėl netesybų turi būti rašytinis.

6.73 straipsnis. Netesybos ir realus prievolės įvykdymas

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1. Jeigu nustatytos netesybos, kreditorius negali reikalauti iš skolininko kartu ir netesybų, ir realiai įvykdyti prievolę, išskyrus atvejus, kai skolininkas praleidžia prievolės įvykdymo terminą. Kitokias taisykles numatantis šalių susitarimas negalioja. Kai pareiškiamas reikalavimas atlyginti nuostolius, netesybos įskaitomos į nuostolių atlyginimą.

2. Jeigu netesybos aiškiai per didelės arba prievolė iš dalies įvykdyta, teismas gali netesybas sumažinti, tačiau tik tiek, kad jos netaptų mažesnės už nuostolius, patirtus dėl prievolės neįvykdymo ar netinkamo įvykdymo. Netesybos nemažinamos, kai jos jau sumokėtos.

3. Šiame straipsnyje nustatytos taisyklės netaikomos, jeigu dėl atskirų rūšių sutarčių šis kodeksas nustato ką kita.

6.74 straipsnis. Susitarimo dėl netesybų negaliojimas Jeigu sandoris, kurio pagrindu atsirado prievolė, įstatymų nustatyta tvarka pripažįstamas

negaliojančiu, tai negalioja ir susitarimas dėl tokios prievolės įvykdymo užtikrinimo netesybomis.

6.75 straipsnis. Įrodinėjimo pareiga Jeigu skolininkas ginčija savo pareigą mokėti netesybas motyvuodamas tuo, kad prievolę

įvykdė, tai jis privalo įrodyti, kad ją įvykdė tinkamai.

ANTRASIS SKIRSNIS LAIDAVIMAS

6.76 straipsnis. Laidavimo sutarties samprata 1. Laidavimo sutartimi laiduotojas už atlyginimą ar neatlygintinai įsipareigoja atsakyti kito

asmens kreditoriui, jeigu tas asmuo, už kurį laiduojama, neįvykdys visos ar dalies savo prievolės. 2. Laidavimas yra papildoma (šalutinė) prievolė. Kai pasibaigia pagrindinė prievolė arba ji

pripažįstama negaliojančia, pasibaigia ir laidavimas.

6.77 straipsnis. Laidavimo atsiradimo pagrindai 1. Laidavimas atsiranda sudarius laidavimo sutartį arba įstatymų ar teismo sprendimo

pagrindu. 2. Laidavimas gali atsirasti neatsižvelgiant į tai, ar asmuo, už kurio prievolę laiduojama,

prašo užtikrinti prievolę, taip pat į tai, ar tas asmuo žino apie laiduotoją. 3. Asmuo gali laiduoti tiek už pagrindinį skolininką, tiek ir už šio laiduotoją. 4. Kreditorius turi teisę reikalauti, kad laiduotojas būtų konkretus jo nurodomas asmuo.

Jeigu tokio reikalavimo kreditorius nepareiškia, skolininkas laiduotoju turi pasiūlyti pakankamai turto prievolei įvykdyti turintį asmenį.

5. Kai skolininkas privalo pateikti laidavimą įstatymų ar teismo sprendimo pagrindu, vietoj laidavimo jis turi teisę pateikti kitą adekvatų prievolės įvykdymo užtikrinimo būdą.

6. Ginčus dėl to, ar pakanka laiduotojo turto ir ar prievolės įvykdymo užtikrinimo būdas adekvatus, sprendžia teismas.

6.78 straipsnis. Laidavimu užtikrinamos prievolės 1. Laidavimu gali būti užtikrinamas tiek esamos, tiek ir būsimos, tačiau pakankamai

apibūdintos prievolės įvykdymas. 2. Laidavimu gali būti užtikrinta ir dalis pagrindinės prievolės. Negali būti laiduojama už

didesnę sumą, negu skolininkas skolingas. Laidavimas negali būti suvaržytas ir kitokiu būdu. Jeigu laiduojama suma viršija skolą, tai ji turi būti sumažinta iki skolos dydžio.

3. Į pagrindinės prievolės užtikrinimą įeina ir papildomų (šalutinių) prievolių užtikrinimas.

6.79 straipsnis. Laidavimo sutarties forma Laidavimo sutartis turi būti rašytinė. Rašytinės formos nesilaikymas laidavimo sutartį daro

negaliojančią.

6.80 straipsnis. Kreditoriaus ir laiduotojo santykiai 1. Kai laiduotojas reikalauja, kreditorius privalo suteikti laiduotojui informaciją apie

pagrindinės prievolės turinį ir sąlygas, taip pat apie jos vykdymą.

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2. Laiduotojas turi teisę reikalauti, kad kreditorius pirmiausia nukreiptų išieškojimą į konkretų pagrindinio skolininko turtą, išskyrus atvejus, kai laiduotojas šios teisės yra aiškiai atsisakęs. Jeigu kreditorius nepasinaudojo laiduotojo nurodymu ir pirmiausia nenukreipė išieškojimo į nurodytą konkretų pagrindinio skolininko turtą, tai kreditorius atsako už po to atsiradusį pagrindinio skolininko nemokumą tiek, kokia yra laiduotojo nurodyto turto vertė. Šios taisyklės netaikomos, jeigu pagrindinio skolininko ir laiduotojo atsakomybė kreditoriui yra solidarioji (šio kodekso 6.81 straipsnio 1 dalis).

6.81 straipsnis. Laiduotojo atsakomybė 1. Kai prievolė neįvykdyta, skolininkas ir laiduotojas atsako kreditoriui kaip solidariąją

prievolę turintys bendraskoliai, jeigu ko kita nenustato laidavimo sutartis. 2. Laiduotojas atsako tiek pat kaip ir skolininkas (už palūkanų sumokėjimą, už nuostolių

atlyginimą, už netesybų sumokėjimą), jeigu ko kita nenustato laidavimo sutartis. 3. Bendrai laidavę asmenys atsako kreditoriui solidariai, jeigu ko kita nenustato laidavimo

sutartis.

6.82 straipsnis. Laiduotojo, kuriam pareikštas ieškinys, teisės ir pareigos 1. Jeigu kreditorius pareiškia ieškinį laiduotojui, tai šis privalo patraukti skolininką

dalyvauti byloje. Priešingu atveju skolininkas turi teisę pareikšti atgręžtiniam laiduotojo reikalavimui visus atsikirtimus, kuriuos jis galėjo reikšti kreditoriui.

2. Laiduotojas turi teisę pareikšti kreditoriaus reikalavimui visus atsikirtimus, kuriuos galėtų reikšti skolininkas. Laiduotojas nepraranda teisės atsikirsti net ir tuo atveju, kai skolininkas atsikirsti atsisako arba pripažįsta savo prievolę.

3. Laiduotojas turi teisę įgyvendinti visas kitas teises, kuriomis gali naudotis skolininkas (ginčyti skolą, taikyti įskaitymą, sustabdyti prievolės vykdymą ir t. t.), išskyrus tas, kurios išimtinai susijusios su skolininko asmeniu.

4. Prievolės įvykdymo atidėjimas, kurį kreditorius suteikia skolininkui, taikomas ir laiduotojui.

6.83 straipsnis. Įvykdžiusio prievolę laiduotojo teisės 1. Įvykdžiusiam prievolę laiduotojui pereina visos kreditoriaus teisės pagal šią prievolę. 2. Jeigu laidavimas atsirado skolininko prašymu ar sutikimu, tai prievolę įvykdęs

laiduotojas turi teisę papildomai reikalauti iš pagrindinio skolininko atlyginti visus su laidavimu susijusius nuostolius, taip pat reikalauti palūkanų už kreditoriui sumokėtą sumą, nors pagrindinė prievolė palūkanų ir nenumato. Jeigu laidavimas atsirado be skolininko žinios, laiduotojas turi teisę reikalauti tik to, ką skolininkas būtų privalėjęs sumokėti be laidavimo, įskaitant nuostolius.

3. Kiekvienas iš kelių laiduotojų turi teisę atgręžtinio reikalavimo būdu reikalauti iš skolininko savo sumokėtos sumos.

4. Kai laiduotojas įvykdo prievolę, kreditorius privalo perduoti jam reikalavimą skolininkui patvirtinančius dokumentus, taip pat šį reikalavimą užtikrinančias teises.

5. Jeigu įvykdęs prievolę laiduotojas nepraneša apie tai pagrindiniam skolininkui ir šis, nežinodamas apie prievolės įvykdymą, ją įvykdo pakartotinai, tai laiduotojas neturi atgręžtinio reikalavimo pagrindiniam skolininkui. Tokios pat pasekmės atsiranda ir tuo atveju, kai laiduotojas, nepranešęs pagrindiniam skolininkui, įvykdo prievolę tuo metu, kai pagrindinis skolininkas jau gali gintis nuo kreditoriaus reikalavimo, įrodinėdamas, kad prievolė jau pasibaigusi. Tačiau abiem šiais atvejais laiduotojas išsaugo savo teisę reikalauti, kad kreditorius grąžintų be pagrindo gautas sumas.

6.84 straipsnis. Įvykdžiusio prievolę laiduotojo reikalavimai kitiems laiduotojams Jeigu tos pačios prievolės įvykdymą laidavo keli laiduotojai ir vienas iš jų prievolę įvykdė,

jis įgyja teisę reikalauti iš kitų laiduotojų grąžinti sumokėtą sumą proporcingai kiekvieno iš jų daliai, jei tos sumos negali būti išieškotos iš skolininko.

6.85 straipsnis. Skolininko pranešimas laiduotojui apie prievolės įvykdymą Įvykdęs laidavimu užtikrintą prievolę skolininkas privalo tuoj pat pranešti apie tai

laiduotojui. Priešingu atveju laiduotojui, savo ruožtu įvykdžiusiam prievolę, paliekama atgręžtinio

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reikalavimo skolininkui teisė. Šiuo atveju skolininkas turi teisę išieškoti iš kreditoriaus tik tai, ką šis be pagrindo gavo.

6.86 straipsnis. Laiduotojo atleidimas nuo atsakomybės Kai kreditorius atsisako savo pirmenybės teisės patenkinti reikalavimą ar kito jo naudai

nustatyto prievolės užtikrinimo, laiduotojas atleidžiamas nuo atsakomybės, jeigu kreditorius būtų galėjęs patenkinti savo reikalavimą pasinaudodamas teisėmis, kurių atsisakė.

6.87 straipsnis. Laidavimo pabaiga 1. Laidavimas baigiasi tuo pačiu metu kaip ir juo užtikrinama prievolė. 2. Laidavimas taip pat baigiasi, kai laiduotojas miršta. 3. Kai skolininkas ir laiduotojas sutampa, laidavimas lieka galioti, jeigu kreditorius

suinteresuotas, kad laidavimas išliktų. 4. Laidavimas baigiasi, jeigu iš esmės pasikeičia prievolė ir dėl to be laiduotojo sutikimo

padidėja jo atsakomybė arba atsiranda kitos laiduotojui nepalankios pasekmės, išskyrus atvejus, kai laidavimo sutartis numato ką kita.

5. Laidavimas baigiasi, kai skola pagal laidavimu užtikrintą prievolę perkeliama kitam asmeniui, o laiduotojas nedavė sutikimo kreditoriui laiduoti ir už naująjį skolininką.

6. Laidavimas baigiasi, jeigu kreditorius be pagrindo atsisako priimti skolininko arba laiduotojo pasiūlytą tinkamą prievolės įvykdymą.

6.88 straipsnis. Terminuoto laidavimo pabaiga 1. Kai buvo laiduota tik tam tikram laikui arba užtikrinta terminuota prievolė, laidavimas

baigiasi, jeigu kreditorius per tris mėnesius nuo tos dienos, kurią suėjo laidavimo terminas ar prievolės įvykdymo terminas, nepareiškia laiduotojui ieškinio.

2. Terminuotas laidavimas, kuriuo užtikrinta būsima prievolė, baigiasi suėjus laidavimo terminui, jeigu prievolė iki šio termino pabaigos neatsirado.

6.89 straipsnis. Neterminuoto laidavimo pabaiga 1. Kai buvo laiduota nenustatytam laikui, taip pat kai prievolės įvykdymo terminas

nenurodytas arba apibūdintas pareikalavimo momentu ir nėra kitokio susitarimo, laidavimas baigiasi suėjus dvejiems metams nuo laidavimo sutarties sudarymo dienos, jeigu kreditorius per šį terminą nepareiškia ieškinio laiduotojui.

2. Jeigu neterminuotu laidavimu užtikrinta būsima prievolė, tai laidavimas vienašaliu laiduotojo pareiškimu gali būti panaikintas praėjus trejiems metams po jo atsiradimo, jeigu per šiuos trejus metus prievolė neatsirado. Apie laidavimo panaikinimą laiduotojas privalo nedelsdamas raštu pranešti skolininkui ir kreditoriui.

TREČIASIS SKIRSNIS GARANTIJA

6.90 straipsnis. Garantijos samprata 1. Garantija laikomas vienašalis garanto įsipareigojimas garantijoje nurodyta suma visiškai

ar iš dalies atsakyti kitam asmeniui – kreditoriui, jeigu asmuo – skolininkas prievolės neįvykdys ar ją įvykdys netinkamai, ir atlyginti kreditoriui nuostolius tam tikromis sąlygomis (skolininkui tapus nemokiam ir kitais atvejais). Garanto atsakomybė yra subsidiari.

2. Garanto prievolė kreditoriui nepriklauso nuo pagrindinės prievolės, kurios įvykdymui užtikrinti išduota garantija, net ir tais atvejais, kai garantijoje ta prievolė nurodyta.

3. Įvykdęs už skolininką prievolę, garantas įgyja atgręžtinio reikalavimo teisę skolininkui.

6.91 straipsnis. Garantijos forma Garantija turi būti rašytinė. Šio reikalavimo nesilaikymas garantiją daro negaliojančią.

6.92 straipsnis. Garanto prievolės ribos 1. Garanto prievolė yra subsidiari ir ją riboja garantijoje nustatyta suma.

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2. Jeigu garantas neįvykdo ar netinkamai įvykdo savo prievolę pagal garantijos sutartį, jo atsakomybės kreditoriui už šio patirtus nuostolius dėl garantijos pažeidimo neriboja garantijoje nustatyta suma.

3. Gavęs kreditoriaus reikalavimą įvykdyti prievolę garantas privalo nedelsdamas apie tai pranešti skolininkui ir perduoti jam kreditoriaus reikalavimo ir prie jo pridėtų dokumentų kopijas.

4. Garantas turi teisę atsisakyti tenkinti kreditoriaus reikalavimą, jeigu reikalavimas ar prie jo pridėti dokumentai neatitinka garantijos sąlygų arba pateikti pasibaigus garantijos terminui. Apie atsisakymą tenkinti reikalavimą garantas nedelsdamas turi pranešti kreditoriui.

5. Jeigu garantas sužino, kad garantija užtikrinta pagrindinė prievolė įvykdyta ar pasibaigė kitais pagrindais arba pripažinta negaliojančia, apie tai jis privalo nedelsdamas pranešti kreditoriui ir skolininkui. Po tokio pranešimo gavęs pakartotinį kreditoriaus reikalavimą įvykdyti prievolę, garantas reikalavimą turi patenkinti tik tuo atveju, kai kreditorius pateikia įrodymus, kad prievolė nepasibaigusi ir galioja.

6.93 straipsnis. Banko garantija 1. Banko garantija bankas ar kita kredito įstaiga (garantas) raštu įsipareigoja sumokėti

skolininko kreditoriui nustatytą pinigų sumą pagal kreditoriaus reikalavimą. 2. Už garantijos suteikimą skolininkas moka garantui skolininko ir banko sudarytoje

sutartyje nustatytą atlyginimą. 3. Banko garantija įsigalioja nuo jos suteikimo, jeigu garantijoje nenumatyta ko kita. 4. Kreditoriaus reikalavimas įvykdyti sutartį bankui turi būti pateiktas raštu ir prie jo

pridėti visi reikalingi dokumentai. Reikalavime turi būti nurodyta, kaip skolininkas pažeidė garantija užtikrintą pagrindinę prievolę.

6.94 straipsnis. Banko garantijos neatšaukiamumas Bankas negali atšaukti savo suteiktos garantijos, jeigu joje nenumatyta ko kita.

6.95 straipsnis. Neleistinumas perduoti reikalavimo teisę Kreditorius neturi teisės kitam asmeniui perduoti banko garantija užtikrintos reikalavimo

teisės, jeigu šioje garantijoje nenumatyta ko kita.

6.96 straipsnis. Banko garantijos pabaiga 1. Banko garantija baigiasi, kai: 1) bankas sumoka kreditoriui garantijoje nurodytą sumą; 2) sueina garantijoje nustatytas garantijos terminas; 3) kreditorius atsisako savo teisių pagal garantiją ir grąžina ją bankui arba raštu apie

atsisakymą praneša bankui. 2. Bankas, sužinojęs, kad garantija baigėsi, privalo tuoj pat apie tai pranešti skolininkui.

6.97 straipsnis. Banko regreso teisė 1. Bankas ir skolininkas sutartyje gali nustatyti banko, sumokėjusio garantijoje nustatytą

pinigų sumą kreditoriui, regreso teisę skolininkui. 2. Bankas neturi teisės regreso tvarka reikalauti iš skolininko sumų, kurios nesusijusios su

garantija arba kurios buvo išmokėtos dėl to, kad bankas neįvykdė ar netinkamai įvykdė savo prievolę kreditoriui.

KETVIRTASIS SKIRSNIS RANKPINIGIAI

6.98 straipsnis. Rankpinigių samprata 1. Rankpinigiais laikoma pinigų suma, kurią viena sutarties šalis pagal sudarytą sutartį jai

priklausančių mokėti sumų sąskaita duoda antrajai šaliai, kad įrodytų sutarties egzistavimą ir užtikrintų jos įvykdymą.

2. Rankpinigiais negali būti užtikrinama preliminarioji sutartis, taip pat sutartis, kuriai pagal įstatymus privaloma notarinė forma.

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6.99 straipsnis. Susitarimo dėl rankpinigių forma 1. Susitarimas dėl rankpinigių, neatsižvelgiant į jų dydį, turi būti rašytinis. 2. Rašytinės formos nesilaikymas susitarimą dėl rankpinigių daro negaliojantį.

6.100 straipsnis. Rankpinigiais užtikrintos sutarties neįvykdymo pasekmės 1. Jeigu už sutarties neįvykdymą atsako davusi rankpinigius šalis, rankpinigiai lieka

antrajai šaliai. Jeigu už sutarties neįvykdymą atsako gavusi rankpinigius šalis, ji privalo sumokėti antrajai šaliai dvigubą rankpinigių sumą.

2. Be to, šalis, kuri atsako už sutarties neįvykdymą, privalo atlyginti antrajai šaliai nuostolius, įskaitant rankpinigius, jeigu sutartyje nenumatyta ko kita.

VI SKYRIUS REIKALAVIMO PERLEIDIMAS

6.101 straipsnis. Kreditoriaus teisė perleisti reikalavimą 1. Kreditorius turi teisę be skolininko sutikimo perleisti visą reikalavimą ar jo dalį kitam

asmeniui, jeigu tai neprieštarauja įstatymams ar sutarčiai arba jeigu reikalavimas nesusijęs su kreditoriaus asmeniu. Reikalavimo teisės perleidimas neturi pažeisti skolininko teisių ir labiau suvaržyti jo prievolės.

2. Reikalavimo įgijėjui pereina ir prievolės įvykdymui užtikrinti nustatytos teisės bei kitos papildomos teisės.

3. Galima perleisti ir būsimą reikalavimą. 4. Reikalavimo teisė pereina kitam asmeniui įstatymų pagrindu šiais atvejais: 1) kai įvyksta universalus kreditoriaus teisių perėmimas; 2) kai teismo sprendimu kreditoriaus teisės perkeliamos kitam asmeniui, jeigu šią

galimybę numato įstatymai; 3) kai skolininko laiduotojas arba įkaito davėjas, kurie nėra užtikrintos prievolės šalys,

prievolę įvykdo už skolininką; 4) kai regreso tvarka draudimo įmonei pereina kreditoriaus teisės, susijusios su skolininku,

atsakingu už draudiminį įvykį; 5) kitais įstatymų nustatytais atvejais. 5. Be skolininko sutikimo kreditoriui draudžiama perleisti reikalavimą, jeigu kreditoriaus

asmuo skolininkui turi esminės reikšmės.

6.102 straipsnis. Atvejai, kuriais draudžiama perleisti reikalavimą 1. Draudžiama perleisti tokį reikalavimą, kurio atžvilgiu negalimas išieškojimas. 2. Draudžiama perleisti reikalavimą teisėjui, prokurorui ar advokatui, kurie dėl šio

reikalavimo iškeltoje byloje atlieka savo tarnybines pareigas. 3. Draudžiama perleisti reikalavimą, kuris neatsiejamai susijęs su kreditoriaus asmeniu

(reikalavimą išlaikyti, reikalavimą atlyginti žalą, padarytą dėl sveikatos sužalojimo ar gyvybės atėmimo ir t. t.).

6.103 straipsnis. Sutarties forma Reikalavimo perleidimo sutarties formai taikomi tokie pat reikalavimai kaip ir pagrindinei

prievolei.

6.104 straipsnis. Dokumentų perdavimas 1. Reikalavimą perleidęs kitam asmeniui kreditorius privalo perduoti naujajam kreditoriui

dokumentus, patvirtinančius reikalavimo teisę bei papildomas teises, įskaitant ir teisę į palūkanas. Jeigu šie dokumentai reikalingi pradiniam kreditoriui, tai jis naujajam kreditoriui privalo perduoti nustatyta tvarka patvirtintas dokumentų kopijas.

2. Jeigu perleidžiamas reikalavimas, kurio įvykdymas užtikrintas įkeitimu (hipoteka), tai tokio reikalavimo perleidimas turi būti pažymimas hipotekos registre. Šiuo atveju pradinis kreditorius su naujuoju kreditoriumi privalo imtis priemonių, kad būtų padaryti atitinkami įrašai hipotekos registre.

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3. Kai perleidžiamos visos reikalavimo teisės, pradinis kreditorius privalo perduoti turimą įkeistą turtą naujajam kreditoriui.

4. Visas išlaidas, susijusias su šio straipsnio 1 ir 2 dalyse numatytų dokumentų įforminimu ir perdavimu, apmoka naujasis kreditorius, jeigu sutartis nenumato ko kita.

5. Skolininko išduotu pareikštiniu skolos dokumentu patvirtintas reikalavimas perleidžiamas perduodant pareikštinį skolos dokumentą naujajam kreditoriui. Skolininkas šiuo atveju privalo įvykdyti prievolę bet kuriam pareikštinį skolos dokumentą pateikusiam asmeniui. Šiuo atveju skolininkas taip pat negali reikšti jokių prieštaravimų ir atsikirtimų, išskyrus reikalavimą pripažinti pareikštinį skolos dokumentą negaliojančiu.

6. Kreditorius, kuris pareikštinį skolos dokumentą prarado prieš savo valią, uždrausti skolininkui įvykdyti prievolę tą dokumentą pateikusiam asmeniui gali tik pareikšdamas ieškinį teisme.

6.105 straipsnis. Perleidusio reikalavimą kreditoriaus atsakomybė 1. Pradinis kreditorius atsako naujajam kreditoriui už šiam perduoto reikalavimo

negaliojimą, bet neatsako už tai, kad skolininkas šio reikalavimo neįvykdo, išskyrus atvejus, kai pradinis kreditorius laiduoja naujajam kreditoriui už skolininką.

2. Jeigu reikalavimo teisė perleidžiama neatlygintinai, laikoma, kad reikalavimo teisę perleidęs kreditorius patvirtina, jog reikalavimo teisė egzistuoja ir priklauso jam, nors sutartyje toks patvirtinimas nenurodytas (garantija pagal įstatymą), išskyrus atvejus, kai naujasis kreditorius įgyja reikalavimo teisę savo rizika arba reikalavimo teisės perleidimo metu žinojo arba turėjo žinoti apie neapibrėžtą reikalavimo teisės pobūdį.

3. Jeigu reikalavimo teisė perleidžiama atlygintinai, tai pradinis kreditorius atsako tik už perleidimo metu buvusį skolininko nemokumą ir tik tiek, kokio dydžio sumą gavo už perleidimą.

6.106 straipsnis. Prievolės įvykdymas pradiniam kreditoriui, kai skolininkui nepranešta apie reikalavimo perleidimą

1. Jeigu apie reikalavimo perleidimą skolininkui nepranešta, laikoma, kad prievolės įvykdymas pradiniam kreditoriui yra tinkamas. Kai reikalavimas buvo perleistas kelis kartus, tai prievolės įvykdymas vienam iš paskesnių kreditorių laikomas tinkamu.

2. Kai kyla ginčas, kam priklauso reikalavimas, skolininkas turi teisę atsisakyti mokėti konkrečiam kreditoriui ir gali prievolę įvykdyti įmokėdamas sumą į notaro, banko ar kitos kredito įstaigos depozitinę sąskaitą.

3. Jeigu skolininkas moka skolą žinodamas apie šio straipsnio 2 dalyje nurodytą ginčą, tą jis daro savo rizika.

6.107 straipsnis. Skolininko atsikirtimai naujojo kreditoriaus reikalavimams 1. Skolininkas turi teisę reikšti naujojo kreditoriaus reikalavimams visus atsikirtimus,

kuriuos jis turėjo teisę reikšti pradiniam kreditoriui tuo metu, kai gavo pranešimą apie reikalavimo perleidimą.

2. Kai prievolei patvirtinti yra išduotas skolos dokumentas, o reikalavimas perleistas ir šis dokumentas perduotas, skolininkas neturi teisės atsikirsti naujajam kreditoriui motyvuodamas tuo, kad prievolė buvo apsimestinė ar fiktyvi arba kad perleidimas draudžiamas, jeigu naujasis kreditorius reikalavimo perleidimo metu nežinojo ir negalėjo žinoti apie šias aplinkybes.

3. Jeigu po reikalavimo perleidimo skolininkas pareiškia ieškinį pradiniam kreditoriui dėl juridinio fakto, iš kurio atsirado prievolė, pripažinimo negaliojančiu, skolininkas apie tai privalo pranešti naujajam kreditoriui, išskyrus atvejus, kai to juridinio fakto pripažinimas negaliojančiu negali būti panaudotas prieš naująjį kreditorių.

6.108 straipsnis. Naujojo kreditoriaus reikalavimų įskaitymas Skolininkas, turintis priešpriešinį reikalavimą pradiniam kreditoriui, turi teisę įskaityti

naujojo kreditoriaus reikalavimą, išskyrus atvejus, kai priešpriešinio reikalavimo įgijimo metu jis žinojo apie reikalavimo perleidimą arba išieškojimo pagal reikalavimą senaties terminas suėjo po to, kai jis sužinojo apie reikalavimo perleidimą, ar po to, kai baigėsi išieškojimo pagal perleistą reikalavimą senaties terminas.

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6.109 straipsnis. Pranešimas apie reikalavimo perleidimą 1. Reikalavimo perleidimo faktas gali būti panaudotas prieš trečiuosius asmenis ir

skolininką tik nuo to momento, kai skolininkas sutiko, kad reikalavimas būtų perleistas, arba nuo to momento, kai skolininkas gavo reikalavimo perleidimo faktą patvirtinančio dokumento kopiją arba kitokį reikalavimo perleidimo fakto įrodymą.

2. Jeigu skolininko buvimo vieta nežinoma, apie reikalavimo perleidimą gali būti pranešta viešu skelbimu (šio kodekso 1.65 straipsnis).

3. Apie reikalavimo teisės, kuri įstatymų nustatyta tvarka įregistruota viešame registre, perleidimą pranešama įstatymų nustatyta tvarka ir šis perleidimo faktas pažymimas viešame registre.

4. Jeigu kreditorius pranešė skolininkui apie reikalavimo perleidimą, jis nebeturi teisės skolininkui ginčyti perleidimo, nors reikalavimas iš tikrųjų nebūtų perleistas ar perleidimas būtų pripažintas negaliojančiu.

5. Pranešimu apie reikalavimo perleidimą laikomas sutarties dėl reikalavimo perleidimo perdavimas naujajam kreditoriui ir šios sutarties pateikimas skolininkui.

6. Pranešimas apie reikalavimo perleidimą gali būti atšauktas tik tuo atveju, kai naujasis kreditorius sutinka.

7. Skolininkas privalo įvykdyti prievolę naujajam kreditoriui tik tuo atveju, kai šis reikalaudamas pateikia ir reikalavimo perleidimo sutartį. Naujojo kreditoriaus pareikštas atsisakymas prievolės arba reikalavimas ją įvykdyti negalioja, jeigu jie pareikšti nepateikus sutarties apie reikalavimo perleidimą. Ši taisyklė netaikoma, jeigu pradinis kreditorius raštu pranešė skolininkui apie reikalavimo perleidimą.

6.110 straipsnis. Kitų teisių perleidimas Reikalavimo perleidimo tvarką nustatančios taisyklės taikomos perleidžiant ir kitas teises,

jeigu įstatymai nenumato ko kita.

VII SKYRIUS REIKALAVIMO PERĖJIMAS TREČIAJAM ASMENIUI REGRESO

TVARKA (SUBROGACIJA)

6.111 straipsnis. Reikalavimo perėjimo regreso tvarka pagrindai Regreso tvarka reikalavimas gali pereiti trečiajam asmeniui rašytinės sutarties arba

įstatymų pagrindu.

6.112 straipsnis. Reikalavimo perėjimo regreso tvarka atvejai Reikalavimas pereina trečiajam asmeniui regreso tvarka, kai: 1) reikalavimas patenkinamas iš trečiojo asmens turto; 2) trečiasis asmuo, kurio turtas buvo įkeistas užtikrinant prievolės įvykdymą, įvykdo už

skolininką prievolę; 3) trečiasis asmuo įvykdo už skolininką prievolę, kad būtų išvengta turto, nors jam

nepriklausančio, arešto, jeigu tą turtą areštavus šis asmuo prarastų į jį nors kokias savo teises; 4) skolininkas ir skolą sumokėjęs trečiasis asmuo sudaro sutartį dėl skolos sumokėjimo,

jeigu apie šią sutartį kreditorius skolos mokėjimo metu žinojo arba apie ją jam buvo pranešta.

6.113 straipsnis. Reikalavimo perėjimo regreso tvarka įgyjamos teisės Trečiasis asmuo, kuriam pereina reikalavimo teisė, negali įgyti daugiau teisių, negu jų

turėjo pradinis kreditorius.

6.114 straipsnis. Reikalavimo perėjimas regreso tvarka pagal įstatymus Regreso tvarka reikalavimas pagal įstatymus pereina trečiajam asmeniui šiais atvejais: 1) kai kreditorius sumoka skolą kitam skolininko kreditoriui, kurio reikalavimas buvo

užtikrintas įkeitimu (hipoteka) arba buvo pirmesnės eilės, – kreditoriui; 2) kai turto įgijėjas įvykdo prievolę kreditoriui, kurio reikalavimas buvo užtikrintas to

turto įkeitimu (hipoteka), – turto įgijėjui;

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3) kai asmuo įvykdo prievolę, kurią jis turėjo vykdyti su kitais skolininkais arba kurią įvykdyti buvo pagrįstai suinteresuotas, – šiam asmeniui;

4) kai palikėjo prievolę savo turto sąskaita įvykdo įpėdinis, kuris tos prievolės vykdyti neprivalėjo, – šiam įpėdiniui;

5) kitais įstatymų nustatytais atvejais.

VIII SKYRIUS SKOLOS PERKĖLIMAS

6.115 straipsnis. Skolos perkėlimas pagal kreditoriaus ir naujo skolininko sutartį Trečiasis asmuo gali pagal sutartį su kreditoriumi perimti skolininko pareigas ir teises.

6.116 straipsnis. Skolos perkėlimas pagal skolininko ir skolos perėmėjo sutartį 1. Perkelti savo skolą kitam asmeniui skolininkas gali tik tuo atveju, kai kreditorius

sutinka. Sutikimas pareiškiamas tik po to, kai skolininkas ir skolos perėmėjas praneša kreditoriui apie numatomą skolos perkėlimą. Kol toks sutikimas negautas, šalys gali pakeisti ar nutraukti sutartį. Kai gautas kreditoriaus sutikimas, pradinio ir naujojo skolininko sutartis nebegali būti keičiama.

2. Kreditorius savo sutikimą perkelti skolą skolininkui gali duoti iš anksto. Išankstinio sutikimo kreditorius neturi teisės atšaukti, išskyrus atvejus, kai tokią teisę išankstiniame sutikime buvo nurodęs.

3. Jeigu kreditorius neduoda sutikimo perkelti skolą, laikoma, kad skola neperkelta. Jeigu skolininkas ir skolos perėmėjas nustato kreditoriui terminą, per kurį turi būti duotas sutikimas, tai sutikimas gali būti duodamas per tą terminą. Jeigu per nustatytą terminą sutikimas negaunamas, laikoma, kad kreditorius nesutinka leisti perkelti skolą.

4. Kol kreditorius nepareiškia savo sutikimo ar nesutikimo, prisiimantis skolą asmuo atsako skolininkui už prievolės įvykdymą kreditoriui.

6.117 straipsnis. Skolos, kurios grąžinimas užtikrintas įkeitimu (hipoteka), perkėlimas

Įkeitimo teisė į skolininko turtą, kai skolininkas perkelia įkeitimo (hipotekos) užtikrintą skolą, lieka galioti.

6.118 straipsnis. Skolos perkėlimo sutarties forma Skolos perkėlimo sutartis turi būti rašytinė.

6.119 straipsnis. Skolos perėmėjo atsikirtimai 1. Naujasis skolininkas turi teisę reikšti kreditoriaus reikalavimams visus atsikirtimus,

paremtus kreditoriaus ir pradinio skolininko prievolių santykiu. Tačiau naujasis skolininkas negali reikalauti įskaityti pradiniam skolininkui priklausantį reikalavimą.

2. Naujasis skolininkas negali atsikirsti kreditoriui remdamasis pradinio skolininko ir naujojo skolininko santykiais, sudariusiais pagrindą skolai perkelti.

6.120 straipsnis. Papildomos teisės 1. Kai skolininkas pasikeičia, papildomos teisės, kurios nėra neatsiejamai susijusios su

pradinio skolininko asmeniu, lieka nepakitusios. 2. Kai skola perkeliama, laidavimas ar trečiojo asmens duotas įkeitimas (hipoteka)

baigiasi, jeigu laiduotojas arba įkaito davėjas aiškiai nepareiškia sutikimo atsakyti už naująjį skolininką.

6.121 straipsnis. Skolos perkėlimo sutarties negaliojimo pasekmės 1. Kai skolos perkėlimo sutartis pripažįstama negaliojančia, atnaujinamos pradinio

skolininko prievolės ir visos jo papildomos teisės bei pareigos, tačiau lieka galioti sąžiningų trečiųjų asmenų teisės.

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2. Kreditorius turi teisę reikalauti iš naujojo skolininko atlyginti nuostolius, patirtus dėl skolos perkėlimo sutarties pripažinimo negaliojančia, išskyrus atvejus, kai dėl sutarties pripažinimo negaliojančia ir nuostolių atsiradimo naujasis skolininkas nekaltas.

6.122 straipsnis. Turto arba juridinio asmens perėmimas 1. Asmuo, perėmęs turtą arba įmonę su aktyvais ir pasyvais, prisiima su turtu ar įmone

susijusias teises bei prievoles. 2. Prievolių perėmimas juridinio asmens reorganizavimo atvejais nustatomas pagal šio

kodekso antrosios knygos normas.

IX SKYRIUS PRIEVOLIŲ PABAIGA

PIRMASIS SKIRSNIS BENDRIEJI PRIEVOLIŲ PABAIGOS PAGRINDAI

6.123 straipsnis. Prievolės pabaiga įvykdymu 1. Prievolė pasibaigia, kai tinkamai įvykdoma. Prievolė taip pat baigiasi, kai kreditorius

vietoj reikiamo įvykdymo priima kitos rūšies įvykdymą. 2. Kai kreditorius priėmė įvykdymą, pareiga įrodinėti, kad prievolė neįvykdyta ar įvykdyta

netinkamai, tenka kreditoriui. 3. Kai prievolė baigiasi tinkamu įvykdymu, baigiasi ir visos iš šios prievolės atsiradusios

papildomos teisės ir pareigos.

6.124 straipsnis. Prievolės pabaiga suėjus naikinamajam terminui Prievolė baigiasi suėjus naikinamajam terminui, kuris yra prievolės pabaigos sąlyga.

6.125 straipsnis. Prievolės pabaiga šalių susitarimu 1. Prievolė gali visiškai ar iš dalies baigtis jos šalių susitarimu. Toks susitarimas gali būti

bet kokios formos, išskyrus atvejus, kai susitarimas, pagal kurį atsiranda prievolė, privalo būti rašytinės ar notarinės formos.

2. Prievolė gali baigtis vienašaliu prievolės šalies pareiškimu tik įstatymų ar sutarties numatytais atvejais.

6.126 straipsnis. Prievolės pabaiga šalių sutapimu 1. Prievolė baigiasi, kai skolininkas ir kreditorius sutampa. 2. Kai sutapimas baigiasi, prievolė atsinaujina, jeigu nėra pasibaigusi kitais pagrindais. 3. Prievolės šalių sutapimas neturi įtakos trečiųjų asmenų teisėms. 4. Šalių sutapimu prievolė negali baigtis, jeigu reikalavimas ir skola susiję su skirtingu ir

vienas nuo kito atskirtu turtu. 5. Laidavimo atveju, kai kreditorius ir skolininkas sutampa, laidavimas pasibaigia. 6. Laiduotojo ir kreditoriaus arba laiduotojo ir skolininko pagal pagrindinę prievolę

sutapimas nėra pagrindas pagrindinei prievolei pasibaigti. 7. Kreditoriaus ir vieno iš skolininkų, turinčių solidariąją prievolę, ar skolininko ir vieno iš

kreditorių, turinčių solidariąją reikalavimo teisę, sutapimas yra pagrindas baigtis tik atitinkamo skolininko ar kreditoriaus prievolės daliai.

8. Įkeitimas (hipoteka) baigiasi, kai sutampa hipotekos kreditorius ir įkeisto turto savininkas. Tačiau jeigu turtas iš kreditoriaus išreikalaujamas dėl priežasčių, už kurias kreditorius neatsako, įkeitimas (hipoteka) atsinaujina.

6.127 straipsnis. Prievolės pabaiga, kai neįmanoma jos įvykdyti 1. Prievolė baigiasi, kai jos įvykdyti neįmanoma dėl nenugalimos jėgos, už kurią

skolininkas neatsako. Šiuo pagrindu prievolė baigiasi tik tuo atveju, jeigu nenugalima jėga atsirado iki tol, kol skolininkas nepažeidė prievolės. Nenugalimos jėgos faktą turi įrodyti skolininkas. Jeigu nebeįmanoma įvykdyti tik dalies prievolės, prievolė baigiasi, kai skolininkas įvykdo tą prievolės dalį, kurią įvykdyti dar įmanoma.

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2. Šio straipsnio 1 dalyje nurodytu atveju dvišalės sutarties skolininkas privalo grąžinti kitai šaliai visa, ką buvo iš jos gavęs, ir netenka teisės reikalauti to, ko dar nėra gavęs pagal sutartį.

3. Jeigu prievolės nebeįmanoma įvykdyti dėl neteisėtų valstybės ar savivaldybių institucijų aktų, tai šalys gali reikalauti nuostolių atlyginimo iš valstybės ar savivaldybės biudžeto. Kai toks aktas pripažintas negaliojančiu, prievolė atsinaujina, jeigu ko kita nenumato šalių sutartis arba nelemia prievolės esmė, arba jeigu kreditorius dar nėra praradęs intereso.

6.128 straipsnis. Prievolės pabaiga mirus fiziniam asmeniui arba likvidavus juridinį asmenį

1. Kai skolininkas miršta, prievolė baigiasi, jeigu ji negali būti įvykdyta nedalyvaujant pačiam skolininkui arba kitokiu būdu yra neatsiejamai susijusi su skolininko asmeniu.

2. Kai kreditorius miršta, prievolė baigiasi, jeigu ji turėjo būti įvykdyta asmeniškai jam arba kitokiu būdu yra neatsiejamai susijusi su kreditoriaus asmeniu.

3. Kai juridinis asmuo (kreditorius arba skolininkas) likviduojamas, prievolė baigiasi, išskyrus įstatymų nustatytus atvejus, kai prievolę turi įvykdyti kiti asmenys.

6.129 straipsnis. Skolininko atleidimas nuo prievolės įvykdymo 1. Prievolė baigiasi, kai kreditorius atleidžia skolininką nuo jos įvykdymo arba pareiškia,

kad prievolė neegzistuoja, jeigu atleidimas nuo prievolės įvykdymo nepažeidžia trečiųjų asmenų teisių į kreditoriaus turtą.

2. Atleidimas nuo prievolės įvykdymo turi būti pareikštas aiškiai ir neabejotinai. Jis gali būti atlygintinis arba neatlygintinis.

3. Atleidžiama nuo visos prievolės vykdymo, išskyrus atvejus, kai kreditorius aiškiai nurodo, kad atleidžia tik nuo prievolės dalies vykdymo.

4. Preziumuojama, kad kreditorius atleidžia skolininką nuo prievolės įvykdymo, jeigu kreditorius savanoriškai grąžina skolininkui skolos dokumentą ir nėra kitokių aplinkybių, leidžiančių daryti išvadą, kad skolos dokumentas buvo grąžintas skolininkui, kai šis įvykdė prievolę.

5. Skolininkui adresuotas kreditoriaus pasiūlymas atleisti jį nuo prievolės vykdymo už atlyginimą pripažįstamas priimtu, jeigu jį gavęs skolininkas nedelsdamas neatmetė.

6. Kai prievolė solidarioji, vieno iš skolininkų atleidimas nuo prievolės įvykdymo kitus bendraskolius atleidžia tik nuo jo dalies vykdymo. Vieno iš solidariąją reikalavimo teisę turinčių kreditorių pareikštas skolininko atleidimas nuo prievolės įvykdymo atleidžia skolininką tik nuo to kreditoriaus reikalavimo dalies vykdymo.

7. Kreditoriaus pareikštas įkeitimo (hipotekos) ar kitokio prievolės įvykdymo užtikrinimo atsisakymas nėra pagrindas pripažinti, kad kreditorius atleido skolininką nuo pagrindinės prievolės vykdymo.

ANTRASIS SKIRSNIS ĮSKAITYMAS

6.130 straipsnis. Prievolės pabaiga įskaitymu 1. Prievolė baigiasi, kai įskaitomas priešpriešinis vienarūšis reikalavimas, kurio terminas

suėjęs arba kurio terminas nenurodytas ar apibūdintas pagal pareikalavimo momentą. 2. Įskaitymas arba atsisakymas įskaityti neturi įtakos sąžiningo trečiojo asmens įgytoms

teisėms.

6.131 straipsnis. Įskaitymo tvarka 1. Įskaitymui pakanka vienos prievolės šalies pareiškimo. 2. Įskaitoma pranešant apie tai kitai prievolės šaliai. Pranešimas laikomas negaliojančiu,

jeigu įskaitymas daromas su tam tikra sąlyga ar nurodant jo terminą. 3. Jeigu kreditorius turi skolininko išduotą skolos dokumentą, tai įskaitoma padarant įrašą

skolos dokumente ir grąžinant šį dokumentą skolininkui. 4. Jeigu įskaitymas nepadengia viso reikalavimo arba skolos dokumentas reikalingas

kreditoriui kitoms teisėms įgyvendinti, tai kreditorius turi teisę pasilikti skolos dokumentą su įrašu apie įskaitymą, tačiau privalo apie įskaitymą raštu pranešti skolininkui.

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6.132 straipsnis. Įskaitymas lengvatinio termino atveju Skolininkui nustatytas lengvatinis terminas vienai iš skolų sumokėti nekliudo taikyti

įskaitymą.

6.133 straipsnis. Įskaitymas, kai prievolė įvykdoma kitoje vietoje 1. Aplinkybė, kad prievolė turi būti įvykdyta kitoje vietoje, nepanaikina įskaitymo teisės. 2. Šio straipsnio 1 dalyje nurodytu atveju prievolės šalis, pasinaudojusi įskaitymo teise,

turi kompensuoti kitos šalies patirtus nuostolius dėl to, kad prievolė nebuvo įvykdyta sutartoje vietoje.

6.134 straipsnis. Įskaitymo draudimas 1. Draudžiama įskaityti: 1) reikalavimus, kurie ginčijami teisme; 2) reikalavimus, atsiradusius iš sutarties dėl turto perleidimo su sąlyga išlaikyti iki gyvos

galvos; 3) reikalavimus, kurių įvykdymas susijęs su konkretaus kreditoriaus asmeniu; 4) dėl sveikatos sužalojimo ar gyvybės atėmimo atsiradusius reikalavimus atlyginti žalą; 5) reikalavimus valstybei, tačiau valstybė turi teisę taikyti įskaitymą; 6) kai prievolės dalykas yra turtas, į kurį negalima nukreipti išieškojimo; 7) įstatymų numatytus kitokius reikalavimus. 2. Skolininkas neturi įskaitymo teisės, jeigu jis privalo atlyginti savo tyčiniais veiksmais

padarytą žalą.

6.135 straipsnis. Įskaitymas laidavimo atveju 1. Laiduotojas gali atsisakyti patenkinti kreditoriaus reikalavimą, jeigu pagrindinis

skolininkas turi įskaitymo teisę. 2. Laiduotojas turi teisę įskaityti savo reikalavimus kreditoriui atsižvelgiant į kreditoriaus

santykius su skolininku, tačiau pagrindinis skolininkas neturi teisės panaudoti įskaitymo kreditoriaus ir laiduotojo tarpusavio santykiams.

6.136 straipsnis. Įskaitymas reikalavimo perleidimo atveju Kai reikalavimas perleistas, skolininkas turi teisę įskaityti naujojo kreditoriaus

reikalavimui patenkinti savo reikalavimą, turimą ankstesniam kreditoriui, jeigu skolininko reikalavimo terminas suėjo iki pranešimo apie reikalavimo perleidimą gavimo arba jeigu tas terminas nenurodytas ar apibūdintas pagal pareikalavimo momentą, išskyrus šio kodekso 6.108 straipsnyje nustatytas išimtis.

6.137 straipsnis. Įskaitymas, kai yra keli kreditoriai ir keli skolininkai 1. Solidariąją prievolę turintis skolininkas negali reikalauti įskaityti tai, ką kreditorius

skolingas kitam bendraskoliui, išskyrus pastarojo solidariosios skolos dalį. 2. Skolininkas (tiek kai prievolė solidarioji, tiek kai ji dalomoji) negali reikalauti vienam iš

solidariojo reikalavimo teisę turinčių kreditorių įskaityti tai, ką skolininkui yra skoliningas kitas kreditorius, išskyrus pastarojo solidariojo reikalavimo dalį.

6.138 straipsnis. Įskaitymas kelių skolų atveju Kai skolininkas turi kelias skolas tam pačiam kreditoriui, įskaitoma laikantis šio kodekso

6.54–6.55 straipsniuose nustatytų įmokų skyrimo eiliškumo taisyklių.

6.139 straipsnis. Įskaitymas, kai yra sutartis trečiojo asmens naudai Trečiojo asmens naudai prisiėmęs prievolę asmuo neturi teisės įskaityti į ją reikalavimą,

kurį jis turi kitai prievolės šaliai.

6.140 straipsnis. Įskaitymas skolininko nemokumo atveju Kai skolininkas tampa nemokus, kreditoriai gali įskaityti savo reikalavimus, nors jų

terminas ir nesuėjęs, jeigu įstatymai nenustato ko kita.

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TREČIASIS SKIRSNIS NOVACIJA

6.141 straipsnis. Novacijos samprata 1. Prievolė baigiasi, jeigu šalys vietoj esamos prievolės savo susitarimu sukuria pradinę

prievolę pakeičiančią naują prievolę, turinčią skirtingą negu ankstesnioji prievolė dalyką ar skirtingą įvykdymo būdą (novacija). Novacija taip pat laikoma pradinio skolininko pakeitimas nauju, kai pradinį skolininką kreditorius atleidžia nuo prievolės įvykdymo. Šiuo atveju novacija galima be pradinio skolininko sutikimo. Novacija laikomi ir tie veiksmai, kai pagal naują sutartį naujas kreditorius pakeičia ankstesnįjį, o skolininkas atleidžiamas nuo prievolės įvykdymo ankstesniam kreditoriui.

2. Novacija nepreziumuojama, todėl visais atvejais turi būti aiškiai ir neabejotinai pareikšta.

3. Novacija galima tik tais atvejais, kai galioja ankstesnė prievolė. 4. Draudžiama taikyti novaciją prievolėms atlyginti žalą, padarytą dėl sveikatos

sužalojimo arba gyvybės atėmimo, taip pat išimtinai su šalių asmeniu susijusioms prievolėms.

6.142 straipsnis. Veiksmai, kurie nelaikomi novacija Prievolės įvykdymo termino pratęsimas ar sutrumpinimas, dokumento apie prievolės

buvimą išdavimas ar šio dokumento pakeitimas, taip pat kitoks papildomas prievolės modifikavimas nelaikomas novacija.

6.143 straipsnis. Novacijos įtaka papildomoms (šalutinėms) teisėms 1. Įkeitimo teisė (hipoteka) ir kitos papildomos (šalutinės) teisės, atsirandančios iš

pradinės prievolės, novacijos atveju pasibaigia, išskyrus atvejus, kai šalys susitaria šias teises išsaugoti.

2. Jeigu yra kreditoriaus ir vieno iš solidariąją pareigą turinčių skolininkų novacija, pagal kurią kiti bendraskoliai atleidžiami nuo prievolės įvykdymo, tai įkeitimo teisė (hipoteka) ir kitos papildomos (šalutinės) teisės, atsirandančios iš pradinės prievolės, gali būti išsaugotos tik to skolininko, kuris sukuria su kreditoriumi naują prievolę, turtui.

3. Jeigu novacija yra pradinio skolininko pakeitimas nauju skolininku ir pirmasis atleidžiamas nuo prievolės vykdymo, tai įkeitimas (hipoteka), kuriuo buvo užtikrintas prievolės įvykdymas, negali būti perkeltas naujojo skolininko turtui. Nuo prievolės vykdymo atleisto pradinio skolininko turto įkeitimas (hipoteka) tokiu atveju gali išlikti tik tuomet, kai buvęs pradinis skolininkas sutinka. Kai naujasis skolininkas iš pradinio skolininko įgyja daiktą, teisės į kurį suvaržytos dėl įkeitimo (hipotekos), tai įkeitimas (hipoteka) išlieka, jeigu su tuo sutinka naujasis skolininkas.

6.144 straipsnis. Kitos novacijos pasekmės 1. Kai novacija yra pradinio skolininko pakeitimas nauju, tai naujasis skolininkas negali

pareikšti kreditoriui tų atsikirtimų, kuriuos jis būtų galėjęs reikšti pradiniam skolininkui, taip pat atsikirtimų, kuriuos pradinis skolininkas turėjo kreditoriui. Tačiau skolininkas gali reikalauti pripažinti negaliojančiu sandorį, iš kurio atsirado jo prievolė.

2. Kai yra kreditoriaus ir pagrindinio skolininko novacija, skolininko laiduotojas atleidžiamas nuo prievolės vykdymo.

3. Šio straipsnio 2 dalyje numatytu pagrindu prievolė nesibaigia, jeigu kreditorius reikalauja, kad novacijoje dalyvautų laiduotojas, o šis atsisako.

X SKYRIUS RESTITUCIJA

6.145 straipsnis. Restitucijos taikymo pagrindas 1. Restitucija taikoma tada, kai asmuo privalo grąžinti kitam asmeniui turtą, kurį jis gavo

neteisėtai arba per klaidą, arba dėl to, kad sandoris, pagal kurį jis gavo turtą, pripažintas negaliojančiu ab initio arba dėl to, kad prievolės negalima įvykdyti dėl nenugalimos jėgos.

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2. Išimtiniais atvejais teismas gali pakeisti restitucijos būdą arba apskritai jos netaikyti, jeigu dėl jos taikymo vienos iš šalių padėtis nepagrįstai ir nesąžiningai pablogėtų, o kitos atitinkamai pagerėtų.

6.146 straipsnis. Restitucijos būdas Restitucija atliekama natūra, išskyrus atvejus, kai tai neįmanoma arba sukeltų didelių

nepatogumų šalims. Tokiu atveju restitucija atliekama sumokant ekvivalentą pinigais.

6.147 straipsnis. Piniginio ekvivalento apskaičiavimas 1. Piniginis ekvivalentas apskaičiuojamas taikant kainas, galiojančias tuo metu, kai

skolininkas gavo tai, ką jis privalo grąžinti. 2. Kai grąžintinas turtas sunaikintas arba perleistas, asmuo privalo atlyginti turto vertę,

buvusią jo gavimo, sužalojimo ar perleidimo arba restitucijos metu, atsižvelgiant į tai, kuriuo metu to turto vertė buvo mažiausia. Jeigu privalantis grąžinti turtą asmuo yra nesąžiningas arba restitucija taikoma dėl jo kaltės, tai jis privalo atlyginti didžiausią turto vertę.

6.148 straipsnis. Neišlikusio turto vertės kompensavimas 1. Kai turtas sunaikintas dėl nenugalimos jėgos, restitucija netaikoma, tačiau skolininkas

privalo perleisti kreditoriui reikalavimą dėl kompensacijos už žuvusį turtą arba perduoti kreditoriui jau gautą kompensaciją už sunaikintą turtą.

2. Kai skolininkas yra nesąžiningas arba restitucija taikoma dėl jo kaltės, jis privalo grąžinti turto vertę, apskaičiuojamą pagal šio kodekso 6.147 straipsnio 2 dalies taisykles, išskyrus atvejus, kai skolininkas įrodo, kad turtas būtų sunaikintas net tuo atveju, jeigu jį būtų valdęs kreditorius.

6.149 straipsnis. Dalinis turto sunaikinimas Jeigu turtas sunaikintas iš dalies arba kitaip sumažėjusi jo vertė, tai skolininkas privalo

sumokėti kreditoriui sunaikintos turto dalies piniginį ekvivalentą ar atlyginti jo vertės sumažėjimą, išskyrus atvejus, kai turto vertė sumažėjo dėl normalaus turto nusidėvėjimo.

6.150 straipsnis. Su turto priežiūra susijusių išlaidų atlyginimas Grąžinti turtą privalančio asmens išlaidos, susijusios su grąžintino turto priežiūra ir

saugojimu, atlyginamos pagal šio kodekso ketvirtosios knygos normas, reglamentuojančias sąžiningą ir nesąžiningą turto valdymą.

6.151 straipsnis. Vaisių ir pajamų grąžinimas 1. Iš turto gauti vaisiai ir pajamos priklauso privalančiam grąžinti turtą asmeniui. Visos šio

asmens turėtos išlaidos vaisiams ir pajamoms gauti tenka pačiam asmeniui. 2. Jeigu privalantis grąžinti turtą asmuo yra nesąžiningas arba restitucija taikoma dėl jo

kaltės, tai jis privalo grąžinti iš turto gautus vaisius ir pajamas ir kompensuoti kreditoriui bet kokią kitą iš to turto gautą naudą. Tačiau kreditorius turi atlyginti tokiam asmeniui šio turėtas vaisiams ir pajamoms gauti būtinas išlaidas.

6.152 straipsnis. Restitucijos išlaidos 1. Restitucijos išlaidas abi šalys apmoka lygiomis dalimis, jeigu jos nėra susitarusios

kitaip. 2. Jeigu viena šalis yra nesąžininga arba restitucija taikoma dėl jos kaltės, visas restitucijos

išlaidas turi atlyginti ši šalis.

6.153 straipsnis. Restitucijos įtaka tretiesiems asmenims 1. Sąžiningi tretieji asmenys, pagal atlygintinį sandorį įgiję nuosavybės teise grąžintiną

turtą, gali panaudoti šį sandorį prieš asmenį, kuris reikalauja restitucijos. 2. Sąžiningi tretieji asmenys, pagal neatlygintinį sandorį įgiję nuosavybės teise grąžintiną

turtą, negali šio sandorio panaudoti prieš asmenį, kuris reikalauja restitucijos, jeigu pastarasis nėra praleidęs ieškinio senaties termino.

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3. Bet kokie kiti veiksmai sąžiningo trečiojo asmens naudai gali būti panaudoti prieš restitucijos reikalaujantį asmenį.

II DALIS SUTARČIŲ TEISĖ

XI SKYRIUS BENDROSIOS NUOSTATOS

6.154 straipsnis. Sutarties samprata 1. Sutartis yra dviejų ar daugiau asmenų susitarimas sukurti, pakeisti ar nutraukti civilinius

teisinius santykius, kai vienas ar keli asmenys įsipareigoja kitam asmeniui ar asmenims atlikti tam tikrus veiksmus (ar susilaikyti nuo tam tikrų veiksmų atlikimo), o pastarieji įgyja reikalavimo teisę.

2. Sutartims taikomos šio kodekso normos, reglamentuojančios dvišalius ir daugiašalius sandorius.

3. Sutartims taikomos šios knygos I dalies normos, reglamentuojančios bendruosius prievolių teisės klausimus, jeigu sutartinių santykių normos nenustato išimčių iš bendrų taisyklių.

6.155 straipsnis. Taikymo ribos 1. Šiame skyriuje įtvirtintos sutarčių teisės bendrosios normos taikomos visoms sutartims,

atsižvelgiant į sutarčių prigimtį. 2. Atskirų rūšių sutarčių specialiosios normos gali būti nustatytos ir kituose įstatymuose.

6.156 straipsnis. Sutarties laisvės principas 1. Šalys turi teisę laisvai sudaryti sutartis ir savo nuožiūra nustatyti tarpusavio teises bei

pareigas, taip pat sudaryti ir šio kodekso nenumatytas sutartis, jeigu tai neprieštarauja įstatymams. 2. Draudžiama versti kitą asmenį sudaryti sutartį, išskyrus atvejus, kai pareigą sudaryti

sutartį nustato įstatymai ar savanoriškas įsipareigojimas sudaryti sutartį. 3. Šalys turi teisę sudaryti sutartį, turinčią kelių rūšių sutarčių elementų. Tokiai sutarčiai

taikomos atskirų rūšių sutartis reglamentuojančios normos, jeigu ko kita nenumato šalių susitarimas arba tai neprieštarauja pačios sutarties esmei.

4. Sutarties sąlygas šalys nustato savo nuožiūra, išskyrus atvejus, kai tam tikras sutarties sąlygas nustato imperatyviosios teisės normos.

5. Jeigu sutarties sąlygas nustato dispozityvioji teisės norma, tai šalys gali susitarti šių sąlygų netaikyti arba susitarti dėl kitokių sąlygų. Jeigu tokio šalių susitarimo nėra, sutarties sąlygos nustatomos pagal dispozityviąją teisės normą.

6. Jeigu kai kurių sutarties sąlygų nereglamentuoja nei įstatymai, nei šalių susitarimai, tai jas ginčo atveju nustato teismas remdamasis papročiais, teisingumo, protingumo bei sąžiningumo kriterijais, įstatymų ar teisės analogija.

6.157 straipsnis. Imperatyviosios teisės normos ir sutartis 1. Šalys savo susitarimu negali pakeisti, apriboti ar panaikinti imperatyviųjų teisės normų

galiojimo ir taikymo, nepaisant to, kokia teisė – nacionalinė ar tarptautinė – šias normas nustato. 2. Imperatyviųjų teisės normų pasikeitimas po sutarties sudarymo neturi įtakos sutarties

sąlygoms.

6.158 straipsnis. Sąžiningumas ir sąžininga dalykinė praktika 1. Kiekviena sutarties šalis turėdama sutartinių santykių, privalo elgtis sąžiningai. 2. Šio straipsnio 1 dalyje nustatytos pareigos šalys savo susitarimu negali pakeisti ar

panaikinti.

6.159 straipsnis. Sutarties elementai Sutarties elementai, kurių pakanka sutarties galiojimui, yra veiksnių šalių susitarimas, o

įstatymų nustatytais atvejais – ir sutarties forma.

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6.160 straipsnis. Sutarčių rūšys 1. Sutartys gali būti dvišalės ir vienašalės; atlygintinės ir neatlygintinės; konsensualinės ir

realinės; vienkartinio įvykdymo sutartys ir tęstinio vykdymo sutartys; vartojimo sutartys ir kitos. 2. Pagal sudarymo būdą sutartys skirstomos į abipusėmis derybomis sudaromas sutartis ir

prisijungiant sudaromas sutartis. 3. Pagal gaunamos naudos apibrėžtumą sutartys skirstomos į rizikos sutartis (jose

konkrečiai nenustatytas naudos gavimas ar šalių pareigos dydis arba tai priklauso nuo tam tikro įvykio buvimo ar nebuvimo) ir ekvivalentines sutartis (jose sudarymo metu konkrečiai nurodoma gaunama nauda ir jos dydis ar šalių pareigų dydis).

6.161 straipsnis. Viešoji sutartis 1. Viešąja sutartimi laikoma sutartis, kurią sudaro juridinis asmuo (verslininkas), teikiantis

paslaugas ar parduodantis prekes visiems, kas tik kreipiasi (transporto, ryšių, elektros, šilumos, dujų, vandentiekio ir kt. organizacijos).

2. Visiems paslaugas teikiantis ar prekes parduodantis juridinis asmuo (verslininkas) privalo sudaryti sutartį su bet kuriuo asmeniu, kai šis kreipiasi, išskyrus įstatymų nustatyta tvarka patvirtintas išimtis.

3. Sudarydamas viešąsias sutartis, juridinis asmuo (verslininkas) neturi teisės kam nors suteikti privilegijų, išskyrus įstatymų nustatytus atvejus.

4. Viešosiose sutartyse nustatomos prekių ir paslaugų kainos bei kitos sąlygos turi būti vienodos visiems tos pačios kategorijos vartotojams, išskyrus įstatymų nustatytus atvejus, kai atskirų kategorijų vartotojams gali būti taikomos lengvatinės sąlygos.

5. Įstatymų nustatytais atvejais juridinis asmuo (verslininkas) privalo pateikti atitinkamai valstybės institucijai tvirtinti standartines viešosios sutarties sąlygas. Įstatymų nustatytais atvejais viešosios sutartys gali būti sudaromos pagal abiem šalims privalomas standartines sąlygas, patvirtintas atitinkamos valstybės institucijos.

XII SKYRIUS SUTARČIŲ SUDARYMAS

6.162 straipsnis. Sutarties sudarymo tvarka 1. Sutartis sudaroma pateikiant pasiūlymą (oferta) ir priimant pasiūlymą (akceptas) arba

kitais šalių susitarimą pakankamai įrodančiais veiksmais. 2. Kai šalys susitaria dėl visų esminių sutarties sąlygų, sutartis galioja, nors susitarimas dėl

antraeilių sąlygų ir atidėtas. Kai šalys dėl antraeilių sutarties sąlygų nesusitaria, ginčas gali būti sprendžiamas teisme atsižvelgiant į sutarties pobūdį, dispozityviąsias teisės normas, papročius, teisingumo, protingumo bei sąžiningumo kriterijus.

6.163 straipsnis. Šalių pareigos esant ikisutartiniams santykiams 1. Šalys privalo elgtis sąžiningai ir esant ikisutartiniams santykiams. 2. Šalys turi teisę laisvai pradėti derybas bei derėtis ir neatsako už tai, jog nepasiekiamas

šalių susitarimas. 3. Šalis, kuri pradeda derybas dėl sutarties sudarymo ar derasi nesąžiningai, privalo

atlyginti kitai šaliai padarytus nuostolius. Laikoma, kad derybos pradedamos ar deramasi nesąžiningai, kai derybų šalis neturi tikslo sudaryti sutartį, taip pat atlieka kitus sąžiningumo kriterijų neatitinkančius veiksmus.

4. Šalys privalo atskleisti viena kitai joms žinomą informaciją, turinčią esminės reikšmės sutarčiai sudaryti.

6.164 straipsnis. Konfidencialumo pareiga 1. Jeigu viena šalis derybų metu suteikia kitai šaliai konfidencialią informaciją, tai kita

šalis, sužinojusi ar gavusi šią informaciją, privalo jos neatskleisti ar nenaudoti savo tikslams neteisėtu būdu nepaisant to, ar sutartis sudaryta, ar ne. Šią pareigą pažeidusi šalis privalo atlyginti kitai šaliai padarytus nuostolius.

2. Minimalūs nuostoliai tokiais atvejais yra tokio dydžio, kokia yra gauta nauda, išreikšta pinigais.

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6.165 straipsnis. Preliminarioji sutartis 1. Preliminariąja sutartimi laikomas šalių susitarimas, pagal kurį jame aptartomis

sąlygomis šalys įsipareigoja ateityje sudaryti kitą – pagrindinę – sutartį. 2. Preliminarioji sutartis turi būti rašytinė. Formos reikalavimų nesilaikymas

preliminariąją sutartį daro negaliojančią. 3. Preliminariojoje sutartyje šalys turi nurodyti terminą pagrindinei sutarčiai sudaryti.

Jeigu šis terminas nenurodytas, pagrindinė sutartis turi būti sudaryta per metus nuo preliminariosios sutarties sudarymo.

4. Jeigu preliminariąją sutartį sudariusi šalis nepagrįstai vengia ar atsisako sudaryti pagrindinę sutartį, ji privalo atlyginti kitai šaliai padarytus nuostolius.

5. Jeigu šalys per preliminariojoje sutartyje nustatytą terminą pagrindinės sutarties nesudaro, tai prievolė sudaryti šią sutartį pasibaigia.

6.166 straipsnis. Žinojimo prezumpcija Preziumuojama, kad oferta, akceptas, jų atšaukimas ar kitoks pranešimas tapo žinomi

adresatui tuo momentu, kai jie pasiekė adresato gyvenamąją ar verslo vietą (buveinę), išskyrus atvejus, kai adresatas įrodo, kad ne dėl jo ar ne dėl jo darbuotojų kaltės jam nebuvo įmanoma gauti tokį pranešimą.

6.167 straipsnis. Oferta 1. Pasiūlymas sudaryti sutartį laikomas oferta, jeigu jis pakankamai apibūdintas ir išreiškia

oferento ketinimą būti sutarties saistomam ir įsipareigojančiam akcepto atveju. 2. Oferta gali būti adresuota konkrečiam asmeniui arba nenustatytam asmenų skaičiui

(viešoji oferta).

6.168 straipsnis. Ofertos galiojimas 1. Oferta įsigalioja, kai ją gauna akceptantas. 2. Ofertą, net ir neatšaukiamą, oferentas gali panaikinti, jeigu pranešimą apie jos

panaikinimą adresatas gauna anksčiau negu ofertą arba kartu su ja.

6.169 straipsnis. Ofertos atšaukimas 1. Kol sutartis nesudaryta, ofertą galima atšaukti, jeigu pranešimą apie jos atšaukimą

akceptantas gauna prieš išsiųsdamas akceptą. 2. Tačiau oferta negali būti atšaukta, jeigu : 1) ofertoje nurodant tam tikrą terminą jai akceptuoti ar kitokiu būdu nustatyta, kad ji

neatšaukiama; 2) akceptantas turėjo protingą pagrindą manyti, kad oferta yra neatšaukiama ir,

remdamasis ja, atitinkamai veikė.

6.170 straipsnis. Ofertos pabaiga Oferta netenka galios, kai atsisakymą ją akceptuoti gauna oferentas arba per nustatytą

terminą negauna atsakymo.

6.171 straipsnis. Viešoji oferta 1. Viešąja oferta laikomas visiems skirtas pasiūlymas sudaryti sutartį, taip pat prekių

pažymėtomis kainomis išdėstymas parduotuvės vitrinoje ar lentynoje arba atlyginimo pažadėjimas už tam tikrų veiksmų atlikimą.

2. Viešoji oferta, atšaukta tokia pat forma, kaip buvo pareikšta, tampa negaliojanti, nors apie jos atšaukimą sužinojo ne visi asmenys, kuriems oferta buvo žinoma.

3. Viešąja oferta nelaikomi kainoraščiai, prospektai, katalogai, tarifai ir kita informacinė medžiaga, išskyrus įstatymų nustatytas išimtis.

6.172 straipsnis. Oferento ar akceptanto mirtis, bankrotas, likvidavimas ar neveiksnumas

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Oferento ar akceptanto mirtis, bankroto bylos jam iškėlimas, likvidavimas ar neveiksnumas daro pasiūlymą sudaryti sutartį negaliojantį, jeigu šie įvykiai atsirado iki akcepto gavimo.

6.173 straipsnis. Akceptas ir jo formos 1. Akceptanto pareiškimas arba kitoks jo elgesys, kuriuo pareiškiamas ofertos priėmimas,

laikomas akceptu. Tylėjimas arba neveikimas savaime nelaikomas akceptu. 2. Akceptas sukelia teisines pasekmes nuo to momento, kai jį gauna oferentas. 3. Jeigu ofertoje numatyta galimybė ją akceptuoti nepranešant apie tai oferentui (tylėjimu

ar konkliudentiniais veiksmais) arba tokia išvada darytina atsižvelgiant į egzistuojančius šalių santykius arba papročius, tai akceptas sukelia teisines pasekmes nuo atitinkamų akceptanto valią reiškiančių veiksmų atlikimo.

6.174 straipsnis. Akceptavimo terminas 1. Oferta turi būti akceptuojama per oferento nurodytą terminą, o kai jis nenurodytas, – per

protingą terminą, atsižvelgiant į konkrečias aplinkybes, tarp jų – ir į šalių naudojamų ryšio priemonių galimybes.

2. Žodinė oferta turi būti akceptuojama nedelsiant, jeigu atsižvelgiant į konkrečias aplinkybes nedarytina kitokia išvada.

6.175 straipsnis. Akceptavimas per nustatytą terminą 1. Oferento telegramoje ar laiške nurodytas akceptavimo terminas pradedamas skaičiuoti

nuo telegramos atidavimo išsiųsti arba nuo laiške nurodytos datos, o kai ši data nenurodyta, – nuo ant voko esančios datos. Telekomunikacijų galiniais įrenginiais oferento nurodytas akceptavimo terminas pradedamas skaičiuoti nuo to momento, kai oferta pasiekia adresatą.

2. Valstybinių švenčių ar ne darbo dienos įskaičiuojamos į nustatytą akceptavimo terminą. Tačiau jeigu pranešimo apie akceptą negalima įteikti oferentui dėl to, kad paskutinė termino diena yra valstybinė šventė ar ne darbo diena, tai terminas baigiasi pirmą po jos einančią darbo dieną.

6.176 straipsnis. Pavėluotas akceptas 1. Pavėluotas akceptas galioja, jeigu oferentas nedelsdamas apie gavimą praneša

akceptantui arba nusiunčia jam atitinkamą patvirtinimą. 2. Kai iš laiško ar kito rašytinio pranešimo, kuriuo atsiunčiamas pavėluotas akceptas,

galima nustatyti, jog jis išsiųstas laiku, ir normaliomis aplinkybėmis oferentas jį būtų gavęs laiku, tai pavėluotas akceptas laikomas galiojančiu, jeigu oferentas nedelsdamas nepraneša akceptantui, kad jo oferta neteko galios.

6.177 straipsnis. Akcepto atšaukimas Akceptas netenka galios, jeigu pranešimą apie jo atšaukimą oferentas gauna anksčiau arba

tuo pačiu momentu, kai akceptas įsigalioja.

6.178 straipsnis. Akceptas su išlygomis 1. Atsakymas į ofertą, kai jame yra papildymų, išlygų ar kitokių ofertos sąlygų pakeitimų,

laikomas ofertos atmetimu ir yra priešpriešinė oferta. 2. Atsakymas į ofertą, kai jo tikslas – akceptuoti, bet jame yra ofertos sąlygų esmės

nekeičiančių papildomų ar skirtingų sąlygų, laikomas akceptu, jeigu oferentas, gavęs atsakymą, nedelsdamas nepareiškia prieštaraująs tokiems papildymams ar pakeitimams. Jeigu oferentas to nepadaro, tai sutartis laikoma sudaryta pagal ofertos sąlygas su akcepte esančiais pakeitimais.

6.179 straipsnis. Standartinių sąlygų kolizija Jeigu abi šalys sudaro sutartį apsikeisdamos standartinėmis sutarties sąlygomis, tai sutartis

laikoma sudaryta pagal iš esmės sutampančias standartines sutarties sąlygas, išskyrus atvejus, kai viena šalis iš anksto aiškiai nurodo, jog ji nesutinka su kitos šalies pasiūlytomis standartinėmis sąlygomis, arba apie tokį nesutikimą nedelsdama praneša tas sąlygas gavusi.

6.180 straipsnis. Rašytinis patvirtinimas

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Kai šalies rašytiniame pranešime, kuris pasiųstas per protingą terminą po sutarties sudarymo ir kuriuo patvirtinamas sutarties sudarymo faktas, yra nurodoma papildomų ar pakeistų sąlygų, šios sąlygos tampa sutarties dalimi, jeigu jos iš esmės nekeičia sutarties sąlygų arba pranešimo gavėjas nedelsdamas nepareiškia nesutinkąs su tokiais papildymais ar pakeitimais.

6.181 straipsnis. Sutarties sudarymo momentas ir vieta 1. Sutartis laikoma sudaryta nuo to momento, kai oferentas gauna akceptą, jeigu sutartyje

nenumatyta ko kita. 2. Sutarties sudarymo vieta laikoma oferento gyvenamoji ar verslo vieta, jeigu įstatymuose

ar sutartyje nenumatyta ko kita. 3. Jeigu derybų metu viena iš šalių pareiškia, kad sutarties ji nelaikys sudaryta tol, kol

nebus susitarta dėl tam tikrų sąlygų, arba tol, kol susitarimas nebus atitinkamai įformintas, sutartis laikoma nesudaryta tol, kol šalys dėl tų sąlygų nesusitaria arba savo susitarimo atitinkamai neįformina.

4. Jeigu pagal įstatymus sutartis turi būti tam tikros formos, ji laikoma sudaryta nuo to momento, kai šalių susitarimas pareikštas įstatymų reikalaujama forma.

5. Kai pagal įstatymus ar šalių susitarimą būtinas turto perdavimas, sutartis laikoma sudaryta nuo atitinkamo turto perdavimo.

6.182 straipsnis. Sutartis, kurioje yra neaptartų sąlygų 1. Jeigu šalys, sudarydamos sutartį, specialiai paliko aptarti tam tikras sąlygas tolesnių

derybų metu arba pavedė jas nustatyti tretiesiems asmenims, tai sutartis laikoma sudaryta. 2. Sutarties galiojimui neturi įtakos aplinkybė, kad šalys vėliau dėl šio straipsnio 1 dalyje

nurodytų sąlygų nesusitarė arba tretieji asmenys jų nenustatė, jeigu yra kitų priemonių ar būdų joms nustatyti.

6.183 straipsnis. Sutarties pakeitimo išlyga 1. Rašytinė sutartis, kurioje yra išlyga, kad sutartį pakeisti ar papildyti arba ją nutraukti

galima tik raštu, negali būti pakeista, papildyta ar nutraukta kitokiu būdu. 2. Viena sutarties šalis dėl savo elgesio gali prarasti teisę remtis šio straipsnio 1 dalyje

numatyta sutarties išlyga, jeigu kita sutarties šalis atitinkamai veikė, remdamasi pirmosios elgesiu. 3. Notarinės formos sutartis gali būti nutraukta, pakeista ar papildyta tik notarine forma.

6.184 straipsnis. Viešųjų sutarčių sudarymo ypatumai 1. Jeigu pagal įstatymus šalis, kuriai nusiųsta oferta, privalo sudaryti sutartį, tai ši šalis per

keturiolika dienų nuo ofertos gavimo turi atsiųsti kitai šaliai pranešimą apie akceptavimą arba apie atsisakymą akceptuoti, arba apie akceptavimą kitomis sąlygomis (nesutarimų protokolą).

2. Šalis, nusiuntusi ofertą ir gavusi akceptą su nesutarimų protokolu, turi arba priimti akcepte nurodytas sąlygas, arba per keturiolika dienų nuo nesutarimų protokolo gavimo kreiptis į teismą dėl ginčo išsprendimo.

3. Jeigu pagal įstatymus ofertą išsiuntusiai šaliai sutartį sudaryti privaloma, tai ji privalo per keturiolika dienų nuo nesutarimų protokolo gavimo pranešti kitai šaliai apie sutikimą su protokole nurodytomis sąlygomis arba apie atsisakymą tas sąlygas priimti. Kai nesutarimų protokolą gavusi šalis nesutinka su jo sąlygomis arba į jį per nustatytą terminą neatsako, nesutarimų protokolą išsiuntusi šalis turi teisę kreiptis į teismą dėl ginčo išsprendimo.

4. Jeigu privalanti sudaryti sutartį šalis vengia tai padaryti, kita šalis turi teisę kreiptis į teismą ir prašyti įpareigoti šalį sutartį sudaryti bei atlyginti dėl vengimo patirtus nuostolius.

5. Šio straipsnio 1, 2 ir 3 dalyse numatyti terminai taikomi, kai įstatymai arba šalių susitarimas nenustato kitokių terminų.

6.185 straipsnis. Sutarčių standartinės sąlygos 1. Standartinėmis laikomos sąlygos, kurias bendram nevienkartiniam naudojimui iš anksto

parengia viena šalis nederindama jų su kita šalimi ir kurios be derybų su kita šalimi taikomos sudaromose sutartyse.

2. Sutarties standartinės sąlygos privalomos kitai šaliai tik tuo atveju, jeigu jai buvo sudaryta tinkama galimybė su tomis sąlygomis susipažinti.

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3. Kai abi sutarties šalys yra įmonės (verslininkai), laikoma, kad šio straipsnio 2 dalyje numatyta supažindinimo pareiga tinkamai įvykdyta, jeigu:

1) sutarties standartines sąlygas parengusi šalis įteikia jas kitai šaliai raštu iki sutarties pasirašymo ar ją pasirašant;

2) iki sutarties pasirašymo praneša kitai šaliai, kad sutartis bus sudaroma pagal sutarties standartines sąlygas, su kuriomis kita šalis gali susipažinti standartines sutarties sąlygas parengusios šalies nurodytoje vietoje;

3) pasiūlo kitai šaliai, jei ši pageidautų, atsiųsti tų sąlygų kopiją.

6.186 straipsnis. Netikėtos (siurprizinės) sutarčių standartinės sąlygos 1. Negalioja netikėtos (siurprizinės) sutarčių standartinės sąlygos, t. y. tokios, kurių kita

šalis negalėjo protingai tikėtis būsiant sutartyje. Netikėtomis (siurprizinėmis) nelaikomos sutarties sąlygos, su kuriomis šalis aiškiai sutiko, kai jos tai šaliai buvo tinkamai atskleistos.

2. Sprendžiant, ar sąlyga yra netikėta (siurprizinė) ar ne, reikia atsižvelgti į jos turinį, formuluotę bei išraiškos būdą.

3. Pagal kitos šalies pasiūlytas standartines sąlygas sudariusi sutartį prisijungimo būdu šalis turi teisę reikalauti ją nutraukti ar pakeisti, jeigu sutarties standartinės sąlygos nors ir neprieštarauja įstatymams, tačiau atima iš jos paprastai tokios rūšies sutarčių suteikiamas teises ar galimybes, panaikina ar apriboja sutarties standartines sąlygas parengusios šalies civilinę atsakomybę arba nustato sutarties šalių lygybės bei jų interesų pusiausvyros principus pažeidžiančias sąlygas, arba prieštarauja protingumo, sąžiningumo ar teisingumo kriterijams.

6.187 straipsnis. Sutarčių standartinių ir nestandartinių sąlygų prieštaravimas Jeigu sutarties standartinės sąlygos prieštarauja nestandartinėms, pirmenybė teikiama

nestandartinėms, t. y. individualiai šalių aptartoms sąlygoms.

6.188 straipsnis. Vartojimo sutarčių sąlygų ypatumai 1. Vartotojas turi teisę teismo tvarka reikalauti pripažinti negaliojančiomis sąžiningumo

kriterijams prieštaraujančias vartojimo sutarties sąlygas. 2. Nesąžiningomis laikomos vartojimo sutarčių sąlygos, kurios šalių nebuvo individualiai

aptartos, jeigu jos iš esmės pažeidžia šalių teisių ir pareigų pusiausvyrą bei vartotojo teises ir interesus, tai yra:

1) panaikina arba apriboja pardavėjo ar paslaugų teikėjo civilinę atsakomybę už žalą, padarytą dėl vartotojo gyvybės atėmimo, sveikatos sužalojimo, ar už žalą, padarytą vartotojo turtui;

2) panaikina arba apriboja vartotojo teises, susijusias su pardavėju, paslaugų teikėju ar kita šalimi tuo atveju, kai pardavėjas ar paslaugų teikėjas visiškai ar iš dalies neįvykdo ar netinkamai įvykdo bet kokius sutartyje numatytus įsipareigojimus;

3) numato, kad vartotojas privalo vykdyti sutarties sąlygas, o pardavėjo ar paslaugų teikėjo pareiga vykdyti šią sutartį priklauso nuo kitų sąlygų, ir jos įvykdomos tik paties pardavėjo ar paslaugų teikėjo valia;

4) suteikia teisę pardavėjui ar paslaugų teikėjui negrąžinti vartotojui iš šio gautų sumų, kai vartotojas nusprendžia nesudaryti sutarties ar jos nevykdyti, ir nenumato vartotojo teisės gauti iš pardavėjo ar paslaugų teikėjo tokio pat dydžio sumas, kai šie vienašališkai nutraukia sutartį;

5) nustato neproporcingai didelę vartotojo civilinę atsakomybę už sutarties neįvykdymą ar netinkamą įvykdymą;

6) suteikia teisę pardavėjui ar paslaugų teikėjui vienašališkai nutraukti sutartį ar bet kada savo nuožiūra jos atsisakyti, o ši teisė vartotojui nesuteikiama arba pardavėjui ar paslaugų teikėjui suteikiama teisė negrąžinti iš vartotojo iki sutarties įvykdymo gautų sumų, kai pardavėjas ar paslaugų teikėjas vienašališkai nutraukia sutartį ar nuo jos atsisako;

7) suteikia pardavėjui ar paslaugų teikėjui teisę be pakankamo pagrindo vienašališkai nutraukti neterminuotą sutartį apie numatomą sutarties nutraukimą iš anksto tinkamai neįspėjus vartotojo;

8) suteikia pardavėjui ar paslaugų teikėjui teisę vienašališkai automatiškai pratęsti terminuotą sutartį arba numato, kad laikas, per kurį vartotojas turi pareikšti savo nuomonę dėl

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sutarties pratęsimo, yra neprotingai trumpas, arba kad apie savo sutikimą ar nesutikimą pratęsti sutartį vartotojas turi pranešti neprotingai anksti;

9) įpareigoja vartotoją vykdyti sutarties sąlygas, su kuriomis jis neturėjo realios galimybės susipažinti iki sutarties sudarymo, be teisės jų atsisakyti;

10) suteikia teisę pardavėjui ar paslaugų teikėjui vienašališkai be sutartyje numatyto ar pakankamo pagrindo keisti sutarties sąlygas;

11) suteikia teisę pardavėjui ar paslaugų teikėjui be pakankamo pagrindo vienašališkai pakeisti bet kokias prekių ar paslaugų savybes;

12) suteikia teisę pardavėjui ar paslaugų teikėjui prekių perdavimo ar paslaugų teikimo metu vienašališkai nustatyti jų kainas arba teisę vienašališkai padidinti kainą be vartotojo teisės atsisakyti sutarties, jeigu galutinė kaina yra didesnė už sutartyje nustatytąją. Ši nuostata netaikoma sutartims dėl vertybinių popierių, kitų finansinių dokumentų, taip pat daiktų perleidimo ir paslaugų teikimo, kai kaina yra susijusi su biržų kursų ar indeksų svyravimais ir jos nekontroliuoja pardavėjas ar paslaugų teikėjas, bei užsienio valiutos, kelionės čekių ar užsienio valiuta išreikštų tarptautinių pašto perlaidų pirkimo–pardavimo sutartims;

13) suteikia teisę pardavėjui ar paslaugų teikėjui vienašališkai spręsti, ar pateikti daiktai arba suteiktos paslaugos atitinka sutarties reikalavimus;

14) pardavėjui ar paslaugų teikėjui suteikia išimtinę teisę aiškinti sutartį; 15) riboja pardavėjo ar paslaugų teikėjo pareigą vykdyti jų atstovų prisiimtus

įsipareigojimus arba nustato, kad ši pareiga priklauso nuo tam tikrų sąlygų; 16) įpareigoja vartotoją įvykdyti visus įsipareigojimus pardavėjui ar paslaugų teikėjui net

ir tuo atveju, kai šie neįvykdo savųjų arba nevisiškai juos įvykdo; 17) suteikia teisę pardavėjui ar paslaugų teikėjui be vartotojo sutikimo perleisti savo teises

ir prievoles, atsirandančias iš sutarties, kai tai gali sumažinti vartotojui teikiamas garantijas; 18) panaikina arba suvaržo vartotojo teisę pareikšti ieškinį ar pasinaudoti kitais pažeistų

teisių gynimo būdais (reikalauja perduoti spręsti ginčus tik arbitražui, apriboja įrodymų panaudojimą, perkelia įrodinėjimo pareigą vartotojui ir pan.).

3. Teismas gali pripažinti nesąžiningomis ir kitokias vartojimo sutarties sąlygas, jeigu jos atitinka šio straipsnio 1 ir 2 dalyje nustatytus kriterijus.

4. Pagal šio straipsnio 2 dalį individualiai neaptartomis laikomos sąlygos, kurių parengimui negalėjo daryti įtakos vartotojas, ypač jeigu tokios sąlygos nustatytos iš anksto pardavėjo ar paslaugų teikėjo parengtoje standartinėje sutartyje. Jeigu iš anksto parengtoje standartinėje sutartyje tam tikros sąlygos buvo aptartos individualiai, šio straipsnio taisyklės taikomos kitoms tokios sutarties sąlygoms. Pareiga įrodyti, kad tam tikra sutarties sąlyga buvo aptarta individualiai, tenka pardavėjui ar paslaugų teikėjui.

5. Ar sutarties sąlyga nesąžininga, turi būti vertinama atsižvelgiant į sutartyje numatytų prekių ar paslaugų prigimtį bei visas sutarties sudarymo metu buvusias ir jos sudarymui turėjusias įtakos aplinkybes ir visas kitas tos sutarties ar kitos sutarties, nuo kurios ji priklauso, sąlygas. Sutarties dalyką apibūdinančios sąlygos, taip pat su parduotos prekės ar suteiktos paslaugos ir jų kainos atitikimu susijusios sąlygos neturi būti vertinamos nesąžiningumo požiūriu (t. y. netaikomos šio straipsnio 1 ir 2 dalių normos), jeigu jos išreikštos aiškiai ir suprantamai.

6. Bet kuri vartojimo sutarties rašytinė sąlyga turi būti išreikšta aiškiai ir suprantamai. Jei kyla abejonių dėl sutarties sąlygų, taikoma šio kodekso 6.193 straipsnio 4 dalyje nustatyta sutarčių aiškinimo taisyklė. Ši taisyklė nėra taikoma kolektyvinio vartotojų interesų gynimo atveju, kai siekiama parengtas standartines sutarčių sąlygas uždrausti tolesniam jų naudojimui.

7. Kai teismas sutarties sąlygą (sąlygas) pripažįsta nesąžininga, ji negalioja nuo sutarties sudarymo, o likusios sutarties sąlygos šalims lieka privalomos, jeigu tolesnis sutarties vykdymas yra galimas panaikinus nesąžiningas sąlygas.

8. Vartotojas, kurio interesai pažeidžiami dėl nesąžiningų sąlygų taikymo, turi teisę dėl šio pažeidimo kreiptis ir į vartotojų teises ginančias institucijas.

9. Vartotojų teises ginančios institucijos turi teisę įstatymų nustatyta tvarka kontroliuoti sutarčių standartines sąlygas ir ginčyti nesąžiningas vartojimo sutarčių sąlygas. Straipsnio pakeitimai: Nr. XI-65, 2008-12-16, Žin., 2008, Nr. 149-5997 (2008-12-30)(papildyta 6 dalimi)

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XIII SKYRIUS SUTARČIŲ GALIA IR FORMA

6.189 straipsnis. Sutarties galia 1. Teisėtai sudaryta ir galiojanti sutartis jos šalims turi įstatymo galią. Sutartis įpareigoja

atlikti ne tik tai, kas tiesiogiai joje numatyta, bet ir visa tai, ką lema sutarties esmė arba įstatymai. 2. Šalys gali nustatyti, kad sutartis taikoma iki jos sudarymo atsiradusiems jų santykiams. 3. Sutartyje ar įstatymuose gali būti numatyta, kad sutarties galiojimo termino pabaiga

reiškia ir šalių prievolių pagal sutartį pabaigą. 4. Sutarties galiojimo termino pabaiga neatleidžia šalių nuo civilinės atsakomybės už

sutarties pažeidimą.

6.190 straipsnis. Sutarties galia tretiesiems asmenims 1. Kai viena sutarties šalis miršta ar likviduojama, šios šalies iš sutarties atsiradusios teisės

ir pareigos pereina jos įpėdiniams (teisių perėmėjams), jeigu tai įmanoma pagal sutarties prigimtį, įstatymus ar sutartį.

2. Jeigu viena šalis, sudarydama sutartį, pažadėjo, kad prievolę įvykdys ar kitokį veiksmą atliks trečiasis asmuo, tai, šiam to nepadarius, pažadėjusi šalis pati privalo įvykdyti prievolę ar atlikti kitokį veiksmą ir atlyginti kitos šalies patirtus nuostolius.

6.191 straipsnis. Sutartis trečiojo asmens naudai 1. Jeigu sudaręs sutartį asmuo išlygo, kad iš sutarties atsiradusi prievolė turi būti įvykdyta

trečiajam asmeniui, tai prievolę įvykdyti turi teisę reikalauti tiek sudaręs sutartį asmuo, tiek ir trečiasis asmuo, kurio naudai išlygtas prievolės įvykdymas, jeigu ko kita nenumato įstatymai ar sutartis arba nelemia prievolės esmė.

2. Jeigu trečiasis asmuo atsisakė jam sutarties suteiktos teisės, tai šia teise pasinaudoti gali sudaręs sutartį asmuo, išskyrus atvejus, kada tai prieštarauja įstatymams, sutarčiai ar prievolės esmei.

3. Trečiojo asmens naudai padariusi išlygą sutarties šalis gali atšaukti trečiojo asmens teisę iki to momento, kol šis asmuo pareiškia šią teisę priimąs.

4. Jeigu prievolė turi būti įvykdyta trečiajam asmeniui tik po padariusios išlygą sutarties šalies mirties, tai ši šalis trečiojo asmens teisę gali panaikinti testamentu.

5. Privalanti įvykdyti prievolę sutarties šalis gali pareikšti trečiajam asmeniui tokius pat atsikirtimus, kokius ji galėtų reikšti išlygą padariusiai šaliai.

6.192 straipsnis. Sutarties forma 1. Sutarties formai yra taikomos šio kodekso 1.71–1.77 straipsnių taisyklės,

reglamentuojančios sandorių formą. 2. Kai pagal įstatymus ar šalių susitarimą sutartis turi būti paprastos rašytinės formos, ji

gali būti sudaroma tiek surašant vieną šalių pasirašomą dokumentą, tiek ir apsikeičiant raštais, telegramomis, telefonogramomis, telefakso pranešimais ar kitokiais telekomunikacijų galiniais įrenginiais perduodama informacija, jeigu yra užtikrinta teksto apsauga ir galima identifikuoti jį siuntusios šalies parašą.

3. Sutartis gali būti sudaroma priimant vykdyti užsakymą. 4. Sutarties pakeitimas arba papildymas turi būti tokios pat formos, kokios turėjo būti

sudaryta sutartis, išskyrus įstatymų ar sutarties nustatytus atvejus. 5. Jeigu šalys susitarė dėl sudaromos sutarties formos, sutartis laikoma sudaryta tik tuo

atveju, kai yra sutartos formos, nors pagal įstatymus tai sutarčių rūšiai tokia forma neprivaloma.

XIV SKYRIUS SUTARČIŲ AIŠKINIMAS

6.193 straipsnis. Sutarčių aiškinimo taisyklės 1. Sutartys turi būti aiškinamos sąžiningai. Aiškinant sutartį, pirmiausia turi būti

nagrinėjami tikrieji sutarties šalių ketinimai, o ne vien remiamasi pažodiniu sutarties teksto aiškinimu. Jeigu šalių tikrų ketinimų negalima nustatyti, tai sutartis turi būti aiškinama

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atsižvelgiant į tai, kokią prasmę jai tokiomis pat aplinkybėmis būtų suteikę analogiški šalims protingi asmenys.

2. Visos sutarties sąlygos turi būti aiškinamos atsižvelgiant į jų tarpusavio ryšį, sutarties esmę ir tikslą bei jos sudarymo aplinkybes. Aiškinant sutartį, reikia atsižvelgti ir į įprastines sąlygas, nors jos sutartyje nenurodytos.

3. Jeigu abejojama dėl sąvokų, kurios gali turėti kelias reikšmes, šioms sąvokoms priskiriama priimtiniausia, atsižvelgiant į tos sutarties prigimtį, esmę bei jos dalyką, reikšmė.

4. Kai abejojama dėl sutarties sąlygų, jos aiškinamos tas sąlygas pasiūliusios šalies nenaudai ir jas priėmusios šalies naudai. Visais atvejais sutarties sąlygos turi būti aiškinamos vartotojų naudai ir sutartį prisijungimo būdu sudariusios šalies naudai.

5. Aiškinant sutartį, taip pat turi būti atsižvelgiama į šalių derybas dėl sutarties sudarymo, šalių tarpusavio santykių praktiką, šalių elgesį po sutarties sudarymo ir papročius.

6.194 straipsnis. Kalbų neatitikimai Jeigu sutartis sudaryta dviem ar daugiau kalbų ir kiekvienas sutarties tekstas turi tokią pat

teisinę galią, bet skirtingomis kalbomis surašyti sutarties tekstai neatitinka vienas kito, tai pirmenybė suteikiama pirmiausia surašytam tekstui.

6.195 straipsnis. Sutarties spragų užpildymas Jeigu šalys neaptarė tam tikrų sutarties sąlygų, reikalingų sutarčiai vykdyti, tai šias

sutarties spragas vienos iš šalių reikalavimu gali pašalinti teismas, nustatydamas atitinkamas sąlygas, atsižvelgdamas į dispozityviąsias teisės normas, šalių ketinimus, sutarties tikslą ir esmę, sąžiningumo, protingumo ir teisingumo kriterijus.

XV SKYRIUS SUTARČIŲ TURINYS

6.196 straipsnis. Sutarties sąlygų rūšys 1. Sutarties sąlygos gali būti aiškiai nurodytos arba numanomos. 2. Numanomos sutarties sąlygos nustatomos atsižvelgiant į sutarties esmę ir tikslą, šalių

santykių pobūdį, sąžiningumo, protingumo ir teisingumo kriterijus.

6.197 straipsnis. Sutarties dalyko kokybė Jeigu sutarties dalyko kokybė nei sutartyje, nei įstatymuose nenustatyta, tai ji turi atitikti

protingą ir ne žemesnę už vidutinę kokybę, atsižvelgiant į konkrečias aplinkybes.

6.198 straipsnis. Sutarties kaina 1. Kai kaina ar jos nustatymo tvarka sutartyje neaptarta ir šalys nėra susitarusios kitaip,

laikoma, kad šalys turėjo omenyje kainą, kurią sutarties sudarymo metu toje verslo srityje buvo įprasta imti už tokį pat įvykdymą atitinkamomis aplinkybėmis, o jeigu ši kaina neegzistuoja, – atitinkančią protingumo kriterijus kainą.

2. Jeigu sutarties kainą turi nustatyti viena šalis ir tokiu būdu nustatyta kaina aiškiai neatitinka protingumo kriterijų, tai nepaisant šalių susitarimų sutarties kaina turi būti pakeista protingumo kriterijus atitinkančia kaina.

3. Kai kainą turi nustatyti trečiasis asmuo, bet jis to nedaro ar negali padaryti, laikoma, kad protingumo kriterijus atitinkanti kaina yra sutarties kaina.

4. Jeigu kaina turi būti nustatyta remiantis kriterijais, kurių nėra ar kurie išnyko arba negali būti nustatyti, tai kaina nustatoma remiantis artimiausios reikšmės kriterijais.

6.199 straipsnis. Sutartis neapibrėžtam terminui Neapibrėžtam terminui sudarytą sutartį bet kuri šalis gali nutraukti apie tai per protingą

terminą iš anksto įspėjusi kitą šalį, jeigu įstatymai ar sutartis nenumato ko kita.

XVI SKYRIUS SUTARČIŲ VYKDYMAS

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6.200 straipsnis. Sutarties vykdymo principai 1. Šalys privalo vykdyti sutartį tinkamai ir sąžiningai. 2. Vykdydamos sutartį, šalys privalo bendradarbiauti ir kooperuotis. 3. Sutartis turi būti vykdoma kuo ekonomiškesniu kitai šaliai būdu. 4. Jeigu pagal sutartį ar jos prigimtį šalis, atlikdama tam tikrus veiksmus, turi dėti

maksimalias pastangas sutarčiai įvykdyti, tai ši šalis privalo imtis tokių pastangų, kokių būtų ėmęsis tokiomis pat aplinkybėmis protingas asmuo.

6.201 straipsnis. Sutarties įvykdymo tvarka Šalys sutartį privalo įvykdyti tuo pačiu metu, jeigu ko kita nenumato įstatymai ar sutartis

arba nelemia jos prigimtis ar aplinkybės.

6.202 straipsnis. Valstybės institucijos leidimas 1. Jeigu tam tikri įstatymai nustato, kad būtinas atitinkamos valstybės institucijos leidimas,

turintis reikšmės sutarties galiojimui ar jos vykdymui, ir įstatymuose ar sutartyje nenumatyta ko kita, tai tokį leidimą privalo gauti valstybėje, kurios įstatymai nustato tokį reikalavimą, esanti sutarties šalis.

2. Jeigu abi sutarties šalys yra Lietuvoje ir šio straipsnio 1 dalyje nurodytą reikalavimą nustato Lietuvos Respublikos įstatymai, tai leidimą privalo gauti šalis, kuriai ši pareiga yra nustatyta įstatymuose, išskyrus atvejus, kai įstatymai jos nenumato. Tokiu atveju šalys privalo susitarti, kuri iš jų turi gauti leidimą.

3. Reikalingą leidimą ar leidimus sutarties šalis privalo gauti laiku. Jai tenka visos su privalomų leidimų gavimu susijusios išlaidos, jeigu sutartyje nenumatyta ko kita. Sutarties šalis taip pat privalo nedelsdama pranešti kitai šaliai apie tai, kad leidimas yra gautas arba kad atsisakyta jį išduoti.

6.203 straipsnis. Leidimo neišdavimas 1. Jeigu per nustatytą terminą, o kai toks terminas nenustatytas, – per protingą terminą

privalomas leidimas nepaisant šalies būtinų pastangų negaunamas, bet ir nėra atsisakyta jį išduoti, tai abi sutarties šalys turi teisę nutraukti sutartį.

2. Jeigu privalomas leidimas susijęs tik su kai kuriomis sutarties sąlygomis, tai šio straipsnio 1 dalis netaikoma, kai protinga palikti galioti sutarties sąlygas.

3. Atsisakymas išduoti sutarties galiojimui įtakos turintį leidimą daro sutartį negaliojančią. Kai atsisakymas išduoti leidimą daro negaliojančias tik kai kurias sutarties sąlygas, likusios sąlygos galioja, jeigu sutartis būtų sudaryta ir be negaliojančių sąlygų.

6.204 straipsnis. Sutartinių įsipareigojimų vykdymas pasikeitus aplinkybėms 1. Jeigu įvykdyti sutartį vienai šaliai tampa sudėtingiau negu kitai šaliai, ši šalis privalo

vykdyti sutartį atsižvelgiant į kitose šio straipsnio dalyse nustatytą tvarką. 2. Sutarties vykdymo suvaržymu laikomos aplinkybės, kurios iš esmės pakeičia sutartinių

prievolių pusiausvyrą, t. y. arba iš esmės padidėja įvykdymo kaina, arba iš esmės sumažėja gaunamas įvykdymas, jeigu:

1) tos aplinkybės atsiranda arba nukentėjusiai šaliai tampa žinomos po sutarties sudarymo; 2) tų aplinkybių nukentėjusi šalis sutarties sudarymo metu negalėjo protingai numatyti; 3) tų aplinkybių nukentėjusi šalis negali kontroliuoti; 4) nukentėjusi šalis nebuvo prisiėmusi tų aplinkybių atsiradimo rizikos. 3. Kai sutarties įvykdymas sudėtingesnis, nukentėjusi sutarties šalis turi teisę kreiptis į kitą

šalį prašydama sutartį pakeisti. Šis prašymas turi būti pagrįstas ir pareikštas tuoj pat po sutarties įvykdymo suvaržymo. Kreipimasis dėl sutarties pakeitimo savaime nesuteikia nukentėjusiai šaliai teisės sustabdyti sutarties vykdymą. Jeigu per protingą terminą šalys nesutaria dėl sutarties pakeitimo, tai abi turi teisę kreiptis į teismą. Teismas gali:

1) nutraukti sutartį ir nustatyti sutarties nutraukimo datą bei sąlygas; 2) pakeisti sutarties sąlygas, kad būtų atkurta šalių sutartinių prievolių pusiausvyra.

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6.205 straipsnis. Sutarties neįvykdymas ar netinkamas įvykdymas Sutarties neįvykdymu laikomos bet kokios iš sutarties atsiradusios prievolės neįvykdymas,

įskaitant netinkamą įvykdymą ir įvykdymo termino praleidimą.

6.206 straipsnis. Kitos šalies veiksmai Viena šalis negali remtis kitos šalies neįvykdymu tiek, kiek sutartis buvo neįvykdyta dėl

jos pačios veiksmų ar neveikimo arba kitokio įvykio, kurio rizika jai pačiai ir tenka.

6.207 straipsnis. Sutarties vykdymo sustabdymas 1. Jeigu šalys turi įvykdyti sutartį tuo pačiu metu, tai bet kuri iš jų turi teisę sustabdyti

sutarties vykdymą tol, kol kita šalis nepradės jos vykdyti. 2. Kai šalys savo prievoles turi įvykdyti viena paskui kitą, tai turinti sutartį įvykdyti vėliau

šalis gali sustabdyti vykdymą tol, kol kita šalis neįvykdo savo prievolių. 3. Šalys šio straipsnio 1 ir 2 dalyse nurodyta teise privalo naudotis protingai ir sąžiningai.

6.208 straipsnis. Įvykdymo trūkumų pašalinimas 1. Sutartį pažeidusi šalis turi teisę savo sąskaita pašalinti įvykdymo trūkumus, jeigu: 1) ji be nepateisinamo uždelsimo praneša kitai šaliai apie įvykdymo trūkumų pašalinimo

būdą ir laiką; 2) nukentėjusi šalis neturi teisėto intereso atsisakyti, kad įvykdymo trūkumai būtų

pašalinti; 3) įvykdymo trūkumai pašalinami nedelsiant; 4) įvykdymo trūkumų pašalinimą pateisina konkrečios aplinkybės. 2. Kitos šalies pareiškimas apie sutarties nutraukimą nepanaikina teisės pašalinti

įvykdymo trūkumus. 3. Tinkamą pranešimą apie pasiūlymą pašalinti įvykdymo trūkumus gavusi šalis negali

įgyvendinti savo teisių, kurios nesuderinamos su sutarties vykdymu, tol, kol nepasibaigęs įvykdymo trūkumams pašalinti nustatytas terminas.

4. Šalis gali sustabdyti savo prievolių įvykdymą tol, kol kita šalis pašalina įvykdymo trūkumus, bei reikalauti atlyginti nuostolius.

5. Šalis privalo bendradarbiauti su įvykdymo trūkumus šalinančia šalimi visą trūkumų šalinimo laikotarpį.

6.209 straipsnis. Papildomas terminas sutarčiai įvykdyti 1. Jeigu sutartis neįvykdyta, nukentėjusi šalis gali raštu nustatyti protingą papildomą

terminą sutarčiai įvykdyti ir pranešti apie tai kitai šaliai. 2. Nustačiusi papildomą terminą sutarčiai įvykdyti, nukentėjusi šalis gali šiam terminui

sustabdyti savo prievolių vykdymą ir pareikalauti atlyginti nuostolius, tačiau ji negali taikyti kitų gynimosi būdų. Jeigu nukentėjusi šalis gauna kitos šalies pranešimą apie tai, jog pastaroji sutarties neįvykdys ir per papildomą terminą, arba pasibaigus šiam terminui sutartis neįvykdoma, tai nukentėjusi šalis gali taikyti kitus savo teisių gynimo būdus.

3. Jeigu termino praleidimas nėra esminis sutarties pažeidimas ir nukentėjusi šalis nustatė protingą papildomą terminą, tai pasibaigus šiam terminui ji gali sutartį nutraukti. Jeigu papildomas terminas nustatytas neprotingai trumpas, tai jis turi būti atitinkamai pailgintas. Nukentėjusi šalis savo pranešime dėl papildomo termino gali nurodyti, kad sutartis bus vienašališkai nutraukta, jeigu kita šalis jos neįvykdys per nustatytą papildomą terminą.

4. Šio straipsnio 3 dalis netaikoma, jeigu neįvykdyta prievolė sudaro nedidelę sutarties neįvykdžiusios šalies sutartinių prievolių dalį.

6.210 straipsnis. Palūkanos 1. Terminą įvykdyti piniginę prievolę praleidęs skolininkas privalo mokėti penkių

procentų dydžio metines palūkanas už sumą, kurią sumokėti praleistas terminas, jeigu įstatymai ar sutartis nenustato kitokio palūkanų dydžio.

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2. Kai abi sutarties šalys yra verslininkai ar privatūs juridiniai asmenys, tai už termino praleidimą mokamos šešių procentų dydžio metinės palūkanos, jeigu įstatymai ar sutartis nenustato kitokio palūkanų dydžio.

6.211 straipsnis. Atsakomybę naikinančios sąlygos Sutarties sąlygos, kurios panaikina ar apriboja šalies atsakomybę už sutarties neįvykdymą

arba leidžia ją įvykdyti tokiu būdu, kuris iš esmės skiriasi nuo to, kurio protingai tikėjosi kita šalis, negalioja, jeigu tokios sąlygos atsižvelgiant į sutarties prigimtį bei kitas aplinkybes yra nesąžiningos.

6.212 straipsnis. Nenugalima jėga (force majeure) 1. Šalis atleidžiama nuo atsakomybės už sutarties neįvykdymą, jeigu ji įrodo, kad sutartis

neįvykdyta dėl aplinkybių, kurių ji negalėjo kontroliuoti bei protingai numatyti sutarties sudarymo metu, ir kad negalėjo užkirsti kelio šių aplinkybių ar jų pasekmių atsiradimui. Nenugalima jėga (force majeure) nelaikoma tai, kad rinkoje nėra reikalingų prievolei vykdyti prekių, sutarties šalis neturi reikiamų finansinių išteklių arba skolininko kontrahentai pažeidžia savo prievoles.

2. Jeigu aplinkybė, dėl kurios neįmanoma sutarties įvykdyti, laikina, tai šalis atleidžiama nuo atsakomybės tik tokiam laikotarpiui, kuris yra protingas atsižvelgiant į tos aplinkybės įtaką sutarties įvykdymui.

3. Sutarties neįvykdžiusi šalis privalo pranešti kitai šaliai apie šio straipsnio 1 dalyje nurodytos aplinkybės atsiradimą bei jos įtaką sutarties įvykdymui. Jeigu šio pranešimo kita šalis negauna per protingą laiką po to, kai sutarties neįvykdžiusi šalis sužinojo ar turėjo sužinoti apie tą aplinkybę, tai pastaroji šalis privalo atlyginti dėl pranešimo negavimo atsiradusius nuostolius.

4. Šio straipsnio nuostatos neatima iš kitos šalies teisės nutraukti sutartį arba sustabdyti jos įvykdymą, arba reikalauti sumokėti palūkanas.

6.213 straipsnis. Reikalavimas įvykdyti sutartį 1. Jeigu šalis nevykdo savo piniginės prievolės, kita šalis turi teisę reikalauti, kad prievolė

būtų įvykdyta natūra. 2. Jeigu šalis neįvykdo nepiniginės prievolės, kita šalis gali reikalauti įvykdyti prievolę

natūra, išskyrus atvejus, kai: 1) sutartinę prievolę įvykdyti natūra neįmanoma teisiškai arba faktiškai; 2) sutartinės prievolės įvykdymas natūra labai komplikuotų skolininko padėtį arba brangiai

kainuotų; 3) turinti teisę gauti įvykdymą sutarties šalis gali protingai gauti įvykdymą iš kito šaltinio; 4) turinti teisę gauti įvykdymą sutarties šalis nereikalauja įvykdyti prievolės per protingą

terminą po to, kai ji sužinojo ar turėjo sužinoti apie sutarties nevykdymą; 5) neįvykdyta prievolė yra išimtinai asmeninio pobūdžio.

6.214 straipsnis. Netinkamo įvykdymo ištaisymas arba pakeitimas Teisė gauti įvykdymą aprėpia teisę reikalauti ištaisyti ar pakeisti įvykdymą arba kitokiu

būdu pašalinti įvykdymo trūkumus atsižvelgiant į šio kodekso 6.208 straipsnio taisykles.

6.215 straipsnis. Bauda už įpareigojimo įvykdyti sutartinę prievolę natūra nevykdymą

1. Jeigu skolininkas nevykdo teismo sprendimo, įpareigojančio įvykdyti sutartinę prievolę natūra, teismas skiria skolininkui baudą.

2. Baudos dydį teismas nustato atsižvelgdamas į konkrečias bylos aplinkybes. Bauda gali būti nurodyta konkrečia pinigų suma arba nustatyta procentais už kiekvieną praleistą dieną.

3. Bauda išieškoma kreditoriaus naudai. Baudos išieškojimas neatleidžia skolininko nuo pareigos atlyginti nuostolius.

6.216 straipsnis. Gynimo būdų pakeitimas Jeigu skolininkas neįvykdo nepiniginės sutartinės prievolės natūra per nustatytą terminą

arba kreditorius neturi teisės reikalauti įvykdyti prievolę natūra, tai kreditorius gali reikalauti taikyti kitus teisių gynimo būdus.

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XVIII SKYRIUS SUTARČIŲ PABAIGA

6.217 straipsnis. Sutarties nutraukimas 1. Šalis gali nutraukti sutartį, jeigu kita šalis sutarties neįvykdo ar netinkamai įvykdo ir tai

yra esminis sutarties pažeidimas. 2. Nustatant, ar sutarties pažeidimas yra esminis, ar ne, turi būti atsižvelgiama į tai: 1) ar nukentėjusi šalis iš esmės negauna to, ko tikėjosi iš sutarties, išskyrus atvejus, kai

kita šalis nenumatė ir negalėjo protingai numatyti tokio rezultato; 2) ar pagal sutarties esmę griežtas prievolės sąlygų laikymasis turi esminės reikšmės; 3) ar prievolė neįvykdyta tyčia ar dėl didelio neatsargumo; 4) ar neįvykdymas duoda pagrindą nukentėjusiai šaliai nesitikėti, kad sutartis bus įvykdyta

ateityje; 5) ar sutarties neįvykdžiusi šalis, kuri rengėsi įvykdyti ar vykdė sutartį, patirtų labai

didelių nuostolių, jeigu sutartis būtų nutraukta. 3. Kai sutarties įvykdymo terminas praleistas, nukentėjusi šalis gali nutraukti sutartį, jeigu

kita šalis neįvykdo sutarties per papildomai nustatytą terminą. 4. Kitais šiame straipsnyje nenumatytais pagrindais sutartį galima nutraukti tik teismo

tvarka pagal suinteresuotos šalies ieškinį. 5. Vienašališkai sutartis gali būti nutraukta joje numatytais atvejais.

6.218 straipsnis. Pranešimas apie sutarties nutraukimą 1. Šio kodekso 6.217 straipsnyje numatytais pagrindais nukentėjusi šalis gali sutartį

nutraukti vienašališkai, nesikreipdama į teismą. Apie sutarties nutraukimą privaloma iš anksto pranešti kitai šaliai per sutartyje nustatytą terminą, o jeigu sutartyje toks terminas nenurodytas, – prieš trisdešimt dienų.

2. Kai sutartį iš esmės pažeidusi šalis iki sutarties nutraukimo buvo pasiūliusi ją įvykdyti, tačiau šis pasiūlymas buvo pareikštas pavėluotai arba dėl kitų priežasčių neatitinka sutarties reikalavimų, nukentėjusi šalis praranda teisę vienašališkai nutraukti sutartį, jeigu ji per protingą terminą nepraneša kitai šaliai apie sutarties nutraukimą po to, kai ji sužinojo ar turėjo sužinoti apie pasiūlymą įvykdyti sutartį, arba toks pasiūlymas neatitinka tinkamo sutarties įvykdymo.

6.219 straipsnis. Iš anksto numatomas sutarties neįvykdymas Šalis gali nutraukti sutartį, jeigu iki sutarties įvykdymo termino pabaigos iš konkrečių

aplinkybių ji gali numanyti, kad kita šalis pažeis sutartį iš esmės.

6.220 straipsnis. Patvirtinimas apie tinkamą įvykdymą 1. Šalis, kuri atsižvelgdama į aplinkybes tikisi, kad kita šalis gali iš esmės pažeisti sutartį,

turi teisę iš pastarosios šalies pareikalauti patvirtinti, kad ši sutartį įvykdys tinkamai. Šalis gali sustabdyti savo sutartinių prievolių vykdymą tol, kol kita sutarties šalis patvirtina, kad ji sutartį tikrai įvykdys tinkamai.

2. Jeigu šio straipsnio 1 dalyje nurodyto patvirtinimo šalis negauna per protingą terminą, ji gali sutartį nutraukti.

6.221 straipsnis. Sutarties nutraukimo teisinės pasekmės 1. Sutarties nutraukimas atleidžia abi šalis nuo sutarties vykdymo. 2. Sutarties nutraukimas nepanaikina teisės reikalauti atlyginti nuostolius, atsiradusius dėl

sutarties neįvykdymo, bei netesybas. 3. Sutarties nutraukimas neturi įtakos ginčų nagrinėjimo tvarką nustatančių sutarties

sąlygų ir kitų sutarties sąlygų galiojimui, jeigu šios sąlygos pagal savo esmę lieka galioti ir po sutarties nutraukimo.

6.222 straipsnis. Restitucija 1. Kai sutartis nutraukta, šalis gali reikalauti grąžinti jai viską, ką ji yra perdavusi kitai

šaliai vykdydama sutartį, jeigu ji tuo pat metu grąžina kitai šaliai visa tai, ką buvo iš pastarosios

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gavusi. Kai grąžinimas natūra neįmanomas ar šalims nepriimtinas dėl sutarties dalyko pasikeitimo, atlyginama pagal to, kas buvo gauta, vertę pinigais, jeigu toks atlyginimas neprieštarauja protingumo, sąžiningumo ir teisingumo kriterijams.

2. Jeigu sutarties vykdymas yra tęstinis ir dalus, tai galima reikalauti grąžinti tik tai, kas buvo gauta po sutarties nutraukimo.

3. Restitucija neturi įtakos sąžiningų trečiųjų asmenų teisėms ir pareigoms, išskyrus šio kodekso nustatytas išimtis.

6.223 straipsnis. Sutarties pakeitimas 1. Sutartis gali būti pakeista šalių susitarimu. 2. Vienos iš šalių reikalavimu sutartis gali būti pakeista teismo sprendimu, jeigu: 1) kita sutarties šalis iš esmės pažeidė sutartį; 2) kitais sutarties ar įstatymų nustatytais atvejais. 3. Ieškinį dėl sutarties pakeitimo galima pareikšti tik po to, kai kita šalis atsisako pakeisti

sutartį ar per trisdešimt dienų iš jos negautas atsakymas į pasiūlymą pakeisti sutartį, jeigu sutartis ar įstatymai nenustato kitokios sutarties pakeitimo tvarkos.

4. Šalis visiškai ar iš dalies atsisakyti vykdyti sutartį gali tik įstatymų ar sutarties numatytais atvejais.

6.224 straipsnis. Sutarties negaliojimas Sutartis gali būti pripažinta negaliojančia šio kodekso pirmosios knygos numatytais

sandorių negaliojimo pagrindais, taip pat kitais įstatymų nustatytais pagrindais.

6.225 straipsnis. Absoliutus ir santykinis sutarties negaliojimas 1. Sutartis yra absoliučiai negaliojanti (niekinė sutartis), jeigu ją sudarant buvo pažeisti

pagrindiniai sutarčių teisės principai ir dėl to pažeisti ne tik sutarties šalies, bet ir viešieji interesai. 2. Absoliučiai negaliojančios (niekinės) sutarties šalys negali vėliau patvirtinti. 3. Sutartis yra santykinai negaliojanti (nuginčijama sutartis), jeigu ją sudarant viena šalis

veikė sąžiningai ir pripažinti sutartį negaliojančia būtina tik dėl to, kad būtų apginti sąžiningos šalies privatūs interesai.

4. Santykinai negaliojančią (nuginčijamą) sutartį šalys (šalis) gali patvirtinti, jeigu toks patvirtinimas yra aiškiai pareiškiamas.

6.226 straipsnis. Dalinis sutarties negaliojimas 1. Vienos iš sutarties sąlygų negaliojimas nedaro negaliojančios visos sutarties, išskyrus

atvejus, kuriais šalys be tos sąlygos nebūtų sudariusios sutarties. 2. Daugiašalės sutarties atveju, kai du ar daugiau asmenų turi įvykdyti prievolę, sutarties

negaliojimas vienam iš šių asmenų nedaro negaliojančios visos sutarties, išskyrus atvejus, kai to asmens dalyvavimas buvo būtinas tai sutarčiai sudaryti.

6.227 straipsnis. Teisė pareikšti ieškinį dėl sutarties negaliojimo 1. Teisę pareikšti ieškinį dėl absoliutaus sutarties negaliojimo turi visi asmenys, kurių

teises ar teisėtus interesus tokia sutartis pažeidė. 2. Absoliutaus sutarties negaliojimo faktą ir jo teisines pasekmes gali konstatuoti teismas

ex officio (savo iniciatyva). 3. Teisę pareikšti ieškinį dėl santykinio sutarties negaliojimo turi sąžininga sutarties šalis,

kuri nukentėjo dėl sutarties sudarymo, arba trečiasis asmuo, kurio naudai sutartis buvo sudaryta, ar asmuo, kurio teises arba teisėtus interesus ta sutartis pažeidė.

6.228 straipsnis. Esminė šalių nelygybė 1. Šalis gali atsisakyti sutarties ar atskiros jos sąlygos, jeigu sutarties sudarymo metu

sutartis ar atskira jos sąlyga nepagrįstai suteikė kitai šaliai perdėtą pranašumą. Be kitų aplinkybių, šiais atvejais turi būti atsižvelgiama ir į tai, jog viena šalis nesąžiningai pasinaudojo tuo, kad kita šalis nuo jos priklauso, turi ekonominių sunkumų, neatidėliotinų poreikių, yra ekonomiškai silpna, neinformuota, nepatyrusi, veikia neapdairiai, neturi derybų patirties, taip pat atsižvelgiant į sutarties prigimtį ir tikslą.

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2. Teisę atsisakyti sutarties ar atskiros jos sąlygos šio straipsnio 1 dalyje numatytais pagrindais turinčios šalies prašymu teismas turi teisę išnagrinėti sutartį ar atskirą jos sąlygą ir jas atitinkamai pakeisti, kad sutartis ar atskira jos sąlyga atitiktų sąžiningumo ir protingus sąžiningos verslo praktikos reikalavimus.

3. Teismas gali pakeisti sutartį ar atskiras jos sąlygas ir šalies, gavusios pranešimą apie sutarties atsisakymą, prašymu, jeigu ši šalis po pranešimo gavimo nedelsdama apie savo prašymą teismui pranešė kitai šaliai ir pastaroji sutarties dar neatsisakė.

III DALIS KITAIS PAGRINDAIS ATSIRANDANČIOS PRIEVOLĖS

XIX SKYRIUS KITO ASMENS REIKALŲ TVARKYMAS

6.229 straipsnis. Asmens, tvarkančio kito asmens reikalus, pareigos 1. Asmuo, savanoriškai ir be jokio pavedimo, nurodymo ar išankstinio sutikimo tvarkantis

kito asmens reikalus, kuriuos tvarkyti nėra jo pareiga, privalo juos tvarkyti taip, kad tai atitiktų asmens, kurio reikalai tvarkomi, interesus. Šios veiklos pagrindu atsiradusios prievolės privalomos asmeniui, tvarkančiam kito asmens reikalus. Asmens, tvarkančio kito asmens reikalus, veiklai mutatis mutandis taikomos šio kodekso ketvirtosios knygos normos, reglamentuojančios paprastą kito asmens turto administravimą.

2. Asmuo, pradėjęs tvarkyti kito asmens reikalus, privalo juos tvarkyti tol, kol tas kitas asmuo pats galės rūpintis savo reikalais arba kol bus paskirtas to asmens globėjas, rūpintojas ar turto administratorius, o jeigu tas asmuo miršta, – kol jo įpėdiniai perims reikalų tvarkymą.

3. Apie viską, ką yra atlikęs, asmuo, tvarkantis kito asmens reikalus, privalo pastarajam kaip įmanoma greičiau pranešti, kai tai tampa galima, ir pateikti raštu išsamią gautų pajamų, išlaidų bei nuostolių ataskaitą.

4. Asmuo, tvarkantis kito asmens reikalus, turi veikti tiek rūpestingai ir apdairiai, kiek yra būtina atsižvelgiant į konkrečias aplinkybes, kuriomis jis veikia.

5. Šio straipsnio normos netaikomos valstybės ir savivaldybės institucijų, veikiančių kitų asmenų interesais, veiksmams, jeigu šiuos veiksmus atlikti yra tų institucijų pareiga.

6.230 straipsnis. Reikalų tvarkymas prieš kito asmens valią 1. Jeigu asmuo tvarko kito asmens reikalus prieš pastarojo valią tą žinodamas, tai jis

privalo atlyginti savo veiksmais padarytus nuostolius asmeniui, prieš kurio valią veikė. 2. Asmens sutikimas ar nesutikimas, kad jo reikalus tvarkytų kitas asmuo, neturi reikšmės,

jeigu be tokio sutikimo visuomenės interesus atitinkanti prievolė ar prievolė išlaikyti kitą asmenį nebūtų laiku įvykdyta arba yra siekiama pašalinti asmens gyvybei gresiantį pavojų.

3. Veiksmai, kuriuos asmuo atliko sužinojęs, kad asmuo, kurio interesais veikiama, šiems veiksmams nepritaria, nesukuria pastarajam asmeniui jokių prievolių nei tuos veiksmus atlikusiam asmeniui, nei tretiesiems asmenims.

6.231 straipsnis. Reikalų tvarkymas pavojaus atveju Jeigu asmuo pradėjo tvarkyti kito asmens reikalus dėl to, kad pastarojo asmeniui ar turtui

grėsė realus pavojus, tai toks asmuo už padarytus nuostolius atsako tik esant tyčiai ar dideliam neatsargumui.

6.232 straipsnis. Veiksmų patvirtinimas Jeigu asmuo, kurio reikalus be pavedimo tvarkė kitas asmuo, vėliau pastarojo veiksmus

patvirtina, tai šių asmenų tarpusavio santykiams taikomos normos, reglamentuojančios pavedimo sutartis arba kitas pagal esmę artimiausias atliktų veiksmų prigimčiai sutartis.

6.233 straipsnis. Išlaidų atlyginimas 1. Jeigu asmuo kito asmens reikalus tvarkė teisingai ir tai atitiko pastarojo interesus, tai

visos atsiradusios prievolės tampa privalomos asmeniui, kurio reikalai buvo tvarkomi. Be to,

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asmeniui, tvarkiusiam kito asmens reikalus, pastarasis turi atlyginti visas turėtas naudingas ir būtinas išlaidas bei dėl reikalų tvarkymo patirtus nuostolius nepaisant to, ar toks reikalų tvarkymas davė laukiamų rezultatų.

2. Šio kodekso 6.230 straipsnio 1 dalyje numatytais atvejais turėtos išlaidos neatlyginamos.

3. Šio kodekso 6.231 straipsnyje numatytais atvejais visada galima reikalauti išlaidų atlyginimo.

4. Jeigu kito asmens reikalų tvarkymas pastarajam davė teigiamų rezultatų, tai reikalus tvarkęs asmuo turi teisę į atlyginimą. Jeigu šalys nesusitaria, atlyginimo dydį nustato teismas, atsižvelgdamas į konkrečias bylos aplinkybes ir vadovaudamasis teisingumo, protingumo bei sąžiningumo kriterijais.

5. Išlaidos ar nuostoliai, turėti asmens po to, kai jis tvarkė kito asmens reikalus gavęs pastarojo sutikimą, atlyginami pagal atitinkamos sutarčių rūšies taisykles.

6.234 straipsnis. Gauto turto grąžinimas 1. Asmuo, tvarkęs kito asmens reikalus, privalo pastarajam grąžinti dėl to gautą turtą,

įskaitant vaisius ir pajamas. 2. Jeigu reikalų tvarkymas yra patvirtinamas, asmuo įgyja teisę reikalauti atlyginti išlaidas

pagal šio kodekso 6.233 straipsnį.

6.235 straipsnis. Kito asmens vardu ir interesais sudaryto sandorio teisinės pasekmės 1. Iš kito asmens vardu ir interesais sudaryto sandorio atsirandančios pareigos pereina

asmeniui, kurio vardu ir interesais sandoris buvo sudarytas, jeigu šis asmuo tą sandorį patvirtina, o kita sandorio šalis tokiam pareigų perėjimui neprieštarauja arba sudarydama sandorį žinojo ar turėjo žinoti, kad sandoris sudaromas kito asmens vardu ir interesais.

2. Kai pareigos pagal sandorį pereina asmeniui, kurio interesais sandoris buvo sudarytas, šiam asmeniui turi būti perduotos ir iš šio sandorio atsirandančios teisės.

3. Jeigu sandorį kito asmens interesais reikalus tvarkęs asmuo sudarė savo vardu, tai pagal tokį sandorį tretiesiems asmenims atsako reikalus tvarkęs asmuo. Tačiau ši taisyklė neturi įtakos, kai įgyvendinamos reikalus tvarkiusio asmens ir trečiųjų asmenų teisės, susijusios su asmeniu, kurio reikalai buvo tvarkomi.

6.236 straipsnis. Tariamas kito asmens reikalų tvarkymas Šio skyriaus normos netaikomos, jeigu kas nors tvarko kito asmens reikalus manydamas,

kad tvarko savo reikalus.

XX SKYRIUS NEPAGRĮSTAS PRATURTĖJIMAS AR TURTO GAVIMAS

6.237 straipsnis. Pareiga grąžinti be pagrindo įgytą turtą 1. Asmuo, kuris be teisinio pagrindo savo veiksmais ar kitokiu būdu tyčia ar dėl

neatsargumo įgijo tai, ko jis negalėjo ir neturėjo gauti, privalo visa tai grąžinti asmeniui, kurio sąskaita tai buvo įgyta, išskyrus šio kodekso nustatytas išimtis.

2. Šio straipsnio 1 dalyje nurodyta pareiga atsiranda, jeigu pagrindas, kuriuo įgytas turtas, išnyksta paskiau, išskyrus šio kodekso 6.241 straipsnyje numatytus atvejus.

3. Įgytas turtas turi būti grąžintas natūra, o jeigu jis žuvęs ar sužalotas, atlyginama pinigais jo tikroji vertė, buvusi turto įgijimo metu, ir nuostoliai, atsiradę dėl vėlesnio turto vertės pasikeitimo. Turto įgijėjas atsako nukentėjusiam asmeniui už bet kokį turto pabloginimą ar trūkumą, įskaitant atsitiktinį, po to, kai įgijėjas sužinojo ar turėjo sužinoti apie nepagrįstą praturtėjimą ar turto įgijimą. Iki sužinojimo momento turto įgijėjas atsako tik už tyčią ar didelį neatsargumą.

4. Jeigu šio straipsnio 1 dalyje nurodytu būdu sąžiningai įgijęs turto asmuo jį parduoda, tai jis turi grąžinti tik tą sumą, už kurią turtas buvo parduotas.

5. Šio skyriaus taisyklės taikomos ir tais atvejais, kai prievolės įvykdymas nesusijęs su daikto perdavimu, o tik su tam tikrų paslaugų suteikimu arba kai reikalavimas susijęs su daikto

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išreikalavimu iš svetimo neteisėto valdymo, su įvykdymo pagal negaliojantį sandorį grąžinimu, žalos atlyginimu ar prievolės šalių tarpusavio atsiskaitymais arba paslaugų teikimu.

6.238 straipsnis. Tariamojo skolininko teisė išreikalauti be pagrindo sumokėtą skolą Jeigu asmuo klydo manydamas esąs skolininkas ir sumokėjo skolą, kurios neprivalėjo

mokėti, tai jis turi teisę išreikalauti sumokėtą sumą iš ją gavusio asmens. Ši teisė išnyksta, jeigu įvykdymą gavęs asmuo sunaikino skolos dokumentą. Šiuo atveju tariamasis skolininkas gali reikalauti sumokėtos sumos iš tikrojo skolininko.

6.239 straipsnis. Pareiga grąžinti turtą, neatlygintinai perduotą trečiajam asmeniui Jeigu be pagrindo įgijęs turto asmuo šį turtą neatlygintinai perduoda trečiajam asmeniui,

tai pareiga jį grąžinti pereina trečiajam asmeniui.

6.240 straipsnis. Atsiskaitymai grąžinant be teisinio pagrindo įgytą turtą 1. Be teisinio pagrindo įgijęs turto asmuo privalo grąžinti ar atlyginti visas pajamas, kurias

jis gavo ar turėjo gauti iš šio turto, nuo to laiko, kai sužinojo ar turėjo sužinoti apie turto įgijimo nepagrįstumą. Už be pagrindo įgytą pinigų sumą skaičiuojamos penkių procentų dydžio metinės palūkanos. Šios palūkanos pradedamos skaičiuoti nuo to momento, kai asmuo sužinojo arba turėjo sužinoti apie nepagrįstą pinigų gavimą ar sutaupymą.

2. Jeigu be pagrindo įgydamas turtą asmuo sąžiningai klydo, jis savo ruožtu turi teisę reikalauti, kad būtų atlygintos jo turėtos būtinos išlaidos be pagrindo įgytam turtui per šio straipsnio 1 dalyje nurodytą laiką išlaikyti. Į išlaidų atlyginimą asmuo netenka teisės, jeigu turintis teisę išreikalauti turtą asmuo šios teisės atsisako ir palieka turtą nepagrįstai jį gavusiam asmeniui.

3. Be teisinio pagrindo gavęs turto ir neužtikrinęs jo priežiūros tiek, kiek ją būtų užtikrinęs protingas skolininkas, asmuo turi atlyginti už turto sumažėjimą, buvusį po to, kai tas asmuo sužinojo ar turėjo sužinoti, kad turtą privalo grąžinti.

4. Kai to, kas buvo įgyta be teisinio pagrindo, neįmanoma grąžinti, turi būti grąžinama to, kas buvo įgyta ar atlikta, vertė, buvusi gavimo ar atlikimo metu, jeigu gavėjas praturtėjo arba jeigu jis prašė, kad tai būtų atlikta, arba sutiko atlikti priešpriešinius veiksmus.

5. Kai sandoris pripažįstamas negaliojančiu ir to, kas buvo atlikta, negalima įvertinti pinigais, arba to, kas buvo gauta, negalima grąžinti dėl prigimties, ieškinys dėl grąžinimo ar kompensacijos negali būti tenkinamas, jeigu tai prieštarautų sąžiningumo, protingumo ir teisingumo kriterijams.

6.241 straipsnis. Turtas, kurio negalima išreikalauti 1. Negali būti išreikalaujama kaip be pagrindo įgyta: 1) turtas, perduotas prievolei įvykdyti iki vykdymo termino pabaigos, jeigu šios prievolės

pagrindas nenumato ko kita; 2) turtas, perduotas prievolei įvykdyti pasibaigus ieškinio senaties terminui; 3) turtas, kurį perdavė asmuo, žinojęs, kad jis neprivalo vykdyti prievolės, arba asmuo,

kuris nors ir neprivalėjo prievolės vykdyti, tačiau ją įvykdė ir jeigu tai atitiko geros moralės nuostatas;

4) sumos, be pagrindo išmokėtos kaip dėl sveikatos sužalojimo ar gyvybės atėmimo atsiradusios žalos atlyginimas, darbo užmokestis ir jam prilygintos išmokos, pensija ir išlaikymas, jeigu gavėjas veikė sąžiningai arba nebuvo padaryta sąskaitybos klaidos.

2. Kai asmuo be teisinio pagrindo priima pinigus, skirtus trečiajam asmeniui, neturinčiam teisės jų gauti, ir tuos pinigus jam perduoda, tai toks asmuo atleidžiamas nuo pareigos grąžinti pinigus, jeigu įrodo, kad jis nežinojo ir neturėjo žinoti, jog privalėjo pinigus grąžinti, ir kad negalėjo jų perduoti turinčiam teisę trečiajam asmeniui.

6.242 straipsnis. Nepagrįstas praturtėjimas 1. Be teisinio pagrindo nesąžiningai praturtėjęs kito asmens sąskaita asmuo privalo

atlyginti pastarajam tokio dydžio nuostolius, koks yra nepagrįstas praturtėjimas. 2. Į praturtėjimo sumažėjimą, jeigu tai įvyko dėl priežasčių, už kurias nepagrįstai

praturtėjęs asmuo neatsako, gali būti atsižvelgta ir atitinkamai sumažinta grąžintina suma.

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3. Praturtėjimas nelaikomas nepagrįstu ir nesąžiningu, jeigu jis atsirado dėl tokio prievolės įvykdymo, kai nuostolių patyrusi prievolės šalis dėl savo pačios kaltės nesugebėjo įgyvendinti savo teisių taip, kad būtų išvengta nuostolių, ir kitas asmuo praturtėjo dėl nuostolių patyrusios šalies veiksmų, kuriuos ši atliko išimtinai savo interesais ir savo rizika.

XXI SKYRIUS LOŠIMAS IR LAŽYBOS

6.243 straipsnis. Lošimo ir lažybų pasekmės 1. Lošimo ir lažybų pagrindu jokios prievolės neatsiranda, išskyrus įstatymų nustatytus

atvejus. Su lošimu ir lažybomis susiję reikalavimai teisme neginami, išskyrus įstatymų nustatytus atvejus.

2. Jeigu pagal įstatymus lošimas ar lažybos draudžiamos, tai laimėjusi šalis negali reikalauti sumokėti sutartą sumą, o pralaimėjusi šalis negali sumokėtos sumos išreikalauti.

3. Pralaimėjusi šalis turi teisę išreikalauti sumokėtą sumą, jeigu ši šalis yra nepilnametis arba prieš ją buvo panaudota prievarta, grasinimas, apgaulė ar kitokie nesąžiningi veiksmai.

6.244 straipsnis. Loterija ir kiti žaidimai, grindžiami rizika ar atsitiktinumu 1. Loterijos ar kitokių žaidimų, grindžiamų rizika ar atsitiktinumu, pagrindu prievolės

atsiranda tik tuo atveju, jeigu loterija ar kitokie žaidimai buvo organizuoti ir įvyko įstatymų nustatyta tvarka. Priešingu atveju iš loterijos ar žaidimų atsirandantiems reikalavimams taikomi šio kodekso 6.237 ir 6.242 straipsniai.

2. Jeigu loterija ar kitoks žaidimas organizuojami įstatymų nustatyta tvarka, tai jų organizatoriaus ir dalyvio sutartimi laikomas loterijos ar žaidimo bilietas, kvitas ar kitoks dokumentas, nurodytas loterijos ar kitokio žaidimo taisyklėse. Šias taisykles tvirtina loterijos ar žaidimo organizatorius. Taisyklėse turi būti nurodyta loterijos ar kitokio žaidimo laikas, laimėtojo nustatymo tvarka, laimėjimo dydis ir jo išmokėjimo tvarka. Su šiomis taisyklėmis turi būti sudarytos sąlygos viešai susipažinti.

3. Jeigu loterijos ar kitokio žaidimo organizatorius atsisako juos surengti nurodytu laiku, tai loterijos ar kitokio žaidimo dalyviai turi teisę reikalauti iš organizatoriaus atlyginti dėl loterijos ar kitokio žaidimo panaikinimo ar surengimo termino perkėlimo patirtus realius nuostolius.

4. Asmenims, kurie pagal loterijos ar kitokio žaidimo taisykles pripažįstami laimėtojais, organizatorius privalo išmokėti taisyklėse nustatyto dydžio ir formos (pinigais arba natūra) laimėjimą. Laimėjimas turi būti išmokėtas per taisyklėse nurodytą terminą, o jeigu toks terminas nenurodytas, – per mėnesį nuo loterijos ar kitokio žaidimo rezultatų nustatymo. Jeigu šios pareigos loterijos ar kitokio žaidimo organizatorius neįvykdo, laimėtojas turi teisę reikalauti iš organizatoriaus išmokėti laimėjimą bei atlyginti nuostolius.

XXII SKYRIUS CIVILINĖ ATSAKOMYBĖ

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

6.245 straipsnis. Civilinės atsakomybės samprata ir rūšys 1. Civilinė atsakomybė – tai turtinė prievolė, kurios viena šalis turi teisę reikalauti atlyginti

nuostolius (žalą) ar sumokėti netesybas (baudą, delspinigius), o kita šalis privalo atlyginti padarytus nuostolius (žalą) ar sumokėti netesybas (baudą, delspinigius).

2. Civilinė atsakomybė yra dviejų rūšių: sutartinė ir deliktinė. 3. Sutartinė civilinė atsakomybė yra turtinė prievolė, kuri atsiranda dėl to, kad neįvykdoma

ar netinkamai įvykdoma sutartis, kurios viena šalis turi teisę reikalauti nuostolių atlyginimo ar netesybų (sumokėti baudą, delspinigius), o kita šalis privalo atlyginti dėl sutarties neįvykdymo ar netinkamo įvykdymo padarytus nuostolius arba sumokėti netesybas (baudą, delspinigius).

4. Deliktinė civilinė atsakomybė yra turtinė prievolė, atsirandanti dėl žalos, kuri nesusijusi su sutartiniais santykiais, išskyrus atvejus, kai įstatymai nustato, kad deliktinė atsakomybė atsiranda ir dėl žalos, susijusios su sutartiniais santykiais.

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5. Kreditorius iki pareikšdamas reikalavimus asmeniui, kuris pagal įstatymus ar sutartį atsako papildomai kartu su kitu asmeniu (subsidiarioji atsakomybė), turi pagrindiniam skolininkui pareikšti reikalavimą dėl nuostolių atlyginimo. Jeigu pagrindinis skolininkas atsisakė atlyginti nuostolius arba kreditorius per protingą terminą iš skolininko negavo atsakymo į pareikštą reikalavimą, tai kreditorius gali pareikšti reikalavimą dėl nuostolių atlyginimo subsidiariai atsakingam skolininkui.

6. Kreditorius neturi teisės reikalauti atlyginti nuostolius iš subsidiariai atsakingo skolininko, jeigu kreditorius savo reikalavimą gali patenkinti įskaitydamas priešpriešinį pagrindinio skolininko reikalavimą. Subsidiariai atsakingas skolininkas, prieš atlygindamas kreditoriui nuostolius, privalo apie tai įspėti pagrindinį skolininką. Jeigu subsidiariai atsakingam skolininkui pareikštas ieškinys dėl nuostolių atlyginimo, tai jis turi patraukti dalyvauti byloje ir pagrindinį skolininką. Priešingu atveju pagrindinis skolininkas regresiniam subsidiaraus skolininko reikalavimui turi teisę pareikšti visus atsikirtimus, kuriuos jis būtų turėjęs teisę reikšti kreditoriui.

6.246 straipsnis. Neteisėti veiksmai 1.Civilinė atsakomybė atsiranda neįvykdžius įstatymuose ar sutartyje nustatytos pareigos

(neteisėtas neveikimas) arba atlikus veiksmus, kuriuos įstatymai ar sutartis draudžia atlikti (neteisėtas veikimas), arba pažeidus bendro pobūdžio pareigą elgtis atidžiai ir rūpestingai.

2. Įstatymai gali nustatyti, kad žalą privalo atlyginti asmuo, kuris tos žalos nepadarė, bet yra atsakingas už žalą padariusio asmens veiksmus (netiesioginė civilinė atsakomybė).

3. Teisėtais veiksmais padaryta žala turi būti atlyginama tik įstatymų nustatytais atvejais.

6.247 straipsnis. Priežastinis ryšys Atlyginami tik tie nuostoliai, kurie susiję su veiksmais (veikimu, neveikimu), nulėmusiais

skolininko civilinę atsakomybę tokiu būdu, kad nuostoliai pagal jų ir civilinės atsakomybės prigimtį gali būti laikomi skolininko veiksmų (veikimo, neveikimo) rezultatu.

6.248 straipsnis. Kaltė kaip civilinės atsakomybės sąlyga 1. Civilinė atsakomybė atsiranda tik tais atvejais, jeigu įpareigotas asmuo kaltas, išskyrus

įstatymų arba sutarties numatytus atvejus, kuriais civilinė atsakomybė atsiranda be kaltės. Skolininko kaltė preziumuojama, išskyrus įstatymų numatytus atvejus.

2. Kaltė gali pasireikšti tyčia arba neatsargumu. 3. Laikoma, kad asmuo kaltas, jeigu atsižvelgiant į prievolės esmę bei kitas aplinkybes jis

nebuvo tiek rūpestingas ir apdairus, kiek atitinkamomis sąlygomis buvo būtina. 4. Jeigu dėl žalos atsiradimo kaltas ir kreditorius, tai atlygintini nuostoliai mažinami

proporcingai kreditoriaus kaltei arba skolininkas gali būti atleistas nuo civilinės atsakomybės.

6.249 straipsnis. Žala ir nuostoliai 1. Žala yra asmens turto netekimas arba sužalojimas, turėtos išlaidos (tiesioginiai

nuostoliai), taip pat negautos pajamos, kurias asmuo būtų gavęs, jeigu nebūtų buvę neteisėtų veiksmų. Piniginė žalos išraiška yra nuostoliai. Jeigu šalis nuostolių dydžio negali tiksliai įrodyti, tai jų dydį nustato teismas.

2. Jeigu atsakingas asmuo iš savo neteisėtų veiksmų gavo naudos, tai gauta nauda kreditoriaus reikalavimu gali būti pripažinta nuostoliais.

3. Teismas gali atidėti būsimos žalos įvertinimą arba įvertinti būsimą žalą remdamasis realia jos atsiradimo tikimybe. Šiais atvejais kaip žalos atlyginimą teismas gali priteisti konkrečią pinigų sumą, periodines išmokas arba įpareigoti skolininką užtikrinti žalos atlyginimą.

4. Be tiesioginių nuostolių ir negautų pajamų, į nuostolius įskaičiuojamos: 1) protingos išlaidos, skirtos žalos prevencijai ar jai sumažinti; 2) protingos išlaidos, susijusios su civilinės atsakomybės ir žalos įvertinimu; 3) protingos išlaidos, susijusios su nuostolių išieškojimu ne teismo tvarka. 5. Žala apskaičiuojama pagal kainas, galiojančias teismo sprendimo priėmimo dieną, jeigu

įstatymai ar prievolės esmė nereikalauja taikyti kainų, buvusių žalos padarymo ar ieškinio pareiškimo dieną.

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6. Kai dėl to paties veiksmo atsirado ir žala, ir nauda nukentėjusiam asmeniui, tai gauta nauda nepažeidžiant protingumo, sąžiningumo ir teisingumo kriterijų gali būti įskaitoma į nuostolius.

6.250 straipsnis. Neturtinė žala 1. Neturtinė žala yra asmens fizinis skausmas, dvasiniai išgyvenimai, nepatogumai,

dvasinis sukrėtimas, emocinė depresija, pažeminimas, reputacijos pablogėjimas, bendravimo galimybių sumažėjimas ir kita, teismo įvertinti pinigais.

2. Neturtinė žala atlyginama tik įstatymų nustatytais atvejais. Neturtinė žala atlyginama visais atvejais, kai ji padaryta dėl nusikaltimo, asmens sveikatai ar dėl asmens gyvybės atėmimo bei kitais įstatymų nustatytais atvejais. Teismas, nustatydamas neturtinės žalos dydį, atsižvelgia į jos pasekmes, šią žalą padariusio asmens kaltę, jo turtinę padėtį, padarytos turtinės žalos dydį bei kitas turinčias reikšmės bylai aplinkybes, taip pat į sąžiningumo, teisingumo ir protingumo kriterijus.

6.251 straipsnis. Visiškas nuostolių atlyginimas 1. Padaryti nuostoliai turi būti atlyginti visiškai, išskyrus atvejus, kai įstatymai ar sutartis

nustato ribotą atsakomybę. 2. Teismas, atsižvelgdamas į atsakomybės prigimtį, šalių turtinę padėtį ir jų tarpusavio

santykius, gali sumažinti nuostolių atlyginimo dydį, jeigu dėl visiško nuostolių atlyginimo atsirastų nepriimtinų ir sunkių pasekmių. Tačiau sumažintas nuostolių atlyginimas negali būti mažesnis už draudimo sumą, kuria skolininko civilinė atsakomybė buvo ar turėjo būti privalomai apdrausta.

6.252 straipsnis. Šalių susitarimai dėl civilinės atsakomybės netaikymo ar jos apribojimo

1. Šalių susitarimas dėl civilinės atsakomybės už nuostolius (žalą), padarytus dėl skolininko tyčios ar didelio neatsargumo, netaikymo ar jos dydžio apribojimo negalioja. Draudžiama apriboti ar panaikinti civilinę atsakomybę už sveikatos sužalojimą, gyvybės atėmimą ar neturtinę žalą.

2. Šalys savo susitarimu negali pakeisti imperatyviųjų teisės normų, nustatančių civilinę atsakomybę, jos formą ar dydį.

6.253 straipsnis. Civilinės atsakomybės netaikymas ir atleidimas nuo civilinės atsakomybės

1. Civilinė atsakomybė netaikoma, taip pat asmuo gali būti visiškai ar iš dalies atleistas nuo civilinės atsakomybės šiais pagrindais: dėl nenugalimos jėgos, valstybės veiksmų, trečiojo asmens veiksmų, nukentėjusio asmens veiksmų, būtinojo reikalingumo, būtinosios ginties, savigynos.

2. Nenugalima jėga yra neišvengiamos ir skolininko nekontroliuojamos bei nepašalinamos aplinkybės, kurios nebuvo ir negalėjo būti numatytos (šio kodekso 6.212 straipsnis).

3. Valstybės veiksmai – tai privalomi ir nenumatyti valstybės institucijų veiksmai (aktai), dėl kurių įvykdyti prievolę neįmanoma ir kurių šalys neturėjo teisės ginčyti.

4. Trečiojo asmens veikla – tai asmens, už kurį nei kreditorius, nei skolininkas neatsako, veiksmai (veikimas, neveikimas), dėl kurių atsirado nuostolių.

5. Nukentėjusio asmens veiksmai – veiksmai, dėl kurių kaltas pats nukentėjęs asmuo ir dėl kurių jam atsirado ar padidėjo nuostoliai. Tai gali būti nukentėjusio asmens sutikimas, kad jam būtų padaryta žalos, arba rizikos prisiėmimas. Šis nukentėjusio asmens sutikimas gali būti pagrindas atleisti nuo civilinės atsakomybės tik tuo atveju, kai toks sutikimas ir žalos padarymas neprieštarauja imperatyviosioms teisės normoms, viešajai tvarkai, gerai moralei, sąžiningumo, protingumo ir teisingumo kriterijams.

6. Būtinasis reikalingumas – tai veiksmai, kuriais asmuo priverstas padaryti žalos dėl to, kad siekia pašalinti jam pačiam, kitiems asmenims ar jų teisėms, visuomenės ar valstybės interesams gresiantį pavojų, išvengdamas gresiančios didesnės žalos atsiradimo žalą patyrusiam ar kitam asmeniui, jeigu žalos padarymas tomis aplinkybėmis buvo vienintelis būdas išvengti

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didesnės žalos. Teismas, atsižvelgdamas į bylos aplinkybes bei sąžiningumo ir teisingumo kriterijus, gali įpareigoti atlyginti žalą asmenį, kurio interesais veikė žalą padaręs asmuo.

7. Būtinoji gintis – tai veiksmai, kuriais siekiama gintis arba ginti kitą asmenį, nuosavybę, būsto neliečiamybę, kitas teises, visuomenės ar valstybės interesus nuo pradėto ar tiesiogiai gresiančio neteisėto pavojingo kėsinimosi, jeigu jais nebuvo peržengtos būtinosios ginties ribos.

8. Savigyna – tai asmens veiksmai, kuriais jis teisėtai priverstinai įgyvendina savo teisę, kai neįmanoma laiku gauti kompetentingų valstybės institucijų pagalbos, o nesiėmus savigynos priemonių teisės įgyvendinimas taptų negalimas arba iš esmės pasunkėtų. Tačiau asmuo, panaudojęs savigyną neteisėtai ar be pakankamo pagrindo, privalo atlyginti padarytą žalą.

9. Įstatymai ar šalių susitarimai gali numatyti ir kitokius atleidimo nuo civilinės atsakomybės ar jos netaikymo pagrindus.

6.254 straipsnis. Civilinės atsakomybės draudimas 1. Įstatymų ar sutarties numatytais atvejais civilinė atsakomybė gali būti draudžiama

sudarant civilinės atsakomybės draudimo sutartį. Su civilinės atsakomybės draudimu susijusius santykius reglamentuoja šis kodeksas ir kiti įstatymai.

2. Jeigu draudimo atlyginimo nepakanka žalai visiškai atlyginti, draudimo atlyginimo ir faktinės žalos dydžio skirtumą atlygina apdraustasis asmuo, atsakingas už žalos padarymą.

6.255 straipsnis. Prevencinis ieškinys 1. Realus pavojus, kad ateityje gali būti padaryta žalos, yra pagrindas prevenciniam

ieškiniui pareikšti. Prevenciniu ieškiniu laikomas ieškinys, kuriuo siekiama uždrausti atlikti veiksmus, sukeliančius realią žalos padarymo ateityje grėsmę.

2. Jeigu žalos padaryta eksploatuojant įmonę, įrenginį ar dėl kitokios ūkinės ar neūkinės veiklos ir yra realus pavojus, jog dėl šios veiklos vėl gali būti padaryta žalos, tai teismas ieškovo prašymu gali įpareigoti atsakovą sustabdyti ar nutraukti tokią veiklą. Teismas gali atsisakyti tenkinti prašymą dėl tokios veiklos sustabdymo ar nutraukimo, jeigu veiklos nutraukimas ar sustabdymas prieštarautų viešajai tvarkai.

3. Teismo atsisakymas tenkinti prevencinį ieškinį neatima teisės reikalauti atlyginti dėl tos veiklos atsiradusią žalą.

ANTRASIS SKIRSNIS SUTARTINĖ ATSAKOMYBĖ

6.256 straipsnis. Sutartinės atsakomybės atsiradimo pagrindas 1. Kiekvienas asmuo privalo tinkamai ir laiku vykdyti savo sutartines prievoles. 2. Asmuo, neįvykdęs ar netinkamai įvykdęs savo sutartinę prievolę, privalo atlyginti kitai

sutarties šaliai šios patirtus nuostolius, sumokėti netesybas (baudą, delspinigius). 3. Jeigu sutarties vykdymas vienai iš šalių tuo pačiu yra ir profesinė veikla, ši šalis privalo

vykdyti sutartį ir pagal tai profesinei veiklai taikomus reikalavimus. 4. Kai sutartinės prievolės neįvykdo ar netinkamai ją įvykdo įmonė (verslininkas), tai ji

atsako visais atvejais, jei neįrodo, kad prievolės neįvykdė ar netinkamai ją įvykdė dėl nenugalimos jėgos, jeigu įstatymai ar sutartis nenumato ko kita.

6.257 straipsnis. Atsakomybė už trečiųjų asmenų veiksmus Skolininkas, pasitelkęs prievolei įvykdyti trečiuosius asmenis, atsako kreditoriui, kai

prievolė neįvykdyta ar netinkamai įvykdyta dėl šių trečiųjų asmenų kaltės, jeigu įstatymai ar sutartis nenumato, kad atsako tiesioginis vykdytojas.

6.258 straipsnis. Netesybos ir nuostoliai 1. Įstatymai ar sutartis gali nustatyti, kad už prievolės neįvykdymą ar netinkamą įvykdymą

kaltoji šalis privalo sumokėti netesybas (baudą, delspinigius). 2. Jeigu nustatytos netesybos, tai kreditorius negali reikalauti iš skolininko kartu ir

netesybų, ir realiai įvykdyti prievolę, išskyrus atvejus, kai skolininkas praleidžia prievolės įvykdymo terminą. Kitokias taisykles numatantis šalių susitarimas negalioja. Kai pareiškiamas reikalavimas dėl nuostolių atlyginimo, netesybos įskaitomos į nuostolius.

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3. Jeigu netesybos (bauda, delspinigiai) neprotingai didelės, taip pat jeigu skolininkas įvykdė dalį prievolės, teismas gali netesybas sumažinti, tačiau jos negali būti mažesnės už nuostolių, atsiradusių dėl prievolės neįvykdymo ar netinkamo įvykdymo, sumą. Netesybos nemažinamos, kai jos jau sumokėtos.

4. Neįvykdžiusi prievolės įmonė (verslininkas) atsako tik už tuos nuostolius, kuriuos ji numatė ar galėjo protingai numatyti sutarties sudarymo metu kaip tikėtiną prievolės neįvykdymo pasekmę.

5. Jeigu šalis nutraukė sutartį dėl to, kad kita šalis ją pažeidė, ir per protingą terminą sudarė nutrauktą sutartį pakeičiančią sutartį, tai ji turi teisę reikalauti iš sutartį pažeidusios šalies kainų skirtumo bei kitų vėliau atsiradusių nuostolių atlyginimo.

6. Nuostoliai apskaičiuojami ta valiuta, kuria buvo išreikšta piniginė prievolė, arba ta valiuta, kuria pasireiškia padaryti nuostoliai, atsižvelgiant į tai, kuri valiuta šalims priimtinesnė pagal bylos aplinkybes.

7. Palūkanos už nuostolius skaičiuojamos nuo prievolės neįvykdymo momento, jeigu sutartyje nenumatoma kas kita.

8. Šiame straipsnyje nustatytos taisyklės netaikomos, jeigu atskirų rūšių sutartims šis kodeksas nustato ką kita.

6.259 straipsnis. Kreditoriaus kaltė 1. Jeigu prievolė neįvykdyta arba netinkamai įvykdyta dėl abiejų šalių kaltės, skolininko

atsakomybė atitinkamai gali būti sumažinta arba jis gali būti visiškai atleistas nuo atsakomybės. 2. Šio straipsnio 1 dalies taisyklė taikoma ir tais atvejais, kai kreditorius tyčia ar dėl

neatsargumo prisidėjo prie prievolės neįvykdymo ar dėl netinkamo jos įvykdymo padarytų nuostolių padidėjimo, taip pat kai kreditorius tyčia arba dėl neatsargumo nesiėmė priemonių nuostoliams sumažinti.

3. Šiame straipsnyje nustatytos taisyklės atitinkamai taikomos ir tais atvejais, kai skolininkas pagal įstatymus arba sutartį atsako už prievolės neįvykdymą ar netinkamą jos įvykdymą nepaisant jo kaltės.

6.260 straipsnis. Skolininko praleisto termino pasekmės 1. Laikoma, kad skolininkas praleido terminą, jeigu jis prievolės neįvykdo per nustatytą

terminą. 2. Praleidęs prievolės įvykdymo terminą skolininkas atsako kreditoriui už dėl termino

praleidimo padarytus nuostolius ir už atsitiktinai atsiradusį po termino praleidimo negalimumą įvykdyti prievolę.

3. Jeigu dėl to, kad skolininkas praleido įvykdymo terminą, kreditorius nesuinteresuotas, kad prievolė būtų įvykdyta, tai kreditorius turi teisę atsisakyti priimti įvykdymą ir reikalauti nuostolių atlyginimo.

4. Skolininkas nelaikomas praleidusiu įvykdymo terminą, kol prievolės negalima įvykdyti dėl to, kad kreditorius praleido įvykdymo terminą.

6.261 straipsnis. Skolininko praleisto piniginių prievolių įvykdymo termino pasekmės Praleidęs piniginės prievolės įvykdymo terminą skolininkas privalo mokėti už termino

praleidimą sutarčių ar įstatymų nustatytas palūkanas, kurios yra laikomos minimaliais nuostoliais. Be to, kreditorius, įrodęs kitus nuostolius, turi teisę ir į jų atlyginimą.

6.262 straipsnis. Kreditoriaus praleisto termino pasekmės 1. Laikoma, kad kreditorius praleido įvykdymo terminą, jeigu jis atsisakė priimti

skolininko pasiūlytą tinkamą prievolės įvykdymą ar neatliko veiksmų, iki kurių atlikimo skolininkas negalėjo įvykdyti savo prievolės.

2. Kai kreditorius praleidžia terminą, skolininkas įgyja teisę į dėl termino praleidimo padarytų nuostolių atlyginimą, jeigu kreditorius neįrodo, kad terminas praleistas ne dėl jo paties kaltės ar ne dėl tų asmenų, kurie pagal įstatymus ar kreditoriaus pavedimą buvo įpareigoti priimti įvykdymą, kaltės.

3. Pagal piniginę prievolę skolininkas neprivalo mokėti palūkanų už kreditoriaus praleisto termino laiką.

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TREČIASIS SKIRSNIS DELIKTINĖ ATSAKOMYBĖ

6.263 straipsnis. Pareiga atlyginti padarytą žalą 1. Kiekvienas asmuo turi pareigą laikytis tokio elgesio taisyklių, kad savo veiksmais

(veikimu, neveikimu) nepadarytų kitam asmeniui žalos. 2. Žalą, padarytą asmeniui, turtui, o įstatymų numatytais atvejais – ir neturtinę žalą privalo

visiškai atlyginti atsakingas asmuo. 3. Įstatymų numatytais atvejais asmuo privalo atlyginti dėl kito asmens veiksmų

atsiradusią žalą arba savo valdomų daiktų padarytą žalą.

6.264 straipsnis. Samdančio darbuotojus asmens atsakomybė už žalą, atsiradusią dėl jo darbuotojų kaltės

1. Samdantis darbuotojus asmuo privalo atlyginti žalą, atsiradusią dėl jo darbuotojų, einančių savo darbines (tarnybines) pareigas, kaltės.

2. Pagal šį straipsnį darbuotojais laikomi asmenys, atliekantys darbą darbo sutarties arba civilinės sutarties pagrindu, jeigu jie veikia atitinkamo juridinio ar fizinio asmens nurodymu ir jo kontroliuojami.

3. Jeigu įstatymų numatytais atvejais samdantis darbuotojus asmuo ir darbuotojas už žalą atsako kartu, tai darbuotojas atsako jį nusamdžiusiam asmeniui tik tuo atveju, kai yra darbuotojo tyčia ar neatsargumas.

6.265 straipsnis. Atsakomybė už kitų asmenų padarytą žalą 1. Jeigu asmuo, kuris nėra darbuotojas, vykdydamas kito asmens, kuris nėra jo darbdavys,

duotą nurodymą, padaro žalos, tai abu šie asmenys atsako solidariai. 2. Atstovaujamas asmuo atsako už savo atstovo, vykdančio pavedimą, padarytą žalą

solidariai su savo atstovu.

6.266 straipsnis. Statinių savininko (valdytojo) atsakomybė 1. Žalą, padarytą dėl pastatų, statinių, įrenginių ar kitokių konstrukcijų, įskaitant kelius,

sugriuvimo ar dėl kitokių jų trūkumų, privalo atlyginti šių objektų savininkas (valdytojas), jeigu neįrodo, kad buvo šio kodekso 6.270 straipsnio 1 dalyje numatytos aplinkybės.

2. Preziumuojama, kad pastatų, statinių, įrenginių ar kitokių konstrukcijų savininkas (valdytojas) yra asmuo, viešame registre nurodytas kaip jų savininkas (valdytojas).

6.267 straipsnis. Atsakomybė už gyvūnų padarytą žalą 1. Naminių gyvūnų arba asmens žinioje esančių laukinių gyvūnų padarytą žalą privalo

atlyginti jų savininkas (valdytojas), jeigu neįrodo, kad buvo šio kodekso 6.270 straipsnio 1 dalyje numatytos aplinkybės. Asmuo atsako ir už iš jo pabėgusių gyvūnų padarytą žalą.

2. Laukinių žvėrių padaryta žala atlyginama įstatymų nustatyta tvarka.

6.268 straipsnis. Atsakomybė už savo veiksmų reikšmės suprasti negalinčio fizinio asmens padarytą žalą

1. Veiksnus fizinis asmuo, padaręs žalą tokios būsenos, kai jis negalėjo suprasti savo veiksmų reikšmės ar jų valdyti, už padarytą žalą neatsako. Tačiau jis neatleidžiamas nuo atsakomybės, jeigu tokios būsenos pats tapo vartodamas alkoholinius gėrimus, narkotines ar psichotropines medžiagas arba kitokiu būdu.

2. Jeigu žala buvo padaryta asmens sveikatai ar gyvybei, tai teismas, atsižvelgdamas į nukentėjusio asmens ir žalą padariusio asmens turtinę padėtį, sąžiningumo ir protingumo kriterijus bei kitas turinčias reikšmės bylai aplinkybes, gali priteisti visišką ar dalinį žalos atlyginimą iš žalą padariusio asmens.

3. Asmens, pripažinto ribotai veiksniu dėl piktnaudžiavimo alkoholiu arba narkotinėmis ar psichotropinėmis medžiagomis, padaryta žala atlyginama bendrais pagrindais.

4. Jeigu žalos padarė asmuo, kuris savo veiksmų reikšmės suprasti ar jų valdyti negalėjo dėl psichinės ligos ar kitokio psichikos sutrikimo, tai teismas gali įpareigoti atlyginti žalą kartu su

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šiuo asmeniu gyvenantį jo sutuoktinį, tėvus ar pilnamečius jo vaikus, kurie žinojo apie tokią žalą padariusio asmens psichikos būklę, tačiau nesiėmė priemonių, kad tas asmuo būtų pripažintas neveiksniu.

6.269 straipsnis. Dėl būtinosios ginties ar savigynos padaryta žala 1. Asmuo, padaręs žalos teisėtai gindamasis ar gindamas kitą asmenį, neatsako už

užpuolikui padarytą žalą. 2. Nukentėjęs asmuo šio straipsnio 1 dalyje nurodytu atveju gali reikalauti žalos

atlyginimo iš asmens, nuo kurio neteisėtų veiksmų buvo ginamasi.

6.270 straipsnis. Atsakomybė už didesnio pavojaus šaltinių padarytą žalą 1. Asmuo, kurio veikla susijusi su didesniu pavojumi aplinkiniams (transporto priemonių,

mechanizmų, elektros ir atominės energijos, sprogstamųjų ir nuodingų medžiagų naudojimas, statybos ir t. t.), privalo atlyginti didesnio pavojaus šaltinio padarytą žalą, jeigu neįrodo, kad žala atsirado dėl nenugalimos jėgos arba nukentėjusio asmens tyčios ar didelio neatsargumo.

2. Atsakovas pagal šį straipsnį yra didesnio pavojaus šaltinio valdytojas, t. y. asmuo, valdantis šį šaltinį nuosavybės, patikėjimo teise ar kitokiu teisėtu pagrindu (panaudos, nuomos ar kitokios sutarties pagrindu, pagal įgaliojimą ir t. t.).

3. Didesnio pavojaus šaltinio valdytojas už padarytą žalą neatsako, jeigu įrodo, kad galimybę valdyti didesnio pavojaus šaltinį jis prarado dėl kitų asmenų neteisėtų veiksmų. Šiuo atveju už padarytą žalą atsako asmuo ar asmenys, neteisėtai užvaldę didesnio pavojaus šaltinį. Jeigu dėl valdymo netekimo yra ir valdytojo kaltės, tai šis ir didesnio pavojaus šaltinį neteisėtai užvaldęs asmuo atsako solidariai. Atlyginęs žalą valdytojas įgyja regreso teisę reikalauti sumokėtų sumų iš neteisėtai didesnio pavojaus šaltinį užvaldžiusio asmens.

4. Jeigu žala trečiajam asmeniu padaryta dėl kelių didesnio pavojaus šaltinių sąveikos, tai šių didesnio pavojaus šaltinių valdytojai atsako solidariai.

5. Didesnio pavojaus šaltinių valdytojams dėl šių šaltinių sąveikos padaryta žala atlyginama bendrais pagrindais.

6.271 straipsnis. Atsakomybė už žalą, atsiradusią dėl valdžios institucijų neteisėtų veiksmų

1. Žalą, atsiradusią dėl valstybės valdžios institucijų neteisėtų aktų, privalo atlyginti valstybė iš valstybės biudžeto nepaisydamas konkretaus valstybės tarnautojo ar kito valstybės valdžios institucijos darbuotojo kaltės. Žalą, atsiradusią dėl savivaldybės valdžios institucijų neteisėtų aktų, privalo atlyginti savivaldybė iš savivaldybės biudžeto nepaisydama savo darbuotojų kaltės.

2. Šiame straipsnyje terminas „valdžios institucija“ reiškia bet kokį viešosios teisės subjektą (valstybės ar savivaldybės instituciją, pareigūną, valstybės tarnautoją ar kitokį šių institucijų darbuotoją ir t. t.), taip pat privatų asmenį, atliekantį valdžios funkcijas.

3. Šiame straipsnyje vartojamas terminas „aktas“ reiškia bet kokį valdžios institucijos ar jos darbuotojų veiksmą (veikimą, neveikimą), kuris tiesiogiai daro įtakos asmenų teisėms, laisvėms ir interesams (valstybės ar savivaldybės institucijų priimami teisės ar individualūs aktai, administraciniai aktai, fiziniai aktai ir t. t., išskyrus teismo nuosprendžius, sprendimus ir nutartis).

4. Valstybės ar savivaldybės civilinė atsakomybė pagal šį straipsnį atsiranda, jeigu valdžios institucijų darbuotojai neveikė taip, kaip pagal įstatymus šios institucijos ar jų darbuotojai privalėjo veikti.

6.272 straipsnis. Atsakomybė už žalą, atsiradusią dėl ikiteisminio tyrimo pareigūnų, prokuroro, teisėjo ir teismo neteisėtų veiksmų

1. Žalą, atsiradusią dėl neteisėto nuteisimo, neteisėto suėmimo kardomosios priemonės taikymo tvarka, neteisėto sulaikymo, neteisėto procesinės prievartos priemonių pritaikymo, neteisėto administracinės nuobaudos – arešto – paskyrimo, atlygina valstybė visiškai, nepaisant ikiteisminio tyrimo pareigūnų, prokuratūros pareigūnų ir teismo kaltės.

2. Žalą, atsiradusią dėl neteisėtų teisėjo ar teismo veiksmų nagrinėjant civilinę bylą, atlygina valstybė visiškai, jeigu žala atsirado dėl teisėjo ar kito teismo pareigūno kaltės.

3. Be turtinės žalos, atlyginama ir neturtinė žala.

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4. Jeigu žala atsirado dėl ikiteisminio tyrimo pareigūnų, prokuratūros ar teismo pareigūnų ar teisėjų tyčinių veiksmų, tai valstybė, atlyginusi žalą, įgyja atgręžtinio reikalavimo teisę iš atitinkamų pareigūnų įstatymų nustatyta tvarka išieškoti įstatymų nustatyto dydžio sumas.

6.273 straipsnis. Atsakovai pagal valstybės ar savivaldybės prievolę atlyginti žalą 1. Bylose dėl žalos atlyginimo, kai žalą privalo atlyginti valstybė, valstybei atstovauja

Vyriausybė arba jos įgaliota institucija. 2. Bylose dėl žalos atlyginimo, kai žalą privalo atlyginti savivaldybė, savivaldybei

atstovauja savivaldybės institucija, dėl kurios neteisėtų veiksmų atsirado žala.

6.274 straipsnis. Atsakomybė už žalą, atsiradusią dėl būtinojo reikalingumo Teismas, atsižvelgdamas į žalos atsiradimo aplinkybes ir kitas aplinkybes, numatytas šio

kodekso 6.253 straipsnio 6 dalyje, gali įpareigoti asmenį, kurio interesais veikė žalą padaręs asmuo, atlyginti žalą, atsiradusią dėl būtinojo reikalingumo.

6.275 straipsnis. Atsakomybė už nepilnamečių iki keturiolikos metų padarytą žalą 1. Už nepilnamečio iki keturiolikos metų padarytą žalą atsako jo tėvai ar globėjai, jeigu

neįrodo, kad žala atsirado ne dėl jų kaltės. 2. Jeigu nepilnametis iki keturiolikos metų padaro žalą tuo metu, kai jis yra mokymo,

auklėjimo, sveikatos priežiūros ar globos (rūpybos) institucijos prižiūrimas, už tą žalą atsako ši institucija, jeigu neįrodo, kad žala atsirado ne dėl jos kaltės.

6.276 straipsnis. Atsakomybė už nepilnamečio nuo keturiolikos iki aštuoniolikos metų padarytą žalą

1. Nepilnametis nuo keturiolikos iki aštuoniolikos metų už savo padarytą žalą atsako bendrais pagrindais.

2. Tais atvejais, kai nepilnametis nuo keturiolikos iki aštuoniolikos metų neturi turto ar uždarbio, kurio pakaktų jo padarytai žalai atlyginti, atitinkamą žalos dalį turi atlyginti jo tėvai ar rūpintojas, jeigu neįrodo, kad žala atsirado ne dėl jų kaltės. Tokios pat teisinės pasekmės atsiranda, jeigu nepilnametis nuo keturiolikos iki aštuoniolikos metų žalos padarymo metu buvo mokymo, auklėjimo, sveikatos priežiūros ar globos (rūpybos) institucijos prižiūrimas.

3. Šio straipsnio 2 dalyje nurodytų asmenų pareiga atlyginti žalą pasibaigia, kai padaręs žalą asmuo sulaukia pilnametystės, taip pat kai jis prieš pilnametystę įgyja turtą arba uždarbį, kurio pakanka žalai atlyginti.

6.277 straipsnis. Tėvų, kurių valdžia apribota, civilinė atsakomybė už jų nepilnamečių vaikų padarytą žalą

Tėvai, kurių valdžia buvo apribota dėl jų kaltės, už savo nepilnamečių vaikų padarytą žalą atsako bendrais pagrindais, jeigu nepilnamečių vaikų veiksmai yra netinkamo tėvų valdžios įgyvendinimo pasekmė, išskyrus atvejus, kai nepilnamečiui yra paskirtas globėjas ar rūpintojas.

6.278 straipsnis. Atsakomybė už pripažinto neveiksniu fizinio asmens padarytą žalą 1. Už pripažinto neveiksniu fizinio asmens padarytą žalą atsako jo globėjas arba jį

prižiūrėti privalanti institucija, jeigu neįrodo, kad žala atsirado ne dėl jų kaltės. 2. Globėjo ar atitinkamos institucijos pareiga atlyginti žalą nepasibaigia ir tuo atveju, kai

žalą padaręs asmuo po jos padarymo pripažįstamas veiksniu. 3. Jeigu globėjas mirė ar neturi pakankamai lėšų žalai, padarytai asmens sveikatai ar

gyvybei, atlyginti, o žalą padaręs asmuo turi pakankamai lėšų, tai teismas, atsižvelgdamas į neveiksnaus asmens ir nukentėjusio asmens turtinę padėtį bei kitas turinčias reikšmės bylai aplinkybes, gali išieškoti žalą iš neveiksnaus asmens turto.

6.279 straipsnis. Atsakomybė už kelių asmenų bendrai padarytą žalą 1. Bendrai padarę žalos asmenys nukentėjusiam asmeniui atsako solidariai. 2. Nustatant solidariai atsakingų asmenų tarpusavio reikalavimus, atsižvelgiama į

kiekvieno iš jų kaltę, išskyrus atvejus, kai įstatymai numato ką kita.

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3. Nukentėjęs asmuo negali reikalauti iš visų už žalą atsakingų asmenų daugiau, negu jis galėtų reikalauti, jeigu atsakingas būtų tik vienas asmuo.

4. Jeigu žala galėjo atsirasti dėl kelių asmenų skirtingų veiksmų ir šie asmenys yra atsakingi už žalos atlyginimą, tačiau nustatoma, kad iš tikrųjų žala atsirado tik dėl vieno iš tų asmenų veiksmų, tai visi asmenys atsako kartu, išskyrus atvejus, kai kiti asmenys įrodo, kad žala negalėjo būti įvykio (veiksmų), už kurį jie yra atsakingi, rezultatas.

6.280 straipsnis. Regreso teisė į žalos padariusį asmenį 1. Atlyginęs kito asmens padarytą žalą asmuo turi į padariusį žalą asmenį regreso

(atgręžtinio reikalavimo) teisę tokio dydžio, kiek sumokėjo žalos atlyginimo, jeigu įstatymai nenustato kitokio dydžio.

2. Atlyginęs kelių asmenų bendrai padarytą žalą asmuo turi teisę iš kiekvieno reikalauti jų išmokėto žalos atlyginimo dalies, proporcingos jų kaltei. Kai neįmanoma nustatyti kiekvieno iš žalą padariusių asmenų kaltės dydžio, laikoma, kad jie žalą turi atlyginti lygiomis dalimis.

3. Tėvai, globėjas ar rūpintojas, taip pat šio kodekso 6.275, 6.276 ir 6.278 straipsniuose nurodytos institucijos, atlyginę nepilnamečio ar pripažinto neveiksniu fizinio asmens padarytą žalą, neturi regreso teisės į šiuos fizinius asmenis.

6.281 straipsnis. Žalos atlyginimo būdas ir dydis 1. Priteisdamas žalos atlyginimą, teismas, atsižvelgdamas į bylos aplinkybes, įpareigoja

atsakingą už žalą asmenį atlyginti ją natūra (pateikti tos pat rūšies ir kokybės daiktą, pataisyti sužalotą daiktą ir pan.) arba visiškai atlyginti padarytus nuostolius.

2. Jeigu teismo sprendimas atlyginti žalą natūra neįvykdomas per protingą laiką, tai kreditorius turi teisę reikalauti atlyginti žalą pinigais.

6.282 straipsnis. Atsižvelgimas į nukentėjusio asmens kaltę ir padariusio žalą asmens turtinę padėtį

1. Kai paties nukentėjusio asmens didelis neatsargumas padėjo žalai atsirasti arba jai padidėti, tai atsižvelgiant į nukentėjusio asmens kaltės dydį (o kai yra žalos padariusio asmens kaltės, – ir į jo kaltės dydį) žalos atlyginimas, jeigu įstatymai nenustato ko kita, gali būti sumažintas arba reikalavimas atlyginti žalą gali būti atmestas.

2. Į nukentėjusio asmens kaltę neatsižvelgiama išieškant dėl maitintojo gyvybės atėmimo atsiradusią žalą ir atlyginant laidojimo išlaidas.

3. Teismas gali sumažinti atlygintinos žalos dydį, atsižvelgdamas į žalą padariusio asmens sunkią turtinę padėtį, išskyrus atvejus, kai žala padaryta tyčia.

6.283 straipsnis. Žalos atlyginimas sveikatos sužalojimo atveju 1. Jeigu fizinis asmuo suluošintas ar kitaip sužalota jo sveikata, tai už žalą atsakingas

asmuo privalo nukentėjusiam asmeniui atlyginti visus šio patirtus nuostolius ir neturtinę žalą. 2. Nuostolius šio straipsnio 1 dalyje nurodytais atvejais sudaro negautos pajamos, kurias

nukentėjęs asmuo būtų gavęs, jeigu jo sveikata nebūtų sužalota, ir su sveikatos grąžinimu susijusios išlaidos (gydymo, papildomo maitinimo, vaistų įsigijimo, protezavimo, sužaloto asmens priežiūros, specialių transporto priemonių įsigijimo, sužaloto asmens perkvalifikavimo išlaidos bei kitos sveikatos grąžinimui būtinos išlaidos).

3. Jeigu po sprendimo dėl žalos atlyginimo priėmimo nukentėjusio asmens sveikata pablogėja, jis turi teisę pareikšti ieškinį dėl papildomų išlaidų atlyginimo, išskyrus atvejus, kai žala buvo atlyginta konkrečia vienkartine pinigų suma.

4. Šis straipsnis taikomas tik tais atvejais, kai nukentėjęs asmuo nėra apdraustas nuo nelaimingų atsitikimų darbe socialiniu draudimu įstatymų nustatyta tvarka.

6.284 straipsnis. Atsakomybė už dėl gyvybės atėmimo atsiradusią žalą 1. Fizinio asmens mirties atveju teisę į žalos atlyginimą turi asmenys, kurie buvo mirusiojo

išlaikomi arba jo mirties dieną turėjo teisę gauti iš jo išlaikymą (nepilnamečiai vaikai, sutuoktinis, nedarbingi tėvai ar kiti faktiniai nedarbingi išlaikytiniai), taip pat mirusiojo vaikas, gimęs po jo mirties. Šie asmenys taip pat turi teisę į neturtinės žalos atlyginimą.

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2. Asmenims, turintiems teisę į žalos atlyginimą netekus maitintojo, atlyginama ta mirusiojo pajamų dalis, kurią jie gavo ar turėjo teisę gauti mirusiajam esant gyvam.

3. Atlygintinos žalos dydis negali būti keičiamas, išskyrus atvejus, kai po maitintojo netekimo gimsta vaikas.

4. Šis straipsnis taikomas tik tais atvejais, kai nukentėjęs asmuo nėra apdraustas nuo nelaimingų atsitikimų darbe socialiniu draudimu įstatymų nustatyta tvarka.

6.285 straipsnis. Žalos atlyginimas fizinio asmens, kuriam nėra suėję keturiolikos metų, sveikatos sužalojimo atveju

1. Jeigu fizinis asmuo, kuriam nėra suėję keturiolikos metų ir kuris neturi savarankiškų pajamų, suluošintas arba kitaip sužalota jo sveikata, tai atsakingas už žalą asmuo privalo atlyginti išlaidas, susijusias su nukentėjusio asmens sveikatos sužalojimu, ir neturtinę žalą.

2. Kai nukentėjusiam asmeniui sueina keturiolika metų, atsakingas už žalą asmuo taip pat privalo atlyginti jam žalą, susijusią su darbingumo netekimu ar sumažėjimu, atsižvelgiant į iki sužalojimo nepilnamečio turėtus sugebėjimus, jo tėvų bei žalą padariusio asmens turtinę padėtį ir kitas bylai turinčias reikšmės aplinkybes.

3. Jeigu fizinis asmuo, kuriam nėra suėję keturiolikos metų, sveikatos sužalojimo metu turėjo savarankiškų pajamų, tai jam turi būti atlyginama tokio dydžio žala, kiek savarankiškų pajamų jis prarado dėl šio sužalojimo.

6.286 straipsnis. Atlyginimo dydžio pakeitimas nukentėjusio asmens reikalavimu, kai pasikeičia jo darbingumas

Iš dalies netekęs darbingumo nukentėjęs asmuo turi teisę bet kada reikalauti iš atsakingo už žalą asmens atitinkamai padidinti žalos atlyginimą, jeigu jo darbingumas dėl sveikatos sužalojimo paskiau sumažėjo palyginti su tuo darbingumu, kuris jam buvo likęs tuo metu, kai priteistas žalos atlyginimas, išskyrus atvejus, kai žala buvo atlyginta priteisiant konkrečią vienkartinę pinigų sumą.

6.287 straipsnis. Atlyginimo dydžio pakeitimas asmenų, iš kurių priteistas žalos atlyginimas, reikalavimu

Asmuo, iš kurio priteistas dėl suluošinimo ar kitokio sveikatos sužalojimo atsiradusios žalos atlyginimas, turi teisę reikalauti atitinkamai sumažinti priteistą atlyginimą, jeigu nukentėjusio asmens darbingumas, palyginti su tuo, kuris jam buvo likęs tuo metu, kai priteistas žalos atlyginimas, padidėja, išskyrus atvejus, kai žala buvo atlyginta priteisiant konkrečią vienkartinę pinigų sumą.

6.288 straipsnis. Žalos atlyginimo mokėjimas 1. Žala atlyginama nuo jos padarymo dienos, o jeigu žala atsirado vėliau, – nuo žalos

atsiradimo dienos. 2. Jeigu teisę į žalos atlyginimą turintys asmenys kreipiasi dėl žalos atlyginimo praėjus

trejiems metams nuo jos padarymo dienos, tai atlyginimas mokamas nuo kreipimosi dienos. 3. Su nukentėjusio asmens suluošinimu ar kitokiu sveikatos sužalojimu susijusi žala, taip

pat su gyvybės atėmimu susijusi žala atlyginama periodinėmis išmokomis arba visos žalos dydžio vienkartine išmoka. Jeigu žala atlyginama periodinėmis išmokomis, tai šios išmokos indeksuojamos teisės aktų nustatyta tvarka.

6.289 straipsnis. Žalos atlyginimas, kai pasibaigia įpareigotas atlyginti žalą juridinis asmuo ar miršta įpareigotas fizinis asmuo

1. Po įpareigoto atlyginti su fizinio asmens sveikatos sužalojimu ar gyvybės atėmimu susijusią žalą juridinio asmens reorganizavimo reikalavimai atlyginti žalą pareiškiami juridinio asmens teisių perėmėjui. Po valstybės ar savivaldybės įmonės ar įstaigos likvidavimo pareiga atlyginti žalą pereina valstybei ar savivaldybei. Kai įpareigotas asmuo miršta, reikalavimai atlyginti žalą pareiškiami jo įpėdiniams. Šie tokius reikalavimus tenkina pagal šio kodekso penktosios knygos nustatytas taisykles.

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2. Jeigu įpareigotas atlyginti dėl fizinio asmens sveikatos sužalojimo ar gyvybės atėmimo atsiradusią žalą juridinis asmuo likviduojamas, žalos atlyginimo sumos kaupiamos įstatymų nustatyta tvarka išieškant konkrečią sumą iš karto arba sudarant draudimo sutartį.

6.290 straipsnis. Socialinio draudimo išmokų įskaitymas 1. Socialinio draudimo išmokos, mokamos sveikatos sužalojimo ar gyvybės atėmimo

atvejais, yra įskaitomos į atlygintinos žalos dydį. 2. Savanoriškojo draudimo išmokos į atlygintinos žalos dydį neįskaitomos. 3. Draudimo išmokas išmokėjusios socialinio draudimo įstaigos įgyja regreso teisę į žalą

padariusį asmenį, išskyrus atvejus, kai draudimo įmokas už nukentėjusį asmenį mokėjo žalą padaręs asmuo.

6.291 straipsnis. Laidojimo išlaidų atlyginimas 1. Jeigu nukentėjęs asmuo miršta, jo laidojimo išlaidas turėjusiam asmeniui atlygina tas

asmuo, kuris yra atsakingas už žalą, susijusią su nukentėjusio asmens gyvybės atėmimu. Atlyginamos tik protingumo kriterijus atitinkančios laidojimo išlaidos.

2. Įstatymų nustatytais atvejais mokama laidojimo pašalpa įskaitoma į laidojimo išlaidas.

KETVIRTASIS SKIRSNIS ATSAKOMYBĖ UŽ ŽALĄ, ATSIRADUSIĄ DĖL NETINKAMOS KOKYBĖS

PRODUKTŲ AR PASLAUGŲ

6.292 straipsnis. Gamintojo ir paslaugų teikėjo atsakomybė 1. Gamintojas ar paslaugų teikėjas privalo atlyginti dėl netinkamos kokybės produktų ar

netinkamos kokybės paslaugų atsiradusią žalą. 2. Gamintoju laikomas galutinio produkto, produkto dalies arba žaliavų gamintojas,

paslaugų teikėjas ar kitas asmuo, kuris pažymėdamas produktą (paslaugas) savo vardu, prekės ženklu ar kitu skiriamuoju žymeniu nurodo save kaip gamintoją (paslaugų teikėją).

3. Kiekvienas asmuo, kuris dėl savo verslo importuoja į Europos ekonominės erdvės valstybių teritoriją netinkamos kokybės produktą turėdamas tikslą jį parduoti, išnuomoti ar kitaip paskirstyti, atsako kaip gamintojas.

4. Jeigu produkto gamintojo neįmanoma nustatyti, kiekvienas produktą realizavęs asmuo laikomas gamintoju, išskyrus atvejus, kai jis per protingą terminą praneša nukentėjusiam asmeniui apie produkto gamintoją arba apie produktą patiekusį asmenį. Ši taisyklė taikoma ir tais atvejais, kai produktas buvo importuotas nenurodant jo importuotojo, nors jo gamintojas žinomas.

5. Šio skirsnio normos taikomos tik tais atvejais, kai produktai (paslaugos) įsigyjami vartojimo, o ne verslo tikslais. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

6.293 straipsnis. Produkto ir paslaugų samprata 1. Šiame skirsnyje vartojamas terminas „produktas“ reiškia kiekvieną kilnojamąjį daiktą

(turtą), įskaitant pirminius žemės ūkio produktus ir žvėrieną (paukštieną), taip pat kilnojamąjį daiktą (turtą), kuris įeina į kitą kilnojamąjį ar nekilnojamąjį daiktą. Produktu laikoma ir elektros energija.

2. Šiame skirsnyje vartojamas terminas „paslauga“ reiškia veiklą, kuria tenkinamas konkretus materialus ar nematerialus vartotojo poreikis, išskyrus sveikatos priežiūros, teisines, švietimo, šiluminės energijos, dujų, vandens tiekimo, nuotėkų šalinimo ir transporto paslaugas.

6.294 straipsnis. Netinkamos kokybės samprata 1. Produktas (paslaugos) yra netinkamos kokybės, jeigu jis neatitinka saugos reikalavimų,

kurių protingai gali tikėtis vartotojas. Ar produktas (paslaugos) yra tinkamos ar netinkamos kokybės, nustatoma atsižvelgiant į:

1) nurodomas produkto (paslaugų) savybes (reklamą); 2) tai, ar produktą (paslaugas) galima naudoti tam, kam tikimasi jį naudoti; 3) laiką, kai produktas (paslaugos) buvo išleistas į apyvartą;

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4) produkto (paslaugų) konstrukcinius, receptinius ar kitokius trūkumus; 5) kitas aplinkybes. 2. Negalima produkto laikyti netinkamos kokybės tik dėl to, kad vėliau į apyvartą išleistas

geresnis produktas.

6.295 straipsnis. Atsakomybės sąlygos Žala atlyginama, jeigu nukentėjęs asmuo įrodo, kad žalos padaryta, kad produktas

(paslauga) yra netinkamos kokybės ir kad egzistuoja priežastinis netinkamos kokybės ir nuostolių ryšys.

6.296 straipsnis. Solidarioji atsakomybė Jeigu žala atsirado dėl kelių asmenų (pavyzdžiui, netinkamos kokybės produkto gamintojo

ir asmens, įkomponavusio šį produktą į kitą daiktą) veiksmų, šie asmenys atsako solidariai.

6.297 straipsnis. Nukentėjusio asmens kaltė Jeigu nukentėjęs ar turintis teisę reikalauti žalos atlyginimo asmuo dėl savo kaltės

prisidėjo prie žalos atsiradimo ar padidėjimo, žalos atlyginimo dydis gali būti sumažintas arba žala apskritai gali būti neatlyginama atsižvelgiant į visas bylos aplinkybes.

6.298 straipsnis. Atleidimas nuo atsakomybės 1. Gamintojas atleidžiamas nuo atsakomybės, jeigu įrodo, kad: 1) ne jis išleido produktą į apyvartą; 2) atsižvelgiant į aplinkybes, yra pagrindas manyti, kad produktas išleidimo į apyvartą

metu nebuvo netinkamos kokybės arba kad kokybė pablogėjo vėliau; 3) produktas nebuvo pagamintas turint tikslą jį parduoti, išnuomoti ar kitaip paskirstyti

verslo tikslais arba nebuvo pagamintas ar paskirstytas gamintojo ūkinės veiklos metu; 4) produkto kokybė pablogėjo dėl atitinkamų valstybės institucijų nustatytų privalomų

taisyklių laikymosi; 5) mokslo ir techninių žinių lygis produkto išleidimo į apyvartą metu nebuvo toks, kad

leistų nustatyti netinkamą kokybę; 6) jo pagamintas produktas buvo įkomponuotas į kitą produktą ir žala atsirado dėl kito

produkto konstrukcijos arba dėl viso produkto gamintojo pateiktų vartojimo taisyklių. 2. Gamintojo atsakomybė nemažinama, jeigu žala atsirado ir dėl netinkamos produkto

kokybės, ir dėl trečiojo asmens veiksmų ar neveikimo. 3. Gamintojo atsakomybė gali būti sumažinta arba jis gali būti visiškai atleistas nuo

atsakomybės, jeigu atsižvelgiant į visas aplinkybes žala atsirado ir dėl netinkamos produkto kokybės, ir dėl nukentėjusio ar kito asmens, už kurį šis atsako, kaltės.

4. Įstatymai gali nustatyti kitas paslaugų teikėjo atleidimo nuo atsakomybės sąlygas, negu nustatyta šio straipsnio 1 dalyje. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

6.299 straipsnis. Atlygintina žala 1. Šiame skirsnyje vartojamas terminas „žala“ reiškia: 1) dėl gyvybės atėmimo ar sveikatos sužalojimo atsiradusią žalą, įskaitant neturtinę; 2) nukentėjusio asmens turtui, kuris yra skirtas ir paprastai buvo naudojamas asmeniniams

poreikiams tenkinti, išskyrus patį netinkamos kokybės produktą, padarytą žalą, ne mažesnę kaip 500 eurų atitinkančią sumą pagal įstatymų nustatyta tvarka skelbiamą oficialų euro ir lito santykį. Ši suma netaikoma, kai žala atsirado dėl netinkamos kokybės paslaugų.

2. Šio skirsnio nuostatos netaikomos atlyginant branduolinę žalą. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

6.300 straipsnis. Ieškinio senatis

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1. Ieškiniai dėl nuostolių (žalos), atsiradusių vartojant netinkamos kokybės produktus (paslaugas), gali būti pareiškiami per trejus metus nuo tos dienos, kurią nukentėjęs asmuo sužinojo arba turėjo sužinoti apie jam padarytą žalą, trūkumą ir kas yra gamintojas.

2. Teisė pareikšti šio straipsnio 1 dalyje nurodytą ieškinį išnyksta suėjus dešimties metų terminui nuo tos dienos, kurią produkto gamintojas išleido žalos padariusį produktą į apyvartą.

PENKTASIS SKIRSNIS DĖL KLAIDINANČIOS REKLAMOS ATSIRADUSIOS

ŽALOS ATLYGINIMAS

6.301 straipsnis. Klaidinančios reklamos samprata 1. Pagal šį skirsnį klaidinančia reklama laikoma bet kokios formos ir bet kokiomis

perdavimo priemonėmis skleidžiama su ūkine komercine, finansine ar profesine veikla susijusi informacija, kuria siekiama skatinti prekių ar paslaugų, įskaitant nekilnojamuosius daiktus, teises ir pareigas, pardavimą (teikimą), kai ji bet kokiu būdu, įskaitant ir jos pateikimo būdą, klaidina arba gali suklaidinti asmenis, kuriems ji skirta arba kuriuos ji pasiekia, ir kai dėl jos klaidinančio pobūdžio atsirado žalos.

2. Vertinant, ar žalą lėmusi reklama yra klaidinanti, atsižvelgiama į jos teisingumą, visapusiškumą ir pateikimo kriterijus:

1) reklamoje skelbiami teiginiai yra neteisingi, jeigu reklamos davėjas negali jų teisingumo pagrįsti reklamos skelbimo metu. Ar pakanka teiginių teisingumą pagrindžiančių duomenų, sprendžiama kiekvienu konkrečiu atveju atsižvelgiant į konkrečios bylos aplinkybes. Skelbiamų teiginių teisingumą pagrindžiančiais duomenimis nelaikomi asmenų, kurių veikla nesusijusi su skleidžiama informacija, parodymai;

2) reklamos skleidžiama informacija yra nevisapusiška, jeigu praleista tam tikra informacijos dalis, kurią paskelbti atsižvelgiant į kitą toje reklamoje esančią informaciją būtina, kad nebūtų suklaidinti reklamos vartotojai;

3) reklamos pateikimo būdas ar forma yra tokie, kad jos vartotojai gali suvokti reklamoje esantį numanomą klaidinantį teiginį;

4) reklamos vartotojai pagal reklamos pateikimo būdą ir formą susidaro nuomonę, kad skleidžiama informacija yra teisinga, visapusiška, ir priima tokius sprendimus, kurių atitinkamomis aplinkybėmis galima tikėtis iš eilinio reklamos vartotojo.

3. Sprendžiant, ar reklama yra klaidinanti, turi būti atsižvelgiama į joje esančią informaciją apie:

1) reklamos davėją ar kitą asmenį, jų veiklą, buveinę, firmos vardą, prekės ar paslaugos ženklą, autorines teises ar gretutines teises, patentus, licencijas ir pan.;

2) prekes ir paslaugas – jų gamybos vietą ar kilmę, prekės gamintojo ar paslaugų tiekėjo identiškumą, patyrimą ar kvalifikaciją, pagaminimo laiką, gamybos būdą, paskirtį, kiekį, sudėtį, energetinę vertę, vartojamąsias savybes, atitikimą paskirčiai ir tinkamumą vartoti (naudoti), patikros laiką, vietą, būdą bei įvertinimus, vartojimo (naudojimo) būdą, prekių (paslaugų) ir nustatyto standarto atitikimą, sertifikavimą, oficialų prekės pripažinimą ir apdovanojimą mugėse, parodose, premijas, dovanas ar prizus, suteiktus už įsigyjamas prekes ar paslaugas, arba panaudotus mokslinius ar profesinius terminus arba bandymų techninius ar statistinius duomenis ir pan.;

3) prekių (paslaugų) įsigijimo ir vartojimo (naudojimo) sąlygas – kainą ar jos apskaičiavimo būdą, mokėjimo sąlygas, garantijas, pristatymo, keitimo, remonto, aptarnavimo, grąžinimo sąlygas, pardavimo ar tiekimo mastą, specialiosios ofertos priežastį ar tikslą ir pan.;

4) prekių ar paslaugų lyginimą (gretinimą) su kitomis prekėmis ar paslaugomis.

6.302 straipsnis. Atsakomybės subjektas 1. Už žalą, atsiradusią dėl klaidinančios reklamos, atsako reklamos davėjas, reklamos

gamintojas, reklamos tarpininkas arba reklamos skleidėjas. 2. Reklamos davėjas atsako, jeigu neįrodo, kad žala atsirado ne dėl jo kaltės. 3. Reklamos gamintojas, tarpininkas ar skleidėjas atsako už dėl klaidinančios reklamos

atsiradusią žalą tik tuo atveju, jeigu jie žinojo ar turėjo žinoti, kad reklama yra klaidinanti, arba

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vartotojai klaidinami dėl jų veiksmų gaminant ar skelbiant reklamą, arba reklamos gamintojas, tarpininkas ar skleidėjas neįrodo, kas buvo reklamos davėjas (gamintojas).

6.303 straipsnis. Atsakomybės sąlygos Šio kodekso 6.302 straipsnyje nurodyti asmenys atsako už žalą, atsiradusią dėl

klaidinančios reklamos, jeigu neįrodo, kad paskleista informacija atitinka tikrovę ir kad dėl informacijos turinio arba jos paskelbimo ir atsiradusios žalos nėra jų kaltės.

6.304 straipsnis. Klaidinančios reklamos uždraudimas ir paneigimas Suinteresuotų asmenų prašymu teismas, nagrinėjantis žalos atlyginimo bylą, gali uždrausti

toliau skleisti klaidinančią reklamą arba uždrausti skleisti parengtą, bet dar nepaskleistą klaidinančią reklamą, taip pat įpareigoti klaidinančią reklamą viešai ir adekvačiai paneigti.

IV DALIS ATSKIROS SUTARČIŲ RŪŠYS

XXIII SKYRIUS PIRKIMAS–PARDAVIMAS

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

6.305 straipsnis. Pirkimo–pardavimo sutarties samprata 1. Pirkimo–pardavimo sutartimi viena šalis (pardavėjas) įsipareigoja perduoti daiktą

(prekę) kitai šaliai (pirkėjui) nuosavybės ar patikėjimo teise, o pirkėjas įsipareigoja priimti daiktą (prekę) ir sumokėti už jį nustatytą pinigų sumą (kainą).

2. Vertybinių popierių, valiutinių vertybių pirkimui–pardavimui taikomos šio skyriaus normos, jeigu kiti įstatymai nenustato specialių jų pirkimo–pardavimo taisyklių.

3. Atskirų rūšių daiktų (prekių) pirkimo–pardavimo ypatumus gali nustatyti atitinkami įstatymai.

4. Šio skyriaus normos taikomos turtinių teisių pirkimui – pardavimui tiek, kiek tai neprieštarauja šių teisių prigimčiai ir esmei.

6.306 straipsnis. Pirkimo–pardavimo sutarties dalykas 1. Pirkimo–pardavimo sutarties dalyku gali būti neišimti iš apyvartos daiktai, kuriuos

pardavėjas jau turi ar kurie gali būti sukurti ar pardavėjo įgyti ateityje, vertybiniai popieriai ir kitokie daiktai bei turtinės teisės.

2. Pirkimo–pardavimo sutarties dalyku taip pat gali būti prieauglis, derlius ir kiti atsirandantys daiktai.

3. Pirkimo–pardavimo sutarties dalykas gali būti apibūdintas tiek pagal individualius požymius, tiek pagal rūšį.

4. Pirkimo–pardavimo sutarties sąlyga dėl sutarties dalyko laikoma suderinta, jeigu sutarties turinys leidžia nustatyti daikto (prekės) pavadinimą ir kiekį.

6.307 straipsnis. Pardavėjui nepriklausančio daikto pardavimas 1. Pirkimo–pardavimo sutartis, pagal kurią pardavėjas parduoda jam nepriklausantį daiktą

nebūdamas daikto savininko įgaliotas ar neturėdamas tam teisės pagal įstatymus, gali būti pripažinta negaliojančia pagal daikto savininko, valdytojo arba pirkėjo ieškinį.

2. Tokia pirkimo–pardavimo sutartis nėra negaliojanti, jeigu pardavėjas pirkimo– pardavimo sutarties įvykdymo metu tapo parduodamo daikto savininku.

3. Jeigu sutartis negaliojančia pripažinta šio straipsnio 1 dalyje numatytu pagrindu, daiktas grąžinamas savininkui, išskyrus atvejus, numatytus šio kodekso 4.96 straipsnyje.

6.308 straipsnis. Draudimas pirkti ir parduoti daiktą

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1. Asmuo, kuriam pavesta parduoti kito asmens daiktą, neturi teisės to daikto pirkti nei tiesiogiai, nei per tarpininkus, išskyrus įstatymų nustatytas išimtis. Šis draudimas taikomas ir asmeniui, administruojančiam kito asmens turtą pagal šio kodekso ketvirtosios knygos nuostatas.

2. Asmuo, administruojantis kito asmens turtą, neturi teisės parduoti savo turto, jeigu šio turto kaina apmokama iš jo administruojamo turto.

3. Šio straipsnio 1 ir 2 dalyse nurodyti asmenys neturi teisės reikalauti pripažinti negaliojančia pirkimo–pardavimo sutartį, sudarytą pažeidžiant šiame straipsnyje nustatytas taisykles.

6.309 straipsnis. Įsipareigojimas parduoti ar pirkti daiktą 1. Laikoma, kad įsipareigojimas parduoti daiktą kartu perduodant daiktą būsimajam

pirkėjui valdyti yra to daikto pirkimas–pardavimas. 2. Pinigų sumos sumokėjimas parduoti daiktą įsipareigojusiam asmeniui pripažįstamas

dalies kainos sumokėjimu (avansu), jeigu šalys nėra susitarusios kitaip. 3. Kai pirkti ar parduoti daiktą įpareigojęs asmuo atsisako įforminti sutartį įstatymų

nustatyta forma, kita šalis turi teisę teismo tvarka reikalauti patvirtinti sutarties sudarymą.

6.310 straipsnis. Pirkimopardavimo sutarties sudarymo išlaidos 1. Pirkimopardavimo sutarties sudarymo išlaidos tenka pirkėjui, jeigu šalys nesusitaria

kitaip. 2. Daiktų pristatymo, jų svėrimo ir perskaičiavimo (kiekio patikrinimo) išlaidos tenka

pardavėjui, jeigu šalys nėra susitarusios kitaip. 3. Daiktų priėmimo, daiktų perdavimo–priėmimo dokumento sudarymo išlaidos tenka

pirkėjui.

6.311 straipsnis. Pirkimopardavimo sutarties forma Pirkimo–pardavimo sutarties formą nustato sandorių sudarymo formos taisyklės.

Atskiroms pirkimo–pardavimo sutartims įstatymai gali nustatyti specialias jų sudarymo taisykles.

6.312 straipsnis. Pirkimo–pardavimo sutartis, kurioje yra sąlyga dėl parduodamo daikto naudojimo

1. Asmuo, parduodamas daiktą, gali nustatyti sąlygą, kad tas daiktas turi būti naudojamas tam tikram tikslui nepažeidžiant kitų asmenų teisių ir teisėtų interesų.

2. Jeigu pirkėjas nevykdo pirkimo–pardavimo sutartyje nustatytos sąlygos, tai pardavėjas teismo tvarka turi teisę reikalauti, kad sąlyga būtų įvykdyta arba kad būtų nutraukta sutartis, daiktas grąžintas jam ir atlyginti nuostoliai.

6.313 straipsnis. Kaina 1. Parduodamo daikto kaina nustatoma pinigais šalių susitarimu. 2. Tais atvejais, kai pirkimo–pardavimo sutartyje nei tiesiogiai, nei netiesiogiai nenustatyta

kaina ar nenurodyta tvarka jai nustatyti ir šalys nėra susitarusios kitaip, laikoma, kad šalys turėjo omenyje kainą, kuri sutarties sudarymo metu buvo įprastai toje prekybos srityje mokama už tokius pat daiktus, parduodamus atitinkamomis aplinkybėmis, o jeigu ši kaina neegzistuoja, – protingumo kriterijus atitinkanti kaina.

3. Kai kaina turi būti nustatyta pagal daiktų svorį, ji nustatoma pagal neto svorį, jeigu šalys nėra susitarusios kitaip.

4. Jeigu kainą turi nustatyti viena šalis ir tokiu būdu nustatyta kaina aiškiai neatitinka protingumo kriterijų, tai nepaisant šalių susitarimų sutarties kaina turi būti pakeista atitinkančia protingumo kriterijus kaina.

5. Kai kainą turi nustatyti trečiasis asmuo, bet jis to nedaro ar negali padaryti, laikoma, kad protingumo kriterijus atitinkanti kaina yra sutarties kaina.

6. Kai kaina turi būti nustatyta remiantis kriterijais, kurių nėra ar kurie išnyko arba negali būti nustatyti, kaina nustatoma remiantis artimiausios reikšmės kriterijais.

7. Jeigu sutartyje numatyta, kad kaina turi būti keičiama atsižvelgiant į tam tikrus kainai įtakos turinčius rodiklius (savikainą, išlaidas ir t. t.), tačiau nenurodyta kainos pakeitimo tvarka, tai kaina nustatoma atsižvelgiant į šių rodiklių santykį sutarties sudarymo ir daikto perdavimo metu.

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Kai pardavėjas praleidžia daikto perdavimo terminą, kaina nustatoma atsižvelgiant į šių rodiklių santykį sutarties sudarymo ir daikto perdavimo metu, numatytu sutartyje.

6.314 straipsnis. Kainos sumokėjimas 1. Jeigu pirkėjas neįpareigotas sumokėti kainą konkrečioje vietoje, jis privalo sumokėti ją

pardavėjui daiktų perdavimo vietoje. 2. Jeigu pirkėjas neįpareigotas sumokėti kainą konkrečiu laiku, jis privalo ją sumokėti, kai

pardavėjas pagal sutartį ar šį kodeksą perduoda pirkėjui daiktus arba disponavimo jais dokumentus.

3. Pirkėjas neturi pareigos sumokėti kainą, kol jis neturėjo galimybės patikrinti daiktus, išskyrus atvejus, kai šalių susitarimas numato ką kita.

4. Jeigu sutartyje nenumatyta ko kita, pirkėjas privalo iš karto sumokėti visą kainą. 5. Kai pirkėjas laiku nesumoka už jam perduotus daiktus, pardavėjas turi teisę reikalauti iš

pirkėjo sumokėti kainą bei įstatymų ar sutarties nustatytas palūkanas. 6. Kai pirkėjas atsisako priimti daiktus ir už juos sumokėti, pardavėjas gali savo nuožiūra

reikalauti sumokėti kainą arba atsisakyti vykdyti sutartį. 7. Kai pardavėjas pagal sutartį turi perduoti pirkėjui ne tik daiktus, už kuriuos pirkėjas dar

nesumokėjo, bet ir kitus daiktus, šių daiktų perdavimą pardavėjas gali sustabdyti, kol pirkėjas visiškai sumokės už anksčiau perduotus daiktus, jeigu įstatymai ar sutartis nenumato ko kita.

6.315 straipsnis. Išankstinis mokėjimas už daiktus 1. Jeigu sutartis numato, kad pirkėjas visą ar dalį kainos turi sumokėti iki daiktų

perdavimo jam (išankstinis mokėjimas), tai pirkėjas kainą privalo sumokėti sutartyje nustatytu laiku.

2. Jeigu pirkėjas iš anksto kainos nesumoka, pardavėjas turi teisę sustabdyti sutarties vykdymą.

3. Kai išankstinę įmoką gavęs pardavėjas nustatytu laiku neperduoda pirkėjui daiktų, šis turi teisę reikalauti, kad pardavėjas jam perduotų daiktus arba grąžintų sumokėtą sumą.

4. Kai išankstinę įmoką gavęs pardavėjas nustatytu laiku neperduoda daiktų pirkėjui, jis privalo už gautą sumą mokėti įstatymų arba sutarties nustatytas palūkanas, jeigu sutartis nenumato ko kita. Palūkanos pradedamos skaičiuoti nuo tos dienos, kurią pardavėjas privalėjo perduoti daiktus, ir mokamos iki tos dienos, kurią daiktai faktiškai perduodami pirkėjui arba jam grąžinama sumokėta kaina.

6.316 straipsnis. Daiktų draudimas 1. Pirkimopardavimo sutartis gali nustatyti pardavėjo arba pirkėjo pareigą apdrausti

daiktus. 2. Jeigu apdrausti daiktus privalanti sutarties šalis šios pareigos nevykdo, kita šalis turi

teisę apdrausti daiktus ir pareikalauti atlyginti jų draudimo išlaidas arba atsisakyti vykdyti sutartį.

ANTRASIS SKIRSNIS BENDROSIOS PARDAVĖJO PAREIGOS IR TEISĖS

6.317 straipsnis. Pardavėjo pareiga perduoti daiktus 1. Pardavėjas privalo pagal pirkimo–pardavimo sutartį perduoti daiktus pirkėjui, t. y. jam

valdyti nuosavybės (patikėjimo) teise, ir patvirtinti nuosavybės teisę į daiktus bei jų kokybę. 2. Pardavėjo garantija (patvirtinimas) dėl daiktų nuosavybės teisės ir jų kokybės yra,

nepaisant to, ar tokia garantija pirkimo–pardavimo sutartyje numatyta, ar ne (garantija pagal įstatymą).

3. Jeigu sutartis nenumato ko kita, pardavėjas privalo perduoti daiktus kartu su jų priklausiniais ir priedais tokios būklės, kokia buvo pirkimo–pardavimo sutarties sudarymo metu.

4. Laikoma, kad pardavėjo pareiga perduoti daiktus įvykdyta, kai pardavėjas perduoda daiktus pirkėjui valdyti arba sutinka, kad pirkėjas pradėtų daiktus valdyti, ir pašalintos bet kokios pirkėjo valdymo teisės kliūtys.

5. Daiktų perdavimo išlaidos tenka pardavėjui, jeigu sutartis nenumato ko kita.

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6. Jeigu pirkimopardavimo sutartis numato, kad pirkėjas kainą sumoka tik po daiktų perdavimo, o po sutarties sudarymo jis tapo nemokus, tai pardavėjas perduoti daiktų neprivalo.

6.318 straipsnis. Daiktų ir dokumentų perdavimo vieta ir momentas 1. Pardavėjas kartu su daiktais privalo perduoti su jais susijusius dokumentus ir

nuosavybės teisę į daiktus patvirtinančius dokumentus, kai to reikalauja sutartis ar šis kodeksas. Jeigu šie dokumentai reikalingi pačiam pardavėjui kitoms su parduodamais daiktais nesusijusioms teisėms įgyvendinti, tai pardavėjas privalo perduoti pirkėjui nustatyta tvarka patvirtintas dokumentų kopijas.

2. Jeigu pardavėjas neįpareigotas perduoti daiktų konkrečioje vietoje, tai daiktų perdavimu laikoma:

1) kai pirkimo–pardavimo sutartis numato daiktų gabenimą, – daiktų įteikimas pirmam vežėjui, kad šis juos perduotų pirkėjui, jeigu sutartyje nenumatyta ko kita;

2) kai šios dalies 1 punkte nenurodytais atvejais daiktus reikia paimti iš tam tikrų atsargų arba pagaminti ir šalys sutarties sudarymo metu apie tai žinojo, – daiktų pateikimas pirkėjui ar jo nurodytam asmeniui disponuoti daiktų atsargų buvimo arba gaminimo vietoje;

3) šios dalies 1 ir 2 punktuose nenurodytais atvejais – daiktų pateikimas pirkėjui toje vietoje, kurioje sutarties sudarymo metu buvo pardavėjo verslo ar gyvenamoji vieta arba kurioje daiktai pateikiami pirkėjo nurodytam asmeniui.

3. Daikto duodami vaisiai ir pajamos priklauso pirkėjui nuo daikto perdavimo.

6.319 straipsnis. Daiktų perdavimo terminas 1. Pardavėjas privalo perduoti daiktus pirkėjui pirkimo–pardavimo sutartyje numatytu

laiku. Jeigu perdavimo terminas sutartyje nenurodytas, daiktai turi būti perduoti per protingą terminą po sutarties sudarymo. Šiuo atveju atitinkamai taikomas šio kodekso 6.53 straipsnis.

2. Laikoma, kad pirkimo–pardavimo sutartyje yra sąlyga dėl jos įvykdymo tiksliai nustatytu laiku, jeigu iš sutarties turinio aiškiai matyti, kad pažeidus šį terminą pirkėjas praranda interesą sutarčiai. Jeigu tokia sąlyga yra, pardavėjas turi teisę įvykdyti sutartį iki termino pabaigos arba jam pasibaigus tik tai atvejais, kai pirkėjas sutinka.

6.320 straipsnis. Daiktų atsitiktinio žuvimo ar sugedimo rizika 1. Jeigu kas kita nenumatyta pirkimo–pardavimo sutartyje, daiktų atsitiktinio žuvimo ar jų

sugedimo rizika pereina pirkėjui nuo to momento, nuo kurio pagal įstatymus ar sutartį pardavėjas laikomas tinkamai įvykdžiusiu savo pareigą perduoti daiktus, neatsižvelgiant į nuosavybės teisės perėjimo momentą.

2. Daiktų, parduotų juos gabenant, atsitiktinio žuvimo ar sugedimo rizika pereina pirkėjui nuo pirkimo–pardavimo sutarties sudarymo, jeigu sutartis ar prekybos papročiai nenumato ko kita.

3. Sutarties sąlyga, kad daiktų atsitiktinio žuvimo ar sugedimo rizika pereina pirkėjui nuo daiktų perdavimo pirmam vežėjui, pirkėjo reikalavimu gali būti pripažinta negaliojančia, jeigu pirkimo–pardavimo sutarties sudarymo metu pardavėjas žinojo ar turėjo žinoti, kad daiktai prarasti ar sugedę, tačiau apie tai pirkėjui nepranešė.

4. Jeigu daiktas po jo perdavimo žuvo ar sugedo ne dėl pardavėjo kaltės, pirkėjas privalo sumokėti kainą pardavėjui. Ši taisyklė taikoma ir tais atvejais, kai pardavėjas negalėjo perduoti daikto pirkėjui dėl to, kad pastarasis nepakankamai bendradarbiavo su pardavėju ir tokiu būdu pažeidė sutartį.

5. Kai sutarties dalykas yra pagal rūšies požymius apibūdinti daiktai ir pirkėjas nepriima daiktų ar kitaip pažeidžia sutartį, jų atsitiktinio žuvimo ar sugedimo rizika pereina pirkėjui nuo to momento, kai pardavėjas konkrečiai įvardija (individualizuoja) daiktus ir apie tai praneša pirkėjui.

6. Jeigu pirkėjas pareiškia pagrįstą ieškinį dėl sutarties pripažinimo negaliojančia arba daikto pakeitimo, tai daiktų atsitiktinio žuvimo ar sugedimo rizika tenka pardavėjui.

7. Jeigu daiktų atsitiktinio žuvimo ar sugedimo rizika tenka pardavėjui ir po jų perdavimo pirkėjui, tai pardavėjas atsako už daiktų žuvimą ar sugedimą, nors tai būtų atsitikę dėl pirkėjo veiksmų. Tačiau pirkėjas nuo to momento, kai jis protingai galėjo numatyti, kad privalo grąžinti daiktus pardavėjui, atsako už jų saugojimą kaip atidus saugotojas.

6.321 straipsnis. Pardavėjo pareiga patvirtinti daiktų nuosavybės teisę

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1. Pardavėjas privalo patvirtinti, kad į perduodamus daiktus tretieji asmenys neturi jokių teisių ar pretenzijų, išskyrus atvejus, kai pirkėjas iš anksto sutiko priimti daiktus, kurie yra tokių teisių ar pretenzijų objektai, o pardavėjas apie jas tinkamai pranešė pirkėjui.

2. Pardavėjas privalo panaikinti perduodamų daiktų įkeitimą (hipoteką) nepaisydamas to, ar įkeitimas (hipoteka) buvo įregistruotas ar ne, išskyrus atvejus, kai pirkėjas, iš pardavėjo gavęs tinkamą informaciją, sutinka pirkti daiktus, teisės į kuriuos yra suvaržytos tokiu būdu.

3. Pardavėjas privalo patvirtinti pirkėjui, kad perduodami daiktai neareštuoti ir kad jie nėra teisminio ginčo objektas, taip pat kad pardavėjo teisė disponuoti daiktais neatimta ar neapribota.

4. Nekilnojamojo daikto pardavėjas privalo patvirtinti pirkėjui, kad nėra jokių viešosios teisės pažeidimų ar apribojimų, kurie galėtų turėti įtakos pirkėjo nuosavybės teisei į tą daiktą.

5. Tais atvejais, kai pardavėjas tinkamai pranešė pirkėjui apie trečiųjų asmenų teises į perduodamus daiktus ar šių teisių suvaržymą sutarties sudarymo metu, taip pat kai trečiųjų asmenų teisės ar jų suvaržymas buvo įregistruoti viešame registre, pirkėjas negali remtis aplinkybe, kad pardavėjas pažeidė savo pareigas.

6. Kai pardavėjas pažeidžia šio straipsnio 1–4 dalyse nurodytas savo pareigas, pirkėjas turi teisę reikalauti sumažinti kainą arba nutraukti sutartį, jeigu pardavėjas neįrodo, kad pirkėjas žinojo arba turėjo žinoti apie trečiųjų asmenų teises į daiktus ar šių teisių suvaržymą.

6.322 straipsnis. Pardavėjo ir pirkėjo pareigos, kai trečiasis asmuo pareiškia ieškinį dėl daikto paėmimo

1. Jeigu trečiasis asmuo iki pirkimo–pardavimo sutarties įvykdymo atsiradusiu pagrindu pareiškia pirkėjui ieškinį dėl daikto paėmimo, tai pirkėjas privalo patraukti pardavėją dalyvauti byloje, o pardavėjas privalo įstoti į tą bylą pirkėjo pusėje.

2. Kai pirkėjas nepatraukia pardavėjo dalyvauti byloje, pardavėjas atleidžiamas nuo atsakomybės pirkėjui, jeigu įrodo, kad dalyvaudamas byloje jis būtų galėjęs užkirsti kelią parduoto daikto paėmimui iš pirkėjo.

3. Pardavėjas, kuris buvo pirkėjo patrauktas dalyvauti byloje, bet joje nedalyvavo, netenka teisės įrodinėti, kad pirkėjas netinkamai atliko procesinius veiksmus.

6.323 straipsnis. Pardavėjo atsakomybė, kai parduotas daiktas atiteisiamas iš pirkėjo 1. Kai parduotą daiktą teismas dėl pagrindų, atsiradusių iki sutarties įvykdymo, atiteisia iš

pirkėjo, tai pardavėjas privalo pirkėjui grąžinti sumokėtą kainą ir atlyginti šio turėtus nuostolius, jeigu pardavėjas neįrodo, kad pirkėjas apie tokius pagrindus žinojo ar turėjo žinoti.

2. Šalių susitarimas panaikinti arba apriboti šią pardavėjo atsakomybę negalioja, jeigu pardavėjas, žinodamas, kad trečiasis asmuo turi teisių į parduodamą daiktą, neįspėja apie tai pirkėjo.

6.324 straipsnis. Pareigos perduoti daiktus neįvykdymo pasekmės 1. Jeigu pardavėjas nepagrįstai atsisako perduoti daiktus pirkėjui, šis turi teisę atsisakyti

vykdyti pirkimo–pardavimo sutartį ir reikalauti atlyginti nuostolius. 2. Kai pardavėjas atsisako perduoti pagal individualius požymius apibūdinamą daiktą,

pirkėjas gali taikyti šio kodekso 6.60 ir 6.213 straipsniuose numatytas gynybos priemones.

6.325 straipsnis. Pareigos perduoti daiktų priklausinius, priedus ir dokumentus neįvykdymo pasekmės

1. Jeigu pardavėjas neperduoda arba atsisako perduoti pirkėjui daiktų priklausinius, priedus ar dokumentus, kuriuos jis pagal sutartį ar įstatymus privalo perduoti, tai pirkėjas turi teisę nustatyti pardavėjui protingą terminą šiai prievolei įvykdyti.

2. Jeigu pardavėjas savo prievolės neįvykdo per pirkėjo nustatytą terminą, pirkėjas turi teisę atsisakyti priimti daiktus, jeigu sutartis nenumato ko kita.

6.326 straipsnis. Pardavėjo pareiga saugoti parduotus daiktus 1. Kai nuosavybės teisė arba patikėjimo teisė pereina pirkėjui iki parduotų daiktų

perdavimo, pardavėjas privalo iki perdavimo daiktus saugoti ir neleisti jiems pablogėti. 2. Su daiktų saugojimu susijusias būtinas išlaidas pirkėjas privalo pardavėjui atlyginti,

jeigu sutartis nenumato ko kita.

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6.327 straipsnis. Reikalavimai daiktui 1. Parduodamų daiktų kokybė, kiekis ir kiti kriterijai turi atitikti sutarties sąlygas, o jeigu

sutartyje nėra nurodymų, – įprastus reikalavimus. 2. Pardavėjas neatsako pagal šio straipsnio 1 dalies reikalavimus už bet kokį daiktų

neatitikimą, jeigu sutarties sudarymo metu pirkėjas žinojo arba negalėjo nežinoti apie tokį neatitikimą.

3. Pardavėjas pagal sutartį ir šį kodeksą atsako už bet kokį neatitikimą, kuris buvo nuosavybės teisės perėjimo pirkėjui momentu, net jeigu tas neatitikimas paaiškėja vėliau.

4. Pardavėjas atsako už bet kokį neatitikimą, kuris atsiranda po šio straipsnio 3 dalyje nurodyto momento ir kuris yra bet kokios pardavėjo prievolės pažeidimo pasekmė, įskaitant garantijos, kad tam tikrą laiką prekės bus tinkamos naudoti pagal jų įprastą ar specialiai nurodytą paskirtį arba išlaikys aptartas savybes ar charakteristikas, pažeidimą.

5. Pirkėjas netenka teisės remtis daiktų neatitikimu, jeigu jis per protingą laiką po to, kai neatitikimą pastebėjo ar turėjo pastebėti, apie tai nepraneša pardavėjui ir nenurodo, kokių reikalavimų daiktas neatitinka.

6.328 straipsnis. Daiktų patikrinimo teisė 1. Jeigu šalys nesusitarė kitaip, pirkėjas nuo pirkimo–pardavimo sutarties sudarymo ar nuo

ofertos pateikimo turi teisę prieš mokėdamas ar prieš priimdamas daiktus juos patikrinti bet kokioje vietoje, bet kokiu laiku ar metodu, kurie atitinka protingumo kriterijus.

2. Jeigu šalys nesusitarė kitaip, daiktų patikrinimo išlaidos tenka pirkėjui. Pirkėjas turi teisę reikalauti, kad pardavėjas atlygintų patikrinimo išlaidas, jei patikrinimo metu nustatyta, kad daiktas neatitinka jam keliamų reikalavimų.

6.329 straipsnis. Daiktų kiekis 1. Daiktų, kuriuos pardavėjas privalo perduoti pirkėjui, kiekis nustatomas pirkimo–

pardavimo sutartyje svorio, kiekio, tūrio ar kitais matais arba pinigais. Sutarties sąlyga dėl daiktų kiekio gali būti šalių suderinta numatant sutartyje tik kiekio nustatymo tvarką. Jeigu sutartis pradėta vykdyti, laikoma, kad ji sudaryta dėl tokio daiktų kiekio, kiek jų pirkėjas faktiškai priėmė.

2. Jeigu iš pirkimo–pardavimo sutarties turinio ir ją aiškinant neįmanoma nustatyti perduotinų daiktų kiekio, laikoma, kad sutartis nesudaryta.

6.330 straipsnis. Sutarties sąlygos dėl daiktų kiekio pažeidimo teisinės pasekmės 1. Kai pardavėjas, pažeisdamas sutartį, perduoda pirkėjui mažesnį, negu nurodyta

pirkimo–pardavimo sutartyje, daiktų kiekį, pirkėjas turi teisę, jeigu kas kita nenumatyta sutartyje, arba reikalauti perduoti jam trūkstamus daiktus, arba atsisakyti priimti daiktus ir sumokėti kainą, o jei kaina jau sumokėta, – reikalauti ją grąžinti ir atlyginti nuostolius.

2. Jeigu pardavėjas perduoda pirkėjui daugiau, negu sutartyje nurodyta, daiktų, pirkėjas privalo apie tai pranešti pardavėjui per įstatymuose ar sutartyje numatytą terminą, o jei terminas nenustatytas, – per protingą terminą. Kai tokį pirkėjo pranešimą gavęs pardavėjas per protingą terminą nenurodo ką daryti, tai pirkėjas, jeigu kas kita nenumatyta sutartyje, turi teisę priimti visus daiktus arba atsisakyti priimti tuos, kurie viršija sutartyje nustatytą kiekį.

3. Jeigu pirkėjas priima daiktus, kurių kiekis viršija sutartyje nurodytą kiekį, tai už papildomai priimtus daiktus mokama tokia pat kaina, kuri nustatyta sutartyje, jeigu šalys nėra susitarusios kitaip.

6.331 straipsnis. Daiktų asortimentas 1. Jeigu pirkimo–pardavimo sutartis nustato, kad pardavėjas privalo perduoti tam tikros

rūšies, modelio, dydžio, spalvos ar pagal kitokius požymius apibūdinamus daiktus (daiktų asortimentas), tai pardavėjas privalo perduoti tokius daiktus, kurie atitinka šalių suderintą daiktų asortimentą.

2. Jeigu sutartyje neaptarta nei daiktų asortimentas, nei jo nustatymo tvarka, tačiau iš sutarties turinio ir esmės matyti, kad daiktai turi atitikti tam tikrą asortimentą, tai pardavėjas privalo perduoti pirkėjui tokio asortimento daiktus, kurie atitiktų pardavėjui žinomus sutarties sudarymo metu pirkėjo poreikius, arba turi teisę sutarties atsisakyti.

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6.332 straipsnis. Daiktų asortimento sąlygos pažeidimo teisinės pasekmės 1. Kai pardavėjas perduoda pirkėjui daiktus, neatitinkančius pirkimo–pardavimo sutartyje

numatyto asortimento, pirkėjas turi teisę atsisakyti juos priimti ir už juos mokėti, o jeigu jau sumokėta, – pareikalauti grąžinti sumokėtą kainą, jei sutartis nenumato ko kita.

2. Kai pardavėjas kartu perduoda pirkėjui ir daiktus, kurie atitinka asortimentą, ir daiktų, kurie neatitinka asortimento, pirkėjas savo pasirinkimu turi teisę:

1) priimti asortimentą atitinkančius daiktus ir atsisakyti priimti asortimento neatitinkančius daiktus;

2) atsisakyti priimti visus daiktus; 3) pareikalauti pakeisti asortimento neatitinkančius daiktus daiktais, numatytais sutartyje; 4) priimti visus perduotus daiktus. 3. Kai pirkėjas atsisako priimti asortimento neatitinkančius daiktus arba pareikalauja juos

pakeisti, jis turi teisę atsisakyti už šiuos daiktus mokėti, o jeigu jau sumokėta, – reikalauti, kad jam būtų grąžinta sumokėta kaina.

4. Laikoma, kad asortimento neatitinkantys daiktai priimti, jeigu pirkėjas per protingą terminą po jų gavimo nepraneša pardavėjui apie atsisakymą priimti daiktus.

5. Jeigu pirkėjas neatsisako priimti asortimento neatitinkančių daiktų, tai jis privalo už juos sumokėti su pardavėju suderintą kainą. Jeigu pardavėjas dėl savo kaltės per protingą terminą nesuderino kainos su pirkėju, tai pirkėjas turi sumokėti už daiktus tą kainą, kuri sutarties sudarymo metu įprastai buvo mokama atitinkančiomis aplinkybėmis už analogiškus daiktus.

6. Šio straipsnio taisyklės taikomos tiek, kiek pirkimo–pardavimo sutartis nenumato kitokių taisyklių.

6.333 straipsnis. Daiktų kokybė 1. Pardavėjas privalo perduoti pirkėjui daiktus, kurių kokybė atitinka pirkimo–pardavimo

sutarties sąlygas bei daiktų kokybę nustatančių dokumentų reikalavimus. Pardavėjas atsako už daiktų trūkumus, jeigu pirkėjas įrodo, kad jie atsirado iki daiktų perdavimo arba dėl priežasčių, atsiradusių iki daiktų perdavimo.

2. Įstatymai ar sutartis gali numatyti pardavėjo pareigą garantuoti pirkėjui, kad daiktai atitinka sutarties sąlygas ir kad sutarties sudarymo metu nėra paslėptų daiktų trūkumų, dėl kurių daikto nebūtų galima naudoti tam tikslui, kuriam pirkėjas jį ketino naudoti, arba dėl kurių daikto naudingumas sumažėtų taip, kad pirkėjas, apie tuos trūkumus žinodamas, arba apskritai nebūtų to daikto pirkęs, arba nebūtų už jį tiek mokėjęs. Tačiau pardavėjas neprivalo garantuoti, kad nėra paslėptų trūkumų, jeigu apie juos pirkėjas žino arba jie yra tiek akivaizdūs, kad bet koks atidus pirkėjas būtų juos pastebėjęs be jokio specialaus tyrimo.

3. Kai pardavėjas garantuoja daiktų kokybę, jis atsako už daiktų trūkumus, jeigu neįrodo, kad šie atsirado po daiktų perdavimo pirkėjui dėl to, kad pirkėjas pažeidė daikto naudojimo ar saugojimo taisykles, arba dėl trečiųjų asmenų kaltės ar nenugalimos jėgos.

4. Jeigu daiktų kokybė sutartyje neaptarta, pardavėjas privalo perduoti pirkėjui tokios kokybės daiktus, kad juos būtų galima naudoti tam, kam jie paprastai naudojami. Tačiau jeigu sutarties sudarymo metu pirkėjas pranešė pardavėjui apie konkretų tikslą, kuriam jis perka daiktus, tai pardavėjas privalo perduoti pirkėjui tokios kokybės daiktus, kad jie tiktų tam konkrečiam tikslui.

5. Kai sutartis sudaryta pagal pavyzdį, modelį ar aprašymą, pardavėjas privalo perduoti pirkėjui daiktus, kurie atitinka pavyzdį, modelį ar aprašymą, išskyrus sutartyje aptartas išimtis.

6. Laikoma, kad daiktai neatitinka kokybės reikalavimų, jeigu jie neturi tų savybių, kurių pirkėjas galėjo protingai tikėtis, t. y. kurios būtinos daiktui, kad jį būtų galima naudoti pagal įprastinę ar specialią paskirtį.

7. Laikoma, kad daiktai neatitinka sutarties reikalavimų, jeigu perduotų daiktų kiekis, dydis ar svoris neatitinka sutarties sąlygų arba perduotas kitos rūšies, negu numatyta sutartyje, daiktas.

8. Kai daiktai parduodami teismo sprendimams vykdyti nustatyta tvarka, tai pardavėjas neprivalo garantuoti jų kokybės, o pirkėjas negali remtis tuo, kad pardavėjas pardavė netinkamos kokybės daiktą, išskyrus atvejus, kai apie parduodamo daikto trūkumus pardavėjas žinojo.

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9. Kai parduodamos paveldėjimo teisės nenurodant konkretaus turto, pardavėjas privalo garantuoti tik tai, kad jis yra įpėdinis.

10. Šio straipsnio 2 dalyje numatytą daikto kokybės garantiją taip pat privalo duoti daiktų gamintojas, platintojas, tiekėjas, importuotojas ar bet koks kitas asmuo, savo vardu skirstantis daiktus.

6.334 straipsnis. Netinkamos kokybės daiktą nusipirkusio pirkėjo teisės 1. Jeigu parduotas daiktas neatitinka kokybės reikalavimų ir pardavėjas su pirkėju neaptarė

jo trūkumų, tai nusipirkęs netinkamos kokybės daiktą pirkėjas turi teisę savo pasirinkimu pareikalauti:

1) kad daiktas, sutartyje apibūdintas pagal rūšį, būtų pakeistas tinkamos kokybės daiktu, išskyrus atvejus, kai trūkumai yra nedideli arba jie atsirado dėl pirkėjo kaltės;

2) kad būtų atitinkamai sumažinta pirkimo kaina; 3) kad pardavėjas neatlygintinai per protingą terminą pašalintų daikto trūkumus arba

atlygintų pirkėjo išlaidas jiems ištaisyti, jei trūkumus įmanoma pašalinti; 4) grąžinti sumokėtą kainą ir atsisakyti sutarties, kai netinkamos kokybės daikto

pardavimas yra esminis sutarties pažeidimas. 2. Jeigu dėl paslėpto trūkumo, buvusio pirkimo–pardavimo sutarties sudarymo metu,

nupirktas daiktas žūva, tai pardavėjas privalo grąžinti pirkėjui sumokėtą kainą. Jeigu daiktas žuvo dėl nenugalimos jėgos arba dėl pirkėjo kaltės, tai pirkėjui atlyginamas tik daikto vertės jo žuvimo momentu ir daikto kainos skirtumas.

3. Jeigu dėl paslėpto trūkumo daiktas žuvo, o pardavėjas apie tą trūkumą žinojo arba turėjo žinoti, tai jis privalo ne tik grąžinti pirkėjui sumokėtą kainą, bet ir atlyginti nuostolius.

4. Sutarties sąlygos, panaikinančios ar apribojančios pardavėjo atsakomybę už daiktų trūkumus, negalioja, išskyrus atvejus, kai jis pirkėjui atskleidė daikto trūkumus, kurie pardavėjui buvo ar turėjo būti žinomi, taip pat atvejus, kai pirkėjas savo rizika pirko daiktus iš asmens, kuris nėra profesionalus pardavėjas.

6.335 straipsnis. Daiktų kokybės garantijos terminas 1. Įstatymai ar sutartis gali numatyti, kad pardavėjo suteikiama daiktų kokybės garantija

galioja tam tikrą laiką. Garantija šiuo atveju galioja visoms daiktų sudėtinėms dalims, jeigu kas kita nenustatyta įstatymuose ar sutartyje.

2. Garantijos terminas pradedamas skaičiuoti nuo daiktų perdavimo, jeigu sutartis nenumato ko kita.

3. Jeigu pirkėjas negali naudotis daiktais, kuriems yra nustatytas kokybės garantijos terminas, dėl nuo pardavėjo priklausančių kliūčių, tai garantijos terminas neskaičiuojamas tol, kol pardavėjas tas kliūtis pašalina.

4. Jeigu ko kita nenustatyta sutartyje, garantijos terminas pratęsiamas tokiam laikui, kurį pirkėjas negalėjo daikto naudoti dėl trūkumų, jeigu pirkėjas tinkamai pranešė pardavėjui apie pastebėtus trūkumus.

5. Komplektuojamųjų detalių kokybės garantijos terminas yra toks pat kaip pagrindinio gaminio ir pradedamas skaičiuoti kartu su pagrindinio gaminio kokybės garantijos terminu, jeigu sutartis nenumato ko kita.

6. Kai pardavėjas pakeičia daiktą ar jo komplektuojamąją detalę per nustatytą kokybės garantijos terminą, tai naujam daiktui ar naujai komplektuojamajai detalei taikomas toks pat kokybės garantijos terminas, koks buvo nustatytas ir pateiktam daiktui ar komplektuojamajai detalei, jeigu sutartis nenumato ko kita.

6.336 straipsnis. Daiktų tinkamumo naudoti terminas 1. Įstatymai ar kiti teisės aktai gali nustatyti terminus, kuriems praėjus atitinkami daiktai

laikomi netinkančiais naudoti pagal jų paskirtį (tinkamumo naudoti terminas). Šiais atvejais gamintojas, importuotojas, pardavėjas ar kitas asmuo, savo vardu paskirstantis daiktus, privalo aiškiai nurodyti daikto tinkamumo naudoti terminą.

2. Daiktą, kuriam nustatytas tinkamumo naudoti terminas, pardavėjas privalo perduoti pirkėjui tokiu laiku, kad pirkėjas turėtų realią galimybę panaudoti daiktą iki jo tinkamumo naudoti termino pabaigos.

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3. Tinkamumo naudoti terminas nustatomas nurodant daikto pagaminimo dieną ir nuo šios dienos skaičiuojamą laiko tarpą, kurį daiktas tinkamas naudoti, arba nurodant konkrečią kalendorinę datą, iki kurios daiktas tinkamas naudoti.

6.337 straipsnis. Daiktų kokybės patikrinimas 1. Įstatymai ar pirkimo–pardavimo sutartis gali nustatyti privalomą daiktų kokybės

patikrinimą ir jo tvarką bei terminus. 2. Jeigu įstatymai ar sutartis nenustato daiktų kokybės patikrinimo tvarkos ir terminų, tai

daiktų kokybė turi būti patikrinta per protingą terminą ir pagal įprastai taikomas daiktų kokybės patikrinimo sąlygas bei prekybos papročius.

3. Kai įstatymai ar pirkimo–pardavimo sutartis numato pardavėjo pareigą patikrinti pirkėjui perduodamų daiktų kokybę (išbandymas, apžiūra, matavimai ir t. t.), tai pardavėjas privalo kartu su daiktais perduoti pirkėjui dokumentus, patvirtinančius, kad daiktų kokybė patikrinta.

6.338 straipsnis. Terminai reikalavimams dėl parduotų daiktų trūkumų pareikšti 1. Kai sutartis ar įstatymai nenustato ko kita, pirkėjas turi teisę pareikšti reikalavimus dėl

parduotų daiktų trūkumų, jeigu jie buvo nustatyti per šiame straipsnyje nurodytus terminus. 2. Kai nenustatytas daikto kokybės garantijos ar tinkamumo naudoti terminas, tai pirkėjas

reikalavimus dėl daikto trūkumų gali pareikšti per protingą terminą, bet ne vėliau kaip per dvejus metus nuo daikto perdavimo dienos, jeigu įstatymai ar sutartis nenumato ilgesnio termino. Terminas reikalavimams dėl gabenamų ar paštu siunčiamų daiktų trūkumų pareikšti skaičiuojamas nuo daiktų atgabenimo į paskirties vietą dienos.

3. Kai yra nustatytas daikto kokybės garantijos terminas, reikalavimai dėl daikto trūkumų gali būti reiškiami, jeigu trūkumai nustatyti per garantijos terminą. Jeigu komplektuojamajai detalei taikomas trumpesnis negu pagrindinio gaminio kokybės garantijos terminas, tai reikalavimas dėl komplektuojamosios detalės trūkumų gali būti pareikštas per pagrindinio gaminio kokybės garantijos terminą. Jeigu komplektuojamajai detalei taikomas ilgesnis negu pagrindinio gaminio kokybės garantijos terminas, tai reikalavimas dėl komplektuojamosios detalės trūkumų, kurie pastebėti per garantijos terminą, gali būti pareikštas nepaisant to, kad pagrindinio gaminio kokybės garantijos terminas pasibaigęs.

4. Reikalavimus dėl daikto, kuriam nustatytas tinkamumo naudoti terminas, trūkumų pirkėjas gali pareikšti, jeigu jie nustatyti per daikto tinkamumo naudoti terminą.

5. Kai sutartyje nustatytas trumpesnis nei dveji metai daikto kokybės garantijos terminas ir daikto trūkumai nustatyti pasibaigus šiam terminui, tačiau nepraėjus daugiau kaip dvejiems metams nuo daikto perdavimo dienos, pardavėjas atsako už daikto trūkumus, jeigu pirkėjas įrodo, kad trūkumas atsirado iki daikto perdavimo arba dėl iki daikto perdavimo atsiradusių priežasčių, už kurias atsako pardavėjas.

6.339 straipsnis. Daiktų komplektiškumas 1. Pardavėjas privalo perduoti pirkėjui daiktus, kurie atitinka pirkimo–pardavimo sutarties

sąlygų, nustatančių daiktų komplektiškumą, reikalavimus. 2. Jeigu sutartyje daiktų komplektiškumas neaptartas, pardavėjas privalo perduoti daiktus,

sukomplektuotus taip, kad jie atitiktų prekybos papročių ir įprastai reiškiamus reikalavimus.

6.340 straipsnis. Daiktų komplektas 1. Jeigu pirkimo–pardavimo sutartis numato pardavėjo pareigą perduoti pirkėjui tam tikrą

daiktų rinkinį, sudarantį komplektą (daiktų komplektas), laikoma, kad pardavėjas įvykdė savo prievolę tik tais atvejais, kai jis perduoda visus daiktus, įeinančius į komplektą.

2. Pardavėjas privalo perduoti pirkėjui visus daiktus, įeinančias į komplektą, vienu metu, jeigu pagal sutartį ar prievolės pobūdį sutartis negali būti vykdoma kitaip.

6.341 straipsnis. Nekomplektiškų daiktų perdavimo teisinės pasekmės 1. Jeigu pardavėjas perduoda nekomplektiškus daiktus, tai pirkėjas turi teisę savo

pasirinkimu reikalauti: 1) sumažinti daikto kainą;

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2) kad pardavėjas per protingą terminą sukomplektuotų daiktus. 2. Jeigu pardavėjas per protingą terminą nesukomplektuoja daiktų, tai pirkėjas turi teisę

savo pasirinkimu: 1) reikalauti pakeisti nekomplektiškus daiktus komplektiškais; 2) atsisakyti vykdyti sutartį ir pareikalauti grąžinti sumokėtą kainą, kai šis pažeidimas yra

esminis sutarties pažeidimas. 3. Šio straipsnio 1 ir 2 dalyse numatytos taisyklės taikomos ir tais atvejais, kai pardavėjas

pažeidžia savo pareigą perduoti pirkėjui daiktų komplektą, išskyrus atvejus, kai pagal sutartį ar prievolės pobūdį jų negalima taikyti.

6.342 straipsnis. Daiktų tara ir pakuotė 1. Jeigu ko kita nenumato sutartis ar nelemia prievolės prigimtis, pardavėjas privalo

perduoti pirkėjui daiktus taroje ir supakuotus, išskyrus atvejus, kai daiktų dėl jų pobūdžio nereikia perduoti taroje ar supakuotų.

2. Kai sutartis nenumato reikalavimų dėl daiktų taros ir pakuotės, perduodami daiktai turi būti supakuoti taip, kaip tokiems daiktams įprasta, o jei tara ar pakuotė gali būti įvairi, – taip supakuotus ar tokioje taroje, kad būtų užtikrintas tokios rūšies daiktų tinkamumas juos laikant ar gabenant įprastinėmis sąlygomis.

3. Jeigu privalomus reikalavimus dėl daiktų taros ar pakuotės nustato įstatymai ar kiti teisės aktai, tai pardavėjas – verslininkas, privalo perduoti pirkėjui daiktus, kurių tara ir pakuotė atitinka įstatymų ar kitų teisės aktų nustatytus reikalavimus.

6.343 straipsnis. Reikalavimų dėl daiktų taros ir pakuotės pažeidimo teisinės pasekmės

1. Jeigu pardavėjas pažeidžia savo pareigą ir perduoda pirkėjui daiktus nesupakuotus ar be taros arba netinkamai supakuotus ar netinkamoje taroje, tai pirkėjas turi atsisakyti juos priimti ir reikalauti, kad pardavėjas daiktus supakuotų ar pateiktų juos taroje arba pateiktų pakuotę ar tarą, jeigu ko kita nenumato sutartis arba nelemia prievolės ir prekių pobūdis.

2. Šio straipsnio 1 dalyje nurodytais atvejais pirkėjas vietoj šio straipsnio 1 dalyje nustatytų reikalavimų gali pareikšti pardavėjui šio kodekso 6.334 straipsnyje nustatytus reikalavimus, jeigu sutartis nenumato ko kita.

TREČIASIS SKIRSNIS BENDROSIOS PIRKĖJO PAREIGOS IR TEISĖS

6.344 straipsnis. Pirkėjo pareiga sumokėti kainą ir kitas išlaidas 1. Pirkėjas privalo sumokėti daiktų kainą per sutartyje ar įstatymuose nustatytus terminus

ir nustatytoje vietoje. 2. Už pavėlavimą sumokėti kainą pirkėjas privalo mokėti palūkanas, kurios pradedamos

skaičiuoti nuo daikto perdavimo ar šalių sutarto termino, jeigu sutartis ar įstatymai nenumato ko kita.

3. Pirkėjas privalo sumokėti kitas sutartyje ar įstatymuose numatytas pirkimo–pardavimo sutarties sudarymo išlaidas.

4. Jeigu įstatymai nustato, kad pirkimo–pardavimo sutartį būtina sudaryti notarinės formos ir po to įregistruoti viešame registre, tai pirkėjas kainą sutarties pasirašymo metu privalo sumokėti į notaro depozitinę sąskaitą, o pardavėjui pinigus notaras perduoda po sutarties įregistravimo viešame registre, išskyrus atvejus, kai šalių susitarimas numato kitokią atsiskaitymo tvarką.

5. Kai pirkėjas turi pakankamą pagrindą manyti, kad dėl pardavėjo kaltės jam gali būti pareikštas ieškinys dėl parduodamų daiktų išreikalavimo ar teisių į juos suvaržymo, jis gali sustabdyti kainos mokėjimą, išskyrus atvejus, kai pardavėjas užtikrina galimų pirkėjo nuostolių atlyginimą.

6.345 straipsnis. Pirkėjo pareigos sumokėti kainą neįvykdymo teisinės pasekmės 1. Jeigu kilnojamieji daiktai jau perduoti pirkėjui, o jis kainos nesumokėjo, pardavėjas turi

teisę atsisakyti sutarties raštu apie tai pranešdamas pirkėjui ir išreikalauti daiktus iš pirkėjo. Jeigu nesumokėta tik kainos dalis, pardavėjas gali išreikalauti tik nesumokėtą daikto kainos dalį, kai

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daiktas yra dalusis. Išreikalavimo teisę pardavėjas turi iki tol, kol daiktai dar yra jų perdavimo vietos valstybėje arba kol jie nėra atlygintinai perleisti trečiajam asmeniui, nėra įkeisti ar jiems nenustatyta uzufrukto teisė.

2. Kai pirkėjas tampa nemokus, pardavėjas negali išreikalauti daiktų, už kuriuos nesumokėta, jeigu per protingą terminą pirkėjo administratorius pasiūlo sumokėti kainą ar pateikia šios prievolės įvykdymo užtikrinimą.

3. Visais kitais šio straipsnio 1 ir 2 dalyse nenurodytais atvejais atsiranda šio kodekso 6.314 straipsnyje numatytos teisinės pasekmės.

6.346 straipsnis. Pirkėjo pareiga priimti daiktus 1. Pirkėjas privalo priimti jam perduotus daiktus, išskyrus atvejus, kai jis turi teisę

reikalauti daiktus pakeisti ar nutraukti sutartį. 2. Jeigu ko kita nenumato įstatymai ar sutartis, pirkėjas privalo imtis tokių priemonių ir

atlikti tokius veiksmus, kurie pagal įprastai reiškiamus reikalavimus būtini, kad daiktai būtų tinkamai perduoti ir priimti.

3. Jeigu pirkėjas, pažeisdamas savo pareigą, nepriima ar atsisako priimti daiktus, pardavėjas turi teisę reikalauti, kad pirkėjas priimtų daiktus, arba atsisakyti vykdyti sutartį.

6.347 straipsnis. Pirkėjo pareiga saugoti daiktus 1. Jeigu pirkėjas pagal įstatymus ar sutartį turi teisę jam perduotus daiktus grąžinti

pardavėjui, tai pirkėjas privalo grąžintinus daiktus tinkamai saugoti iki grąžinimo. Šiuo atveju pirkėjas turi daiktų sulaikymo teisę, išskyrus atvejus, kai pardavėjas atlygina pirkėjo išlaidas.

2. Jeigu grąžintinus pardavėjui daiktus pirkėjas gavo po jų atgabenimo į paskirties vietą, pirkėjas daiktus privalo grąžinti savo lėšomis, išskyrus atvejus, kai paskirties vietoje yra pardavėjas ar jo atstovas arba kai dėl to pirkėjui būtų didelių nepatogumų ar išlaidų.

3. Jeigu daiktai yra greitai gendantys, taikomos šio kodekso 6.375 straipsnio 5 dalies taisyklės.

6.348 straipsnis. Pirkėjo pareiga pranešti pardavėjui apie netinkamą pirkimo– pardavimo sutarties įvykdymą

1. Pirkėjas privalo pranešti pardavėjui apie sutarties sąlygų, nustatančių daiktų kokybę, kiekį, asortimentą, komplektiškumą, tarą ir pakuotę, pažeidimą per įstatymų ar sutarties nustatytą terminą, o jeigu šis terminas nenustatytas, – per protingą terminą po to, kai buvo ar atsižvelgiant į daiktų pobūdį ir paskirtį turėjo būti nustatytas atitinkamos sąlygos pažeidimas.

2. Kai pirkėjas neįvykdo šio straipsnio 1 dalyje nustatytos pareigos, pardavėjas turi teisę atsisakyti visiškai ar iš dalies patenkinti pirkėjo reikalavimus pakeisti daiktus, perduoti trūkstamus daiktus, pašalinti daiktų trūkumus, sukomplektuoti daiktus, supakuoti daiktus ar pateikti juos taroje arba pakeisti tarą ar pakuotę, jeigu įrodo, kad pirkėjui pažeidus savo pareigą nebeįmanoma įvykdyti jo reikalavimų arba kad tų reikalavimų įvykdymas pareikalautų nepaprastai didelių pardavėjo išlaidų, palyginti su tomis, kurių pardavėjas būtų turėjęs, jei pirkėjas būtų tinkamai pranešęs pardavėjui apie sutarties pažeidimą.

3. Jeigu pardavėjas žinojo ar turėjo žinoti, kad jo perduodami daiktai neatitinka pirkimo– pardavimo sutarties sąlygų, tai jis praranda teisę remtis šio straipsnio 1 ir 2 dalies taisyklėmis.

6.349 straipsnis. Draudimas disponuoti daiktais 1. Jeigu pirkimo–pardavimo sutartis numato, kad nuosavybės teisė į perduotus pirkėjui

daiktus išlieka pardavėjui iki tol, kol už juos bus visiškai sumokėta arba įvykdytos kitokios sąlygos, tai pirkėjas iki nuosavybės teisės į daiktus perėjimo jam neturi teisės tuos daiktus parduoti ar kitaip jais disponuoti, išskyrus atvejus, kai sutarties ar daiktų paskirtis ir savybės lemia ką kitą.

2. Kai neįvykdomos pirkimo–pardavimo sutarties sąlygos, su kuriomis sutartis sieja nuosavybės teisės į daiktus perėjimą pirkėjui, pardavėjas turi teisę išreikalauti daiktus iš pirkėjo, jeigu sutartis nenumato ko kita.

KETVIRTASIS SKIRSNIS VARTOJIMO PIRKIMO–PARDAVIMO SUTARČIŲ YPATUMAI

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6.350 straipsnis. Vartojimo pirkimo–pardavimo sutarties samprata 1. Pagal vartojimo pirkimo–pardavimo sutartį pardavėjas – asmuo, kuris verčiasi prekyba,

pardavėjo atstovas įsipareigoja parduoti prekę – kilnojamąjį daiktą pirkėjui – fiziniam asmeniui pastarojo asmeniniams, šeimos ar namų ūkio poreikiams, nesusijusiems su verslu ar profesija, tenkinti, o pirkėjas įsipareigoja sumokėti kainą. Vyriausybė tvirtina mažmeninės prekybos taisykles.

2. Vartojimo pirkimo–pardavimo sutartyse negali būti sąlygų, pasunkinančių vartotojo (pirkėjo) padėtį arba panaikinančių ar suvaržančių vartotojo (pirkėjo) teisę pareikšti ieškinį pardavėjui dėl sutarties sąlygų pažeidimo.

3. Pardavėjui vartojimo pirkimo–pardavimo sutarties atveju draudžiama: 1) nustatyti, kad pirkimo–pardavimo sutartis sudaroma tik tuo atveju, jei tuo pat metu ar

kitomis sąlygomis nuperkamas tam tikras daiktų kiekis; 2) suteikti teisę pirkėjui iš karto ar per tam tikrą terminą po sutarties sudarymo gauti

dovanų ar priedą prie daikto, išskyrus reklaminius priedus ar nusipirkto daikto priklausinius; 3) veikti pirkėjus įkyriai siūlant daiktus ar paslaugas, nurodant kainoraščiuose, kainų

etiketėse, parduotuvių vidaus ir lango vitrinose tariamą kainų sumažinimą bei kitais gerai moralei ir viešajai tvarkai prieštaraujančiais būdais ar priemonėmis.

4. Kai pardavėjas pažeidžia pirkėjo teises, pirkėjas įstatymų nustatyta tvarka turi teisę kreiptis dėl pažeistų teisių gynimo į vartotojų teises ginančias institucijas ar teismą.

6.351 straipsnis. Vartojimo pirkimo–pardavimo sutarties forma Jeigu įstatymai ar sutartis nenumato ko kita, laikoma, kad vartojimo pirkimo–pardavimo

sutartis sudaryta nuo to momento, kai pirkėjas išsirenka perkamą daiktą arba kitokiu būdu pareiškia savo valią.

6.352 straipsnis. Viešoji oferta 1. Daiktų nurodymas reklamoje, visiems skirtuose kataloguose ar aprašymuose laikomas

viešąją oferta, jeigu yra nurodytos esminės pirkimo–pardavimo sutarties sąlygos. 2. Daiktų išdėstymas vitrinose, ant prekystalio ar kitose jų pardavimo vietose, taip pat

daiktų pavyzdžių demonstravimas arba informacijos apie parduodamus daiktus pateikimas (aprašymai, katalogai, nuotraukos ir kt.) jų pardavimo vietoje laikomi viešąja oferta nepaisant to, ar nurodyta daiktų kaina arba kitos pirkimo–pardavimo sutarties sąlygos, išskyrus atvejus, kai pardavėjas aiškiai ir nedviprasmiškai nurodo, kad tam tikri daiktai nėra skirti parduoti.

6.353 straipsnis. Pardavėjo pareiga informuoti pirkėją 1. Pardavėjas nurodydamas parduodamo daikto etiketėse ar kitokiu būdu privalo suteikti

pirkėjui būtiną, teisingą ir visapusišką informaciją apie parduodamus daiktus: jų kainą (įskaitant visus mokesčius), kokybę, vartojimo būdą ir saugumą, kokybės garantijos terminą, tinkamumo naudoti terminą bei kitas daiktų ir jų naudojimo savybes, atsižvelgiant į daiktų pobūdį, jų paskirtį, vartotojo asmenį bei mažmeninės prekybos reikalavimus. Pardavėjas, pažeidęs šią pareigą, turi atlyginti dėl to pirkėjo patirtus nuostolius.

2. Informacija apie parduodamus daiktus neturi būti klaidinanti. 3. Privaloma nurodyti kiekvieno daikto ar vienos rūšies daiktų pardavimo kainą ir to

daikto tinkamo standartinio vieneto kainą. Daikto pardavimo kaina ir standartinio vieneto kaina gali būti nenurodyta, kai daiktai:

1) pateikiami teikiant paslaugas; 2) parduodami aukcionuose arba tai yra meno dirbiniai ir antikvariniai daiktai. 4. Daikto standartinio vieneto kaina gali būti nenurodoma: 1) daiktų, kurių kaina nepriklauso nuo jų svorio ar tūrio; 2) jeigu ji sutampa su pardavimo kaina; 3) daiktams ar daiktų grupėms, kurių sąrašą tvirtina Vyriausybė ar jos įgaliota institucija. 5. Daiktams, kurie nėra supakuoti ir kurių kiekis nustatomas vartotojo akivaizdoje, turi

būti nurodyta tik daikto standartinio vieneto kaina. 6. Pardavimo kaina ir standartinio vieneto kaina turi būti gerai matoma, lengvai įskaitoma,

suprantama ir atskiriama.

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7. Bet kokiu būdu reklamuojant daiktą, jeigu nurodoma pardavimo kaina, turi būti nurodoma daikto standartinio vieneto kaina, išskyrus šio straipsnio 3 ir 4 dalyse nustatytas išimtis.

8. Pirkėjas turi teisę iki sutarties sudarymo apžiūrėti daiktus ir pareikalauti, kad pardavėjas dalyvaujant pirkėjui patikrintų daiktus arba pademonstruotų, kaip juos naudoti, jeigu tai yra įmanoma atsižvelgiant į daiktų pobūdį ir mažmeninės prekybos taisykles.

9. Jeigu pardavėjas nesudarė galimybės pirkėjui nedelsiant daiktų pardavimo vietoje gauti šio straipsnio 1–7 dalyse nurodytą informaciją, tai pirkėjas turi teisę reikalauti iš pardavėjo atlyginti nuostolius, atsiradusius dėl vengimo sudaryti sutartį, o jeigu sutartis sudaryta, – per protingą terminą vienašališkai nutraukti sutartį ir pareikalauti grąžinti sumokėtą kainą bei atlyginti kitus nuostolius.

10. Pardavėjas, nesudaręs galimybės pirkėjui gauti atitinkamą informaciją apie daiktus, atsako už daiktų trūkumus, atsiradusius po daiktų perdavimo pirkėjui, jeigu pirkėjas įrodo, kad trūkumai atsirado dėl to, kad jis neturėjo atitinkamos informacijos.

11. Lietuvos Respublikoje parduodamų daiktų ženklinimo bei kainų nurodymo taisykles tvirtina Vyriausybė ar jos įgaliota institucija.

6.354 straipsnis. Sutarties sudarymo išlaidos Vartojimo pirkimo–pardavimo sutarties sudarymo išlaidos tenka pirkėjui tik tuo atveju,

jeigu sutarties sudarymo metu pardavėjas jas specialiai ir atskirai aptarė arba nurodė jų apskaičiavimo kriterijus.

6.355 straipsnis. Daiktų pardavimas su sąlyga, kad pirkėjas juos priimtų per tam tikrą terminą

1. Vartojimo pirkimo–pardavimo sutartyje gali būti numatyta sąlyga, kad pirkėjas daiktus priims per tam tikrą sutartyje nustatytą terminą, per kurį pardavėjas neturi teisės tų pačių daiktų parduoti kitam pirkėjui.

2. Jeigu ko kita nenumato sutartis, o pirkėjas per nustatytą terminą neatvyksta arba neatlieka kitų daiktų priėmimui būtinų veiksmų per sutartyje nustatytą terminą, laikoma, kad pirkėjas atsisako sutartį vykdyti.

3. Pardavėjo papildomos išlaidos, susijusios su daiktų perdavimu pirkėjui per tam tikrą terminą, įskaitomos į daiktų kainą, jeigu sutartis ar įstatymai nenumato ko kita.

6.356 straipsnis. Daiktų pardavimas pagal pavyzdžius 1. Vartojimo pirkimo–pardavimo sutartis gali būti sudaryta pagal pirkėjui pardavėjo

pasiūlytus daiktų pavyzdžius (prekių aprašymą, prekių katalogus, modelius ir t. t.). 2. Jeigu įstatymai ar sutartis nenumato ko kita, tai sutartis pagal daiktų pavyzdžius laikoma

sudaryta, kai pardavėjas pristato daiktus į sutartyje nurodytą vietą, o jei pristatymo vieta sutartyje nenurodyta, – į vartotojo gyvenamąją vietą.

3. Pirkėjas iki daiktų perdavimo turi teisę atsisakyti sutarties pagal daiktų pavyzdžius. Tačiau šiuo atveju pirkėjas privalo atlyginti pardavėjo turėtas būtinas išlaidas, susijusias su sutarties vykdymu iki atsisakymo, jeigu sutartis nenumato ko kita.

6.357 straipsnis. Daiktų pardavimas ne prekybai skirtose patalpose 1. Daiktų pirkimo–pardavimo sutartis, sudaryta ne prekybai skirtose patalpose, yra sutartis,

kurią pardavėjas ir vartotojas sudaro pardavėjo organizuotos išvykos už jo verslo patalpų metu arba pardavėjo vizito į to vartotojo gyvenamąją patalpą, jo darbo, mokymosi ar kitą vietą metu. Šio straipsnio nuostatos mutatis mutandis taikomos ir vartojimo paslaugų sutartims.

2. Daiktų pardavimo ne prekybai skirtose patalpose taisykles tvirtina Vyriausybė ar jos įgaliota institucija.

3. Šis straipsnis netaikomas sutartims: 1) dėl maisto produktų ar kitų kasdieniam vartojimui skirtų daiktų pirkimo–pardavimo ir

(arba) pristatymo; 2) dėl daiktų pirkimo–pardavimo ar paslaugų teikimo, kai pardavėjas ar paslaugų teikėjas

atvyksta pagal aiškiai pareikštą vartotojo prašymą, išskyrus atveju, jeigu vartotojui pateikiami kiti daiktai ar paslaugos, nei jis prašė;

3) dėl draudimo paslaugų teikimo;

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4) dėl vertybinių popierių pirkimo–pardavimo; 5) dėl daiktų pirkimo–pardavimo ar paslaugų teikimo, kai pagal sudarytą sutartį vartotojas

turi mokėti ne daugiau kaip du šimtus litų; 6) kai buvo sudaryta notarinės formos sutartis. 4. Pardavėjas, parduodamas daiktą ne prekybai skirtose patalpose, privalo įteikti pirkėjui

dokumentą, kuriame turi būti nurodyta: 1) dokumento įteikimo vartotojui data; 2) daikto pavadinimas; 3) daikto kaina, įskaitant visus mokesčius; 4) pardavėjo pavadinimas ir adresas; 5) asmens, kurio vardu sutarties atsisakęs vartotojas gali adresuoti savo atsisakymą,

pavadinimas (vardas, pavardė); 6) vartotojo teisė nutraukti sutartį šio straipsnio 6–11 dalyse numatyta tvarka. 5. Pareiga įrodyti, kad šio straipsnio 4 dalyje nurodytas dokumentas buvo įteiktas

vartotojui, tenka pardavėjui. 6. Pirkėjas turi teisę atsisakyti sutarties (nutraukti sutartį), sudarytos ne prekybai skirtose

patalpose, apie tai pranešdamas raštu pardavėjui per septynias dienas nuo šio straipsnio 4 dalyje nurodyto dokumento gavimo dienos. Šios pirkėjo teisės negalima suvaržyti jokiais papildomais įsipareigojimais ar įmokomis arba bet kokiu kitu būdu apriboti ar panaikinti. Jeigu šio straipsnio 4 dalyje nurodytas dokumentas pirkėjui nebuvo įteiktas, pirkėjas turi teisę nutraukti sutartį per tris mėnesius nuo sutarties sudarymo dienos.

7. Šio straipsnio 6 dalyje numatyta teise pirkėjas turi teisę pasinaudoti, jeigu daiktas nebuvo sugadintas ar jo išvaizda iš esmės nepasikeitė. Daikto ar jo pakuotės išvaizdos pakeitimų, kurie buvo būtini norint apžiūrėti gautą daiktą, negalima laikyti esminiais daikto išvaizdos pakeitimais. Kai kyla ginčas dėl daikto išvaizdos, gali būti skiriam ekspertizė. Jos išlaidas atlygina kaltoji šalis.

8. Pirkėjas negali pasinaudoti šio straipsnio 6 dalyje numatyta teise nutraukti sutartį, jeigu sutartis buvo sudaryta dėl paslaugų, kurios vartotojo sutikimu pradėtos teikti nepasibaigus šio straipsnio 6 dalyje nurodytam terminui.

9. Pardavėjas, gavęs šio straipsnio 6 dalyje numatytą pranešimą apie sutarties nutraukimą, per penkiolika dienų privalo atsiimti pirkėjo grąžintą daiktą ir grąžinti pirkėjui už daiktą sumokėtą pinigų sumą. Šalys savo prievoles šiuo atveju privalo įvykdyti kartu.

10. Jeigu pirkėjas šio straipsnio 6 dalyje numatyta tvarka atsisakė sutarties, bet daiktas negali būti grąžintas, nes jis žuvo ar sugedo dėl pirkėjo kaltės, tai pirkėjas turi grąžinti jo vertę ar vertės sumažėjimą. Kai pažeidžiant šio straipsnio 4 dalies reikalavimus pirkėjui nebuvo tinkamai pranešta apie jo teisę atsisakyti sutarties, pirkėjas privalo grąžinti žuvusio ar sugadinto daikto vertę arba jos sumažėjimą tik tuo atveju, jeigu jis nebuvo tiek rūpestingas, koks būtų buvęs rūpestingas turto saugotojas.

11. Už daikto naudojimą bei kitas paslaugas, suteiktas iki teisės atsisakyti sutarties įgyvendinimo momento, pirkėjas turi sumokėti pagal jų vertę. Tačiau pirkėjas neprivalo atlyginti daikto vertės sumažėjimo dėl jo naudojimo pagal paskirtį.

12. Šalių susitarimai, neatitinkantys šio straipsnio nuostatų ir pabloginantys vartotojo padėtį, negalioja.

6.358 straipsnis. Daiktų pardavimas naudojant automatus 1. Jeigu daiktai parduodami naudojant automatus, tai automatų savininkas privalo

informuoti pirkėją nurodydamas ant automato ar kitokiu būdu apie pardavėją (pardavėjo pavadinimą ir buveinę), automato darbo režimą, taip pat veiksmus, kuriuos privalo atlikti pirkėjas, norėdamas gauti daiktą, ir jų eiliškumą.

2. Sutartis šiuo atveju pripažįstama sudaryta nuo to momento, kai pirkėjas atlieka veiksmus, būtinus daiktui iš automato gauti.

3. Jeigu pirkėjui neperduodamas daiktas, už kurį sumokėta, tai pardavėjas pirkėjo reikalavimu nedelsdamas privalo perduoti daiktą arba grąžinti sumokėtą kainą.

4. Šiame straipsnyje nurodytos taisyklės taikomos ir tais atvejais, kai automatas skirtas pinigams keisti, mokėjimo ženklams įsigyti ar valiutai keisti, jeigu kas kita nenustatyta specialiose taisyklėse.

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6.359 straipsnis. Daiktų pardavimas su sąlyga juos pristatyti pirkėjui 1. Jeigu vartojimo pirkimo–pardavimo sutartis numato, kad daiktai turi būti pristatyti

pirkėjui, tai pardavėjas privalo per sutartyje nurodytą terminą pristatyti daiktus į pirkėjo nurodytą vietą, o kai ji nenurodyta, – į pirkėjo gyvenamąją vietą.

2. Sutartis laikoma įvykdyta nuo daiktų įteikimo pirkėjui, o kai pirkėjo nėra, – nuo jų įteikimo asmeniui, kuris pateikia kvitą ar kitokį dokumentą, patvirtinantį sutarties sudarymą ar daiktų pristatymo įforminimą, jeigu sutartis nenumato ko kita.

3. Jeigu sutartis nenustato daiktų pristatymo pirkėjui termino, tai daiktai turi būti pristatyti per protingą terminą po to, kai pardavėjas gavo pirkėjo reikalavimą juos pristatyti. Kai daiktai per protingą terminą nepristatomi, pirkėjas turi teisę nutraukti sutartį ir neprivalo mokėti daiktų pristatymo išlaidų, jeigu sutartis nenumato ko kita.

6.360 straipsnis. Daiktų kaina ir jos mokėjimas 1. Pirkėjas privalo sumokėti už daiktus pardavėjo nurodytą sutarties sudarymo metu kainą,

jeigu ko kita nenumato sutartis ar įstatymai. 2. Pardavėjui draudžiama vienašališkai didinti daikto kainą po sutarties sudarymo. Jeigu

pardavėjas po sutarties sudarymo vienašališkai padidina kainą, tai pirkėjas turi teisę atsisakyti sutarties raštu apie tai pranešdamas pardavėjui, išskyrus atvejus, kai sutartis numato, kad daiktai bus perduoti pirkėjui praėjus daugiau kaip trims mėnesiams po sutarties sudarymo, o pardavėjas turi teisę vienašališkai per šį terminą padidinti daikto kainą.

3. Kai pirkimo–pardavimo sutartis numato išankstinį mokėjimą už daiktus, o pirkėjas per sutartyje nustatytą terminą nesumoka kainos, laikoma, kad pirkėjas atsisakė sutarties, jeigu sutartyje nenumatyta kas kita.

4. Jeigu daiktai perkami išsimokėtinai (kreditan), tai pirkėjas turi teisę sumokėti už daiktus iki mokėjimo termino pabaigos.

5. Kai pirkėjas praleidžia mokėjimo terminus, palūkanos už laiku nesumokėtą sumą neskaičiuojamos.

6.361 straipsnis. Nuomos–pardavimo sutartis 1. Sutartyje gali būti nurodyta, kad iki nuosavybės teisės į daiktus perėjimo pirkėjui jis yra

perduotų daiktų nuomininkas (nuomos–pardavimo sutartis). 2. Jeigu sutartis nenumato ko kita, pirkėjas tampa daiktų savininku, kai visiškai už juos

sumoka.

6.362 straipsnis. Daiktų keitimas ir grąžinimas 1. Pirkėjas turi teisę per keturiolika dienų nuo ne maisto daiktų perdavimo jam, jeigu

pardavėjas nėra nustatęs ilgesnio termino, pakeisti nusipirktus daiktus pirkimo ar kitoje pardavėjo nurodytoje vietoje analogiškais kitokių matmenų, formos, spalvos, modelio ar komplektiškumo daiktais. Jeigu keičiant daiktus susidaro kainų skirtumas, pirkėjas su pardavėju privalo atsiskaityti pagal perskaičiuotas kainas.

2. Jeigu pardavėjas neturi pakeitimui tinkamų daiktų, tai pirkėjas turi teisę per šio straipsnio 1 dalyje nustatytą terminą grąžinti daiktus pardavėjui ir atgauti už juos sumokėtą kainą.

3. Pirkėjo reikalavimas pakeisti daiktus tenkinamas, jeigu daiktai nebuvo naudojami, nesugadinti, išsaugotos jų vartojamosios savybės bei nepraradę prekinės išvaizdos ir pirkėjas turi įrodymus, patvirtinančius, kad jis daiktus pirko iš to pardavėjo.

4. Pagal šio straipsnio nustatytą tvarką nekeičiami ar negrąžinami daiktai nurodomi daiktų grąžinimo ir keitimo taisyklėse. Jas tvirtina Vyriausybė ar jos įgaliota institucija.

6.363 straipsnis. Daikto kokybė ir pirkėjo teisės, kai jam parduotas netinkamos kokybės daiktas

1. Parduodami daiktai turi būti saugūs. Daiktų saugos reikalavimus nustato įstatymai ir kiti teisės aktai. Laikoma, kad pardavėjas visais atvejais garantuoja daiktų kokybę (garantija pagal įstatymą).

2. Parduodamas daiktas turi būti tinkamos kokybės, t. y. daikto savybės neturi būti blogesnės, nei numatyta tam daiktui taikomame techniniame reglamente (jeigu jis yra) ir daikto

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pirkimo–pardavimo sutartyje. Draudžiama parduoti daiktus, kurių tinkamumo naudoti terminas pasibaigęs.

3. Daikto savybės atitinka pirkimo–pardavimo sąlygas, jeigu: 1) daiktas atitinka daikto gamintojo nurodytus pateikiamų norminių dokumentų

reikalavimus; 2) daiktas tinka naudoti tam, kam tokios rūšies daiktai paprastai naudojami; 3) daiktas atitinka kokybinius rodiklius, kurių galima tikėtis atsižvelgiant į daikto prigimtį

bei daikto gamintojo, jo atstovo ar pardavėjo viešai paskelbtus pareiškimus dėl daikto kokybės. 4. Pirkėjas, kuriam buvo parduotas netinkamos kokybės daiktas (išskyrus maisto

produktus), turintis pardavėjo neaptartų trūkumų, savo pasirinkimu turi teisę per šio kodekso 6.338 straipsnyje nurodytą terminą reikalauti iš pardavėjo:

1) pakeisti netinkamos kokybės daiktą tinkamos kokybės daiktu; 2) atitinkamai sumažinti prekės kainą; 3) per protingą terminą neatlygintinai pašalinti daikto trūkumus; 4) atlyginti daikto trūkumų pašalinimo išlaidas, jeigu pardavėjui per protingą terminą jų

nepašalinus trūkumus pašalino pirkėjas pats ar trečiųjų asmenų padedamas. 5. Visais atvejais pirkėjas turi teisę į nuostolių, atsiradusių dėl netinkamos kokybės prekės

pardavimo, atlyginimą. 6. Pakeisti techniškai sudėtingą ir brangią prekę pirkėjas turi teisę reikalauti, jeigu tos

prekės kokybei nustatyti reikalavimai iš esmės pažeisti. 7. Jeigu daikto trūkumų negalima pašalinti dėl daikto savybių (maisto prekės, buitinės

chemijos prekės ir kt.), tai pirkėjas savo pasirinkimu turi teisę reikalauti pakeisti tokį netinkamos kokybės daiktą tinkamos kokybės daiktu arba atitinkamai sumažinti daikto kainą.

8. Pirkėjas vietoj šio straipsnio 4–7 dalyse numatytų reikalavimų gali vienašališkai nutraukti sutartį ir pareikalauti grąžinti sumokėtą kainą. Šiuo atveju netinkamos kokybės daiktą pardavėjo reikalavimu pirkėjas turi grąžinti pardavėjo sąskaita. Pardavėjas, grąžindamas pirkėjui sumokėtą kainą, neturi teisės iš jos išskaičiuoti sumą, kuria sumažėjo daikto vertė dėl jo naudojimo ar daikto išvaizdos praradimo arba dėl kitokių aplinkybių.

9. Išreikalauti sumokėtą kainą pirkėjas šio straipsnio numatytais atvejais gali per dvejų metų ieškinio senaties terminą.

10. Vartotojų teises ginančios institucijos įstatymų nustatyta tvarka turi teisę savo iniciatyva ginti vartotojų teises, pažeistas dėl netinkamos kokybės daiktų pardavimo.

6.364 straipsnis. Kainų skirtumo atlyginimas 1. Jeigu pardavėjas pakeičia netinkamos kokybės daiktą tinkamos kokybės daiktu, tai jis

neturi teisės reikalauti iš pirkėjo atlyginti vartojimo pirkimo–pardavimo sutartyje numatytos kainos ir daikto kainos, galiojusios jo pakeitimo ar teismo arba kitokios institucijos sprendimo, įpareigojančio pakeisti daiktą, priėmimo momentu, skirtumą.

2. Kai netinkamos kokybės daiktas keičiamas kitu analogišku, kuris skiriasi pagal matmenis, modelį, rūšį ar kitus požymius, pirkėjas turi atlyginti sutartyje numatytos kainos ir naujo daikto kainos, galiojusios keitimo momentu, skirtumą. Jeigu pirkėjas kainų skirtumo neatlygina, tai kainų skirtumas nustatomas pagal teismo arba kitokios institucijos sprendimo pakeisti prekę priėmimo metu galiojusias kainas.

3. Kai pirkėjas reikalauja atitinkamai sumažinti netinkamos kokybės daikto kainą, atsižvelgiama į daikto kainą šio reikalavimo pareiškimo momentu, o jeigu pardavėjas pirkėjo reikalavimo netenkino, – į kainą teismo arba kitokios institucijos sprendimo dėl kainos sumažinimo priėmimo momentu.

4. Pirkėjas, grąžindamas prastos kokybės daiktą pardavėjui, turi teisę reikalauti atlyginti nustatytos sutartyje kainos ir kainos, galiojančios jo reikalavimo patenkinimo momentu, o jeigu jo reikalavimo pardavėjas netenkina, – teismo arba kitokios institucijos sprendimo priėmimo momentu, skirtumą.

6.365 straipsnis. Pardavėjo atsakomybė ir prievolės įvykdymas natūra Jeigu pardavėjas neįvykdo savo prievolės pagal vartojimo pirkimo–pardavimo sutartį, tai

nuostolių atlyginimas ar netesybų sumokėjimas neatleidžia pardavėjo nuo prievolės įvykdymo natūra.

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6.366 straipsnis. Daiktų pardavimas pagal sutartis, sudaromas naudojant ryšio priemones

1. Daiktų pirkimo–pardavimo sutartis, sudaryta naudojant ryšio priemones, yra pardavėjo ir pirkėjo (vartotojo) sutartis dėl daiktų pardavimo, sudaroma naudojant tik ryšio priemones (vieną ar kelias). Šio straipsnio nuostatos mutatis mutandis taikomos ir vartojimo paslaugų bei kitoms vartojimo sutartims.

2. Vyriausybė ar jos įgaliota institucija tvirtina daiktų pardavimo ir paslaugų teikimo, kai sutartys sudaromos naudojant ryšio priemones, taisykles.

3. Šios straipsnio nuostatos netaikomos sutartims, kurios sudaromos: 1) dėl finansinių paslaugų teikimo; 2) aukciono būdu; 3) dėl maisto produktų ar kitų kasdieniam vartojimui skirtų daiktų pirkimo–pardavimo ir

(arba) pristatymo; 4) dėl apgyvendinimo, transporto, maitinimo ar laisvalaikio paslaugų, kai paslaugų

teikėjas įsipareigoja pateikti šias paslaugas tam tikru laiku arba tam tikru laikotarpiu; 5) naudojant pardavimo automatus (šio kodekso 6.358 straipsnis); 6) per ryšio priemonių operatorių, t. y. asmenį, kurio verslas yra teikti vieną ar kelias ryšių

paslaugas, kuriomis gali naudotis pardavėjas ar paslaugų teikėjas daiktų pirkimo–pardavimo ar paslaugų teikimo sutarčiai su vartotoju sudaryti.

4. Pardavėjas iki sutarties sudarymo privalo naudojamomis ryšio priemonėmis pateikti pirkėjui tinkamą informaciją, kurioje privalo būti nurodyta:

1) duomenys apie pardavėją; 2) daikto pagrindinės savybės; 3) pardavimo kaina; 4) daikto pristatymo kaina; 5) mokėjimo, pristatymo ar atlikimo tvarka; 6) pirkėjo teisės atsisakyti sutarties pagal šio kodekso 6.367 straipsnio taisykles

įgyvendinimo tvarka; 7) naudojimosi ryšio priemonėmis įkainiai, kai jie skaičiuojami kitaip nei įprasta; 8) laikotarpis, kurį pasiūlymas ir kaina galioja; 9) mažiausia sutarties trukmė, kai yra sudaroma sutartis dėl nuolatinio prekių tiekimo ar

paslaugų teikimo. 5. Šio straipsnio 4 dalyje nurodytos informacijos komercinis pobūdis turi būti aiškiai ir

suprantamai išreikštas bei atitikti naudojamas ryšio priemones. Jeigu kalbama telefonu, pardavėjas privalo aiškiai išdėstyti komercinį pokalbio tikslą.

6. Iki sutarties sudarymo, o kai daiktai tiekiami, – iki daiktų pateikimo (jeigu juos pateikia ne pardavėjo įgaliotas trečiasis asmuo) pirkėjas turi gauti informaciją raštu apie (nebent tokia informacija raštu jau buvo pateikta pirkėjui prieš sutarties sudarymą):

1) siūlomą daiktą (pavadinimas, pagrindinės savybės); 2) pardavėją; nurodoma, kur ir kam pirkėjas gali adresuoti bet kokį skundą; 3) pirkėjo teisės atsisakyti sutarties pagal šio kodekso 6.367 straipsnio taisykles

įgyvendinimo tvarką; 4) mokėjimo, pristatymo ar atlikimo tvarką, pardavėjo teikiamas daikto priežiūros

paslaugas ir garantijas, jeigu jos suteikiamos; 5) sutarties atsisakymo sąlygas, jeigu sutartis neterminuota arba ilgesnė nei vieneriems

metams. 7. Pareiga įrodyti, kad šio straipsnio 6 dalyje nustatyta informacija raštu buvo įteikta

pirkėjui, tenka pardavėjui. 8. Pardavėjas turi pateikti daiktus per trisdešimt kalendorinių dienų nuo sutarties sudarymo

dienos, jeigu sutartis nenumato ko kita.

6.367 straipsnis. Pirkėjo teisė atsisakyti pirkimo–pardavimo sutarties, sudarytos naudojant ryšio priemones

1. Pirkėjas turi teisę atsisakyti pirkimo–pardavimo sutarties, sudarytos naudojant ryšio priemones, pranešdamas apie tai raštu pardavėjui per septynias darbo dienas nuo:

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1) daikto pristatymo dienos, – kai parduodamas daiktas; 2) sutarties sudarymo dienos, – kai teikiamos paslaugos. 2. Jeigu šio kodekso 6.366 straipsnio 6 dalyje nurodyta informacija pirkėjui nebuvo įteikta

raštu, jis turi teisę atsisakyti sutarties per tris mėnesius nuo sutarties sudarymo dienos. 3. Draudžiama šiame straipsnyje numatytą pirkėjo teisę atsisakyti sutarties suvaržyti

papildomais įsipareigojimais ar įmokomis arba bet kokiu kitu būdu apriboti ar panaikinti, išskyrus šiame straipsnyje numatytus atvejus.

4. Pirkėjas neturi teisės pasinaudoti šio straipsnio 1 ir 2 dalyse nurodyta teise atsisakyti sutarties, jeigu sutartis buvo sudaryta dėl:

1) garso ir vaizdo kūrinių ir fonogramų bet kokiose vaizdo ar garso laikmenose, kompiuterių programų tiekimo ir pirkėjas pažeidė pakuotės apsaugas;

2) laikraščių, žurnalų ar kitų periodinių leidinių tiekimo; 3) dalyvavimo žaidimuose ir loterijose. 5. Daiktų pirkimo–pardavimo atveju pirkėjas gali pasinaudoti teise nutraukti sutartį, jeigu

daiktas nebuvo sugadintas ar jo išvaizda iš esmės nepasikeitė. Daikto ar jo pakuotės išvaizdos pakeitimai, kurie buvo būtini norint apžiūrėti gautą daiktą, negali būti vertinami kaip esminiai daikto išvaizdos pakeitimai. Kai kyla ginčas dėl daikto išvaizdos, gali būti skiriama ekspertizė. Jos išlaidas apmoka kaltoji šalis.

6. Jeigu pirkėjas pasinaudoja teise atsisakyti sutarties, kai už daiktą visiškai ar iš dalies sumokama pagal tam tikslui pardavėjo ir pirkėjo arba pardavėjo ir trečiojo asmens sudarytą vartojimo kredito sutartį, tai ta vartojimo kredito sutartis turi būti nutraukiama be jokių papildomų įsipareigojimų pirkėjui.

7. Pardavėjas, gavęs šio straipsnio 1 dalyje nurodytą pranešimą apie sutarties atsisakymą, per penkiolika dienų privalo atsiimti daiktą ir grąžinti pirkėjui už daiktą sumokėtus pinigus.

6.368 straipsnis. Daiktų tiekimas be vartotojo sutikimo 1. Draudžiama tiekti daiktus vartotojui be jo sutikimo, jeigu už juos reikalaujama mokėti. 2. Jeigu buvo pateikti daiktai be vartotojo sutikimo, vartotojas gali jais naudotis savo

nuožiūra neatlygintinai.

6.369 straipsnis. Teisės tam tikru laiku naudotis gyvenamosiomis patalpomis pirkimas

1. Teisės tam tikru laiku naudotis gyvenamosiomis patalpomis pirkimo sutartis yra ne trumpesniam kaip trejų metų terminui sudaryta sutartis, pagal kurią pirkėjas, nesvarbu, kokios rūšies sutartis sudaryta, įgyja teisę naudotis gyvenamosiomis patalpomis tam tikru laiku ne mažiau kaip vieną savaitę per metus.

2. Pardavėjas, prieš sudarydamas teisės tam tikru laiku naudotis gyvenamosiomis patalpomis pirkimo sutartį, privalo įteikti pirkėjui suteikiamų gyvenamųjų patalpų aprašymą. Jame turi būti nurodyta: informacija apie gyvenamąsias patalpas ir kitus asmenis, turinčius teisę naudotis suteikiamomis gyvenamosiomis patalpomis; gyvenamųjų patalpų savininkas; pirkėjo teisės; informacija apie mokesčius už teisę naudotis gyvenamąja patalpa bei kitus papildomus mokesčius. Privalomų duomenų, kurie gali būti pateikiami suteikiamų gyvenamųjų patalpų aprašyme bei sutartyje, minimalų sąrašą nustato Vyriausybė arba jos įgaliota institucija. Suteikiamų patalpų aprašymas yra neatskiriama sutarties dalis.

3. Suteikiamų gyvenamųjų patalpų aprašymas ir sutartis turi būti parašyti valstybine kalba. Jeigu gyvenamosios patalpos, dėl kurių naudojimosi teisės sudaroma sutartis, yra kitoje valstybėje, pardavėjas privalo pateikti pirkėjui sutarties vertimą į vieną iš toje valstybėje oficialiai vartojamų kalbų.

4. Bet kokiame skelbime, kuriame siūloma įsigyti teisę tam tikru laiku naudotis gyvenamosiomis patalpomis, turi būti nurodyta, kur ir kaip pirkėjas gali gauti gyvenamųjų patalpų aprašymą.

6.370 straipsnis. Pirkėjo teisė atsisakyti teisės tam tikru laiku naudotis gyvenamosiomis patalpomis pirkimo sutarties

1. Pirkėjas turi teisę atsisakyti teisės tam tikru laiku naudotis gyvenamosiomis patalpomis pirkimo sutarties, iš anksto raštu apie tai pranešdamas pardavėjui per dešimt dienų nuo sutarties

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sudarymo dienos. Jeigu sutarties sudarymo metu pirkėjui neįteikiamas suteikiamų gyvenamųjų patalpų aprašymas arba jame nėra visų privalomų duomenų, pirkėjas turi teisę atsisakyti sutarties per keturis mėnesius nuo jos sudarymo dienos. Jeigu suteikiamų gyvenamųjų patalpų aprašymas, kuriame yra visi privalomi duomenys, įteikiamas per šiuos keturis mėnesius, tai pirkėjas turi teisę atsisakyti sutarties per dešimt dienų nuo suteikiamų gyvenamųjų patalpų aprašymo įteikimo dienos.

2. Jeigu pirkėjas pasinaudoja teise atsisakyti sutarties, kai už teisę naudotis tam tikru laiku gyvenamosiomis patalpomis visiškai ar iš dalies sumokama pagal tam tikslui pardavėjo ir vartotojo arba pardavėjo ir trečiojo asmens sudarytą vartojimo kredito sutartį, tai vartojimo kredito sutartis gali būti nutraukiama.

3. Draudžiama šiame straipsnyje numatytą pirkėjo teisę atsisakyti sutarties suvaržyti papildomais įsipareigojimais ar įmokomis arba bet kokiu kitu būdu apriboti ar panaikinti.

4. Pardavėjas neturi teisės reikalauti, kad pirkėjas sumokėtų iš anksto iki laikotarpio, per kurį pirkėjas turi teisę atsisakyti sutarties, pabaigos. Jeigu iš anksto buvo sumokėta, pardavėjas, gavęs pirkėjo pranešimą apie sutarties atsisakymą, privalo per dešimt dienų grąžinti sumokėtus pinigus vartotojui.

PENKTASIS SKIRSNIS DIDMENINIO PIRKIMO–PARDAVIMO SUTARČIŲ YPATUMAI

6.371 straipsnis. Didmeninio pirkimo–pardavimo sutarties samprata Pagal didmeninio pirkimo–pardavimo sutartį pardavėjas – asmuo, kuris verčiasi prekyba,

pardavėjo atstovas įsipareigoja nustatytu laiku perduoti savo pagamintus ar įsigytus daiktus pirkėjui nuosavybės teise (patikėjimo teise) pastarojo verslo poreikiams ar kitokiems su asmeniniais, šeimos ar namų ūkio poreikiais nesusijusiems poreikiams tenkinti, o pirkėjas įsipareigoja sumokėti kainą.

6.372 straipsnis. Daiktų perdavimo terminai 1. Kai sudaryta ilgalaikė daiktų pirkimo–pardavimo sutartis, pagal kurią daiktai

perduodami partijomis, ir sutartyje daiktų perdavimo terminai nenumatyti, daiktų partijos turi būti perduodamos kas mėnesį lygiomis dalimis, jeigu kitokia išvada nedarytina atsižvelgiant į prekybos papročius ar prievolės esmę.

2. Jeigu per tam tikrą terminą pardavėjas neperdavė visų daiktų, tai per likusį terminą (terminus) pardavėjas privalo perduoti laiku neperduotus daiktus, išskyrus atvejus, kai sutartis numato ką kita.

6.373 straipsnis. Daiktų pristatymas 1. Jeigu sutartyje neaptarta, kokiu transportu ir kokiomis sąlygomis pardavėjas turi

atgabenti daiktus pirkėjui, tai transporto rūšį ir prekių gabenimo sąlygas pasirenka pardavėjas, jeigu kitokia išvada nedarytina atsižvelgiant į prekybos papročius ir prievolės esmę.

2. Sutartyje gali būti numatyta pirkėjo pareiga atsiimti daiktus pardavėjo verslo ar kitoje vietoje (sandėlyje, geležinkelio stotyje ir t. t.).

6.374 straipsnis. Daiktų priėmimas 1. Pirkėjas privalo imtis būtinų priemonių, kad perduoti daiktai būtų tinkamai priimti per

sutartyje nustatytą terminą, o jeigu jis nenustatytas, – per protingą terminą ir sutartyje numatyta tvarka ir būdais patikrinti daiktų kiekį bei kokybę, ir nedelsdamas pranešti pardavėjui apie nustatytus jų defektus ir kiekio trūkumą.

2. Kai daiktus pirkėjas turi atsiimti iš transporto organizacijos, jis privalo patikrinti, ar daiktai atitinka gabenimo dokumentuose nurodytą informaciją, ir daiktus priimti pagal tos transporto rūšies taisykles.

6.375 straipsnis. Nepriimtų daiktų saugojimas 1. Pirkėjas, atsisakęs priimti jam pagal sutartį perduotus daiktus, privalo juos saugoti

(atsakingas saugojimas) ir nedelsdamas apie savo atsisakymą pranešti pardavėjui.

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2. Šios straipsnio 1 dalyje nurodytą pranešimą gavęs pardavėjas per protingą terminą daiktus turi atsiimti arba nurodyti pirkėjui, ką su jais daryti. Kai pardavėjas to nepadaro, pirkėjas turi teisę daiktus parduoti arba grąžinti pardavėjui.

3. Pardavėjas privalo atlyginti pirkėjui būtinas daiktų saugojimo, pardavimo ar grąžinimo išlaidas. Pirkėjas, pardavęs daiktus, atskaito būtinas jų pardavimo ir saugojimo išlaidas, o likusią sumą grąžina pardavėjui.

4. Jeigu pirkėjas atsisako priimti daiktus be įstatymuose ar sutartyje numatyto pagrindo, tai pardavėjas turi teisę reikalauti, kad pirkėjas sumokėtų kainą.

5. Jeigu daiktai yra greitai gendantys ir dėl to neįmanoma laikytis šio straipsnio 2 dalyje nustatytų taisyklių, pirkėjas gali juos parduoti nelaukdamas atsakymo iš pardavėjo.

6.376 straipsnis. Daiktų atsiėmimas 1. Jeigu pagal sutartį daiktus turi atsiimti pirkėjas pardavėjo verslo ar kitoje vietoje, tai

atsiimdamas daiktus jų perdavimo vietoje pirkėjas privalo patikrinti jų kiekį ir kokybę, jeigu sutartis nenumato ko kita.

2. Jeigu pirkėjas per sutartyje nustatytą terminą, o jei jis nenustatytas, – per protingą terminą po to, kai pardavėjas pranešė, kad daiktus galima atsiimti, jų neatsiėmė, pardavėjas turi teisę atsisakyti vykdyti sutartį arba reikalauti sumokėti kainą ir atlyginti daiktų saugojimo išlaidas.

3. Jeigu pirkėjas privalo nurodyti, kokius daiktus jis perka, apibūdindamas jų dydį, formą ar kitais būdais, ir to per protingą terminą nepadaro, tai tą gali padaryti pardavėjas, atsižvelgdamas į jam žinomas pirkėjo reikmes.

6.377 straipsnis. Tara ir pakuotė 1. Jeigu ko kita nenumatyta sutartyje, pirkėjas savo lėšomis turi grąžinti pardavėjui

daugkartinio naudojimo tarą ir pakuotę, kuriose buvo perduodami daiktai. 2. Kita tara grąžinama tik sutartyje numatytais atvejais.

6.378 straipsnis. Netinkamos kokybės ar nekomplektiškų daiktų pardavimas Kai pardavėjas perduoda netinkamos kokybės ar nekomplektiškus daiktus, pirkėjas turi

teisę jam pareikšti šio kodekso 6.334 ir 6.341 straipsniuose numatytus reikalavimus, išskyrus atvejus, kai pardavėjas, gavęs pirkėjo pranešimą, nedelsdamas pakeičia netinkamos kokybės daiktus tinkamais arba juos sukomplektuoja.

6.379 straipsnis. Vienašalis sutarties nutraukimas 1. Pirkėjas turi teisę vienašališkai nutraukti sutartį, jeigu pardavėjas ją iš esmės pažeidė. 2. Pardavėjo padarytas sutarties pažeidimas laikomas esminiu, jeigu: 1) perduoti daiktai yra netinkamos kokybės ir jų trūkumų neįmanoma per pirkėjui

priimtiną terminą pašalinti; 2) pardavėjas daugiau kaip du kartus pažeidė daiktų perdavimo terminą, kai daiktai pagal

ilgalaikę sutartį turėjo būti perduodami nustatytais terminais. 3. Pirkėjas laikomas iš esmės pažeidusiu sutartį, o pardavėjas įgyja teisę vienašališkai ją

nutraukti, jeigu pirkėjas: 1) daugiau kaip du kartus laiku nesumokėjo už daiktus, kai jie perduodami nustatytais

terminais; 2) daugiau kaip du kartus neatsiėmė daiktų, kai jie perduodami nustatytais terminais.

ŠEŠTASIS SKIRSNIS VIEŠOJO PIRKIMO–PARDAVIMO SUTARTYS

6.380 straipsnis. Viešojo pirkimo–pardavimo sutarties samprata Pagal viešojo pirkimo–pardavimo sutartį valstybės ar savivaldybės institucija arba

valstybės ar savivaldybės įmonė, įstaiga arba organizacija už valstybės, savivaldybės, Valstybinio socialinio draudimo fondo biudžeto ir kitų valstybės ar savivaldybės fondų lėšas perka daiktus ar moka už darbus ar paslaugas (įskaitant nuomą) valstybės arba savivaldybės ar jų institucijų, įmonių, įstaigų bei organizacijų poreikiams tenkinti.

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6.381 straipsnis. Viešojo pirkimo–pardavimo sutarčių sudarymo ypatumai Viešojo pirkimo–pardavimo sutartys sudaromos konkurso tvarka, išskyrus įstatymų

nustatytas išimtis.

6.382 straipsnis. Viešojo pirkimo–pardavimo sutarčių reglamentavimas Viešojo pirkimo–pardavimo sutartims šio kodekso normos taikomos tiek, kiek kiti

įstatymai nenustato ko kita.

SEPTINTASIS SKIRSNIS ENERGIJOS PIRKIMO–PARDAVIMO SUTARTYS

6.383 straipsnis. Energijos pirkimo–pardavimo sutarties samprata 1. Pagal energijos (ar energijos išteklių) pirkimo–pardavimo sutartį energijos tiekimo

įmonė įsipareigoja patiekti abonentui (vartotojui) per prijungtą energijos tiekimo tinklą sutartyje numatytos rūšies energijos kiekį, o abonentas (vartotojas) įsipareigoja už patiektą energiją sumokėti ir laikytis sutartyje numatyto jos vartojimo režimo, užtikrinti jam priklausančių energijos tiekimo tinklų eksploatavimo saugumą bei naudojamų prietaisų ir įrenginių tvarkingumą.

2. Energijos pirkimo–pardavimo sutartis sudaroma su abonentu tik tuo atveju, kai jis turi energiją naudojančius įrenginius ar nustatytus techninius reikalavimus atitinkančius vidaus tinklus, kurie yra prijungti prie energijos tiekimo tinklų, ir kai įrengti energijos apskaitos prietaisai. Kai tiesiami nauji energijos tiekimo tinklai, sudaromoms išankstinėms energijos pirkimo–pardavimo sutartims šios dalies reikalavimai netaikomi. Šilumos energijos, karšto ir šalto vandens pirkimo– pardavimo sutartis su buitiniu vartotoju gali būti sudaroma ir tuo atveju, kai nėra tiesioginės šių energijos išteklių apskaitos tarp energijos tiekėjo ir vartotojo.

3. Energijos pirkimo–pardavimo sutartis yra viešoji sutartis (šio kodekso 6.161 straipsnis). 4. Kai energijos pirkimo–pardavimo sutartis yra vartojimo sutartis, t. y. abonentas yra

fizinis asmuo, kuris energiją perka asmeniniams, savo šeimos ar namų ūkio poreikiams (vartotojas), energijos pirkimo–pardavimo sutarčiai mutatis mutandis taikomas šio kodekso 6.188 straipsnis ir kiti šio kodekso straipsniai, nustatantys vartojimo pirkimo–pardavimo sutarčių ypatumus.

6.384 straipsnis. Energijos pirkimo–pardavimo sutarties sudarymas ir pratęsimas 1. Jeigu pagal sutartį abonentas yra fizinis asmuo – vartotojas, naudojantis energiją savo

buitinėms reikmėms, tai sutartis laikoma sudaryta nuo vartotojo įrenginių prijungimo prie energijos tiekimo tinklų. Ši sutartis laikoma sudaryta neterminuotam laikui, jeigu joje nenumatyta ko kita.

2. Jeigu iki termino pabaigos nė viena sutarties šalis nepareiškia apie sutarties nutraukimą ar pakeitimą arba apie naujos sutarties sudarymą, terminuota energijos pirkimo–pardavimo sutartis laikoma pratęsta tokiam pat terminui ir tomis pat sąlygomis.

3. Jeigu iki terminuotos sutarties galiojimo termino pabaigos viena sutarties šalis pasiūlo sudaryti naują sutartį, tai šalių santykiams iki naujos sutarties sudarymo taikomos ankstesnės sutarties sąlygos.

6.385 straipsnis. Energijos kiekis ir kainos (tarifai) 1. Energijos tiekimo įmonė privalo parduoti abonentui sutartyje numatytą energijos kiekį

laikydamasi šalių suderinto energijos tiekimo režimo. Patiektos ir sunaudotos energijos kiekis nustatomas pagal apskaitos prietaisų rodmenis arba kitu sutartyje nurodytu būdu.

2. Sutartyje gali būti numatyta abonento teisė keisti priimamos energijos kiekį tuo atveju, jeigu abonentas atlygintų energijos tiekimo įmonės nuostolius, susijusius su sutartyje nenumatyto didesnio energijos kiekio tiekimo užtikrinimu.

3. Abonentas, kai jis yra fizinis asmuo – vartotojas, naudojantis energiją savo buitinėms reikmėms, gali naudoti tiek energijos, kiek jam reikia.

4. Energijos kaina (tarifai) nustatoma įstatymų nustatyta tvarka.

6.386 straipsnis. Energijos kokybė

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1. Energijos kokybė turi atitikti sutarties bei kokybės standartų, kitų energijos kokybę reglamentuojančių norminių dokumentų nustatytus reikalavimus.

2. Jeigu energijos tiekimo įmonė pažeidžia energijos kokybės reikalavimus, tai abonentas turi teisę atsisakyti už tokią energiją mokėti. Tačiau energijos tiekimo įmonė šiuo atveju turi teisę reikalauti, kad abonentas atlygintų vertę to, ką abonentas be teisinio pagrindo sutaupė naudodamas energiją.

3. Abonentas turi teisę į nuostolių, patirtų dėl netinkamos kokybės energijos tiekimo, atlyginimą.

6.387 straipsnis. Pirkėjo pareigos, susijusios su įrenginių priežiūra 1. Abonentas privalo užtikrinti tinkamą jam priklausančių energijos tiekimo tinklų, kitokių

įrenginių ir prietaisų būklę ir jų eksploatavimo saugumą, laikytis nustatyto energijos vartojimo režimo, taip pat nedelsdamas pranešti energijos tiekimo įmonei apie avariją, gaisrą, tiekiamos energijos apskaitos prietaisų gedimus ar kitokius pažeidimus naudojant energiją.

2. Kai abonentas yra fizinis asmuo – vartotojas, naudojantis energiją buitinėms reikmėms, energijos tiekimo tinklų, energijos vartojimo apskaitos prietaisų techninę būklę ir saugų naudojimą turi užtikrinti energijos tiekimo įmonė, jeigu sutartis ar įstatymai nenumato ko kita.

6.388 straipsnis. Energijos apmokėjimas 1. Abonentas moka už faktiškai sunaudotą energijos kiekį pagal energijos apskaitos

prietaisų rodmenis, jeigu sutartis nenustato ko kita. 2. Atsiskaitymo tvarką nustato šalių susitarimas, jeigu teisės aktai nenumato ko kita.

6.389 straipsnis. Subabonentas 1. Abonentas, neviršydamas leistinos naudoti galios, be elektros energijos tiekimo įmonės

sutikimo turi teisę iš jos priimtą elektros energiją perduoti kitam asmeniui (subabonentui). 2. Šilumos energiją, šaltą bei karštą vandenį, dujas abonentas gali perduoti kitam asmeniui

(subabonentui) tik tuo atveju, kai energijos tiekimo įmonė sutinka. 3. Šio straipsnio 1 ir 2 dalyse numatytais atvejais atsakingas pagal energijos pirkimo–

pardavimo sutartį energijos tiekimo įmonei lieka abonentas.

6.390 straipsnis. Sutarties pakeitimas ir nutraukimas 1. Abonentas, kai pagal energijos pirkimo–pardavimo sutartį jis yra fizinis asmuo –

vartotojas, naudojantis energiją buitinėms reikmėms, turi teisę nutraukti sutartį vienašališkai apie tai pranešdamas energijos tiekimo įmonei, jeigu yra visiškai sumokėjęs už sunaudotą energiją. Daugiabučiame name gyvenantis vartotojas šia teisę gali įgyvendinti tik tuo atveju, jeigu toks sutarties nutraukimas nepadarys žalos kitų to namo butų gyventojams.

2. Jeigu abonentas yra juridinis asmuo, tai energijos tiekimo įmonė turi teisę vienašališkai atsisakyti sutarties šio kodekso 6.217 straipsnyje numatytais pagrindais, jeigu sutartis nenumato ko kita.

3. Energijos tiekimą nutraukti, sustabdyti ar apriboti leidžiama tik sutarties šalių susitarimu, išskyrus atvejus, kai valstybinės energetikos priežiūros institucijos nustato tokius abonento įrenginių trūkumus, dėl kurių gresia avarija ar kyla pavojus žmonių gyvybei ir saugumui. Apie energijos tiekimo nutraukimą, sustabdymą ar apribojimą energijos tiekimo įmonė privalo iš anksto pranešti abonentui.

4. Energijos tiekimą nutraukti, sustabdyti ar apriboti be suderinimo su abonentu ar be jo išankstinio įspėjimo leidžiama tik tais atvejais, kai tai būtina siekiant išvengti avarijos ar likviduoti energijos tiekimo tinklų avariją. Tačiau ir šiais atvejais abonentui privalo būti nedelsiant pranešta apie energijos tiekimo nutraukimą, sustabdymą ar apribojimą.

5. Draudžiama nutraukti elektros ir šilumos energijos, vandens ir dujų tiekimą daugiabučiams gyvenamiesiems namams dėl namo atskirų butų savininkų (nuomininkų) skolų už sunaudotą energiją, vandenį ar dujas.

6.391 straipsnis. Taikymo ribos

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Šio skirsnio normos taikomos aprūpinant elektros, šilumos energija, dujomis, naftos ir naftos produktais, vandeniu ir kitų rūšių energija per jų tiekimo tinklus, jeigu įstatymai nenustato ko kita arba kitokia išvada nedarytina atsižvelgiant į prievolės esmę.

AŠTUNTASIS SKIRSNIS NEKILNOJAMOJO DAIKTO PIRKIMO–PARDAVIMO SUTARTYS

6.392 straipsnis. Taikymo ribos 1. Šio skirsnio normos taikomos žemės, pastatų, gyvenamųjų namų, butų ir kitokių

nekilnojamųjų daiktų pirkimui–pardavimui. 2. Šio skirsnio normos taikomos įmonių pirkimui–pardavimui tiek, kiek šio skyriaus

devintojo skirsnio normos (6.402–6.410 straipsniai) nenustato ko kita.

6.393 straipsnis. Sutarties forma 1. Nekilnojamojo daikto pirkimo–pardavimo sutartis turi būti notarinės formos. 2. Formos reikalavimų nesilaikymas sutartį daro negaliojančią. 3. Prieš trečiuosius asmenis nekilnojamojo daikto pirkimo–pardavimo sutartis gali būti

panaudota ir jiems sukelia teisines pasekmes tik tuo atveju, jei ji įstatymų nustatyta tvarka įregistruota viešame registre.

4. Nuosavybės teisė į nekilnojamąjį daiktą pirkėjui pereina nuo daikto perdavimo. Šis faktas turi būti įformintas šio kodekso 6.398 straipsnio nustatyta tvarka. Jeigu viena šalis vengia įregistruoti nuosavybės teisės perėjimo faktą, tai kitos šalies prašymu teismas gali priimti sprendimą dėl sutarties įregistravimo. Šiuo atveju sutartis registruojama teismo sprendimo pagrindu. Šalis, nepagrįstai vengusi įregistruoti nuosavybės teisės perėjimą, turi atlyginti kitai šaliai dėl to patirtus nuostolius.

6.394 straipsnis.Teisės į žemės sklypą 1. Pagal pastato, įrenginio ar kitokio nekilnojamojo daikto pirkimo–pardavimo sutartį

pirkėjui kartu su nuosavybės teise į tą daiktą pardavėjas perduoda ir šio straipsnio 2 ir 3 dalyse nurodytos teises į tą žemės sklypo dalį, kurią tas daiktas užima ir kuri būtina jam naudoti pagal paskirtį.

2. Jeigu pardavėjas yra žemės sklypo, kuriame yra parduodamas nekilnojamasis daiktas, savininkas, tai pirkėjui perduodama nuosavybės teisė į tą žemės sklypą arba žemės nuomos ar užstatymo teisė, atsižvelgiant į tai, ką numato sutartis. Sutartis, kurioje neaptartos pirkėjo teisės į žemės sklypą, negali būti notaro tvirtinama, o jeigu patvirtinta, – yra negaliojanti.

3. Jeigu nekilnojamojo daikto savininkas nėra žemės sklypo, kuriame tas daiktas yra, savininkas, tai nekilnojamąjį daiktą jis gali parduoti be žemės sklypo savininko sutikimo tik tuo atveju, jeigu tai neprieštarauja įstatymų ir (ar) sutarties nustatytoms to žemės sklypo naudojimo sąlygoms. Kai toks nekilnojamasis daiktas parduodamas, pirkėjas įgyja teisę naudotis atitinkama žemės sklypo dalimi tokiomis pat sąlygomis kaip nekilnojamojo daikto pardavėjas.

6.395 straipsnis. Teisės į nekilnojamąjį daiktą parduodant žemės sklypą 1. Parduodant žemės sklypą, kuriame yra pastatų, statinių, įrenginių, sodinių ar kitokių

objektų, sutartyje turi būti aptartas nuosavybės teisės į juos perėjimo klausimas. Jeigu šis klausimas sutartyje neaptartas, laikoma, kad nuosavybės teisė į parduotame žemės sklype esančius pastatus, statinius, įrenginius, sodinius ir kitokius objektus perėjo žemės sklypo pirkėjui.

2. Jeigu žemės sklypas, kuriame yra pardavėjui nuosavybės teise priklausančių pastatų ar kitokių nekilnojamųjų daiktų, parduodamas neperduodant pirkėjui nuosavybės teisės į tuos nekilnojamuosius daiktus, tai pardavėjui paliekama teisė naudotis ta žemės sklypo dalimi, kurią užima nekilnojamieji daiktai ir kuri yra būtina jų naudojimui užstatymo ar kitokia pirkimo– pardavimo sutartyje numatyta teise ir sąlygomis.

3. Jeigu pirkimo–pardavimo sutartyje pardavėjo teisė naudotis žemės sklypo dalimi ir jos sąlygos neaptartos, tai pardavėjui nustatomas servitutas į tą žemės sklypo dalį, kurią užima nekilnojamasis daiktas ir kuri būtina jo naudojimui pagal jo paskirtį.

6.396 straipsnis. Sutarties dalykas

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1. Nekilnojamojo daikto pirkimo–pardavimo sutartyje privalo būti nurodyti duomenys apie nekilnojamąjį daiktą, kurį pardavėjas privalo pagal sutartį perduoti pirkėjui, taip pat nurodyta to daikto vieta atitinkamame žemės sklype arba parduodamo nekilnojamojo daikto vieta kitame nekilnojamajame daikte.

2. Jeigu sutartyje šio straipsnio 1 dalyje nurodytų duomenų nėra, tai sutartis negali būti notaro tvirtinama, o patvirtinta – negalioja.

6.397 straipsnis. Kaina 1. Nekilnojamojo daikto pirkimo–pardavimo sutartyje privalo būti nurodyta parduodamo

nekilnojamojo daikto kaina. Šio kodekso 6.313 straipsnio 2–6 dalyse nustatytos taisyklės nekilnojamojojo daikto pirkimo–pardavimo sutartims netaikomos. Jeigu kaina sutartyje nenurodyta, sutartis laikoma nesudaryta.

2. Kai parduodamas žemės sklypas, į jo kainą įeina ir jame esančių pastatų, statinių, įrenginių, sodinių ir kitokių objektų kaina, jeigu ko kita nenustato įstatymai ar sutartis.

3. Jeigu nekilnojamojo daikto pirkimo–pardavimo sutartyje nurodyta tik daikto ploto ar kitokio jo dydžio vieneto kaina, tai viso daikto kaina nustatoma pagal faktišką pirkėjui perduodamo nekilnojamojo daikto dydį.

6.398 straipsnis. Daikto perdavimas 1. Nekilnojamojo daikto perdavimas ir jo priėmimas turi būti įformintas pardavėjo ir

pirkėjo pasirašytu priėmimo–perdavimo aktu arba kitokiu sutartyje nurodytu dokumentu. 2. Jeigu ko kita nenumato įstatymai ar sutartis, pardavėjo prievolė perduoti nekilnojamąjį

daiktą laikoma įvykdyta nuo daikto perdavimo pirkėjui ir atitinkamo dokumento apie jo perdavimą pasirašymo.

3. Jeigu viena sutarties šalis vengia pasirašyti sutartyje nurodytą perdavimo dokumentą, laikoma, kad pirkėjas atsisako priimti, o pardavėjas atsisako perduoti daiktą.

4. Aplinkybė, kad pirkėjas priėmė pirkimo–pardavimo sutarties sąlygų neatitinkantį nekilnojamąjį daiktą, nėra pagrindas atleisti pardavėją nuo atsakomybės už netinkamą sutarties įvykdymą net ir tais atvejais, kai toks neatitikimas buvo aptartas nekilnojamojo daikto perdavimo dokumente.

6.399 straipsnis. Netinkamos kokybės daikto perdavimas Jeigu pagal nekilnojamojo daikto pirkimo–pardavimo sutartį pardavėjas perduoda pirkėjui

netinkamos kokybės daiktą, taikomos šio kodekso 6.334 straipsnio taisyklės, išskyrus pirkėjo teisę reikalauti netinkamos kokybės daiktą pakeisti tinkamu.

6.400 straipsnis. Gyvenamojo namo ar buto pirkimo–pardavimo sutarčių sąlygos ir turinys

Be šio kodekso 6.396 ir 6.397 straipsniuose numatytų sąlygų, esminė gyvenamojo namo, buto ar jų dalies pirkimo–pardavimo sutarties sąlyga, kai parduodamame name ar bute gyvena asmenys, kurie pagal įstatymus ar sutartis išsaugo teisę naudotis gyvenamąja patalpa ir pasikeitus jos savininkui, yra šių asmenų išvardijimas (sąrašas) ir jų teisės naudotis parduodama gyvenamąja patalpa turinys.

6.401 straipsnis. Būsimo gyvenamojo namo ar buto pirkimo–pardavimo sutartis 1. Pirkėjas – fizinis asmuo gali sudaryti preliminariąją nepastatyto gyvenamojo namo ar

buto pirkimo–pardavimo sutartį, pagal kurią pardavėjas – juridinis asmuo įsipareigoja pats ar pasitelkęs kitus asmenis pastatyti preliminariojoje sutartyje numatytą gyvenamąjį namą ar butą ir po to sudaryti su pirkėju gyvenamojo namo ar buto pirkimo–pardavimo sutartį, o pirkėjas įsipareigoja pastatytą gyvenamąjį namą ar butą nupirkti už preliminariojoje sutartyje nurodytą kainą.

2. Preliminariojoje sutartyje privalo būti nurodyta: 1) pirkėjo teisė per dešimt dienų nuo sutarties sudarymo dienos atsisakyti preliminariosios

sutarties; 2) būsimo gyvenamojo namo ar buto kaina ir jos patikslinimo ar pakeitimo sąlygos; 3) sutarties dalyko aprašymai ir darbai, kuriuos privalo atlikti pardavėjas;

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4) gyvenamojo namo ar buto statybos terminai; 5) teisės į gyvenamąjį namą ar butą suvaržymai (tiek esantys, tiek būsimi); 6) rangovas, architektas, inžinierius ir kiti statybą ir jos priežiūrą atliksiantys asmenys; 7) žemės sklypo, kuriame bus statomas namas ar butas, teisinis statusas ir nusipirkusio

gyvenamąjį namą ar butą pirkėjo teisės į žemės sklypą. 3. Kai preliminariojoje sutartyje numatyta pardavėjo teisė reikalauti iš pirkėjo atlyginti

nuostolius, kurių pardavėjas patirtų, jeigu pirkėjas įgyvendintų šio straipsnio 2 dalies 1 punkte nurodytą teisę, atlygintinų nuostolių dydis negali viršyti 1/5 procento pirkimo–pardavimo sutartyje nurodytos nekilnojamojo daikto kainos.

4. Neatskiriama preliminariosios sutarties dalis yra gyvenamojo namo ar buto projektas, jo sąmata ir kiti dokumentai.

5. Preliminariojoje sutartyje gali būti numatyta, kad pirkėjas finansuoja gyvenamojo namo ar buto statybą sutartyje numatytomis sąlygomis, o pardavėjas atlieka užsakovo funkcijas. Šiuo atveju visišką nuosavybės teisę į gyvenamąjį namą ar butą pirkėjas įgyja nuo visos preliminariojoje sutartyje numatytos statybos kainos sumokėjimo.

6. Viena preliminariosios sutarties šalis gali įkeisti nepastatytą gyvenamąjį namą ar butą tik tuo atveju, kai kita šalis raštu sutinka, jeigu preliminarioji sutartis nenumato ko kita.

DEVINTASIS SKIRSNIS ĮMONĖS PIRKIMAS–PARDAVIMAS

6.402 straipsnis. Įmonės pirkimo–pardavimo sutarties samprata 1. Pagal įmonės pirkimo–pardavimo sutartį pardavėjas įsipareigoja perduoti pirkėjui

nuosavybės teise visą įmonę kaip turtinį kompleksą ar jos esminę dalį, išskyrus teises ir pareigas, kurių pardavėjas neturi teisės perduoti kitiems asmenims, o pirkėjas įsipareigoja tai priimti ir sumokėti kainą.

2. Teisė į firmos vardą, prekių ar paslaugų ženklą ar į kitus pardavėją ar jo prekes ar teikiamas paslaugas identifikuojančius žymenis, taip pat į teises, kurios pardavėjui priklauso pagal licencinę sutartį, pereina pirkėjui, jeigu ko kita nenumato sutartis.

3. Pardavėjo teisės, kurias jis įgijo pagal leidimus (licencijas), perduodamos pirkėjui tik tuo atveju, jeigu tokio perdavimo galimybė numatyta įstatymuose ar leidime (licencijoje). Perdavimas kartu su įmone pirkėjui prievolių, kurių šis negali įvykdyti dėl to, kad neturi leidimo (licencijos) tokioms prievolėms vykdyti, neatleidžia pardavėjo nuo atsakomybės kreditoriams už tokių prievolių neįvykdymą. Šiais atvejais už prievolių neįvykdymą įmonės kreditoriams pardavėjas ir pirkėjas atsako solidariai.

6.403 straipsnis. Sutarties forma 1. Įmonės pirkimo–pardavimo sutartis turi būti vienas rašytinės formos abiejų sutarties

šalių pasirašytas dokumentas, patvirtintas notaro ir turintis būtinus šio kodekso 6.404 straipsnyje nurodytus priedus.

2. Sutarties formos reikalavimų nesilaikymas sutartį daro negaliojančią. 3. Prieš trečiuosius asmenis įmonės pirkimo–pardavimo sutartis gali būti panaudota tik tuo

atveju, jei ji įstatymų nustatyta tvarka įregistruota viešame registre ir padaryti atitinkami pakeitimai juridinių asmenų registre.

6.404 straipsnis. Sutarties turinys ir jos priedai 1. Sutartyje turi būti nurodyta parduodamos įmonės turto sudėtis ir įmonės kaina, taip pat

asmuo, kuriam bus sumokėta ir kuris atsiskaitys su įmonės kreditoriais (šio kodekso 6.405 straipsnis).

2. Iki sutarties pasirašymo ir tokiu būdu, kad būtų galima įvykdyti šio kodekso 6.405 straipsnio 1 dalyje nurodytą pareigą, turi būti parengti ir šalių suderinti bei pasirašyti šie sutarties priedai:

1) įmonės turto inventorizavimo aktas; 2) įmonės balansas; 3) nepriklausomo auditoriaus išvada apie įmonės turto sudėtį ir jo kainą;

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4) įmonės skolų (prievolių) sąrašas, kuriame nurodyta skolos dydis, įvykdymo terminas, prievolių užtikrinimo rūšis, kreditoriai ir jų adresai.

3. Šio straipsnio 2 dalyje numatytuose dokumentuose nurodytas turtas, teisės ir pareigos perduodamos pirkėjui, išskyrus sutartyje ir šio kodekso 6.402 straipsnyje numatytas išimtis.

6.405 straipsnis. Įmonės kreditorių teisių apsauga 1. Pirkėjas ne mažiau kaip prieš dvidešimt dienų iki sutarties sudarymo privalo raštu

pranešti visiems įmonės skolų (prievolių) sąraše nurodytiems įmonės kreditoriams apie numatytą įmonės pardavimą. Jeigu pirkėjas šios pareigos neįvykdo, pardavėjo kreditoriai turi teisę savo reikalavimus pareikšti tiesiogiai pirkėjui. Apie įmonės pardavimą jos kreditoriams nereikia pranešti tik tuo atveju, jeigu įmonės kaina mokama pinigais ir šios pinigų sumos pakanka visiškai atsiskaityti su visais įmonės kreditoriais.

2. Įmonės kreditorius, gavęs šio straipsnio 1 dalyje nurodytą pranešimą, per dvidešimt dienų nuo jo gavimo privalo raštu pranešti pirkėjui apie savo reikalavimo dalį ir pobūdį.

3. Pirkėjas sutartyje numatytos kainos dalį sumoka sutartyje nurodytam asmeniui, kuriam pavedama atsiskaityti su įmonės kreditoriais, o likusią sumą – pardavėjui. Asmeniu, kuriam pavedama atsiskaityti su įmonės kreditoriais, šalys gali pasirinkti tik banką, kitą kredito įstaigą arba draudimo įmonę.

4. Asmuo, kuriam pavedama atsiskaityti su įmonės kreditoriais, per dvidešimt dienų nuo kainos sumokėjimo parengia ir išsiunčia įmonės kreditoriams kainos paskirstymo parduodamos įmonės skoloms padengti aktą.

5. Jeigu kreditoriai kainos paskirstymo akto neginčija, jiems išmokama kainos dalis, proporcinga jų reikalavimų dydžiui.

6. Jeigu per dvidešimt dienų nuo kainos paskirstymo akto gavimo įmonės kreditorius (kreditoriai) pareiškia prieštaravimus dėl kainos paskirstymo akto, asmuo, kuriam buvo sumokėta kaina, turi kreiptis į teismą, kad šis nustatytų kreditorių reikalavimų tenkinimo eilę ir tvarką.

7. Šiame straipsnyje nustatytos tvarkos pirkėjui nereikia laikytis, jeigu jis visiems įmonės kreditoriams pateikia priimtiną reikalavimų įvykdymo užtikrinimą. Jeigu pirkėjas tinkamai įvykdė šiame straipsnyje nustatytas savo pareigas, tai įmonės kreditoriai netenka teisės reikšti jam ar parduotos įmonės turtui jokių reikalavimų, tačiau išsaugo teisę reikalauti iš pardavėjo.

6.406 straipsnis. Įmonės kreditorių teisių pažeidimo teisinės pasekmės 1. Jeigu pirkėjas netinkamai įvykdė šio kodekso 6.405 straipsnyje nustatytas pareigas, tai

įmonės pardavimo faktas negali būti panaudotas prieš įmonės kreditorius, kurių reikalavimo teisė atsirado iki įmonės pirkimo–pardavimo sutarties sudarymo, išskyrus atvejus, kai pirkėjas patenkina kreditorių reikalavimus sumokėdamas nusipirktos įmonės turto vertę.

2. Šio straipsnio 1 dalyje numatyti kreditorių reikalavimai gali būti tenkinami, jeigu jie buvo pareikšti per vienerius metus nuo tos dienos, kurią jie sužinojo arba turėjo sužinoti apie įmonės pardavimą, ir jeigu po įmonės pardavimo nepraėjo daugiau kaip treji metai.

3. Įmonės pirkėjas ir pardavėjas solidariai atsako už asmens, kuriam buvo sumokėta kaina ir kuris turėjo atsiskaityti su kreditoriais, veiksmus, tačiau pirkėjo atsakomybė yra ne didesnė už jo nusipirktos įmonės turto vertę.

4. Įmonės kreditoriai, kurių reikalavimai buvo užtikrinti įkeitimu (hipoteka) ir kurie nedalyvavo paskirstant kainą arba jų reikalavimai nebuvo visiškai patenkinti, savo teises išsaugo visais atvejais.

6.407 straipsnis. Įmonės perdavimas 1. Pardavėjas perduoda įmonę pirkėjui pagal perdavimo–priėmimo aktą. Akte turi būti

nurodyti duomenys apie įmonę ir jos turtą, turto būklę, šalių įsipareigojimai įmonės kreditoriams ir jų įvykdymas.

2. Įmonę paruošti perdavimui, parengti perdavimo–priėmimo aktą privalo pardavėjas savo lėšomis, jeigu sutartis nenumato ko kita.

3. Įmonė pripažįstama perduota pirkėjui nuo to momento, kai jos perdavimo–priėmimo aktą pasirašo abi šalys.

4. Atsitiktinio įmonės turto žuvimo ar sugedimo rizika pereina pirkėjui nuo įmonės perdavimo–priėmimo akto pasirašymo.

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5. Jeigu sutartis numato, kad nuosavybės teisė į įmonę išlieka pardavėjui tol, kol pirkėjas sumoka visą kainą, arba iki kitokių aplinkybių įvykdymo, tai pirkėjas, kol jam pereis nuosavybės teisė į įmonę, turi teisę naudotis įmonės turtu ir į jį įeinančiomis teisėmis tiek ir tokiu būdu, kiek tai reikalinga dėl to, kam įmonė įsigyta.

6.408 straipsnis. Įmonės su trūkumais perdavimo teisinės pasekmės 1. Kai pirkėjui perduota įmonė, kuri neatitinka sutartyje aptartų kokybės ir kitokių

reikalavimų, pirkėjas gali įgyvendinti šio kodekso 6.321–6.323, 6.330, 6.334, 6.341 straipsniuose numatytas teises, jeigu šio straipsnio 2–4 dalys arba sutartis nenustato ko kita.

2. Kai įmonė perduota ir priimta pagal perdavimo–priėmimo aktą, kuriame nurodyti įmonės ar jos turto trūkumai, pirkėjas turi teisę reikalauti sumažinti kainą, jeigu pagal sutartį kitokių reikalavimų tokiu atveju jis neturi teisės pareikšti.

3. Pirkėjas turi teisę reikalauti sumažinti kainą, jeigu jam buvo perduotos sutartyje ar jos perdavimo–priėmimo akte nenurodytos pardavėjo skolos (prievolės), išskyrus atvejus, kai pardavėjas įrodo, kad pirkėjas apie tas skolas (prievoles) žinojo ar turėjo žinoti sutarties sudarymo ir įmonės perdavimo metu.

4. Jeigu pardavėjas gauna pirkėjo pranešimą apie tai, kad yra nustatyta perduoto turto trūkumų ar tam tikro sutartyje numatyto turto apskritai nėra, tai pardavėjas turi teisę nedelsdamas pakeisti netinkamos kokybės turtą tinkamu arba pasiūlyti pirkėjui trūkstamą turtą.

5. Jeigu dėl įmonės trūkumų, už kuriuos atsako pardavėjas, įmonės neįmanoma panaudoti sutartyje nurodytam tikslui ir jų neįmanoma pašalinti arba pardavėjas jų nepašalino per nustatytus terminus, tai pirkėjas turi teisę teismo tvarka reikalauti nutraukti arba pakeisti sutartį ir atlyginti nuostolius.

6.409 straipsnis. Sandorių negaliojimo ir sutarties nutraukimo ar pakeitimo teisinių pasekmių atsiradimas

Įmonės pirkimo–pardavimo sutarčiai šiame kodekse numatytos sandorių negaliojimo, sutarties pakeitimo ar nutraukimo teisinės pasekmės atsiranda tik tuo atveju, jeigu tai iš esmės nepažeidžia pardavėjo ir pirkėjo kreditorių teisių ir įstatymų saugomų interesų bei neprieštarauja viešajai tvarkai.

6.410 straipsnis. Atvejai, kuriais šio skirsnio normos netaikomos Šio skirsnio normos, reglamentuojančios įmonės pirkimą–pardavimą, netaikomos tais

atvejais, kai parduodamas įkeistas įmonės turtas, taip pat kai įmonės turtą parduoda jos administratorius ar teismo antstolis.

DEŠIMTASIS SKIRSNIS DAIKTŲ PIRKIMAS–PARDAVIMAS IŠSIMOKĖTINAI

6.411 straipsnis. Daiktų pirkimo–pardavimo išsimokėtinai sutartis 1. Pagal daiktų pirkimo–pardavimo išsimokėtinai (kreditan) sutartį pardavėjui išlieka

nuosavybės teisė į parduodamus daiktus tol, kol pirkėjas nesumoka visos sutartyje numatytos kainos, jeigu sutartyje nenumatyta kitaip.

2. Aplinkybę, kad nusipirktų neregistruojamų daiktų nuosavybės teisė išlieka pardavėjui, kai daiktai įsigyti teikti paslaugoms arba įmonės verslui, galima panaudoti prieš trečiuosius asmenis tik tuo atveju, jeigu pirkimo–pardavimo sutartis buvo įregistruota įstatymų nustatyta tvarka viešame registre.

6.412 straipsnis. Daiktų atsitiktinio žuvimo ar sugedimo rizika Pirkėjui perduotų daiktų atsitiktinio žuvimo ar sugedimo rizika tenka pirkėjui, išskyrus

vartojimo sutartis, taip pat kai daikto pirkimo–pardavimo išsimokėtinai sutartis numato ką kita.

6.413 straipsnis. Sutarties forma ir turinys 1. Daiktų pirkimo–pardavimo išsimokėtinai sutartis turi būti rašytinė. 2. Sutartyje privalo būti nurodyta daikto kaina ir periodinių įmokų dydis, periodinių įmokų

mokėjimo terminai ir atsiskaitymo tvarka.

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6.414 straipsnis. Kaina ir atsiskaitymo tvarka 1. Daikto kaina ir atsiskaitymo tvarka parduodant jį išsimokėtinai nustatoma šalių

susitarimu. Jeigu šalys sutartyje nenustatė kitaip, tai vėlesnis išsimokėtinai parduotų daiktų kainos pasikeitimas neturi įtakos šalių tarpusavio atsiskaitymui. Kai pirkėjas nesilaiko sutartyje nustatytų periodinių įmokų mokėjimo terminų, o nuosavybės teisė į daiktą išlieka pardavėjui, pardavėjas turi teisę pareikalauti sumokėti visą kainą iš karto arba atsiimti parduotą daiktą. Jeigu sutartyje nenumatyta kas kita, iš atsiėmusio daiktą pardavėjo pirkėjas turi teisę reikalauti grąžinti savo įmokas. Kai pirkėjas yra sumokėjęs daugiau kaip pusę daiktų kainos, pardavėjas neturi teisės reikalauti grąžinti daiktus, jeigu sutartis nenumato ko kita. Iš grąžintinų įmokų atskaitomos sutartyje numatyto daikto nusidėvėjimo ir naudojimosi daiktu išlaidos.

2. Kai nuosavybės teisė pereina pirkėjui nuo daikto perdavimo, nuo to momento, kai daiktai perduodami pirkėjui, iki visiško sumokėjimo laikoma, kad šie daiktai įkeisti pardavėjui užtikrinant pirkėjo prievoles pagal sudarytą sutartį (priverstinis įkeitimas (hipoteka), jeigu sutartis nenumato ko kita.

3. Kai pirkėjas be pardavėjo sutikimo perleidžia jam perduotus daiktus kitam asmeniui arba daiktai dėl neteisėtų pirkėjo veiksmų areštuojami, pardavėjas turi teisę reikalauti, kad pirkėjas likusią kainos dalį sumokėtų nedelsdamas.

4. Kai daiktų pirkimo–pardavimo išsimokėtinai sutartis buvo įregistruota, atsiėmęs daiktus pardavėjas privalo per dvidešimt dienų, o tuo atveju, kai sutarties dalykas yra nekilnojamasis daiktas, – per šešiasdešimt dienų įstatymų nustatyta tvarka sutarties registravimą panaikinti.

6.415 straipsnis. Palūkanos Daiktų pirkimo–pardavimo išsimokėtinai sutartyje gali būti numatyta pirkėjo pareiga

mokėti palūkanas, jeigu pirkėjas praleidžia periodinių įmokų mokėjimo terminą. Šiuo atveju palūkanos skaičiuojamos nuo termino pabaigos dienos iki įmokų sumokėjimo.

6.416 straipsnis. Daiktų pirkimo–pardavimo išsimokėtinai ypatumai, kai pirkėjas yra vartotojas

Jeigu pirkėjas yra vartotojas, tai daiktų pirkimo–pardavimo išsimokėtinai sutarčiai atitinkamai taikomas šio kodekso 6.188 straipsnis ir kitos vartotojų teises ginančios teisės normos.

VIENUOLIKTASIS SKIRSNIS PIRKIMAS–PARDAVIMAS SU ATPIRKIMO TEISE

6.417 straipsnis. Pirkimo–pardavimo su atpirkimo teise sutartis 1. Pagal pirkimo–pardavimo su atpirkimo teise sutartį pardavėjas įsipareigoja parduoti

daiktą pirkėjui kartu įgydamas teisę parduotą daiktą atpirkti, o pirkėjas įsipareigoja daiktą valdyti, naudoti ir juo disponuoti taip, kad pardavėjas galėtų įgyvendinti atpirkimo teisę.

2. Pirkimo–pardavimo su atpirkimo teise sutartis, kai neregistruojami daiktai perkami paslaugoms teikti arba įmonės verslui, gali būti panaudota prieš trečiuosius asmenis tik tuo atveju, jeigu ji įstatymų nustatyta tvarka įregistruota viešame registre.

3. Pardavėjas atpirkimo teisę turi ne ilgiau kaip penkerius metus. Jeigu sutartis numato ilgesnį šios teisės terminą, jis sutrumpinamas iki penkerių metų.

6.418 straipsnis. Atpirkimo teisės įgyvendinimas 1. Pardavėjas, norėdamas pasinaudoti atpirkimo teise, turi apie tai pranešti pirkėjui arba

bet kuriam kitam asmeniui, iš kurio jis žada atpirkti. Toks pranešimas turi būti viešai paskelbtas ne vėliau kaip prieš dvidešimt dienų iki pasinaudojimo atpirkimo teise dienos, jei daiktas yra kilnojamasis, ir ne vėliau kaip prieš šešiasdešimt dienų, – jei daiktas nekilnojamasis. Jeigu sutartis buvo įregistruota, apie pageidavimą pasinaudoti atpirkimo teise turi būti pranešta ir viešo registro tvarkytojui.

2. Pardavėjas, įgyvendindamas atpirkimo teisę, daiktą atsiima be jokių teisės į tą daiktą suvaržymų ir apribojimų ar papildomų įmokų ir atlyginimo pirkėjui, jeigu pranešimas apie ketinimą pasinaudoti atpirkimo teise buvo paskelbtas šio straipsnio nustatyta tvarka.

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3. Jeigu pirkėjas, įsigijęs neatskiriamą turto dalį, kuriai gali būti taikoma atpirkimo teisė, įsigyja likusią neatskiriamą turto dalį, tai jis gali pareikalauti, kad pardavėjas, įgyvendindamas atpirkimo teisę, nupirktų ir pirkėjo įsigytą likusį turtą.

4. Jeigu daiktą pardavė keli pardavėjai bendrai pagal vieną sutartį ir jie nori atpirkti tą daiktą arba atpirkimo teisę nori įgyvendinti keli pardavėjo įpėdiniai, tai pirkėjas turi teisę reikalauti, kad vienas pardavėjas ar įpėdinis nupirktų ne tik savo dalį, bet ir visą daiktą.

5. Jeigu sutartyje nustatyta, kad atpirkimo teisė yra paskolos užtikrinimas, pardavėjas laikomas skolininku (paskolos gavėju), o pirkėjas – kreditoriumi, turinčiu įkeitimo teisę.

6. Vertybinių popierių pirkimo–pardavimo su atpirkimo teise sutarties ypatumus nustato atskiri įstatymai.

DVYLIKTASIS SKIRSNIS DAIKTŲ PARDAVIMAS AUKCIONO BŪDU

6.419 straipsnis. Daiktų pirkimas–pardavimas aukciono būdu 1. Daiktų pirkimas–pardavimas aukciono būdu reiškia, kad daiktai siūlomi pirkti keliems

asmenims per tarpininką – aukciono vedėją, o sutartis laikoma sudaryta su tuo pirkėju – aukciono dalyviu, kuris pasiūlo didžiausią kainą už parduodamą daiktą.

2. Aukcionas gali būti savanoriškas arba priverstinis. Varžytynių, kaip priverstinio aukciono, ypatumus nustato Civilinio proceso kodeksas.

3. Valstybei ir savivaldybėms nuosavybės teise priklausančių daiktų pirkimui–pardavimui aukciono būdu šio skirsnio taisyklės taikomos tiek, kiek kiti įstatymai nenumato ko kita.

6.420 straipsnis. Kaina ir aukciono sąlygos 1. Pardavėjas gali nustatyti pradinę parduodamo daikto kainą arba bet kokias kitas

aukciono sąlygas. Tačiau nepaskelbtos aukciono sąlygos negali būti panaudotos prieš aukciono dalyvius, išskyrus atvejus, kai aukciono vedėjas šias sąlygas paskelbė aukciono dalyviams prieš gaudamas pasiūlymą.

2. Pardavėjas turi teisę neatskleisti savo asmens, tačiau jeigu jo asmuo neatskleidžiamas aukciono laimėtojui, tai už visas pardavėjo prievoles laimėtojui atsako aukciono vedėjas.

3. Aukciono dalyvis neturi teisės atšaukti savo pasiūlymą.

6.421 straipsnis. Sutarties sudarymo momentas 1. Pirkimo–pardavimo aukciono būdu sutartis laikoma sudaryta, kai aukciono vedėjas tai

paskelbia plaktuko dūžiu arba kitokiu įprastu veiksmu. Jeigu tuo pat metu, kai aukciono vedėjas plaktuko dūžiu skelbia, kad aukcionas dėl to daikto baigtas, pateikiamas naujas pasiūlymas, tai aukciono vedėjas turi teisę savo nuožiūra pratęsti aukcioną arba daiktą pripažinti parduotu už paskutinę prieš plaktuko dūžį pasiūlytą kainą.

2. Įrašas aukciono vedėjo registre apie pasiūlymą ir laimėtojo pavardė (pavadinimas) yra sutarties sudarymo įrodymas. Jeigu toks įrašas nebuvo padarytas, sutarties sudarymo faktą galima įrodinėti remiantis liudytojų parodymais.

3. Jeigu aukcione parduotas nekilnojamasis daiktas, tai per dešimt dienų nuo pardavimo pardavėjas ir pirkėjas turi sudaryti įstatymų reikalaujamos formos sutartį.

4. Jeigu aukcione parduodama įmonė, tai būtina laikytis ir šio kodekso 6.403–6.407 straipsniuose numatytų reikalavimų.

6.422 straipsnis. Kainos sumokėjimas 1. Kainą pirkėjas privalo sumokėti aukciono sąlygose nustatyta tvarka ir terminais. 2. Jeigu pirkėjas nustatyta tvarka ir terminais kainos nesumoka, aukciono vedėjas turi teisę

įgyvendinti visas pardavėjo teises. Be to, aukciono vedėjas turi papildomą teisę paskelbti, kad rengia naują aukcioną tai prekei parduoti, per protingą terminą pranešęs pirkėjui. Šiuo atveju nesąžiningas pirkėjas neturi teisės dalyvauti naujame aukcione. Nesąžiningas pirkėjas tokiais atvejais privalo atlyginti aukciono vedėjui naujo aukciono organizavimo ir surengimo išlaidas, taip pat sumokėti kainų skirtumą, jeigu naujame aukcione daiktas buvo parduotas už mažesnę kainą negu ta, kurios nesumokėjo nesąžiningas pirkėjas.

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6.423 straipsnis. Daikto atsiėmimas iš aukciono Jeigu aukciono vedėjas paprašė teikti pasiūlymus, daiktas, dėl kurio skelbiamas aukcionas,

negali būti atsiimtas, išskyrus atvejus, kai per protingą laiko tarpą negauta jokio pasiūlymo. Daiktą, dėl kurio paskelbtas aukcionas, galima iš aukciono atsiimti bet kada, jeigu skelbiamas specialus aukcionas.

6.424 straipsnis. Pirkėjo teisių apsauga Kai daiktas, kurį pirkėjas įsigijo aukciono būdu, yra areštuojamas pagal pardavėjo

kreditorių reikalavimą, pirkėjas turi teisę atsisakyti sutarties ir reikalauti, kad pardavėjas jam grąžintų sumokėtą kainą bei atlygintų nuostolius, jeigu pirkėjas apie kreditorių pretenzijas dėl turto nežinojo ir negalėjo žinoti.

TRYLIKTASIS SKIRSNIS TEISIŲ PIRKIMAS–PARDAVIMAS

6.425 straipsnis. Teisių pirkimo–pardavimo sutartis Teisių pirkimo–pardavimo sutarčiai taikomos šio skyriaus nuostatos tiek, kiek tai

neprieštarauja tų teisių prigimčiai ir esmei.

6.426 straipsnis. Paveldėjimo teisių pardavimas 1. Priėmęs palikimą asmuo, parduodamas paveldėjimo teises, kai nedetalizuojamas

palikimą sudarantis turtas, privalo garantuoti pirkėjui tik savo, kaip įpėdinio, teisinį statusą. 2. Pardavėjas privalo perduoti pirkėjui visus iš palikimo gautus vaisius ir pajamas, taip pat

visas reikalavimo teises ir už parduotus daiktus, sudariusius palikimo dalį, gautą kainą. 3. Pirkėjas privalo atlyginti pardavėjui palikimo priėmimo išlaidas ir sumokėti sumas,

kurias priklauso mokėti iš palikimo pardavėjui. 4. Pirkėjas turi atlyginti pardavėjui šio turėtas išlaidas, susijusias su palikėjo skolų

grąžinimu. 5. Pirkėjas privalo apmokėti palikėjo skolas, už kurias atsako pardavėjas.

6.427 straipsnis. Ginčijamų teisių pardavimas 1. Teisė yra ginčo objektas, jeigu ją ginčija asmuo, pareikšdamas ieškinį, arba yra reali

tikimybė, kad toks ieškinys gali būti pareikštas. 2. Ginčijamų teisių, kurios yra ginčo objektas, neturi teisės pirkti advokatai, teisėjai,

notarai, teismo antstoliai, jų šeimos nariai ir artimieji giminaičiai. Šių asmenų sudarytos ginčijamų teisių pirkimo–pardavimo sutartys negalioja.

3. Jeigu ginčijamos teisės parduotos, asmuo, iš kurio šios teisės išreikalaujamos, visiškai atleidžiamas nuo prievolės po to, kai sumoka pirkėjui pirkimo–pardavimo sutarties kainą, pirkimo–pardavimo sutarties sudarymo išlaidas ir palūkanas, skaičiuojamas nuo kainos. Ši išpirkimo teisė negali būti įgyvendinama, jeigu teisės parduotos kreditoriui kaip skolos grąžinimas arba vienam iš parduotos teisės įpėdinių ar bendraturčių. Išpirkimo teisė taip pat negali būti įgyvendinama, jeigu teismas priėmė sprendimą, pripažįstantį parduotą teisę.

KETURIOLIKTASIS SKIRSNIS KITOKIŲ PIRKIMO–PARDAVIMO SUTARČIŲ YPATUMAI

6.428 straipsnis. Vertybinių popierių ir valiutos pirkimo–pardavimo sutartys Vertybinių popierių ir valiutos pirkimo–pardavimo sutarčių sudarymo ypatumus nustato

atskiri įstatymai.

6.429 straipsnis. Pirkimo–pardavimo sutarties sudarymas konkurso būdu 1. Pirkimo–pardavimo sutartį sudaro konkurso būdu pardavėjas su pirkėju, kurį konkurso

komisija nustato pagal konkurso sąlygas. 2. Pirkimo–pardavimo sutarties sudarymą konkurso būdu reglamentuoja šis kodeksas ir

konkurso taisyklės. Jas tvirtina konkurso organizatorius ar kitas jo įgaliotas asmuo.

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6.430 straipsnis. Pirkimo–pardavimo sutarčių sudarymas biržoje 1. Pirkimo–pardavimo sutarčių sudarymą prekių ar vertybinių popierių biržoje

reglamentuoja biržų veiklą nustatantys įstatymai ir prekybos biržose taisyklės. 2. Šiame skyriuje numatytos bendrosios pirkimo–pardavimo sutarčių sudarymo taisyklės

biržoje sudaromoms pirkimo–pardavimo sutartims taikomos tiek, kiek jos neprieštarauja biržų veiklą reglamentuojantiems įstatymams ar sutarties esmei.

6.431 straipsnis. Pirkimo–pardavimo sutartis su išlyga dėl nuosavybės teisės 1. Pagal pirkimo–pardavimo sutartį su išlyga dėl nuosavybės teisės nuosavybės teisė į

parduodamą daiktą išlieka pardavėjui tol, kol pirkėjas neįvykdo sutartyje nurodytų sąlygų. 2. Pagal pirkimo–pardavimo sutartį su išlyga dėl nuosavybės teisės pirkėjas neturi

disponavimo parduodamu daiktu teisės tol, kol neįvykdo sutartyje nurodytų sąlygų.

XXIV SKYRIUS MAINAI

6.432 straipsnis. Mainų sutarties samprata 1. Pagal mainų sutartį viena šalis įsipareigoja perduoti kitai šaliai nuosavybės teise vieną

daiktą mainais už kitą daiktą. 2. Mainų sutarčiai taikomos pirkimo–pardavimo sutartis reglamentuojančios normos (šios

knygos XXIII skyrius), jeigu tai neprieštarauja šio skyriaus normoms ir mainų esmei. Mainų sutarties atveju abi mainų sutarties šalys laikomos ir perduodamos prekės pardavėju, ir gaunamos prekės pirkėju.

6.433 straipsnis. Kaina ir sutarties sudarymo išlaidos 1. Jeigu ko kita nenumato mainų sutartis, preziumuojama, kad daiktų kaina yra vienoda ir

jais keičiamasi be jokių priemokų, o daiktų perdavimo ir priėmimo išlaidas turi apmokėti ta šalis, kuri atitinkamai privalo perduoti ir priimti daiktus.

2. Kai sutartyje numatyta, kad mainomų daiktų kaina skiriasi, tai šalis, kuri privalo perduoti mažesnės kainos daiktą nei kitos šalies perduodamo daikto kaina, neprivalo kitai šaliai mokėti kainų skirtumo, jeigu ko kita nenustato sutartis.

6.434 straipsnis. Prievolės perduoti daiktus vykdymas Abi šalys savo prievolę perduoti daiktus turi įvykdyti kartu, jeigu sutartis nenumato ko

kita.

6.435 straipsnis. Mainais įsigytų daiktų paėmimo teisinės pasekmės 1. Jeigu iš šalies, įsigijusios daiktus mainais, jie paimami pagal trečiojo asmens

reikalavimą, tai ši šalis turi teisę reikalauti iš kitos šalies arba atlyginti nuostolius, arba grąžinti jai perduotus daiktus.

2. Daiktus priėmusi mainų šalis, sužinojusi, kad daiktus perdavusi šalis nebuvo jų savininkas, turi teisę tuos daiktus grąžinti juos perdavusiai šaliai. Šiuo atveju iš daiktus grąžinusios šalies kita (nesąžininga) šalis negali reikalauti perduoti pagal mainų sutartį jai priklausiusius daiktus.

XXV SKYRIUS SKOLOS PADENGIMAS IR TURTO PERLEIDIMAS UŽ RENTĄ

6.436 straipsnis. Skolos padengimo sutarties samprata 1. Pagal skolos padengimo sutartį skolininkas perduoda savo turtą, kuris kreditoriui

neįkeistas, kreditoriui nuosavybės teise kaip užmokestį už savo piniginę ar kitą turtinę skolą. 2. Skolos padengimo sutarčiai taikomos pirkimo–pardavimo sutarčių taisyklės. Asmeniui,

perduodančiam turtą (skolininkui) pagal skolos padengimo sutartį, tenka visos pardavėjo pareigos. 3. Skolos padengimo sutartis laikoma sudaryta tuo momentu, kai turtas perduodamas

kreditoriui.

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6.437 straipsnis. Draudimas iš anksto susitarti dėl skolos padengimo Šalims draudžiama iš anksto numatyti sutartyje sąlygą, pagal kurią kreditoriui suteikiama

neatšaukiama teisė tapti skolininko turto savininku ar teisė šiuo turtu disponuoti, jeigu skolininkas neįvykdo savo prievolės. Tokios sutarties sąlygos negalioja.

6.438 straipsnis. Turto perleidimo už rentą sutartis 1. Pagal turto perleidimo už rentą sutartį nekilnojamojo daikto nuomotojas perduoda šio

daikto nuosavybės teisę daikto nuomininkui mainais už rentą. Rentą įsipareigoja mokėti nuomininkas.

2. Renta nuo sutarties galiojimo pradžios mokama pinigais arba natūra kiekvienų metų pabaigoje, jeigu sutartis nenumato ko kita.

3. Nuomininkas (rentos mokėtojas) bet kuriuo metu turi teisę atsisakyti mokėti periodines metines įmokas pranešdamas apie tai nuomotojui (rentos gavėjui) ir pasiūlydamas iš karto sumokėti visą rentos sumą. Tačiau nuomininkas (rentos mokėtojas) negali pareigos mokėti iš karto visą nuomą perduoti daikto draudikui ar kitam asmeniui.

4. Nuomininkas asmeniškai atsako nuomotojui už rentos mokėjimą. Nuosavybės teisės į nekilnojamąjį daiktą atsisakymas ar daikto žuvimas dėl nenugalimos jėgos neatleidžia nuomininko nuo savo prievolių įvykdymo.

5. Šiame straipsnyje nenurodytiems nuomininko ir nuomotojo santykiams taikomos atitinkamos pirkimo–pardavimo ir turto perleidimo su sąlyga mokėti išlaikymą sutarčių taisyklės.

XXVI SKYRIUS RENTA

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

6.439 straipsnis. Rentos sutarties samprata 1. Pagal rentos sutartį viena šalis – rentos mokėtojas (skolininkas) įsipareigoja

neatlygintinai arba mainais už kapitalo perdavimą jam nuosavybės teise periodiškai mokėti kitai šaliai – rentos gavėjui sutartyje numatytą pinigų sumą (rentą) arba kitaip išlaikyti rentos gavėją.

2. Pareigą mokėti rentą gali nustatyti ne tik sutartis, bet ir įstatymai, teismo sprendimas ar testamentas. Tokiais atvejais rentos mokėjimui atitinkamai taikomos šio skyriaus normos.

3. Preziumuojama, kad negrąžintina paskola yra renta paskolos davėjui iki šio gyvos galvos.

6.440 straipsnis. Perduotinas kapitalas 1. Pagal rentos sutartį rentos gavėjas gali įsipareigoti perduoti rentos mokėtojui

nuosavybės teise kilnojamąjį ar nekilnojamąjį daiktą arba pinigų sumą. 2. Jeigu pagal sutartį perduotinas daiktas yra nekilnojamasis daiktas, tai ši sutartis yra

rentos pirkimo–pardavimo sutartis ir jai atitinkamai taikomos pirkimo–pardavimo sutarčių normos. 3. Jeigu kapitalas yra pinigų suma, ji gali būti sumokėta iš karto arba keliomis išmokomis.

6.441 straipsnis. Rentos sutartis trečiojo asmens naudai Rentos sutartyje gali būti nustatyta, kad rentos gavėjas yra trečiasis asmuo, o ne asmuo,

perduodantis rentos mokėtojui nuosavybės teise kapitalą.

6.442 straipsnis. Rentos sutarties terminas 1. Rentos sutartyje gali būti nustatyta, kad renta mokama iki rentos gavėjo gyvos galvos,

neterminuotai arba tam tikrą laiką. 2. Iki gyvos galvos mokama renta gali būti nustatyta kaip išlaikymas iki gyvos galvos. 3. Sutartyje gali būti nustatyta, kad po rentos gavėjo mirties renta mokama rentos gavėjo

įpėdiniui ar kitam asmeniui. 4. Sutartis, kurioje nustatytas rentos mokėjimas mirusiam asmeniui arba asmeniui, kuris

miršta praėjus ne daugiau kaip trisdešimčiai dienų nuo sutarties sudarymo, negalioja. Ši taisyklė taip pat taikoma, jeigu mokėti rentą buvo nustatyta realiai nesančiam sutarties sudarymo metu

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asmeniui, išskyrus atvejus, kai sutarties sudarymo metu rentos gavėjas buvo jau pradėtas ir gimė gyvas.

5. Sutartis, kurioje renta nustatyta iki gyvos galvos paeiliui keliems asmenims, galioja tik tuo atveju, jeigu pirmasis iš tų asmenų sutarties sudarymo metu realiai buvo arba buvo jau pradėtas ir gimė gyvas.

6. Visais atvejais rentos sutarties terminas negali būti ilgesnis nei šimtas metų nuo sutarties sudarymo dienos.

6.443 straipsnis. Rentos sutarties forma 1. Rentos sutartis turi būti notarinės formos. 2. Rentos sutartis, pagal kurią rentos gavėjas turi perleisti rentos mokėtojui nekilnojamąjį

daiktą, gali būti panaudota prieš trečiuosius asmenis tik tuo atveju, jeigu ji įstatymų nustatyta tvarka įregistruota viešame registre.

6.444 straipsnis. Teisių į nekilnojamąjį daiktą suvaržymas renta 1. Jeigu perduotas su sąlyga mokėti rentą nekilnojamasis daiktas, tai laikoma, kad teisės į

šį daiktą suvaržytos renta. Jeigu rentos mokėtojas tokį daiktą perleidžia, tai prievolė mokėti rentą pereina daikto įgijėjui.

2. Asmuo, perdavęs nekilnojamąjį daiktą, teisės į kurį suvaržytos renta, kitam asmeniui nuosavybės teise, pagal rentos gavėjo reikalavimus dėl rentos sutarties pažeidimo atsako subsidiariai su naujuoju daikto savininku, jeigu įstatymai ar sutartis nenustato jų solidariosios atsakomybės.

6.445 straipsnis. Rentos mokėjimo užtikrinimas 1. Kai nekilnojamasis daiktas perduodamas su sąlyga mokėti rentą, rentos gavėjui įkeitimo

teisė į tą nekilnojamąjį daiktą atsiranda kaip rentos mokėtojo prievolės įvykdymo užtikrinimas (priverstinė hipoteka).

2. Jeigu pagal rentos sutartį rentos mokėtojui perduodamas kilnojamasis daiktas ar pinigų suma, tai esminė sutarties sąlyga yra rentos mokėtojo pareiga pateikti savo prievolės įvykdymo užtikrinimą arba apdrausti savo civilinę atsakomybę už rentos sutarties neįvykdymą ar netinkamą įvykdymą.

3. Jeigu rentos mokėtojas nevykdo šio straipsnio 2 dalyje nustatytų pareigų, taip pat jeigu dėl priežasčių, už kurias rentos gavėjas neatsako, žūva ar iš esmės pablogėja daiktas, kurį įkeičiant užtikrintas rentos mokėtojo prievolių įvykdymas, rentos gavėjas turi teisę nutraukti sutartį ir reikalauti atlyginti nuostolius.

6.446 straipsnis. Palūkanos pagal rentos sutartį Už rentos mokėjimo terminų pažeidimą rentos mokėtojas jos gavėjui moka įstatymų ar

sutarties nustatytas palūkanas.

6.447 straipsnis. Rentos gavėjo interesų apsauga 1. Draudžiama areštuoti rentos mokėtojo lėšas, kaupiamas rentai mokėti, pagal rentos

mokėtojo kreditorių reikalavimus ir į jas nukreipti išieškojimą. Ginčo atveju neareštuotinų lėšų, būtinų rentai mokėti, dydį nustato teismas.

2. Rentos sutarties šalims draudžiama nustatyti, kad renta yra neperleidžiama arba kad į ją negali būti nukreipiamas išieškojimas, išskyrus atvejus, kai renta neatlygintinai mokama rentos gavėjui išlaikyti. Šiuo atveju toks susitarimas galioja tik dėl tos rentos dalies, kuri būtina rentos gavėjui išlaikyti.

6.448 straipsnis. Rentos mokėtojo pakeitimas 1. Rentos mokėtojas turi teisę perduoti savo pareigą mokėti rentą draudimo įmonei,

turinčiai teisę verstis tokia veikla, sumokėdamas jai rentos vertę. Šiuo atveju draudimo įmonei pereina visos rentos mokėtojo teisės ir pareigos.

2. Rentos gavėjo sutikimas šio straipsnio 1 dalyje nurodytam rentos mokėtojo pakeitimui nereikalingas, tačiau rentos gavėjas turi teisę reikalauti, kad pareiga mokėti rentą būtų perduota kitai nei rentos mokėtojo pasirinkta draudimo įmonei.

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ANTRASIS SKIRSNIS NETERMINUOTA (NUOLATINĖ) RENTA

6.449 straipsnis. Neterminuotos (nuolatinės) rentos gavėjai 1. Neterminuotos (nuolatinės) rentos gavėjai gali būti tik fiziniai asmenys arba pelno

nesiekiantys juridiniai asmenys, kurie verčiasi globa (rūpyba), jeigu tai neprieštarauja įstatymams ir jų veiklos dokumentams.

2. Neterminuotos (nuolatinės) rentos gavėjo teisės gali būti perduotos reikalavimo perleidimo arba paveldėjimo būdu arba reorganizuojant juridinį asmenį, jeigu sutartis ar įstatymai nenustato ko kita.

6.450 straipsnis. Neterminuotos (nuolatinės) rentos forma ir dydis 1. Neterminuota (nuolatinė) renta mokama pinigais. Jos dydį nustato rentos sutartis. 2. Rentos sutartyje gali būti nustatyta, kad rentą galima mokėti perduodant daiktus,

atliekant darbus ar teikiant paslaugas, kurių kaina atitinka rentos dydį pinigais. 3. Jeigu kas kita nenustatyta sutartyje, rentos dydis indeksuojamas atsižvelgiant į teisės

aktų nustatytą minimalią mėnesinę algą.

6.451 straipsnis. Neterminuotos (nuolatinės) rentos mokėjimo terminai Neterminuota (nuolatinė) renta mokama kiekvieno mėnesio pabaigoje, jeigu ko kita

nenustatyta rentos sutartyje.

6.452 straipsnis. Rentos mokėtojo teisė išpirkti neterminuotą (nuolatinę) rentą 1. Rentos mokėtojas turi teisę atsisakyti toliau mokėti neterminuotą (nuolatinę) rentą ją

išpirkdamas. 2. Atsisakymas mokėti rentą galioja tik tuo atveju, jeigu apie tai rentos mokėtojas pranešė

rentos gavėjui ne vėliau kaip prieš tris mėnesius iki rentos mokėjimo nutraukimo arba per ilgesnį sutartyje numatytą terminą. Tačiau ir šiuo atveju prievolė mokėti rentą nepasibaigia tol, kol rentos gavėjas negauna visos rentos išpirkos sumos, jeigu kas kita nenustatyta sutartyje.

3. Rentos sutarties sąlyga, panaikinanti rentos mokėtojo teisę išpirkti rentą, yra niekinė ir negalioja.

4. Rentos sutartyje gali būti numatyta, kad teisė išpirkti nuolatinę rentą negali būti įgyvendinta, kol rentos gavėjas gyvas arba per kitą terminą, kuris negali būti ilgesnis kaip trisdešimt metų nuo rentos sutarties sudarymo dienos.

6.453 straipsnis. Neterminuotos (nuolatinės) rentos išpirkimas rentos gavėjo reikalavimu

Neterminuotos (nuolatinės) rentos gavėjas turi teisę reikalauti, kad rentos mokėtojas išpirktų rentą, kai:

1) rentos mokėtojas praleidžia mokėjimo terminą daugiau kaip vienerius metus, jeigu sutartyje nenumatyta kas kita;

2) rentos mokėtojas pažeidžia savo prievolę užtikrinti rentos mokėjimą (šio kodekso 6.445 straipsnio 2 dalis);

3) rentos mokėtojas pripažintas nemokiu arba atsirado kitų aplinkybių, akivaizdžiai patvirtinančių, kad rentos mokėtojas nesugebės nustatytais terminais mokėti sutartyje numatyto dydžio rentos;

4) kaip renta perduotas nekilnojamasis daiktas perėjo keliems asmenims bendrosios nuosavybės teise;

5) sutartyje nurodyti kiti atvejai.

6.454 straipsnis. Neterminuotos (nuolatinės) rentos išpirkimo kaina 1. Neterminuota (nuolatinė) renta išperkama rentos sutartyje numatyta kaina. 2. Jeigu rentos išpirkimo kaina sutartyje nenurodyta, tai turtas, kuris buvo atlygintinai

perduotas kaip neterminuota (nuolatinė) renta, išperkamas tokia kaina, kuri lygi metinei rentos sumai.

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3. Jeigu rentos sutartyje nenurodyta jos išpirkimo kaina, tai turtas, kuris buvo perduotas neatlygintinai kaip renta, išperkamas kaina, kuri lygi metinės rentos ir perduoto turto vertės sumai.

6.455 straipsnis. Nustatant neterminuotą (nuolatinę) rentą perduoto turto atsitiktinio žuvimo ar sugedimo rizika

1. Turto, kuris neatlygintinai perduotas kaip renta, atsitiktinio žuvimo ar sugedimo rizika tenka rentos mokėtojui.

2. Jeigu atsitiktinai žūva ar sugadinamas turtas, kuris buvo perduotas atlygintinai kaip renta, tai rentos mokėtojas turi teisę reikalauti arba nutraukti jo prievolę mokėti rentą, arba pakeisti rentos mokėjimo sąlygas.

TREČIASIS SKIRSNIS RENTA IKI GYVOS GALVOS

6.456 straipsnis. Rentos iki gyvos galvos gavėjas 1. Renta iki gyvos galvos gali būti mokama fiziniam asmeniui, perdavusiam turtą su

sąlyga mokėti rentą, arba jo nurodytam kitam fiziniam asmeniui. 2. Renta iki gyvos galvos gali būti mokama keliems fiziniams asmenims. Šiuo atveju teisė

gauti rentą jiems visiems priklauso lygiomis dalimis, jeigu rentos sutartyje nenustatyta kas kita. 3. Kai renta mokama keliems asmenims ir vienas iš jų miršta, tai jo teisės gauti rentą dalis

pereina jį pergyvenusiems rentos gavėjams, jeigu rentos sutartis nenustato ko kita. Po paskutinio rentos gavėjo mirties prievolė mokėti rentą baigiasi. Kai renta mokama abiejų sutuoktinių naudai ir vienas sutuoktinis miršta, visa renta toliau mokama pergyvenusiam sutuoktiniui, jeigu sutartis nenustato ko kita.

4. Rentos sutartis, kuri nustato rentą iki gyvos galvos asmeniui, mirusiam sutarties sudarymo metu, negalioja.

6.457 straipsnis. Rentos iki gyvos galvos dydis 1. Renta iki gyvos galvos sutartyje nustatoma kaip pinigų suma, periodiškai mokama visą

rentos gavėjo gyvenimą. 2. Renta mokama sutartyje nustatyto dydžio sumomis sutartyje nurodytu dažnumu. Jeigu

mokėjimo dažnumas sutartyje nenurodytas, renta turi būti mokama kas mėnesį iki ateinančio mėnesio pirmos dienos.

6.458 straipsnis. Rentos iki gyvos galvos sutarties nutraukimas rentos gavėjo reikalavimu

1. Jeigu rentos iki gyvos galvos mokėtojas iš esmės pažeidžia rentos sutartį, tai rentos gavėjas turi teisę reikalauti, kad rentos mokėtojas išpirktų rentą šio kodekso 6.454 straipsnyje numatytomis sąlygomis, arba reikalauti nutraukti sutartį ir atlyginti nuostolius.

2. Jeigu už rentą iki gyvos galvos butas, gyvenamasis namas ar kitas turtas perleistas neatlygintinai ir rentos mokėtojas iš esmės pažeidė rentos sutartį, tai rentos gavėjas turi teisę reikalauti grąžinti tą turtą. Šiuo atveju to turto vertė įskaitoma į rentos išpirkimo kainą.

6.459 straipsnis. Už rentą iki gyvos galvos perduoto turto atsitiktinio žuvimo ar sugedimo rizika

Už rentą iki gyvos galvos perduoto turto atsitiktinis žuvimas ar sugadinimas neatleidžia rentos mokėtojo nuo prievolės mokėti rentą sutartyje numatytomis sąlygomis.

KETVIRTASIS SKIRSNIS IŠLAIKYMAS IKI GYVOS GALVOS

6.460 straipsnis. Išlaikymo iki gyvos galvos sutartis 1. Pagal išlaikymo iki gyvos galvos sutartį rentos gavėjas – fizinis asmuo perduoda jam

priklausantį gyvenamąjį namą, butą, žemės sklypą ar kitokį nekilnojamąjį daiktą rentos mokėtojui nuosavybės teise, o rentos mokėtojas įsipareigoja išlaikyti rentos gavėją ir (arba) šio nurodytą asmenį (asmenis) iki gyvos galvos.

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2. Išlaikymo iki gyvos galvos sutarčiai taikomos šio skyriaus trečiojo skirsnio normos, reglamentuojančios rentą iki gyvos galvos, jeigu šio skirsnio normos nenustato ko kita.

6.461 straipsnis. Pareiga išlaikyti iki gyvos galvos 1. Į rentos mokėtojo pareigą išlaikyti iki gyvos galvos įeina rentos gavėjo aprūpinimas

gyvenamąja patalpa, drabužiais bei kitokia apranga, maitinimas, o jeigu rentos gavėjo sveikatos būklė reikalauja, – ir jo priežiūra. Sutartyje gali būti numatyta rentos mokėtojo pareiga apmokėti rentos gavėjo laidojimo išlaidas.

2. Šalys išlaikymo iki gyvos galvos sutartyje gali nustatyti viso išlaikymo vertę. Šiuo atveju vieno mėnesio trukmės išlaikymo vertė negali būti mažesnė už vieną minimalią mėnesinę algą.

3. Teismas, spręsdamas šalių ginčą dėl išlaikymo turinio ir dydžio, turi vadovautis sąžiningumo, protingumo ir teisingumo kriterijais.

6.462 straipsnis. Išlaikymo iki gyvos galvos pakeitimas periodinėmis įmokomis Šalys sutartyje gali numatyti galimybę išlaikymą iki gyvos galvos natūra pakeisti

periodinėmis piniginėmis įmokomis. Šios įmokos mokamos iki rentos gavėjo gyvos galvos.

6.463 straipsnis. Rentos mokėtojo teisė disponuoti ir naudotis perleistu turtu 1. Rentos mokėtojas gali perleisti, įkeisti ar kitokiu būdu suvaržyti teisę į perduotą jam

mainais už išlaikymą iki gyvos galvos nekilnojamąjį daiktą tik turėdamas išankstinį rašytinį rentos gavėjo sutikimą. Toks rašytinis sutikimas turi būti patvirtintas notaro.

2. Rentos mokėtojas privalo imtis būtinų priemonių, kad nesumažėtų jam perduoto daikto vertė.

6.464 straipsnis. Išlaikymo iki gyvos galvos nutraukimas 1. Prievolė išlaikyti asmenį iki gyvos galvos baigiasi po rentos gavėjo mirties. 2. Jeigu rentos mokėtojas iš esmės pažeidžia sutartį, tai rentos gavėjas turi teisę reikalauti

iš rentos mokėtojo, kad šis grąžintų perduotą nekilnojamąjį daiktą arba sumokėtų daikto išperkamąją kainą šio kodekso 6.454 straipsnyje numatytomis sąlygomis. Šiuo atveju rentos mokėtojas neturi teisės reikalauti atlyginti jam išlaidas, susijusias su rentos gavėjo išlaikymu.

XXVII SKYRIUS DOVANOJIMAS

6.465 straipsnis. Dovanojimo sutarties samprata 1. Pagal dovanojimo sutartį viena šalis (dovanotojas) neatlygintinai perduoda turtą ar

turtinę teisę (reikalavimą) kitai šaliai (apdovanotajam) nuosavybės teise arba atleidžia apdovanotąjį nuo turtinės pareigos dovanotojui ar trečiajam asmeniui.

2. Pažadas padovanoti turtą ar turtinę teisę arba atleisti nuo turtinės pareigos ateityje nelaikomas dovanojimo sutartimi. Tačiau asmuo, kuriam buvo pažadėta ką nors padovanoti ateityje, turi teisę į nuostolių, susijusių su pasirengimu priimti dovaną, atlyginimą, jeigu dovanotojas atsisakė sudaryti dovanojimo sutartį dėl nepateisinamų priežasčių.

3. Dovanojimo sutartis, nustatanti dovanotojo teisę vienašaliu sprendimu atsiimti dovanotą turtą ar turtinę teisę, negalioja.

4. Dovanojimo sutarties ypatumus, kai sutarties šalys yra sutuoktiniai, nustato šio kodekso trečiosios knygos normos.

6.466 straipsnis. Sandoriai, kurie nelaikomi dovanojimu 1. Sutartis, pagal kurią dovana pereina apdovanotajam nuosavybės teise po dovanotojo

mirties, negalioja. Šiems santykiams taikomos paveldėjimo teisinius santykius reglamentuojančios normos.

2. Besąlyginis asmens atsisakymas palikimo ar dar neįgyto nuosavybės teise turto, ar turtinės teisės nelaikomas dovanojimu.

3. Jeigu abi dovanojimo sutarties šalys viena kitai perduoda tam tikrą turtą arba turtines teises ar priešpriešines prievoles, tai tokia sutartis nelaikoma dovanojimo sutartimi. Šiuo atveju

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atsiranda apsimestinių sandorių teisinės pasekmės. Kai vienas asmuo perduoda turtą ar turtinę teisę kitam asmeniui už atlyginimą, dovanojimo sutartis gali būti pripažinta sudaryta tik dėl tos turto ar turtinės teisės dalies, kuri viršija atlyginimo vertę, jeigu prievolės esmė neleidžia daryti kitokios išvados.

6.467 straipsnis. Dovanojimo su sąlyga sutartis 1. Asmuo, dovanodamas turtą, gali nustatyti sąlygą, kad šis turtas turi būti naudojamas tam

tikram tikslui nepažeidžiant kitų asmenų teisių ir teisėtų interesų. 2. Jeigu apdovanotasis nevykdo dovanojimo sutartyje nustatytos sąlygos, tai dovanotojas

teismo tvarka turi teisę reikalauti, kad sąlyga būtų įvykdyta arba kad būtų panaikinta sutartis ir turtas grąžintas.

3. Dovanojimo sutartis, numatanti apdovanotojo pareigą sumokėti skolas ar įvykdyti kitokias prievoles, kurios dar neegzistuoja sutarties sudarymo momentu, negalioja, išskyrus atvejus, kai būsima skola ar prievolė sutartyje tiksliai apibrėžta.

6.468 straipsnis. Apdovanotojo teisė atsisakyti priimti dovaną 1. Apdovanotasis turi teisę bet kada iki dovanos perdavimo jam atsisakyti priimti dovaną. 2. Jeigu dovanojimo sutartis buvo rašytinė, tai dovanotojas turi teisę reikalauti iš

apdovanotojo, nepagrįstai atsisakiusio priimti dovaną, atlyginti dėl atsisakymo atsiradusius nuostolius.

6.469 straipsnis. Dovanojimo sutarties forma 1. Sutartis, kai dovanojama didesnė kaip penkių tūkstančių litų suma, turi būti rašytinės

formos. 2. Nekilnojamojo daikto dovanojimo sutartis, taip pat dovanojimo sutartis, kurios suma

didesnė kaip penkiasdešimt tūkstančių litų, turi būti notarinės formos. 3. Nekilnojamojo daikto ar daiktinės teisės į jį dovanojimo sutartis teisines pasekmes

tretiesiems asmenims sukelia tik tuo atveju, jei sutartis įregistruota viešame registre.

6.470 straipsnis. Galėjimas dovanoti ir galėjimas priimti dovanas 1. Dovanotojas negali būti neveiksnus asmuo. Neveiksnaus asmens globėjui draudžiama

dovanoti neveiksnaus asmens turtą pastarojo vardu, išskyrus simbolines dovanas, kurių vertė neviršija vieno minimalaus gyvenimo lygio dydžio sumos.

2. Neveiksniam asmeniui skirtas dovanas turi teisę priimti tik jo globėjas, išskyrus simbolines dovanas, kurių vertė neviršija vieno minimalaus gyvenimo lygio dydžio sumos.

3. Dovanojimo sutartis negalioja, jeigu dovanotojas nebuvo dovanos savininkas arba nebuvo tinkamai įgaliotas sudaryti tokią sutartį.

4. (Neteko galios nuo 2006 m. liepos 14 d.) 5. Draudžiama priimti dovanas politikams, valstybės ir savivaldybių pareigūnams ir

kitokiems valstybės tarnautojams ir jų artimiesiems giminaičiams, kai tai susiję su politiko, pareigūno ar valstybės tarnautojo tarnybine padėtimi ar tarnybinėmis pareigomis.

6. Turto, kurio nėra sutarties sudarymo metu ar kuris bus sukurtas tik ateityje, dovanojimo sutartis negalioja.

7. Dovanojimo sutartis gali būti pripažinta negaliojančia pagal dovanotojo ar jo įpėdinių ieškinį, jeigu sutarties sudarymo metu dovanotojas sirgo sunkia nepagydoma liga, dėl kurios jis negalėjo pareikšti savo tikrosios valios. Straipsnio pakeitimai: Nr. X-730, 2006-06-22, Žin., 2006, Nr. 77-2974 (2006-07-14)

6.471 straipsnis. Dovanojimo apribojimai 1. Turtą, kuris yra bendroji jungtinė nuosavybė, galima dovanoti tik visų bendraturčių

rašytiniu sutikimu.

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2. Patikėjimo teise tvarkomą turtą galima dovanoti tik turto savininko rašytiniu sutikimu, jeigu įstatymai ar sutartis nenustato ko kita.

3. Dovanojant reikalavimo teisę privaloma laikytis šio kodekso 6.101–6.104, 6.107 straipsniuose nustatytų reikalavimų.

4. Kai dovanojimas pasireiškia įvykdant už apdovanotąjį šio prievolę trečiajam asmeniui arba priimant apdovanotojo skolą trečiajam asmeniui, tai turi būti laikomasi šio kodekso 6.50, 6.115, 6.116, 6.118 ir 6.119 straipsniuose nustatytų reikalavimų.

5. Įgaliojimas dovanojimo sutarčiai sudaryti, kuriame nenurodytas sutarties dalykas ir apdovanotasis, negalioja.

6.472 straipsnis. Dovanojimo panaikinimas 1. Dovanotojas turi teisę kreiptis į teismą dėl dovanojimo panaikinimo, kai apdovanotasis

pasikėsina į dovanotojo ar jo artimųjų giminaičių gyvybę ar tyčia juos sunkiai sužaloja, taip pat kai, atsižvelgiant į dovanos pobūdį, dovanojimo sutarties šalių asmenines savybes ir jų tarpusavio santykius, apdovanotasis atlieka prieš dovanotoją tokius veiksmus, kurie yra neabejotinai griežtai smerktini geros moralės požiūriu. Kai apdovanotasis tyčia nužudo dovanotoją, teisę pareikšti ieškinį dėl dovanojimo panaikinimo turi dovanotojo įpėdiniai.

2. Dovanotojas taip pat turi teisę kreiptis į teismą dėl dovanojimo panaikinimo, jeigu apdovanotasis su jam dovanotu turtu, turinčiu dovanotojui didelės neturtinės reikšmės, elgiasi taip, kad kyla reali to turto žuvimo grėsmė.

3. Kai dovanojimas panaikinamas, apdovanotasis privalo grąžinti dovanotą turtą, jeigu jis dovanojimo panaikinimo metu yra išlikęs, dovanotojui pagal šios knygos normas, reglamentuojančias restituciją.

4. Šiame straipsnyje numatytais pagrindais reikalauti panaikinti dovanojimą dovanotojas ar jo įpėdiniai gali per vienerių metų ieškinio senaties terminą, skaičiuojamą nuo tos dienos, kurią jie sužinojo arba turėjo sužinoti apie tokio pagrindo atsiradimą.

5. Šio straipsnio taisyklės netaikomos, kai dovana buvo buitinio pobūdžio ir nedidelės vertės.

6.473 straipsnis. Dovanotojo pareigos 1. Dovanotojas pagal sutartį privalo perduoti dovanojamą turtą be sutartyje nenumatytų

teisės į jį suvaržymų, kurie trukdytų apdovanotajam naudotis ar disponuoti turtu arba jį valdyti. 2. Dovanotojas gali perduoti tik tas su dovanojamu turtu susijusias teises, kurias jis turi. 3. Dovanotojas neatsako už paslėptus dovanojamo turto trūkumus, jeigu apie juos jis

nežinojo ar neturėjo žinoti. 4. Apdovanotasis gali iš dovanotojo reikalauti nuostolių atlyginimo, jeigu apdovanotasis

turėjo išlaidų, susijusių su teisės į turtą suvaržymų panaikinimu ar jo trūkumų pašalinimu, o dovanotojas, žinodamas ar turėdamas žinoti apie tuos suvaržymus ar trūkumus, apie juos apdovanotojam nepranešė.

5. Dovanotojas apmoka sutarties sudarymo ir įvykdymo išlaidas, jeigu sutartis nenumato ko kita.

6.474 straipsnis. Apdovanotojo atsakomybė už dovanotojo skolas Jeigu ko kita nenustato įstatymai ar sutartis, apdovanotasis atsako tik už tas dovanotojo

skolas, kurios neatsiejamai susijusios su dovana.

6.475 straipsnis. Žalos atlyginimas Žalą, padarytą apdovanotojo gyvybei, sveikatai ar turtui dėl dovanoto turto trūkumų,

atlygina dovanotojas bendrais pagrindais, jeigu įrodoma, kad turto trūkumai atsirado iki turto perdavimo apdovanotajam ir nebuvo akivaizdūs, o dovanotojas, žinodamas apie juos, apdovanotojo neįspėjo.

6.476 straipsnis. Aukos (parama ar labdara) 1. Auka laikomas turto ar turtinės teisės dovanojimas tam tikram naudingam tikslui. 2. Aukai priimti nereikalingas joks leidimas ar sutikimas.

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3. Auka turi būti naudojama tam, kam buvo paaukota. Jeigu aukos gavėjas yra juridinis asmuo, jis privalo tvarkyti visų operacijų, susijusių su paaukoto turto naudojimu, apskaitą.

4. Aukos tikslas gali būti išreiškiamas aukotojo nurodymu arba aukos gavėjo prašymu ar veiksmais. Jeigu dėl pasikeitusių aplinkybių naudoti paaukoto turto pagal nurodytą tikslą nebeįmanoma, tai kitiems tikslams jis gali būti naudojamas tik aukotojo sutikimu, o jeigu aukotojas mirė (baigėsi), – tik teismo leidimu.

5. Jeigu turtas naudojamas ne tam, kam jis buvo paaukotas, tai aukotojas ar jo teisių perėmėjai turi teisę reikalauti teismo tvarka atšaukti auką. Ši taisyklė netaikoma buitinio pobūdžio ir nedidelės vertės aukoms.

6. Aukoms netaikomas šio kodekso 6.467 straipsnis.

XXVIII SKYRIUS NUOMA

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

6.477 straipsnis. Nuomos sutarties samprata 1. Pagal nuomos sutartį viena šalis (nuomotojas) įsipareigoja duoti nuomininkui daiktą

laikinai valdyti ir naudotis juo už užmokestį, o kita šalis (nuomininkas) įsipareigoja mokėti nuomos mokestį.

2. Nuomos sutarties dalykas gali būti bet kokie nesunaudojamieji daiktai. Įstatymai gali nustatyti daiktų, kurių nuoma draudžiama arba ribojama, rūšis.

3. Nuomos sutartyje turi būti nurodytas daiktas ar jo požymiai, leidžiantys nustatyti daiktą, kurį nuomotojas privalo perduoti nuomininkui. Jeigu tokie požymiai sutartyje nenurodyti ir nuomos sutarties dalyko negalima nustatyti remiantis kitais požymiais, tai nuomos sutartis laikoma nesudaryta.

4. Nuomotojas gali būti išnuomojamo daikto savininkas arba asmenys, kuriems teisę išnuomoti svetimą daiktą suteikia įstatymai ar to daikto savininkas.

6.478 straipsnis. Sutarties forma 1. Nuomos sutartis ilgesniam kaip vienerių metų terminui turi būti rašytinė. 2. Nekilnojamųjų daiktų nuomos sutartis, sudaryta ilgesniam kaip vienerių metų terminui,

prieš trečiuosius asmenis gali būti panaudota tik tuo atveju, jeigu ji įstatymų nustatyta tvarka įregistruota viešame registre.

6.479 straipsnis. Sutarties terminas 1. Nuomos sutartis gali būti terminuota arba neterminuota, tačiau visais atvejais sutarties

terminas negali būti ilgesnis kaip vienas šimtas metų. 2. Nuomos sutarties terminas nustatomas šalių susitarimu. Jeigu sutarties terminas joje

nenustatytas, tai laikoma, kad nuomos sutartis neterminuota. 3. Įstatymai gali nustatyti kitokius daikto, kuris yra valstybės nuosavybė, nuomos

terminus.

6.480 straipsnis. Neterminuotos nuomos sutarties pasekmės Jeigu nuomos sutartis yra neterminuota, tai abi šalys turi teisę bet kada nutraukti sutartį

įspėjusios apie tai viena kitą prieš vieną mėnesį iki nutraukimo, o kai nuomojami nekilnojamieji daiktai, – prieš tris mėnesius iki nutraukimo. Nuomos sutartyje gali būti nurodyti ir ilgesni įspėjimo terminai.

6.481 straipsnis. Tolesnis naudojimasis turtu pasibaigus sutarties terminui Jeigu pasibaigus sutarties terminui nuomininkas daugiau kaip dešimt dienų toliau

naudojasi turtu ir nuomotojas tam neprieštarauja, tai laikoma, kad sutartis tapo neterminuota.

6.482 straipsnis. Nuomininko pirmenybės teisė atnaujinti sutartį

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1. Nuomininkas, tvarkingai vykdęs pagal nuomos sutartį prisiimtas pareigas, pasibaigus sutarties terminui turi pirmenybės teisę palyginti su kitais asmenimis atnaujinti sutartį.

2. Nuomotojas privalo per nuomos sutartyje numatytą terminą raštu pranešti nuomininkui apie šio teisę sudaryti nuomos sutartį naujam terminui, o jeigu toks terminas nenumatytas, – per protingą terminą iki nuomos sutarties pabaigos.

3. Sudarant nuomos sutartį naujam terminui, jos sąlygos šalių susitarimu gali būti pakeistos.

4. Jeigu nuomotojas atsisakė sudaryti su nuomininku sutartį naujam terminui, tačiau, praėjus ne daugiau kaip vieneriems metams po nuomos sutarties pabaigos, nepranešęs buvusiam nuomininkui sudaro to paties daikto nuomos sutartį su kitu asmeniu, tai buvęs nuomininkas savo pasirinkimu turi teisę reikalauti arba perduoti jam nuomininko teises ir pareigas pagal sudarytą nuomos sutartį, arba atlyginti dėl atsisakymo sudaryti sutartį naujam terminui atsiradusius nuostolius.

ANTRASIS SKIRSNIS NUOMOS SUTARTIES ŠALIŲ TEISĖS IR PAREIGOS

6.483 straipsnis. Daikto perdavimas nuomininkui 1. Nuomotojas privalo perduoti nuomininkui sutarties sąlygas bei daikto paskirtį

atitinkančios būklės daiktą. Nuomotojas privalo garantuoti, kad daiktas bus tinkamas naudoti pagal paskirtį, kuriai jis išnuomojamas, visą nuomos terminą.

2. Nuomotojas neatsako už tuos daikto trūkumus, kuriuos jis aptarė sudarydamas sutartį. 3. Nuomotojas privalo perduoti nuomininkui daikto dokumentus ir priedus (techninį pasą,

kokybės sertifikatą ir t. t.), kurie yra būtini to daikto naudojimui, jeigu sutartis nenumato ko kita. 4. Nei nuomotojas, nei nuomininkas visą nuomos sutarties galiojimo laiką neturi teisės

keisti išnuomoto daikto formos ir paskirties.

6.484 straipsnis. Daikto neperdavimo nuomininkui pasekmės Jeigu nuomotojas neperduoda išnuomoto daikto, jo dokumentų ir priedų nuomininkui

naudotis, tai šis turi teisę išreikalauti iš nuomotojo tą daiktą ir išieškoti dėl uždelsimo įvykdyti sutartį atsiradusius nuostolius arba atsisakyti sutarties ir išieškoti dėl sutarties neįvykdymo atsiradusius nuostolius.

6.485 straipsnis. Nuomotojo atsakomybė už daikto trūkumus 1. Nuomotojas atsako už išnuomoto daikto trūkumus, kurie visiškai ar iš dalies kliudo

naudoti daiktą pagal paskirtį, net ir tais atvejais, kai nuomotojas sudarydamas sutartį apie tuos trūkumus nežinojo.

2. Nuomininkas, jeigu paaiškėja šio straipsnio 1 dalyje numatytų trūkumų, turi teisę savo pasirinkimu:

1) reikalauti, kad nuomotojas neatlygintinai tuos trūkumus pašalintų arba atitinkamai sumažintų nuomos mokestį, arba atlygintų nuomininkui trūkumų pašalinimo išlaidas;

2) išskaičiuoti iš nuomos mokesčio trūkumų pašalinimo išlaidas, jei apie tai iš anksto pranešė nuomotojui;

3) reikalauti nutraukti nuomos sutartį prieš terminą. 3. Nuomotojas, kuriam pranešta apie nuomininko reikalavimus arba apie pastarojo

ketinimą pašalinti daikto trūkumus nuomotojo lėšomis, turi teisę nedelsdamas pakeisti išnuomotą netinkamos kokybės daiktą kitu analogišku tinkamos kokybės daiktu arba pats neatlygintinai pašalinti daikto trūkumus.

4. Jeigu, patenkinus nuomininko reikalavimus arba jam išskaičiavus trūkumų šalinimo išlaidas iš nuomos mokesčio, nuomininko patirti nuostoliai nėra visiškai atlyginti, tai jis turi teisę reikalauti, kad nuomotojas atlygintų nepadengtą nuostolių dalį.

5. Nuomotojas neatsako už tuos išnuomoto daikto trūkumus, kuriuos jis aptarė sutarties sudarymo metu arba apie kuriuos nuomininkas turėjo žinoti, arba kuriuos nuomininkas galėjo pastebėti be jokio papildomo tyrimo sutarties sudarymo ar daikto perdavimo metu, tačiau jų nepastebėjo dėl savo paties didelio neatsargumo.

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6.486 straipsnis. Trečiųjų asmenų teisės į išnuomotą daiktą 1. Daikto išnuomojimas nepanaikina ir nepakeičia trečiųjų asmenų teisių į tą daiktą. 2. Nuomotojas prieš nuomos sutarties sudarymą privalo pranešti nuomininkui apie visas

trečiųjų asmenų teises į tą daiktą (įkeitimą, servitutą, uzufruktą ir kt.). Jeigu nuomotojas šios pareigos neįvykdė, nuomininkas turi teisę reikalauti sumažinti nuomos mokestį arba nutraukti sutartį ir atlyginti nuostolius.

6.487 straipsnis. Nuomos mokestis 1. Nuomininkas privalo laiku mokėti nuomos mokestį. Jeigu įstatymai ar sutartis nenustato

ko kita, jis turi teisę reikalauti atitinkamai sumažinti nuomos mokestį, kai dėl aplinkybių, už kurias jis neatsako, sutartyje numatytos naudojimosi daiktu sąlygos arba daikto būklė iš esmės pablogėja.

2. Jeigu sutartyje nenustatytas konkretus mokesčio dydis ar jo apskaičiavimo metodika, tai abi sutarties šalys turi teisę kreiptis į teismą su prašymu paskirti nepriklausomus ekspertus nuomos mokesčio dydžiui nustatyti.

3. Nuomos mokestis šalių susitarimu gali būti nustatytas tokiais būdais: 1) konkrečia pinigų suma, kuri turi būti mokama iš karto arba periodiškai; 2) iš išnuomoto daikto gaunamos produkcijos, vaisių ar pajamų dalimi; 3) nuomininko teikiamomis nuomotojui tam tikromis paslaugomis; 4) nuomininko pareiga savo lėšomis pagerinti išnuomoto daikto būklę; 5) nuomininko pareiga perduoti sutartyje numatytą daiktą nuomotojui nuosavybės teise ar

jam išnuomoti. 4. Šalys gali susitarti dėl mišraus šių nuomos mokesčio nustatymo būdų taikymo arba gali

nustatyti kitokį nuomos mokesčio apskaičiavimo būdą. 5. Kai kas kita nenumatyta nuomos sutartyje, nuomos mokestis gali būti šalių susitarimu

keičiamas jų suderintais terminais, bet ne dažniau kaip du kartus per metus, jeigu įstatymai nenustato ko kita.

6. Jeigu ko kita nenustato nuomos sutartis ir nuomininkas iš esmės pažeidė nuomos mokesčio mokėjimo terminus, tai nuomotojas turi teisę pareikalauti, kad nuomininkas per nuomotojo nustatytą terminą iš anksto sumokėtų nuomos mokestį, tačiau ne didesnį kaip už du mokėjimo terminus iš eilės.

6.488 straipsnis. Nuomininko teisė į išsinuomoto daikto duodamas pajamas Išsinuomoto daikto duodamos pajamos, vaisiai, gyvulių prieauglis priklauso nuomininkui,

jeigu ko kita nenustato sutartis.

6.489 straipsnis. Naudojimasis išsinuomotu daiktu 1. Nuomininkas privalo naudotis išsinuomotu daiktu pagal sutartį ir daikto paskirtį. 2. Nuomininkas privalo išsinuomotu daiktu naudotis taip, kad netrukdytų juo naudotis

kitiems teisėtiems to daikto naudotojams. 3. Nuomininkas yra atsakingas nuomotojui ir kitiems nuomininkams už šio straipsnio 2

dalyje numatytos pareigos vykdymą. Be to, nuomininkas yra atsakingas už kitų asmenų, kuriems jis suteikia teisę ar galimybę naudotis išsinuomotu daiktu, veiksmus.

4. Kai vienas iš nuomininkų pažeidinėja šio straipsnio 2 dalyje numatytą pareigą, kiti nuomininkai turi teisę į nuomos mokesčio sumažinimą, jei apie trukdymus buvo informuotas nuomotojas.

5. Nuomotojas, nepažeisdamas nuomininko teisių, turi teisę tikrinti, ar nuomininkas tinkamai naudojasi išsinuomotu daiktu. Be to, nuomotojas turi teisę aprodyti išnuomotą daiktą būsimam nuomininkui ar įgijėjui.

6.490 straipsnis. Subnuoma 1. Nuomininkas turi teisę subnuomoti išsinuomotą daiktą tiktai gavęs rašytinį nuomotojo

sutikimą, jeigu ko kita nenustato sutartis. Subnuomos sutarties terminas negali būti ilgesnis už nuomos terminą.

2. Nuomotojo atsisakymas duoti sutikimą nuomininkui subnuomoti turtą turi būti protingai motyvuotas. Jeigu nemotyvuotai atsisakoma, nuomininkas įgyja teisę nutraukti nuomos sutartį prieš terminą.

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3. Jeigu nuomotojo sutikimas subnuomoti daiktą nereikalingas, tai nuomininkas, prieš sudarydamas subnuomos sutartį, turi pranešti nuomotojui apie subnuomos sutarties turinį ir subnuomininką.

4. Jeigu nuomos sutartis yra negaliojanti, tai negalioja ir subnuomos sutartis. 5. Šio straipsnio nustatytos taisyklės taikomos ir išnuomoto daikto panaudai. 6. Subnuomos ar panaudos atveju atsakingas nuomotojui pagal nuomos sutartį yra

nuomininkas. Jeigu subnuomininkas iš esmės pažeidžia subnuomos sutartį ir savo veiksmais daro žalos nuomotojui ar kitiems teisėtiems to daikto naudotojams, tai nuomotojas turi teisę reikalauti nutraukti subnuomos sutartį.

7. Jeigu nuomotojas nevykdo savo prievolių pagal nuomos sutartį, tai reikalavimus nuomininko vardu gali pareikšti ir subnuomininkas.

6.491 straipsnis. Nuomininko teisių ir pareigų perleidimas ar suvaržymas 1. Nuomininkas turi teisę perleisti savo teises ir pareigas, atsiradusias iš nuomos sutarties,

įkeisti nuomos teisę ar perduoti ją kaip turtinį įnašą ar kitaip ją suvaržyti tik gavęs išankstinį rašytinį nuomotojo sutikimą, jeigu ko kita nenustato nuomos sutartis.

2. Jeigu nuomininkas šio straipsnio 1 dalies nustatyta tvarka perleido savo teises ir pareigas kitam asmeniui, nuomininko prievolės nuomotojui pagal nuomos sutartį baigiasi.

6.492 straipsnis. Nuomotojo pareiga daryti išnuomoto daikto kapitalinį remontą 1. Nuomotojas privalo savo lėšomis daryti išnuomoto daikto kapitalinį remontą, jeigu ko

kita nenumato įstatymai arba sutartis. 2. Jeigu nuomotojas šio straipsnio 1 dalyje nurodytos pareigos nevykdo, nuomininkas

teismo leidimu įgyja teisę atlikti kapitalinį remontą ir išieškoti remonto kainą iš nuomotojo ar įskaityti tą kainą į nuomos mokestį arba nutraukti sutartį ir išieškoti dėl sutarties nevykdymo atsiradusius nuostolius. Šiais atvejais nuomininkas privalo pateikti nuomotojui kapitalinio remonto darbų sąmatą ir sąskaitą.

3. Nuomininkas privalo sudaryti visas sąlygas šio straipsnio 1 dalyje numatytai nuomotojo pareigai tinkamai įvykdyti.

4. Nuomotojas, vykdydamas šio straipsnio 1 dalyje numatytą pareigą, turi teisę pareikalauti, kad nuomininkas laikinai atsisakytų naudotis išsinuomotu daiktu, jeigu kapitalinis remontas yra būtinas ir neatidėliotinas. Jeigu kapitalinis remontas nėra neatidėliotinas ir nuomininkas nesutinka laikinai atsisakyti teisės naudotis daiktu, nuomotojas privalo gauti teismo leidimą laikinai apriboti nuomininko teisę naudotis išsinuomotu daiktu.

5. Nuomininkas, kurio teisė naudotis išsinuomotu daiktu apribota, turi teisę į nuomos mokesčio sumažinimą, kompensaciją arba nuomos sutarties nutraukimą.

6.493 straipsnis. Nuomininko pareiga išlaikyti išsinuomotą daiktą 1. Nuomininkas privalo laikyti išsinuomotą daiktą tvarkingą ir atlyginti daikto išlaikymo

išlaidas, savo lėšomis daryti einamąjį jo remontą, jeigu ko kita nenustato įstatymai arba sutartis. 2. Nuomininkas, sužinojęs apie išsinuomoto daikto sužalojimus ar kitus rimtus trūkumus,

kuriems pašalinti reikalingas neatidėliotinas kapitalinis remontas, privalo nedelsdamas apie tai pranešti nuomotojui.

3. Jeigu nuomotojas, gavęs nuomininko pranešimą, daikto trūkumų nepašalina, nuomininkas turi teisę pradėti būtinus daikto remonto darbus ir be teismo leidimo, kai tai būtina daiktui išsaugoti, apie tai pranešti nuomotojui ir vėliau pateikti atliktų darbų vertę patvirtinančius dokumentus bei pakeistas daikto dalis. Prireikus nuomininkas būtiną daikto remontą gali atlikti nuomos mokesčio sąskaita.

6.494 straipsnis. Sutarties galiojimas daikto perėjimo kitam savininkui ar nuomininko mirties atvejais

1. Kai išnuomoto daikto nuosavybės teisė iš nuomotojo pereina kitam asmeniui, registruotina nuomos sutartis lieka galioti naujam savininkui, jeigu iš nuomos sutarties atsiradusios teisės įstatymų nustatyta tvarka buvo įregistruotos viešame registre.

2. Nuomos sutartis lieka galioti ir tais atvejais, kai daiktas iš vienos valstybinės (savivaldybių) institucijos (nuomotojo) pereina kitai.

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3. Išnuomoto daikto nuosavybės perėjimas iš nuomotojo kitam asmeniui yra pagrindas nuomos sutarčiai pasibaigti, jeigu to reikalauja nuomininkas.

4. Kai nuomininkas – fizinis asmuo, išsinuomavęs nekilnojamąjį daiktą, miršta, jo teisės ir pareigos pereina įpėdiniams, jeigu įstatymai ar nuomos sutartis nenustato ko kita. Šiais atvejais nuomotojas neturi teisės neleisti mirusio nuomininko įpėdiniui perimti nuomininko teises ir pareigas likusiam nuomos terminui, išskyrus atvejus, kai nuomos sutarties sudarymas buvo nulemtas nuomininko asmeninių savybių.

5. Daikto paėmimo visuomenės poreikiais (ekspropriacijos) atveju nuomos sutartis baigiasi nuo to momento, kai eksproprijuotą daiktą pradeda valdyti naujas jo savininkas (valdytojas).

6.495 straipsnis. Nuomotojo pareiga pranešti apie nuomos sutartį Nuomotojas, parduodamas ar kitaip perduodamas nuomojamą daiktą arba jį įkeisdamas ar

kitaip suvaržydamas nuosavybės teisę, privalo pranešti daikto pirkėjui ar kitokios sutarties šaliai apie nuomos sutartį, o nuomininkui – apie numatomą daikto pardavimą ar kitokį perleidimą, ar teisės į jį suvaržymą.

TREČIASIS SKIRSNIS NUOMOS SUTARTIES PABAIGA

6.496 straipsnis. Nuomos sutarties pabaiga suėjus jos terminui Terminuota nuomos sutartis baigiasi, kai sueina jos terminas, jeigu šalys sutarties

neatnaujina sudarydamos naują susitarimą arba šio kodekso 6.481 straipsnio nustatyta tvarka.

6.497 straipsnis. Sutarties nutraukimas prieš terminą nuomotojo reikalavimu 1. Nuomotojas turi teisę pareikšti teisme reikalavimą nutraukti nuomos sutartį prieš

terminą, jeigu: 1) nuomininkas naudojasi turtu ne pagal sutartį ar turto paskirtį; 2) nuomininkas tyčia ar dėl neatsargumo blogina daikto būklę; 3) nuomininkas nemoka nuomos mokesčio; 4) nuomininkas nedaro remonto tais atvejais, kai jis pagal įstatymus ar sutartį privalo jį

daryti; 5) yra kiti nuomos sutartyje numatyti pagrindai. 2. Jeigu kas kita nenumatyta nuomos sutartyje, nuomos sutarties nutraukimas prieš terminą

nutraukia ir subnuomos sutartį. 3. Nuomotojas turi teisę reikalauti nutraukti terminuotą nuomos sutartį prieš terminą tik po

to, kai jis nusiuntė nuomininkui rašytinį įspėjimą apie būtinumą, įvykdyti prievolę ar pašalinti pažeidimus per protingą terminą, tačiau nuomininkas, gavęs tokį įspėjimą, per protingą terminą prievolės neįvykdė ar pažeidimų nepašalino.

6.498 straipsnis. Sutarties nutraukimas prieš terminą nuomininko reikalavimu Nuomininkas turi teisę pareikšti teisme reikalavimą nutraukti nuomos sutartį prieš terminą,

jeigu: 1) nuomotojas nedaro remonto, kurį jis privalo daryti; 2) daiktas dėl aplinkybių, už kurias nuomininkas neatsako, pasidaro netinkamas naudoti; 3) nuomotojas neperduoda daikto nuomininkui arba kliudo naudotis daiktu pagal jo

paskirtį ir sutarties sąlygas; 4) perduotas daiktas yra su trūkumais, kurie nuomotojo nebuvo aptarti ir nuomininkui

nebuvo žinomi, o dėl šių trūkumų daikto neįmanoma naudoti pagal jo paskirtį ir sutarties sąlygas; 5) yra kiti nuomos sutartyje numatyti pagrindai.

6.499 straipsnis. Daikto grąžinimas nuomotojui 1. Nuomos sutarčiai pasibaigus, nuomininkas privalo grąžinti nuomotojui daiktą tokios

būklės, kokios gavo, atsižvelgiant į normalų nusidėvėjimą, arba sutartyje sulygtos būklės.

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2. Jeigu nuomininkas daiktą grąžina pavėluotai, tai nuomotojas turi teisę reikalauti, kad nuomininkas sumokėtų nuomos mokestį už visą laiką, kurį buvo pavėluota grąžinti daiktą bei atlyginti nuostolius.

3. Kai nuomininkas daikto negrąžina, jis turi atlyginti nuomotojui to daikto vertę, taip pat sumokėti nuomos mokestį bei atlyginti kitus nuomotojo patirtus nuostolius.

6.500 straipsnis. Nuomininko atsakomybė už daikto pabloginimą Jeigu nuomininkas pablogina išsinuomotą daiktą, jis privalo nuomotojui atlyginti dėl

pabloginimo atsiradusius nuostolius, išskyrus tuos atvejus, kai įrodo, kad daiktas pablogėjo ne dėl jo kaltės.

6.501 straipsnis. Daikto pagerinimas 1. Kai nuomininkas nuomotojo leidimu išsinuomotą daiktą pagerina, jis turi teisę į turėtų

šiam tikslui būtinų išlaidų atlyginimą, išskyrus tuos atvejus, kai įstatymai arba sutartis numato ką kita.

2. Nuomininko padarytus be nuomotojo leidimo pagerinimus, jeigu juos galima atskirti be žalos išsinuomotam daiktui ir jeigu nuomotojas nesutinka atlyginti jų vertės, nuomininkas gali pasiimti.

3. Nuomininko padarytų be nuomotojo leidimo ir neatskiriamų be žalos išsinuomotam daiktui pagerinimų vertės neprivaloma atlyginti.

6.502 straipsnis. Nuomininko atsakomybė už daikto praradimą 1. Nuomininkas atsako už daikto praradimą, jeigu neįrodo, kad taip atsitiko ne dėl jo ar

kitų asmenų, kuriems jis nuomotojo leidimu suteikė naudojimosi teisę ar galimybę naudotis išsinuomotu daiktu, kaltės.

2. Nuomininkas neatsako už nekilnojamojo daikto žuvimą dėl gaisro, jeigu neįrodoma, kad gaisras kilo dėl jo ar kitų asmenų, kuriems jis nuomotojo leidimu suteikė naudojimosi teisę ar galimybę naudotis išsinuomotu daiktu, kaltės.

6.503 straipsnis. Nuomojamo daikto išpirkimas 1. Įstatymai arba nuomos sutartis gali numatyti, kad išnuomotas daiktas pereina

nuomininkui nuosavybės teise pasibaigus nuomos sutarties terminui arba iki šio pabaigos, jeigu nuomininkas sumoka visą sutartyje numatytą kainą (išperkamoji nuoma).

2. Jeigu sutartyje daikto išpirkimo sąlyga nenumatyta, ji gali būti nustatyta šalių papildomu susitarimu, kuriame šalys gali nurodyti, kad anksčiau sumokėtas nuomos mokestis įskaitomas į daikto kainą.

3. Įstatymai ar sutartis gali nustatyti draudimą išpirkti nuomojamą daiktą.

KETVIRTASIS SKIRSNIS VARTOJIMO NUOMA

6.504 straipsnis. Vartojimo nuomos sutarties samprata 1. Pagal vartojimo nuomos sutartį nuomotojas, t. y. asmuo, kurio nuolatinis verslas –

daiktų nuoma, įsipareigoja duoti nuomininkui (vartotojui) kilnojamąjį daiktą laikinai valdyti ir juo naudotis už užmokestį nuomininko ar jo šeimos asmeniniams, namų ūkio poreikiams, nesusijusiems su verslu ar profesija, tenkinti, o nuomininkas įsipareigoja mokėti nuomos mokestį.

2. Vartojimo nuomos sutartis yra vartojimo sutartis ir jai mutatis mutandis taikomos šio kodekso nustatytos vartojimo sutarčių taisyklės.

6.505 straipsnis. Vartojimo nuomos sutarties terminas 1. Vartojimo nuomos sutarties terminas negali būti ilgesnis kaip vieneri metai. 2. Vartojimo nuomos sutarčiai netaikomos šio kodekso 6.481 ir 6.482 straipsniuose

nustatytos taisyklės.

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3. Nuomininkas bet kada turi teisę atsisakyti sutarties įspėjęs apie tai nuomotoją ne vėliau kaip prieš dešimt dienų iki sutarties atsisakymo.

6.506 straipsnis. Vartojimo nuomos sutarties forma Vartojimo nuomos sutartis turi būti rašytinė ar kitokios specialiai nustatytos formos

(kvitas, žetonas ir kt.).

6.507 straipsnis. Nuomotojo pareiga daryti išnuomoto daikto remontą Nuomotojas privalo daryti išnuomoto daikto kapitalinį ir einamąjį remontą.

6.508 straipsnis. Daikto perdavimas nuomininkui Sudaręs nuomos sutartį nuomotojas privalo, dalyvaujant nuomininkui, patikrinti

išnuomojamo daikto būklę, supažindinti nuomininką su daikto naudojimo taisyklėmis arba perduoti jam rašytines naudojimosi daiktu instrukcijas.

6.509 straipsnis. Išnuomoto daikto trūkumų pašalinimas 1. Kai nustatoma išnuomoto daikto trūkumų, dėl kurių daiktu visiškai ar iš dalies negalima

naudotis, nuomotojas privalo per dešimt dienų nuo tos dienos, kurią gavo nuomininko pranešimą apie trūkumus, jeigu sutartis nenustato trumpesnio termino, neatlygintinai pašalinti daikto trūkumus daikto buvimo vietoje arba pakeisti tą daiktą kitu analogišku tinkamu daiktu.

2. Jeigu daikto trūkumų atsirado dėl to, kad nuomininkas pažeidė daikto naudojimo ir laikymo taisykles, tai nuomininkas turi atlyginti nuomotojui daikto remonto ir gabenimo išlaidas.

6.510 straipsnis. Nuomos mokestis 1. Nuomos mokestis nustatomas sutartyje pinigų suma, kuri sumokama iš karto arba

periodiškai per kelis kartus. 2. Jeigu nuomininkas daiktą grąžina nuomotojui prieš terminą, tai nuomotojas turi grąžinti

nuomininkui atitinkamą gauto nuomos mokesčio dalį, apskaičiuotą nuo dienos, einančios po faktiško daikto grąžinimo dienos.

3. Nuomotojas neturi teisės vienašališkai padidinti nuomos mokestį po sutarties sudarymo.

6.511 straipsnis. Nuomininko teisių apribojimai Nuomininkas pagal vartojimo nuomos sutartį neturi teisės išnuomoto daikto subnuomoti,

perduoti savo teises ir pareigas pagal nuomos sutartį kitam asmeniui, sudaryti daikto panaudos sutartį, įkeisti teises pagal nuomos sutartį ar perduoti jas kaip turtinį įnašą.

PENKTASIS SKIRSNIS TRANSPORTO PRIEMONIŲ NUOMA TEIKIANT VAIRAVIMO

IR TECHNINĖS PRIEŽIŪROS PASLAUGAS

6.512 straipsnis. Transporto priemonių nuomos teikiant vairavimo ir techninės priežiūros paslaugas sutarties samprata

1. Pagal transporto priemonių nuomos teikiant vairavimo ir techninės priežiūros paslaugas sutartį nuomotojas įsipareigoja perduoti nuomininkui laikinai naudotis už užmokestį transporto priemonę ir suteikti tos transporto priemonės vairavimo ir techninės priežiūros paslaugas, o nuomininkas įsipareigoja mokėti nuomos mokestį.

2. Transporto priemonių nuomos teikiant vairavimo ir techninės priežiūros paslaugas sutarčiai netaikomos šio kodekso 6.481 ir 6.482 straipsniuose nustatytos taisyklės.

6.513 straipsnis. Sutarties forma Transporto priemonių nuomos teikiant vairavimo ir techninės priežiūros paslaugas sutartis

nepaisant jos termino turi būti rašytinė.

6.514 straipsnis. Nuomotojo pareiga išlaikyti transporto priemonę

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Nuomotojas privalo per visą nuomos sutarties terminą užtikrinti tinkamą išnuomotos transporto priemonės techninę būklę, taip pat daryti jos kapitalinį ir einamąjį remontą bei tiekti būtinas detales.

6.515 straipsnis. Nuomotojo pareiga teikti transporto priemonės vairavimo ir techninio aptarnavimo paslaugas

1. Nuomotojas privalo teikti transporto priemonės vairavimo ir techninės priežiūros paslaugas, kurios leistų užtikrinti jos normalų ir saugų eksploatavimą pagal nuomos sutarties sąlygas. Nuomos sutartyje šalys gali numatyti, kad nuomotojas teikia nuomininkui ir kitokias paslaugas.

2. Nuomotojas privalo užtikrinti, kad transporto priemonę vairuojančio asmens ar asmenų kvalifikacija bei kiti jiems keliami reikalavimai atitiktų įstatymų ir nuomos sutarties nustatytus kriterijus.

3. Asmenys, vairuojantys išnuomotą transporto priemonę, yra nuomotojo darbuotojai. Jie vykdo su transporto priemonės technine priežiūra susijusius nuomotojo nurodymus ir su transporto priemonės naudojimu susijusius nuomininko reikalavimus.

4. Jeigu nuomos sutartis nenumato ko kita, asmenų, vairuojančių transporto priemonę, išlaikymo išlaidas bei darbo užmokestį jiems moka nuomotojas.

6.516 straipsnis. Nuomininko pareiga apmokėti transporto priemonės komercinio naudojimo išlaidas

Nuomininkas turi apmokėti transporto priemonės naudojimo išlaidas, kuro ir kitų sunaudojamų medžiagų kainą bei mokėti rinkliavas, jeigu sutartis nenumato ko kita.

6.517 straipsnis. Transporto priemonės draudimas Drausti transporto priemonę ir jos valdytojo civilinę atsakomybę privalo nuomotojas, jeigu

sutartis nenumato ko kita.

6.518 straipsnis. Sutartys su trečiaisiais asmenimis 1. Jeigu nuomos sutartis nenumato ko kita, nuomininkas neturi teisės subnuomoti

transporto priemonę tretiesiems asmenims be nuomotojo sutikimo. 2. Jeigu sutartis nenumato ko kita, nuomininkas turi teisę be nuomotojo sutikimo savo

vardu sudaryti vežimo ir kitas sutartis su trečiaisiais asmenimis, kai tai neprieštarauja transporto priemonės naudojimo tikslams.

6.519 straipsnis. Atsakomybė už transporto priemonei padarytą žalą Kai nuomojama transporto priemonė žūva arba sugadinama, nuomininkas privalo atlyginti

nuomotojui padarytus nuostolius, jeigu nuomotojas įrodo, kad transporto priemonė žuvo ar buvo sugadinta dėl aplinkybių, už kurias atsako nuomininkas.

6.520 straipsnis. Atsakomybė už tretiesiems asmenims padarytą žalą Už žalą, padarytą nuomojama transporto priemone tretiesiems asmenims, atsako

nuomotojas. Nuomotojas, atlyginęs žalą, turi teisę pareikšti nuomininkui atgręžtinį reikalavimą dėl išmokėtų sumų išieškojimo, jeigu žala atsirado dėl nuomininko kaltės.

6.521 straipsnis. Atskirų rūšių transporto priemonių nuomos teikiant vairavimo ir techninės priežiūros paslaugas ypatumai

Atskirų transporto rūšių kodeksai gali nustatyti tam tikrų rūšių transporto priemonių nuomos teikiant vairavimo ir techninės priežiūros paslaugas ypatumus.

ŠEŠTASIS SKIRSNIS TRANSPORTO PRIEMONIŲ NUOMA NETEIKIANT VAIRAVIMO

IR TECHNINĖS PRIEŽIŪROS PASLAUGŲ

6.522 straipsnis. Transporto priemonės nuomos neteikiant vairavimo ir techninės priežiūros paslaugų sutarties samprata

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1. Pagal transporto priemonės nuomos neteikiant vairavimo ir techninės priežiūros paslaugų sutartį nuomotojas įsipareigoja suteikti už užmokestį transporto priemonę nuomininkui laikinai valdyti ir naudotis, o nuomininkas įsipareigoja mokėti nuomos mokestį.

2. Transporto priemonės nuomos neteikiant vairavimo ir techninės priežiūros paslaugų sutarčiai netaikomos šio kodekso 6.481 ir 6.482 straipsniuose nustatytos taisyklės.

6.523 straipsnis. Sutarties forma Transporto priemonės nuomos neteikiant vairavimo ir techninės priežiūros paslaugų

sutartis nepaisant jos termino turi būti rašytinė.

6.524 straipsnis. Pareiga prižiūrėti transporto priemonę Nuomininkas nuomos laikotarpiu privalo techniškai prižiūrėti transporto priemonę,

užtikrinti tinkamą jos būklę, atlikti einamąjį ir kapitalinį remontą, jeigu sutartis nenustato ko kita.

6.525 straipsnis. Nuomininko pareiga vairuoti ir eksploatuoti transporto priemonę Nuomojamos transporto priemonės vairavimą ir jos komercinį bei techninį eksploatavimą

užtikrina nuomininkas savo jėgomis ir lėšomis.

6.526 straipsnis. Nuomininko pareiga apmokėti transporto priemonės naudojimo ir kitas išlaidas

Nuomininkas privalo apmokėti nuomojamos transporto priemonės naudojimo ir išlaikymo išlaidas, taip pat mokėti draudimo įmokas, jeigu nuomos sutartis nenumato ko kita.

6.527 straipsnis. Sutartys su trečiaisiais asmenimis 1. Jeigu nuomos sutartis nenumato ko kita, nuomininkas neturi teisės be nuomotojo

sutikimo subnuomoti transporto priemonę tretiesiems asmenims nuomos sutarties nustatytomis sąlygomis.

2. Jeigu nuomos sutartis nenumato ko kita, nuomininkas turi teisę be nuomotojo sutikimo savo vardu sudaryti su trečiaisiais asmenimis vežimo ir kitas sutartis, kai tai neprieštarauja transporto priemonės naudojimo tikslams.

6.528 straipsnis. Atsakomybė už tretiesiems asmenims padarytą žalą Už žalą, padarytą nuomojama transporto priemone tretiesiems asmenims, atsako

nuomininkas.

6.529 straipsnis. Atskirų rūšių transporto priemonių nuomos neteikiant vairavimo ir techninės priežiūros paslaugų ypatumai

Atskirų transporto rūšių kodeksai gali nustatyti tam tikrų rūšių transporto priemonių nuomos neteikiant vairavimo ir techninės priežiūros paslaugų ypatumus.

SEPTINTASIS SKIRSNIS PASTATŲ, STATINIŲ AR ĮRENGINIŲ NUOMA

6.530 straipsnis. Pastatų, statinių ar įrenginių nuomos sutarties samprata 1. Pagal pastatų, statinių ar įrenginių nuomos sutartį nuomotojas įsipareigoja už užmokestį

perduoti nuomininkui laikinai valdyti ir naudoti arba laikinai naudoti pastatą, statinį ar įrenginį, o nuomininkas įsipareigoja mokėti nuomos mokestį.

2. Šio skirsnio taisyklės taikomos įmonių nuomai tiek, kiek tai neprieštarauja šio skyriaus aštuntojo skirsnio normoms.

6.531 straipsnis. Sutarties forma 1. Pastatų, statinių ar įrenginių nuomos sutartis turi būti rašytinė. 2. Tik įregistruota viešame registre pastatų, statinių ar įrenginių nuomos sutartis gali būti

panaudota prieš trečiuosius asmenis.

6.532 straipsnis. Teisės į žemės sklypą

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1. Pagal pastatų, statinių ar įrenginių nuomos sutartį kartu su nuomos dalyku nuomininkui perduodamos ir teisės naudotis tų pastatų, statinių ar įrenginių užimtu žemės sklypu, būtinu jiems naudoti pagal paskirtį.

2. Jeigu žemės sklypo, kuriame yra išnuomoti pastatai, statiniai ar įrenginiai, savininkas yra nuomotojas, tai nuomininkui žemės sklypas suteikiamas naudotis nuomos ar kitokia teise, numatyta pastatų, statinių ar įrenginių nuomos sutartyje.

3. Jeigu pastatų, statinių ar įrenginių nuomos sutartyje nuomininko teisės į pastatų, statinių ar įrenginių užimamą žemės sklypą neaptartos, tai laikoma, kad nuomininkui visam nuomos laikotarpiui suteikiama neatlygintina teisė naudotis ta žemės sklypo dalimi, kuri būtina pastatams, statiniams ar įrenginiams naudoti pagal paskirtį.

4. Jeigu žemės sklypas, kuriame yra išnuomoti pastatai, statiniai ar įrenginiai, nuosavybės teise nuomotojui nepriklauso, tai tokių pastatų, statinių ar įrenginių nuoma be žemės sklypo savininko sutikimo leidžiama tik tais atvejais, jeigu tai neprieštarauja įstatymams ar žemės sklypo savininko ir pastatų, statinių ar įrenginių nuomotojo sutarčiai.

6.533 straipsnis. Nuomininko teisės naudotis žemės sklypu pasikeitus jo savininkui Kai žemės sklypas, kuriame yra išnuomoti pastatai, statiniai ar įrenginiai, parduodamas ar

kitokiu pagrindu pereina kitam asmeniui nuosavybės teise, tai nuomininkui išlieka teisė naudotis žemės sklypu, būtinu pastatams, statiniams ar įrenginiams naudoti pagal paskirtį, tokiomis pat sąlygomis kaip ir iki žemės sklypo nuosavybės teisės perleidimo kitam asmeniui, jeigu nuomos sutartis buvo įregistruota viešame registre įstatymų nustatyta tvarka.

6.534 straipsnis. Nuomos mokestis 1. Nuomos mokestis nustatomas šalių susitarimu. 2. Į sutartyje nustatytą nuomos mokestį įskaitomas ir mokestis už naudojimąsi žemės

sklypu, kuriame yra išnuomoti pastatai, statiniai ar įrenginiai, jeigu įstatymai ar nuomos sutartis nenumato ko kita.

3. Jeigu nuomos mokestis nustatytas už pastato, statinio ar įrenginio ploto vienetą ar kitokį jų dydžio matą, tai nuomos mokestis apskaičiuojamas atsižvelgiant į faktinį išnuomoto pastato, statinio ar įrenginio dydį.

6.535 straipsnis. Pastato, statinio ar įrenginio perdavimas 1. Pastatas, statinys ar įrenginys perduodamas ir priimamas pagal perdavimo–priėmimo

aktą. Jį pasirašo abi šalys. 2. Jeigu įstatymai ar sutartis nenumato ko kita, nuomotojo pareiga perduoti pastatą, statinį

ar įrenginį nuomininkui laikoma įvykdyta, kai pastatas, statinys ar įrenginys faktiškai perduodamas nuomininkui arba pasirašomas perdavimo–priėmimo aktas.

3. Jeigu viena sutarties šalis vengia pasirašyti pastato, statinio ar įrenginio perdavimo– priėmimo aktą nuomos sutartyje aptartomis sąlygomis, tai laikoma, kad atitinkamai nuomotojas atsisako vykdyti savo prievolę perduoti pastatą, statinį ar įrenginį, o nuomininkas atsisako juos priimti.

4. Pasibaigus pastato, statinio ar įrenginio nuomos sutarčiai, jis turi būti grąžintas nuomotojui pagal šio straipsnio nustatytas taisykles.

AŠTUNTASIS SKIRSNIS ĮMONĖS NUOMA

6.536 straipsnis. Įmonės nuomos sutarties samprata 1. Pagal įmonės nuomos sutartį nuomotojas įsipareigoja už užmokestį perduoti

nuomininkui laikinai valdyti ir naudoti įmonę kaip turtinį kompleksą, naudojamą verslui, o nuomininkas įsipareigoja mokėti nuomos mokestį. Kartu su įmone kaip turtiniu kompleksu nuomininkui perduodamas žemės sklypas, pastatai, statiniai, įrengimai, mechanizmai bei kitos sutartyje numatytos gamybos priemonės, žaliavos, atsargos, apyvartinės lėšos, teisės naudotis žeme, vandeniu ir kitais gamtos ištekliais, pastatais, statiniais ar įrenginiais, kitos su įmone susijusios nuomotojo turtinės teisės, teisė į prekių ar paslaugų ženklą bei firmos vardą ir kitos išimtinės teisės, taip pat perleidžiamos reikalavimo teisės ir perkeliamos skolos, numatytos

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nuomos sutartyje. Teisė valdyti turtą, kuris yra kito asmens nuosavybė, ir juo naudotis, taip pat teisė valdyti žemės sklypą ir gamtos išteklius ir jais naudotis, perduodamos įstatymų nustatyta tvarka.

2. Nuomotojo teisės, įgytos jam išduoto leidimo (licencijos) pagrindu, pagal įmonės nuomos sutartį negali būti perduotos nuomininkui, išskyrus įstatymų ar sutarties numatytas išimtis. Aplinkybė, kad į perduodamas pagal įmonės nuomos sutartį prievoles įeina ir prievolės, kurių nuomininkas negali įvykdyti neturėdamas atitinkamo leidimo (licencijos), neatleidžia nuomotojo nuo pareigos įvykdyti tokias prievoles savo kreditoriams.

6.537 straipsnis. Įmonės kreditorių teisės įmonės nuomos atveju 1. Įmonės nuomotojas privalo iki įmonės perdavimo nuomininkui raštu pranešti apie

įmonės išnuomavimą įmonės kreditoriams. 2. Įmonės kreditorius, kuris raštu nėra iš anksto pranešęs nuomotojui apie savo sutikimą

perkelti skolą, turi teisę per tris mėnesius nuo pranešimo apie įmonės išnuomavimą gavimo dienos reikalauti nutraukti savo sudarytą sutartį arba įvykdyti ją prieš terminą ir atlyginti nuostolius.

3. Įmonės kreditorius, kuriam apie įmonės išnuomavimą nebuvo pranešta šio straipsnio 1 dalies nustatyta tvarka, turi teisę pareikšti šio straipsnio 2 dalyje numatytus reikalavimus nuomotojui per vienerius metus nuo tos dienos, kurią jis sužinojo ar turėjo sužinoti apie įmonės išnuomavimą.

4. Po įmonės išnuomavimo nuomotojas ir nuomininkas solidariai atsako už įmonės skolas, kurios buvo perkeltos nuomininkui be kreditoriaus sutikimo.

6.538 straipsnis. Sutarties forma 1. Įmonės nuomos sutartis turi būti vienas rašytinės formos dokumentas. 2. Formos reikalavimų nesilaikymas įmonės nuomos sutartį daro negaliojančią. 3. Tik viešame turto registre ir juridinių asmenų registre įregistruota įmonės nuomos

sutartis gali būti panaudota prieš trečiuosius asmenis.

6.539 straipsnis. Įmonės perdavimas 1. Įmonė perduodama nuomininkui pagal perdavimo–priėmimo aktą. 2. Paruošti įmonę perdavimui, taip pat parengti perdavimo–priėmimo aktą yra nuomotojo

pareiga ir tą jis turi padaryti savo lėšomis, jeigu įmonės nuomos sutartis nenumato ko kita.

6.540 straipsnis. Išnuomotos įmonės turto naudojimas 1. Jeigu ko kita nenumato įmonės nuomos sutartis, nuomininkas turi teisę be nuomotojo

sutikimo parduoti, keisti, perduoti laikinai naudotis į išnuomotos įmonės turtą įeinančias žaliavas, atsargas, pagamintą produkciją, taip pat jas subnuomoti ir perduoti savo teises ir pareigas į šias vertybes pagal nuomos sutartį, kai tai nepažeis įmonės nuomos sutarties sąlygų ir nesumažins įmonės vertės.

2. Jeigu ko kita nenumato įmonės nuomos sutartis, nuomininkas neturi teisės be nuomotojo sutikimo keisti išnuomotos įmonės kaip turtinio komplekso, rekonstruoti, modernizuoti, išplėsti pajėgumus, techniškai pertvarkyti įmonę bei atlikti kitus pakeitimus.

6.541 straipsnis. Nuomininko pareiga užtikrinti įmonės eksploatavimą 1. Nuomininkas privalo per visą nuomos laikotarpį užtikrinti tinkamą įmonės techninę

būklę, daryti įmonės einamąjį ir kapitalinį remontą. 2. Nuomininkas privalo apmokėti visas su įmonės eksploatavimu susijusias išlaidas,

mokėti įmonės turto draudimo bei kitokias įmokas, jeigu įmonės nuomos sutartis nenumato ko kita.

6.542 straipsnis. Įmonės pagerinimai 1. Nuomininkas turi teisę į neatskiriamo įmonės pagerinimo išlaidų atlyginimą, jeigu buvo

gautas nuomotojo sutikimas tokiam pagerinimui atlikti, išskyrus atvejus, kai įmonės nuomos sutartis nenumato ko kita.

2. Nuomotojas gali būti atleistas nuo šio straipsnio 1 dalyje numatytų išlaidų atlyginimo, jeigu įrodo, kad dėl nuomininko išlaidų įmonės vertė padidėja neproporcingai atsižvelgiant į jos

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kokybės ir (arba) eksploatacinių savybių pagerėjimą arba kad atliekant pagerinimus buvo pažeisti sąžiningumo ir protingumo kriterijai.

6.543 straipsnis. Sandorių negaliojimo ir kitokių teisinių pasekmių atsiradimas įmonės nuomos sutartims

Šio kodekso taisyklės, nustatančios sandorių negaliojimo, sutarties nutraukimo ar pakeitimo teisines pasekmes, taip pat nustatančios turto grąžinimą ar išieškojimą natūra, taikomos įmonės nuomos sutartims, jeigu tai iš esmės nepažeidžia nuomotojo, nuomininko ar kitų asmenų teisių ir interesų ir neprieštarauja viešajai tvarkai.

6.544 straipsnis. Išnuomotos įmonės grąžinimas Kai įmonės nuomos sutartis pasibaigia, nuomininkas privalo grąžinti įmonę nuomotojui

pagal šio kodekso 6.536, 6.537 ir 6.539 straipsnių nustatytas taisykles. Paruošti įmonę perdavimui, parengti jos perdavimo–priėmimo aktą privalo nuomininkas savo lėšomis, jeigu įmonės nuomos sutartis nenumato ko kita.

XXIX SKYRIUS ŽEMĖS NUOMA

6.545 straipsnis. Žemės nuomos sutarties samprata 1. Pagal žemės nuomos sutartį viena šalis (nuomotojas) įsipareigoja perduoti už užmokestį

kitai šaliai (nuomininkui) sutartyje nurodytą žemės sklypą laikinai valdyti ir naudotis pagal sutartyje numatytą paskirtį ir naudojimo sąlygas, o nuomininkas įsipareigoja mokėti sutartyje nustatytą žemės nuomos mokestį.

2. Atskiri Lietuvos Respublikos įstatymai gali nustatyti žemės sklypų nuomos užsienio valstybių diplomatinėms atstovybėms ar konsulinėms įstaigoms, taip pat žemės sklypų, esančių laisvosiose ekonominėse zonose, jūrų uosto teritorijoje ar kitose specifinėse vietovėse, nuomos ypatumus.

6.546 straipsnis. Žemės nuomos sutarties dalykas Žemės nuomos sutarties dalykas yra valstybinės žemės arba privačios žemės sklypas (jo

dalis), suformuotas pagal žemėtvarkos projektą ar kitą detalų teritorijų planavimo dokumentą ir įstatymų nustatyta tvarka įregistruotas viešame registre.

6.547 straipsnis. Žemės nuomos sutarties forma 1. Žemės nuomos sutartis turi būti rašytinė. 2. Šalys gali panaudoti žemės nuomos sutartį prieš trečiuosius asmenis tik įregistravusios

ją viešame registre įstatymų nustatyta tvarka. 3. Prie žemės nuomos sutarties turi būti pridėtas nuomojamo žemės sklypo planas, o kai

žemė nuomojama iki trejų metų, – žemės sklypo schema. Šie dokumentai yra žemės nuomos sutarties neatskiriama dalis.

6.548 straipsnis. Žemės nuomotojas ir žemės nuomininkas 1. Privačios žemės nuomotojas yra privačios žemės savininkas. 2. Valstybinės žemės nuomos sutartis pagal savo kompetenciją sudaro valstybinės žemės

valdytojo funkcijas atliekanti institucija. 3. Keliems asmenims bendrosios nuosavybės teise priklausantis žemės sklypas gali būti

išnuomojamas, jeigu visi bendraturčiai raštu sutinka. 4. Žemės nuomininku gali būti Lietuvos Respublikos ir užsienio valstybių fiziniai ir

juridiniai asmenys. Straipsnio pakeitimas: Nr. XI-747, 2010-04-13, Žin., 2010, Nr. 48-2297 (2010-04-27)

6.549 straipsnis. Žemės nuomos sutarties terminas 1. Privačios žemės nuomos sutarties terminas nustatomas nuomotojo ir nuomininko

susitarimu. Šalys gali sudaryti ir neterminuotą žemės nuomos sutartį.

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2. Valstybinės žemės nuomos sutarties terminas nustatomas nuomotojo ir nuomininko susitarimu, bet ne ilgiau kaip devyniasdešimt devyneriems metams.

3. Įstatymai gali nustatyti ir trumpesnius maksimalius žemės nuomos sutarties terminus. 4. Jeigu pagal teritorijų planavimo dokumentus žemės sklypą numatyta naudoti

visuomenės poreikiams, šis žemės sklypas išnuomojamas tik iki to laiko, kol jis bus paimtas naudoti pagal paskirtį. Jeigu sutartis sudaryta ilgesniam terminui, tai laikoma, kad ji sudaryta tik iki žemės sklypo paėmimo.

6.550 straipsnis. Žemės nuomos sutarties turinys 1. Žemės nuomos sutartyje turi būti nurodyta: 1) žemės nuomotojas; 2) žemės nuomininkas; 3) žemės nuomos objekto duomenys, įrašyti žemės kadastre bei viešame registre; 4) žemės nuomos terminas; 5) pagrindinė tikslinė žemės naudojimo paskirtis; 6) išnuomojamoje žemėje esančių žemės savininkui ar kitiems asmenims nuosavybės teise

priklausančių statinių ir įrenginių naudojimo sąlygos bei naujų pastatų, statinių statybos, kelių tiesimo, vandens telkinių įrengimo ir kitos sąlygos, taip pat kam pastatai ar įrenginiai bus naudojami pasibaigus žemės nuomos terminui;

7) išnuomojamoje žemėje esančių požeminio bei paviršinio vandens, naudingųjų iškasenų (išskyrus gintarą, naftą, dujas ir kvarcinį smėlį) naudojimo sąlygos, neprieštaraujančios įstatymams;

8) žemės naudojimo specialiosios sąlygos; 9) žemės naudojimo apribojimai; 10) žemės servitutai ir kitos daiktinės teisės; 11) užmokestis už žemės nuomą. Į jį įskaitomas užmokestis už melioracijos įrenginius,

kelius, tiltus, inžinerinius įrenginius ir kita, taip pat mokesčio indeksavimas, jeigu nuomojama valstybinė žemė;

12) kiti su nuomojamo žemės sklypo naudojimu bei žemės sklypo grąžinimu pasibaigus žemės nuomos sutarčiai susiję nuomotojo ir nuomininko įsipareigojimai;

13) atsakomybė už žemės nuomos sutarties pažeidimus. 2. Į žemės nuomos sutartį negali būti įrašytas: 1) įgaliojimas nuomininkui atstovauti žemės savininkui ir disponuoti šio savininko

privačia žeme bei joje esančiu kitu nekilnojamuoju turtu; 2) privačios žemės nuomininko teisė keisti pagrindinę tikslinę žemės naudojimo paskirtį. 3. Žemės nuomos sutarties sąlygos, nustatančios kaip naudoti išsinuomotą žemę, neturi

prieštarauti aplinkos apsaugos, gretimų žemės sklypų savininkų ar naudotojų bei visuomenės interesams.

6.551 straipsnis. Valstybinės žemės išnuomojimas 1. Valstybinė žemė, išskyrus šio straipsnio 2 dalyje nustatytus atvejus, Vyriausybės

nustatyta tvarka išnuomojama aukciono būdu asmeniui, kuris pasiūlo didžiausią nuomos mokestį. 2. Valstybinė žemė išnuomojama ne aukciono būdu, jeigu ji užstatyta fiziniams ar

juridiniams asmenims nuosavybės teise priklausančiais ar jų nuomojamais pastatais, statiniais ar įrenginiais, taip pat kitais įstatymų numatytais atvejais.

6.552 straipsnis. Žemės nuomos mokestis 1. Privačios žemės nuomos mokesčio dydis nustatomas nuomotojo ir nuomininko

susitarimu. 2. Valstybinės žemės, nuomojamos ne aukciono būdu, nuomos mokesčio dydis nustatomas

teisės aktų nustatyta tvarka.

6.553 straipsnis. Žemės subnuoma 1. Žemės nuomininkas, gavęs rašytinį nuomotojo sutikimą, turi teisę išsinuomotą žemę

subnuomoti pagal žemės nuomos sutartyje nustatytus reikalavimus ir sąlygas.

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2. Žemės ūkio paskirties žemės kitai paskirčiai, negu numatyta žemės nuomos sutartyje, subnuomoti negalima.

3. Žemės subnuomos sutartis sudaroma laikantis žemės nuomos sutarčiai nustatytų reikalavimų.

6.554 straipsnis. Nuomininko išlaidų žemės ūkio paskirties žemei pagerinti atlyginimas

Nuomininko išlaidos žemės ūkio paskirties žemei pagerinti nuomininkui atlyginamos, kai tai numato žemės nuomos sutartis arba kai abi šalys iki žemės pagerinimo darbų pradžios susitaria (papildomu rašytiniu susitarimu) dėl šių darbų pobūdžio, masto ir išlaidų dydžio.

6.555 straipsnis. Nuomotojo pareiga remontuoti melioracijos įrenginius, kelius, tiltus ir kitus inžinerinius įrenginius

1. Jeigu įstatymai ar žemės nuomos sutartis nenumato ko kita, žemės nuomotojas privalo remontuoti savo lėšomis jam priklausančius melioracijos įrenginius, kelius, tiltus, kitus inžinerinius įrenginius. Jeigu nuomotojas šios pareigos nevykdo ir žemės sklypo negalima naudoti pagal paskirtį, nuomininkas turi teisę nutraukti sutartį.

2. Jeigu nuomotojas nedaro šio straipsnio 1 dalyje numatyto remonto, kurį atitinkamos valdymo institucijos pripažino būtinu ir neatidėliotinu, tai nuomininkas turi teisę padaryti remontą ir iš nuomotojo teismo tvarka išieškoti remonto išlaidas, būtinas išnuomoto turto funkcionavimui užtikrinti.

6.556 straipsnis. Nuomininko pareiga išsaugoti dirvožemį ir jo kokybę, tvarkingai išlaikyti melioracijos įrenginius, kelius, tiltus, kitus inžinerinius įrenginius bei želdinius

1. Nuomininkui išsinuomotame žemės sklype draudžiama atlikti veiksmus, kuriais būtų sunaikintas ar užterštas derlingasis dirvožemio sluoksnis. Nuomininkas privalo savo lėšomis atlikti nuomotojui priklausančių melioracijos įrenginių, kelių, tiltų, kitų inžinerinių įrenginių smulkius priežiūros darbus įstatymų nustatyta tvarka, saugoti apsauginius ir kitus ženklus, taip pat užtikrinti teritorijos aplinkosaugos reikalavimus, jeigu žemės nuomos sutartyje nenumatyta ko kita. Jeigu nuomininkas šių pareigų nevykdo, nuomotojas turi teisę iš nuomininko išieškoti lėšas nurodytiems darbams atlikti bei nuostolius, patirtus dėl šiame straipsnyje nurodytų pareigų nevykdymo, ir nutraukti žemės nuomos sutartį.

2. Jeigu žemės nuomininkas žemės ūkio naudmenas naudoja netinkamai ir dėl to pablogėja jų kokybė, žemės nuomininkas privalo atlyginti nuomotojui atsiradusius nuotolius.

6.557 straipsnis. Nuomininko teisė gauti kompensaciją už pastatytus pastatus, statinius ir įrenginius

1. Pasibaigus žemės nuomos terminui arba nutraukus žemės nuomos sutartį prieš terminą, už pastatytus pastatus, statinius ir įrenginius, kurių statybos galimybė buvo numatyta žemės nuomos sutartyje, nuomininkui žemės savininkas kompensuoja, o kai pastatai lieka buvusiam žemės nuomininkui nuosavybės teise, šis turi teisę į žemės servitutą, jeigu tai buvo numatyta žemės nuomos sutartyje arba papildomame rašytiniame susitarime.

2. Jeigu pastatai, statiniai ar įrenginiai pastatyti be leidimo arba pastatyti žemės nuomos sutartyje nenumatyti pastatai, statiniai ar įrenginiai, nuomininkas privalo juos nugriauti ir sutvarkyti žemės sklypą. Kai nuomininkas to nepadaro, jo lėšomis tai padaro nuomotojas arba tie pastatai, statiniai bei įrenginiai pereina nuomotojui nuosavybės teise, jeigu jie tenkina teritorijų planavimo dokumentų nustatytus reikalavimus, ir įteisinami įstatymų nustatyta tvarka.

6.558 straipsnis. Žemės nuomos sutarties galiojimas pasikeitus žemės nuomininkui 1. Po žemės nuomininko mirties su nuomos sutartimi susijusios teisės ir pareigos pereina

jo įpėdiniams, jeigu šie jų neatsisako. Jeigu žemės nuomininko įpėdiniai žemės nuomos sutarties atsisako, tai jie turi atlyginti nuomotojui dėl to atsiradusius nuostolius.

2. Jeigu žemės nuomininkas yra juridinis asmuo ir jis reorganizuojamas, tai jo pagal sutartį turėtos teisės ir pareigos pereina naujam juridiniam asmeniui.

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6.559 straipsnis. Žemės nuomos sutarties galiojimas pasikeitus žemės nuomotojui Kai dėl žemės savininko mirties arba kitu teisiniu pagrindu žemės nuosavybės teisė

pereina kitam savininkui, taip pat kai pasikeičia valstybinės žemės nuomotojas, žemės nuomos sutartis galioja naujajam žemės savininkui arba valstybinės žemės nuomotojui, jeigu sutartis buvo įstatymų nustatyta tvarka įregistruota viešame registre.

6.560 straipsnis. Nuomotojo pareiga pranešti apie nuomos sutartį Prieš parduodamas ar kitaip perleisdamas nuomojamą žemės sklypą arba jį įkeisdamas ar

kitaip teises į jį suvaržydamas, nuomotojas privalo pranešti žemės sklypo įgijėjui ir būsimam įkaito turėtojui apie nuomos sutartį, o nuomininkui – apie numatomą žemės sklypo perleidimą, įkeitimą ar kitokį teisių į jį suvaržymą.

6.561 straipsnis. Draudimas išnuomoti įkeistą žemę Jeigu įkeistos žemės savininkas sutartyje nustatytu laiku neįvykdo skolinio įsipareigojimo

ir hipotekos teisėjas priima nutartį areštuoti įkeistą žemę, šią žemę draudžiama išnuomoti.

6.562 straipsnis. Žemės nuomos sutarties pabaiga Žemės nuomos sutartis baigiasi: 1) kai sueina nuomos terminas; 2) po žemės nuomininko mirties, jeigu įpėdiniai neperima su nuomos sutartimi susijusių

teisių ir pareigų arba įpėdinių nėra; 3) kai juridinis asmuo, kuris buvo žemės nuomininkas, likviduojamas; 4) kai nuomojama žemė parduodama, padovanojama ar kitaip perleidžiama nuomininkui; 5) kai žemės nuomos sutartis nutraukiama šio kodekso 6.563, 6.564 ir 6.565 straipsniuose

numatytais pagrindais; 6) šalių susitarimu.

6.563 straipsnis. Žemės nuomos sutarties nutraukimas paimant žemę visuomenės poreikiams

Kai išnuomota žemė paimama visuomenės poreikiams, žemės nuomos sutartis nutraukiama ir nuomotojui bei nuomininkui nuostoliai atlyginami įstatymų nustatyta tvarka.

6.564 straipsnis. Žemės nuomos sutarties nutraukimas prieš terminą nuomotojo reikalavimu

1. Žemės nuomos sutartis prieš terminą nuomotojo reikalavimu gali būti nutraukta: 1) jeigu žemės nuomininkas naudoja žemę ne pagal sutartį ar pagrindinę tikslinę žemės

naudojimo paskirtį; 2) jeigu žemės nuomininkas ilgiau kaip tris mėnesius nuo žemės nuomos sutartyje

nustatyto nuomos mokesčio mokėjimo termino šio mokesčio nesumoka; 3) kitais įstatymų nustatytais atvejais. 2. Apie žemės nuomos sutarties nutraukimą nuomotojas privalo raštu pranešti žemės ūkio

paskirties žemės nuomininkams ne vėliau kaip prieš tris mėnesius, o kitos paskirties žemės nuomininkams – prieš du mėnesius iki nuomos sutarties nutraukimo.

3. Jeigu žemės ūkio paskirties žemės nuomos sutartis nutraukiama prieš terminą nuomotojo reikalavimu, derlių nusiima nuomininkas arba nuomotojas atlygina nuomininkui su sutarties nutraukimu susijusius nuostolius.

6.565 straipsnis. Žemės nuomos sutarties nutraukimas prieš terminą nuomininko reikalavimu

1. Kai nuomojama žemės ūkio paskirties žemė, žemės nuomos sutartis prieš terminą nuomininko reikalavimu gali būti nutraukta apie tai iš anksto pranešus nuomotojui ne vėliau kaip prieš tris mėnesius, o kai nuomojama kitokios paskirties žemė, – ne vėliau kaip prieš du mėnesius.

2. Jeigu žemės nuomotojas nevykdo šio kodekso 6.555 straipsnyje nurodytų pareigų, nuomininkas turi teisę nutraukti žemės nuomos sutartį nesilaikydamas šio straipsnio 1 dalyje nustatytos tvarkos.

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6.566 straipsnis. Žemės nuomininko pirmumo teisė atnaujinti žemės nuomos sutartį Kai žemės nuomos sutarties terminas pasibaigęs ir kartu su buvusiu nuomininku tokiomis

pat sąlygomis išsinuomoti žemę pretenduoja ir kiti asmenys, pirmumo teisę sudaryti naują žemės nuomos sutartį turi buvęs tos žemės nuomininkas, jeigu jis tvarkingai vykdė pagal žemės nuomos sutartį prisiimtus įsipareigojimus.

XXX SKYRIUS LIZINGAS (FINANSINĖ NUOMA)

6.567 straipsnis. Lizingo (finansinės nuomos) sutarties samprata 1. Pagal lizingo (finansinės nuomos) sutartį viena šalis (lizingo davėjas) įsipareigoja įgyti

nuosavybės teise iš trečiojo asmens kitos šalies (lizingo gavėjo) nurodytą daiktą ir perduoti jį lizingo gavėjui valdyti ir naudoti verslo tikslais už užmokestį su sąlyga, kad sumokėjus visą lizingo sutartyje numatytą kainą daiktas pereis lizingo gavėjui nuosavybės teise, jeigu sutartis nenumato ko kita. Šio skyriaus normos mutatis mutandis taikomos ir tais atvejais, kai lizingo davėjas yra nuomojamo turto savininkas.

2. Lizingo davėjas pardavėją ir daiktą renkasi pagal lizingo gavėjo nurodymus ir neatsako už pardavėjo ir lizingo dalyko parinkimą, jeigu lizingo sutartis nenumato ko kita.

3. Lizingo davėjas pagal sutartį gali būti bankas arba kitas pelno siekiantis juridinis asmuo.

6.568 straipsnis. Lizingo sutarties dalykas 1. Lizingo sutarties dalyku gali būti bet kokie nesunaudojamieji kilnojamieji ir

nekilnojamieji daiktai, išskyrus žemę ir gamtos išteklius. 2. Lizingo davėjas gali perleisti tretiesiems asmenims visas ar dalį savo teisių, susijusių su

lizingo sutartimi ir jos dalyku. Šis teisių perleidimas neatleidžia lizingo davėjo nuo jo prievolių, kurių įvykdymo terminas iki prievolių perdavimo tretiesiems asmenims buvo suėjęs, pagal lizingo sutartį ir nekeičia lizingo sutarties esmės.

3. Lizingo gavėjas gali perleisti teisę naudotis lizingo sutarties dalyku ar kitokią iš lizingo sutarties atsirandančią teisę tik gavęs išankstinį rašytinį lizingo davėjo sutikimą.

4. Lizingo davėjas neturi teisės be lizingo gavėjo rašytinio sutikimo įkeisti lizingo dalyką, jeigu lizingo sutartis nenumato ko kita.

6.569 straipsnis. Lizingo davėjo pareiga pranešti apie lizingo sutartį Lizingo davėjas, pirkdamas daiktą lizingui, privalo pranešti pardavėjui, kad daiktą perka

turėdamas tikslą perduoti jį lizingo sąlygomis konkrečiam lizingo gavėjui.

6.570 straipsnis. Lizingo dalyko perdavimas 1. Jeigu ko kita nenumato lizingo sutartis, daiktą, kuris yra lizingo sutarties dalykas,

pardavėjas perduoda tiesiogiai lizingo gavėjui šio verslo vietoje. 2. Kai daiktas (lizingo sutarties dalykas) neperduodamas lizingo gavėjui per sutartyje

nustatytą terminą, o jei terminas nenustatytas – per protingą terminą, lizingo gavėjas turi teisę nutraukti lizingo sutartį ir reikalauti atlyginti nuostolius, jeigu daiktas laiku neperduotas dėl aplinkybių, už kurias atsako lizingo davėjas.

3. Lizingo gavėjas turi teisę sustabdyti periodinių įmokų mokėjimą tol, kol lizingo davėjas tinkamai įvykdo savo prievolę perduoti daiktą.

6.571 straipsnis. Daikto atsitiktinio žuvimo ar sugedimo rizika 1. Daikto (lizingo sutarties dalyko) atsitiktinio žuvimo ar sugedimo rizika pereina lizingo

gavėjui nuo daikto perdavimo jam, jeigu lizingo sutartis nenustato ko kita. 2. Lizingo gavėjui tenka visos daikto išlaikymo ir remonto išlaidos. 3. Jeigu ko kita nenustato lizingo sutartis, tai lizingo davėjas neatsako lizingo gavėjui už

sutarties dalyko trūkumus, išskyrus atvejus, kai lizingo gavėjas pasikliovė lizingo davėjo patyrimu ir žiniomis, taip pat kai lizingo davėjas darė įtakos lizingo gavėjui, kai šis rinkosi pardavėją ir sutarties dalyką.

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4. Lizingo gavėjas privalo daiktu naudotis ir jį išlaikyti rūpestingai ir atidžiai, palaikyti jį tokios būklės, kokios jam buvo perduotas, atsižvelgiant į normalų nusidėvėjimą bei sutartyje aptartus galimus jo pakeitimus.

5. Jeigu lizingo gavėjas pažeidžia šio straipsnio 4 dalyje numatytą pareigą, lizingo davėjas turi teisę reikalauti sumokėti visą sutarties kainą iš karto arba nutraukti sutartį ir atlyginti nuostolius.

6.572 straipsnis. Lizingo sutarties įtaka tretiesiems asmenims 1. Lizingo davėjas savo nuosavybės teisę į lizingo sutarties dalyką, kuris nėra

registruojamas daiktas, gali panaudoti prieš trečiuosius asmenis tik tuo atveju, jeigu lizingo sutartis buvo įregistruota įstatymų nustatyta tvarka.

2. Lizingo gavėjo bankroto atveju lizingo davėjas gali panaudoti savo teises prieš lizingo gavėjo kreditorius ir administratorių tik tuo atveju, jeigu lizingo sutartis buvo įstatymų nustatyta tvarka įregistruota.

3. Lizingo sutarčiai, kurios dalykas yra nekilnojamasis daiktas, mutatis mutandis taikomos šio kodekso 6.478 straipsnio 2 dalyje numatytos taisyklės.

4. Už trečiųjų asmenų patirtą žalą dėl lizingo sutarties dalyko naudojimo atsako lizingo gavėjas.

6.573 straipsnis. Pardavėjo atsakomybė 1. Lizingo gavėjas turi teisę pareikšti tiesiogiai pardavėjui visus reikalavimus,

atsirandančius iš lizingo dalyko pirkimo–pardavimo sutarties (dėl turto kokybės ir komplektiškumo, perdavimo terminų ir kt.). Lizingo gavėjas turi visas šioje knygoje numatytas pirkėjo teises ir pareigas, išskyrus pareigą sumokėti už įsigytą turtą, taip, kaip jis jas turėtų, jeigu būtų pirkimo–pardavimo sutarties šalis. Tačiau lizingo gavėjas neturi teisės nutraukti pirkimo– pardavimo sutarties be lizingo davėjo sutikimo.

2. Lizingo davėjas ir lizingo gavėjas turi pardavėjui solidariosios prievolės kreditorių teises ir pareigas.

3. Jeigu ko kita nenumato lizingo sutartis, lizingo davėjas neatsako lizingo gavėjui už tai, kad pardavėjas netinkamai vykdo savo prievoles, išskyrus atvejus, kai pasirinkti pardavėją buvo lizingo davėjo pareiga. Jeigu pardavėją turėjo pasirinkti lizingo davėjas ir pardavėjas pažeidžia pirkimo–pardavimo sutartį, tai lizingo gavėjas turi teisę savo pasirinkimu pareikšti iš šios sutarties atsirandančius savo reikalavimus tiek pardavėjui, tiek lizingo davėjui. Tokiu atveju pardavėjas ir lizingo davėjas lizingo gavėjui atsako solidariai.

6.574 straipsnis. Lizingo sutarties nutraukimas Kai lizingo gavėjas iš esmės pažeidžia sutartį, lizingo davėjas turi raštu pareikalauti, kad

per protingą terminą lizingo gavėjas šį pažeidimą pašalintų, jeigu atsižvelgiant į konkrečias aplinkybes tai yra įmanoma. Jeigu lizingo gavėjas to nepadaro, lizingo davėjas turi teisę reikalauti sumokėti periodines įmokas prieš terminą arba nutraukti lizingo sutartį. Kai lizingo sutartis nutraukta, lizingo davėjas turi teisę reikalauti grąžinti jam sutarties dalyką bei išieškoti iš lizingo gavėjo tokio dydžio nuostolius, kad jie lizingo davėją grąžintų į tokią padėtį, kokia būtų buvusi, jeigu lizingo gavėjas būtų tinkamai įvykdęs sutartį.

XXXI SKYRIUS GYVENAMOSIOS PATALPOS NUOMA

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

6.575 straipsnis. Taikymo sritis Šio skyriaus normos nustato gyvenamųjų patalpų nuomos sutarčių sudarymo, vykdymo ir

pasibaigimo tvarką, kai šios patalpos priklauso: 1) fiziniams asmenims; 2) valstybei ar savivaldybėms; 3) juridiniams asmenims.

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6.576 straipsnis. Gyvenamosios patalpos nuomos sutarties samprata Gyvenamosios patalpos nuomos sutartimi nuomotojas įsipareigoja suteikti už mokestį

gyvenamąją patalpą nuomininkui laikinai valdyti ir naudoti ją gyvenimui, o nuomininkas įsipareigoja naudotis šia patalpa pagal paskirtį ir mokėti nuomos mokestį.

6.577 straipsnis. Sutarties sudarymo pagrindai 1. Valstybės ar savivaldybių gyvenamųjų patalpų nuomos sutartys sudaromos remiantis

valstybės ar savivaldybės institucijos sprendimu. Įmonių, įstaigų ar organizacijų savo darbuotojams nuomojamų gyvenamųjų patalpų nuomos sutartys sudaromos kolektyvinėje sutartyje, o jeigu tokia sutartis nesudaroma, – administracijos ir darbuotojų susitarimu numatytais pagrindais ir tvarka.

2. Įmonių, įstaigų ar organizacijų ir fizinių asmenų komercinėmis sąlygomis (siekiant pelno) nuomojamų gyvenamųjų patalpų nuomos sutartys sudaromos šalių susitarimu.

6.578 straipsnis. Sutarties šalys 1. Gyvenamosios patalpos nuomos sutarties šalys yra nuomotojas ir nuomininkas. 2. Nuomotojas yra gyvenamųjų patalpų savininkas ar asmuo, jas valdantis kitu teisiniu

pagrindu. Nuomotoju gali būti gyvenamųjų patalpų nuomininkas, kuris įstatymų nustatyta tvarka sudaro subnuomos sutartį.

3. Nuomininkas yra fizinis asmuo, kuris savo vardu ir dėl savo, savo šeimos bei buvusių šeimos narių interesų sudaro gyvenamosios patalpos nuomos sutartį. Jeigu gyvenamojoje patalpoje liko nepilnametis, neturintis tėvų arba negalintis gyventi kartu su jais, gyvenamųjų patalpų nuomos sutartį jo vardu gali sudaryti įstatymų įgaliotas asmuo.

4. Nuomotojas neturi teisės atsisakyti sudaryti gyvenamosios patalpos nuomos sutartį su asmeniu, ją pratęsti arba nustatyti labiau nuomininką suvaržiančias sąlygas vien todėl, kad tas asmuo yra nėščia moteris arba tas asmuo turi nepilnamečių vaikų, išskyrus atvejus, kai tokį atsisakymą pateisina gyvenamosios patalpos dydis arba jos areštas (šio kodekso 6.587 straipsnio 2 dalis).

5. Juridiniams asmenims gyvenamoji patalpa gali būti suteikta valdymui ir (arba) naudojimui nuomos ar kitokios sutarties pagrindu. Tokią gyvenamąją patalpą juridinis asmuo gali naudoti tik fiziniams asmenims apgyvendinti.

6.579 straipsnis. Sutarties forma 1. Gyvenamosios patalpos nuomos sutartis, kai nuomotojas yra valstybė, savivaldybė ar

juridinis asmuo, turi būti sudaroma raštu. Ją pasirašo įgaliotas pareigūnas ir nuomininkas. 2. Nuomos sutartys tarp fizinių asmenų gali būti sudaromos žodžiu. 3. Terminuota gyvenamosios patalpos nuomos sutartis, nepaisant, kas yra jos šalis, turi

būti sudaroma raštu. 4. Gyvenamosios patalpos nuomos sutartis gali būti panaudota prieš trečiuosius asmenis

tik įregistravus ją įstatymų nustatyta tvarka viešame registre.

6.580 straipsnis. Sutarties turinys 1. Sutartyje turi būti nurodytas išnuomojamų patalpų adresas, kambarių ir kitokių patalpų

skaičius, plotas, patalpose esanti inžinerinė (techninė) įranga, priklausiniai ir naudojimosi bendro naudojimo patalpomis sąlygos, nuomos mokesčio dydis ir šio mokesčio mokėjimo terminai, atsiskaitymų už komunalinius patarnavimus tvarka.

2. Gyvenamosios patalpos nuomos sutartyje gali būti numatomos ir kitos sąlygos. 3. Nuomotojas privalo gyvenamosios patalpos nuomos sutarties sudarymo metu perduoti

nuomininkui gyvenamojo namo savininkų bendrijos įstatų kopiją arba kopiją kitokio dokumento, kuriame yra nustatytos bendro naudojimo patalpų priežiūros, naudojimo, išlaikymo ir kitos taisyklės. Šio dokumento kopija yra neatskiriama gyvenamosios patalpos nuomos sutarties dalis. Tačiau nuomininkas neturi teisės reikalauti nutraukti gyvenamosios patalpos nuomos sutartį vien tuo pagrindu, kad nuomotojas jam neperdavė šio dokumento kopijos.

4. Negalioja gyvenamosios patalpos nuomos sutarties sąlygos, kurios: 1) nustato nuomininko civilinę atsakomybę be kaltės;

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2) suteikia teisę nuomotojui vienašališkai keisti nuomos sutarties sąlygas; 3) daro nuomininko teises priklausomas nuo jo šeimos narių skaičiaus, išskyrus atvejus,

kai nuomininko teisių pasikeitimas šiuo atveju yra pateisinamas gyvenamosios patalpos dydžiu; 4) riboja nuomininko teisę pirkti daiktus ar gauti paslaugas iš asmenų, kuriuos

nuomininkas nori pasirinkti savo nuožiūra; 5) suteikia nuomotojui teisę reikalauti iš nuomininko sumokėti iš karto nuomos mokestį už

visą nuomos terminą, jeigu nuomininkas nesumoka nuomos mokesčio už vieną periodą; 6) suteikia nuomotojui teisę vienašališkai įvertinti gyvenamosios patalpos būklę ir

konstatuoti, kad ji tinkama gyventi; 7) nustato didesnę nuomininko civilinę atsakomybę, nei faktiškai yra nuomotojui

padarytos žalos dydis.

6.581 straipsnis. Sutarties dalykas Gyvenamųjų patalpų nuomos sutarties dalyku gali būti tik tinkamas gyventi gyvenamasis

namas ar jo dalis, atskiras butas arba izoliuota gyvenamoji patalpa iš vieno ar kelių kambarių ir su ja susijusių pagalbinių patalpų. Savarankiškos nuomos sutarties dalyku negali būti kambario dalis arba kambarys, susijęs su kitu kambariu bendru įėjimu (pereinamieji kambariai), taip pat pagalbinės patalpos (virtuvės, koridoriai, sandėliukai ir pan.). Butuose, kurie nuomojami pagal atskiras nuomos sutartis keliems nuomininkams, tokios pagalbinės patalpos gali būti išnuomojamos bendram naudojimui.

6.582 straipsnis. Sutarties terminas 1. Gyvenamosios patalpos nuomos sutartis gali būti neterminuota arba terminuota. 2. Rašytinė nuomos sutartis laikoma sudaryta, kai šalys ją pasirašo, o žodinė – nuo šalių

susitarimo dėl sutarties sąlygų arba leidimo apsigyventi gyvenamojoje patalpoje dienos. 3. Terminuota sutartis, kurios terminas apibrėžtas tam tikru įvykiu, tampa neterminuota,

jei tas įvykis neįvyksta. Kai įvykio data nukeliama vėlesniam laikui, nustatytas sutarties terminas perkeliamas.

4. Šalys gali atnaujinti gyvenamosios patalpos terminuotą nuomos sutartį sudarydamos naują terminuotą arba neterminuotą nuomos sutartį.

6.583 straipsnis. Gyvenamosios patalpos nuomos mokestis 1. Už gyvenamosios patalpos nuomą nuomininkas moka nuomos mokestį (buto

nuompinigius). 2. Gyvenamosios patalpos nuomos mokestį nuomininkas turi sumokėti kas mėnesį, ne

vėliau kaip iki kito, po išgyventojo, mėnesio dvidešimtos kalendorinės dienos, jeigu šalių susitarimu nenustatytas kitas terminas. Valstybės ir savivaldybių gyvenamųjų patalpų nuomos mokestis apskaičiuojamas Vyriausybės nustatyta tvarka.

3. Įmonių, įstaigų ir organizacijų savo darbuotojams nuomojamų gyvenamųjų patalpų nuomos mokestis nustatomas kolektyvinėje sutartyje, o organizacijoje, kurioje tokia sutartis nesudaroma, – administracijos ir darbuotojų susitarimu, tačiau maksimalus nuomos mokesčio dydis negali būti didesnis už Vyriausybės nustatyta tvarka patvirtintą maksimalų nuomos mokestį.

4. Įmonių, įstaigų, organizacijų ir fizinių asmenų komercinėmis sąlygomis išnuomojamų gyvenamųjų patalpų nuomos mokesčio dydis nustatomas šalių susitarimu, tačiau maksimalus nuomos mokesčio dydis negali būti didesnis už Vyriausybės nustatyta tvarka patvirtintą maksimalų nuomos mokestį.

5. Nuomotojas neturi teisės reikalauti mokėti nuomos mokestį iš anksto, išskyrus nuomos mokestį už pirmąjį nuomos mėnesį.

6. Gyvenamosios patalpos nuomos sutartyje gali būti numatyta, kad šalių susitarimu nuomos mokestis gali būti perskaičiuojamas, bet ne daugiau kaip vieną kartą per metus. Nuomos sutarties sąlygos, suteikiančios teisę nuomotojui vienašališkai perskaičiuoti nuomos mokestį arba reikalauti jo perskaičiavimo nepraėjus dvylikai mėnesių po nuomos sutarties sudarymo ar daugiau kaip vieną kartą per metus, negalioja.

7. Kilus tarp šalių ginčui, nuomininkas turi teisę nuomos mokestį sumokėti į depozitinę sąskaitą šio kodekso 6.56 straipsnio nustatyta tvarka.

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6.584 straipsnis. Mokestis už vandenį, energiją ir komunalines paslaugas 1. Mokestis už šaltą ir karštą vandenį, elektros energiją, dujas, šiluminę energiją ir

komunalines paslaugas (šiukšlių išvežimą, liftą, bendro naudojimo patalpų ir teritorijos valymą ir kitas), kai nuomojamos valstybės ar savivaldybių gyvenamosios patalpos, imamas atskirai nuo buto nuompinigių. Mokestis už šaltą ir karštą vandenį, elektros energiją, dujas, šiluminę energiją ir komunalines paslaugas mokamas Vyriausybės nustatyta tvarka iki šio kodekso 6.583 straipsnio 2 dalyje nustatyto termino.

2. Mokesčio už komunalines paslaugas dydžiai ir jų mokėjimo terminai bei tvarka, kai juridiniai asmenys nuomoja gyvenamąsias patalpas savo darbuotojams, nustatomi kolektyvine sutartimi, o jeigu organizacijose tokia sutartis nesudaroma, – administracijos ir darbuotojų susitarimu.

3. Jeigu juridiniai ir fiziniai asmenys gyvenamąsias patalpas išnuomoja komercinėmis sąlygomis, mokesčio už šaltą ir karštą vandenį, elektros energiją, dujas, šiluminę energiją ir komunalines paslaugas klausimai nustatomi šalių susitarimu.

6.585 straipsnis. Gyvenamosios patalpos nuomos sutarties galiojimas pasikeitus gyvenamosios patalpos savininkui

Gyvenamosios patalpos nuosavybės teisei perėjus iš nuomotojo kitam asmeniui, gyvenamosios patalpos nuomos sutartis lieka galioti naujam savininkui, jeigu gyvenamosios patalpos nuomos sutartis buvo įregistruota viešame registre įstatymų nustatyta tvarka.

6.586 straipsnis. Sutarties pripažinimo negaliojančia pagrindai 1. Gyvenamosios patalpos nuomos sutartis gali būti pripažinta negaliojančia šio kodekso

nustatytais sandorių negaliojimo pagrindais, tarp jų: jeigu nuomininkui pateiktos tikrovės neatitinkantys duomenys apie nuomotojo teisę į gyvenamąsias patalpas; jeigu nuomos sutartimi pažeistos kitų asmenų pagrįstos teisės į šią gyvenamąją patalpą; jeigu pareigūnų veiksmai, susiję su gyvenamosios patalpos sutarties sudarymu, buvo neteisėti.

2. Gyvenamosios patalpos nuomos sutartis negali būti pripažinta negaliojančia nuomotojo reikalavimu, jei jis sudarydamas sutartį su asmeniu, kuris buvo tokios būsenos, kai negalėjo suprasti savo veiksmų reikšmės ir jų valdyti, ar su neveiksniu nuomininku, tai žinojo.

3. Gyvenamosios patalpos nuomos sutartį pripažinus negaliojančia, nuomininkas ir visi su juo gyvenantys asmenys iškeldinami ir kita gyvenamoji patalpa jiems nesuteikiama, išskyrus šio straipsnio 4 dalyje numatytą atvejį.

4. Valstybės ar savivaldybės gyvenamosios patalpos nuomos sutartį pripažinus negaliojančia dėl to, kad pažeistos kitų asmenų pagrįstos teisės į šią gyvenamąją patalpą, bet nuomininkas nežinojo ir negalėjo to žinoti, nuomininkas ir visi su juo gyvenantys asmenys iškeldinami suteikiant kitą gyvenamąją patalpą. Kitais atvejais nuomininkas turi teisę tik į jo patirtų nuostolių atlyginimą.

5. Gyvenamosios patalpos nuomos sutartis gali būti pripažinta negaliojančia per trejų metų ieškinio senaties terminą. Šis terminas skaičiuojamas nuo sutarties sudarymo dienos.

6.587 straipsnis. Gyvenamosios patalpos nuomotojo pareigos 1. Gyvenamosios patalpos nuomotojas privalo perduoti nuomininkui laisvą, tinkamą

gyventi gyvenamąją patalpą, nurodytą sutartyje. Patalpa laikoma netinkama gyventi, jeigu yra tokios būklės, kad gyvenimas joje keltų grėsmę nuomininko ar jo šeimos narių sveikatai ar saugumui, ar visuomenės saugumui ir sveikatai.

2. Nuomotojas neturi teisės atsisakyti sudaryti gyvenamosios patalpos nuomos sutartį arba ją pratęsti ar nustatyti sunkesnes nuomos sąlygas vien tuo pagrindu, kad nuomininkė ar jos šeimos narė yra nėščia arba nuomininkas ar jo šeimos narys turi vaikų, išskyrus atvejus, kai nuomotojas negali išnuomoti gyvenamosios patalpos dėl jos arešto ar dydžio (šio kodekso 6.578 straipsnio 4 dalis).

3. Gyvenamosios patalpos nuomos sutarties sąlygos, panaikinančios arba apribojančios nuomotojo atsakomybę nuomininkui arba nustatančios nuomininko atsakomybę be kaltės, negalioja.

4. Gyvenamosios patalpos nuomos sutarties sąlygos, suteikiančios teisę nuomotojui vienašališkai pakeisti nuomos sutarties sąlygas dėl nuomininko šeimos narių skaičiaus padidėjimo

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arba ribojančios nuomininko teisę pirkti turtą ar paslaugas iš nuomininko pasirinktų asmenų, negalioja.

5. Gyvenamosios patalpos nuomos sutarties sąlygos, nustatančios nuomininkui netesybas, viršijančias nuomotojui padarytų realių nuostolių dydį, arba suteikiančios teisę nuomotojui reikalauti sumokėti nuomos mokestį už visą nuomos terminą, jei nuomininkas laiku nesumoka nuomos mokesčio, negalioja.

6. Nuomotojas privalo užtikrinti tinkamą gyvenamojo namo, kuriame yra išnuomota gyvenamoji patalpa, naudojimą, teikti nuomininkui už mokestį sutartyje numatytas būtinas komunalines paslaugas arba užtikrinti jų teikimą, užtikrinti daugiabučio namo bendro turto ir komunalinių paslaugų teikimo įrangos, esančios name, remontą.

6.588 straipsnis. Nuomininko šeimos nariai 1. Nuomininko šeimos nariai yra kartu gyvenantys sutuoktinis (sugyventinis) jų

nepilnamečiai vaikai, nuomininko ir jo sutuoktinio tėvai. 2. Pilnamečiai vaikai, jų sutuoktiniai (sugyventiniai) ir nuomininko vaikaičiai priskiriami

prie šeimos narių, jei jie su nuomininku turi bendrą ūkį. 3. Globėjai ir globotiniai, apsigyvenę globėjo arba globotinio gyvenamojoje patalpoje,

neįgyja globėjo ar globotinio šeimos narių teisių. Jeigu globai pasibaigus jie toliau kartu gyvena ir bendrai tvarko namų ūkį, tai bet kurio iš jų reikalavimu šeimos nariu gali būti pripažinti teismo tvarka.

4. Artimieji giminaičiai, kiti išlaikytiniai, kartu su nuomininku, jo šeimos nariais ar vienu iš jų išgyvenę ne mažiau kaip vienerius metus ir su jais bendrai tvarkę namų ūkį, teismo tvarka gali būti pripažinti nuomininko šeimos nariais.

5. Tėvai, pilnamečiai vaikai ir jų sutuoktiniai (sugyventiniai), apsigyvendami nuomojamoje patalpoje, įgyja šeimos narių teises, jei jie su nuomininku turi bendrą ūkį ir jei nuomininkas bei jo šeimos nariai su tuo sutinka.

6. Už nuomininko šeimos narių veiksmus, pažeidžiančius nuomos sutartį, nuomotojui atsako nuomininkas ir pilnamečiai jo šeimos nariai.

7. Gyvenamojoje patalpoje gyventi asmenų turi tiek, kad kiekvienas jų galėtų turėti normalias sanitarines sąlygas ir naudotis normaliais patogumais.

6.589 straipsnis. Nuomininko šeimos narių teisės ir pareigos 1. Gyvenamosios patalpos nuomininko šeimos nariai turi tokias pat teises ir pareigas,

atsirandančias iš gyvenamosios patalpos nuomos sutarties, kaip ir nuomininkas. 2. Fiziniai asmenys, nustoję būti nuomininko šeimos nariais, bet toliau gyvenantys

nuomojamoje patalpoje, turi tokias pat teises ir pareigas kaip ir nuomininkas bei jo šeimos nariai.

6.590 straipsnis. Šeimos narių teisė apsigyventi nuomojamoje patalpoje 1. Pagal nuomos sutartį gyvenamojoje patalpoje turi teisę apsigyventi tie nuomininko

šeimos nariai ir buvę šeimos nariai, kurie yra įvardyti sutartyje. Jei šie asmenys per šešis mėnesius nuo sutarties sudarymo gyvenamojoje patalpoje neapsigyvena, teisę apsigyventi joje praranda. Laikinai išvykusiems šis terminas pradedamas skaičiuoti nuo šio kodekso 6.591 straipsnyje nustatyto laiko pasibaigimo, o jei šie asmenys sugrįžo anksčiau, – nuo jų sugrįžimo dienos.

2. Valstybės ar savivaldybės gyvenamosios patalpos nuomininkas ar pilnamečiai jo šeimos nariai kitų pilnamečių šeimos narių sutikimu nuomojamoje gyvenamojoje patalpoje turi teisę apgyvendinti sutuoktinį (sugyventinį), vaikus, savo ir sutuoktinio tėvus. Nepilnamečiams vaikams apgyvendinti pas jų tėvus šio sutikimo nereikia. Įmonių, įstaigų, organizacijų ir fizinių asmenų gyvenamųjų patalpų, išnuomojamų komercinėmis sąlygomis, nuomininkas apgyvendinti šioje dalyje nurodytus asmenis turi teisę tik nuomotojo leidimu. Tokio leidimo nereikia apgyvendinti nuomininko ar jo šeimos nario sutuoktiniui (sugyventiniui) ir nepilnamečiams jų vaikams. Gyvenamosios patalpos nuomos sutartyje gali būti numatomos ir kitos šeimos narių apgyvendinimo sąlygos.

3. Apgyvendintas šeimos narys įgyja lygias su kitais nuomininko šeimos nariais ir buvusiais šeimos nariais teises į nuomojamą gyvenamąją patalpą ir pareigas, jei apsigyvendamas nebuvo susitaręs kitaip.

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6.591 straipsnis. Teisės naudotis valstybės ir savivaldybės gyvenamąja patalpa palikimas laikinai išvykusiesiems

1. Laikinai išvykusiems nuomininkui, jo šeimos nariui ar buvusiam šeimos nariui, teisė į valstybės ar savivaldybės gyvenamąją patalpą paliekama šešiems mėnesiams su sąlyga, jeigu bus mokamas nuomos mokestis ir mokestis už komunalines paslaugas.

2. Laikinai išvykusiems nuomininkui, jo šeimos nariui ar buvusiam šeimos nariui, teisė į valstybės ar savivaldybės gyvenamąją patalpą paliekama visam išvykimo laikui šiais atvejais:

1) išvykusiems gydytis – visą gydymosi laiką; 2) išvykusiems mokytis – visą mokymosi, studijų laiką; 3) išvykusiems į ilgalaikę komandiruotę į užsienį – visą komandiruotės laiką; 4) išvykusiems eiti globėjo ar rūpintojo pareigų – visą šių pareigų ėjimo laiką; 5) vaikams, atiduotiems į auklėjimo įstaigą, giminaičiams, globėjui ar rūpintojui, – visą

vaikų ten buvimo laiką; 6) pašauktiems į privalomąją karo tarnybą ar tarnaujantiems tarptautinių operacijų

kariniame vienete – įstatymų nustatytą tarnybos laiką; 7) suimtiems – visą tardymo ir teismo laiką. 3. Pasibaigus šio straipsnio 2 dalyje numatytoms aplinkybėms, laikinai išvykusiam

nuomininkui, jo šeimos nariui ar buvusiam šeimos nariui teisė į nuomojamą gyvenamąją patalpą išlieka dar šešis mėnesius.

4. Pasibaigus šio straipsnio 3 dalyje nurodytam terminui, laikinai išvykęs nuomininkas, jo šeimos narys ar buvęs šeimos narys praranda teisę į nuomojamą gyvenamąją patalpą.

5. Jei laikinai išvykusįjį, kuris grįžo po nustatyto termino, pasilikę nuomininkas, pilnamečiai šeimos nariai ir buvę šeimos nariai priima gyventi nuomojamoje patalpoje, jo prarasta teisė į nuomojamą gyvenamąją patalpą laikoma atnaujinta.

6. Laikinai išvykusiojo reikalavimu teismas gali pripažinti jam teises į nuomojamą gyvenamąją patalpą, jei bus nustatyta, kad šiame straipsnyje nustatytą laiką jis praleido dėl svarbių priežasčių.

7. Laikinai išvykusio fizinio asmens teisė į gyvenamąją patalpą pasibaigia pirma šiame straipsnyje nustatyto laiko, kai nutrūksta gyvenamųjų patalpų nuomos sutartis, jei sutartyje nenustatyta kitaip.

6.592 straipsnis. Valstybės ar savivaldybės gyvenamosios patalpos, iš kurios laikinai išvyko nuomininkas, jo šeimos narys ar buvęs šeimos narys, naudojimo tvarka

Laikinai išvykusio valstybės ar savivaldybės gyvenamosios patalpos nuomininko, jo šeimos nario ar buvusio šeimos nario patalpa turi teisę naudotis pasilikę šeimos nariai ir buvę šeimos nariai. Jei nuomininko, jo šeimos narių ar buvusių šeimos narių nelieka, tai išvykstąs nuomininkas gyvenamąją patalpą gali išnuomoti pagal subnuomos sutartį arba joje gali būti apgyvendinti laikini gyventojai. Laikinai išvykusiajam sugrįžus, subnuomininkas ar laikinasis gyventojas turi tuoj pat patuštinti gyvenamąją patalpą, o asmenys, nepatuštinę gyvenamosios patalpos, be jokio išankstinio įspėjimo iškeldinami ir kita gyvenamoji patalpa jiems nesuteikiama.

6.593 straipsnis. Valstybės ar savivaldybės gyvenamosios patalpos rezervavimas Jeigu nuomininkas, jo šeimos narys ar visi nuomininko šeimos nariai išvyksta į kitą

vietovę ar užsienį ilgiau kaip šešiems mėnesiams, jo nuomojama valstybės ar savivaldybės gyvenamoji patalpa gali būti rezervuojama. Gyvenamoji patalpa rezervuojama su sąlyga, jeigu bus mokamas nuomos mokestis ir mokestis už komunalines paslaugas. Sprendimą rezervuoti priima atitinkama valstybės ar savivaldybės institucija. Atsisakymas rezervuoti gali būti ginčijamas teismo tvarka. Gyvenamosios patalpos rezervavimas įforminamas rašytine atitinkamos valstybės ar savivaldos institucijos ir išvykstančiųjų sutartimi, jeigu pasiliekantys šeimos nariai sutinka. Savo sutikimą pasiliekantieji duoda pasirašydami rezervavimo sutartyje. Atsisakymas duoti sutikimą gali būti ginčijamas teismo tvarka.

6.594 straipsnis. Naudojimasis rezervuota valstybės ar savivaldybės gyvenamąja patalpa

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1. Jeigu išvyksta ne visi šeimos nariai, rezervuota valstybės ar savivaldybės gyvenamąja patalpa naudojasi pasilikusieji. Jeigu išvyksta nuomininkas ir visi jo šeimos nariai, nuomininkas turi teisę palikti gyvenamąją patalpą naudotis pagal subnuomos sutartį kitiems asmenims arba apgyvendinti joje laikinus gyventojus. Rezervavimo sutartyje gali būti numatoma, jog valstybė ar savivaldybė išnuomos gyvenamąją patalpą pagal terminuotą nuomos sutartį.

2. Sugrįžus rezervuotos gyvenamosios patalpos nuomininkui ar jo šeimos nariui, jų reikalavimu asmenys, apgyvendinti toje gyvenamojoje patalpoje, turi tuoj pat ją patuštinti, nepaisant rezervavimo termino pasibaigimo.

3. Asmenys, nepatuštinę rezervuotos gyvenamosios patalpos, be jokio išankstinio įspėjimo iškeldinami ir kita gyvenamoji patalpa jiems nesuteikiama.

6.595 straipsnis. Gyvenamosios patalpos subnuoma 1. Gyvenamosios patalpos nuomininkas, gavęs kartu su juo gyvenančių šeimos narių ir

nuomotojo rašytinį sutikimą, turi teisę gyvenamąją patalpą subnuomoti. Gyvenamosios patalpos subnuomos sutartis gali būti sudaroma ir žodžiu, ir raštu, ir terminuotam, ir neterminuotam laikui, tačiau subnuomos sutarties terminas negali būti ilgesnis už nuomos sutarties terminą.

2. Gyvenamosios patalpos subnuomos mokestis nustatomas šalių susitarimu. 3. Pasibaigus subnuomos terminui, subnuomininkas neturi pirmumo teisės atnaujinti

sutartį ir nuomininko reikalavimu turi patuštinti pagal nuomos sutartį turėtą patalpą. Jeigu subnuomos sutartis sudaryta nenurodant termino, nuomininkas privalo prieš tris mėnesius įspėti subnuomininką apie subnuomos sutarties nutraukimą. Jeigu subnuomininkas atsisako patuštinti gyvenamąją patalpą, jis turi būti teismo tvarka iškeldintas ir kita gyvenamoji patalpa jam nesuteikiama.

4. Sudarius subnuomos sutartį, atsakingu pagal nuomos sutartį nuomotojui ir toliau lieka nuomininkas.

6.596 straipsnis. Laikini gyventojai 1. Nuomininkas ir jo šeimos nariai, tarpusavyje susitarę ir iš anksto pranešę nuomotojui,

gali leisti gyvenamojoje patalpoje, kuria jie naudojasi, laikinai gyventi kitiems asmenims (laikiniems gyventojams), nesudarydami su jais subnuomos sutarties ir neimdami mokesčio už naudojimąsi patalpa. Laikini gyventojai nuomininko arba jo šeimos narių reikalavimu privalo tuojau išsikelti iš patalpos. Jeigu jie atsisako išsikelti iš patalpos, nuomininkas ir jo šeimos nariai turi teisę reikalauti per teismą iškeldinti laikinus gyventojus nesuteikiant kitos gyvenamosios patalpos.

2. Už laikinų gyventojų veiksmus nuomotojui atsako nuomininkas. 3. Nuomotojas turi teisę neleisti apgyvendinti laikinų gyventojų, jeigu jų apgyvendinimas

pažeistų sanitarinius higienos reikalavimus ar keltų grėsmę aplinkinių sveikatai ir saugumui arba pažeistų nuomotojo teisėtus interesus.

6.597 straipsnis. Subnuomininkų ir laikinų gyventojų iškeldinimas pasibaigus gyvenamosios patalpos nuomos sutarčiai

1. Pasibaigus gyvenamosios patalpos nuomos sutarčiai, kartu pasibaigia ir subnuomos sutartis. Subnuomininkas, taip pat laikini gyventojai, atsisakę išsikelti iš patalpos, iškeldinami per teismą ir kita gyvenamoji patalpa jiems nesuteikiama.

2. Subnuomos sutarčiai netaikomos taisyklės, nustatančios nuomininko pirmenybės teisę pratęsti nuomos sutartį naujam terminui.

6.598 straipsnis. Sutarties pakeitimas 1. Valstybės ar savivaldybės gyvenamosios patalpos nuomos sutartis gali būti pakeista šio

kodekso 6.599–6.603 straipsniuose numatytais atvejais. Jei nuomininkas, jo šeimos nariai ar buvę šeimos nariai nesutinka keisti nuomos sutarties kolektyvinėje sutartyje ar administracijos ir darbuotojų susitarime numatytais pagrindais, ginčas tarp gyvenamosios patalpos nuomos sutarties šalių sprendžiamas teismo tvarka.

2. Įmonių, įstaigų, organizacijų ir fizinių asmenų komercinėmis sąlygomis nuomojamų gyvenamųjų patalpų nuomos sutartį pakeisti galima tik nuomininkui su nuomotoju susitarus.

3. Pakeitus gyvenamosios patalpos rašytinę nuomos sutartį, sudaroma nauja rašytinė

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sutartis, kurioje nurodomi senosios sutarties pakeitimai. 4. Nuomotojas apie numatomą nuomos sutarties sąlygų pakeitimą privalo raštu pranešti

nuomininkui šio kodekso 6.607 straipsnio 4 dalyje nustatytais terminais ir tvarka.

6.599 straipsnis. Sutarties pakeitimas padalijant butą 1. Pilnametis nuomininko šeimos narys ir buvęs šeimos narys turi teisę sudaryti atskirą

gyvenamosios patalpos nuomos sutartį (padalyti butą), jeigu su tuo sutinka nuomotojas, nuomininkas ir kiti pilnamečiai šeimos nariai. Tokiam šeimos nariui, atsižvelgiant į jam tenkančią gyvenamojo ploto dalį, gali būti išnuomojama atskira izoliuota gyvenamoji patalpa. Tokiu atveju su kiekvienu nuomininku sudaromos atskiros gyvenamųjų patalpų nuomos sutartys. Nuomininkas, pilnamečiai šeimos nariai ar buvę šeimos nariai gali nustatyti nuomojamos gyvenamosios patalpos naudojimosi tvarką ir sąlygas nekeisdami nuomos sutarties.

2. Ginčai, kylantys dėl buto padalijimo, nuomojamos gyvenamosios patalpos naudojimosi tvarkos ir sąlygų nustatymo, sprendžiami teismo tvarka.

6.600 straipsnis. Sutarties pakeitimas, kai viena gyvenamoji patalpa keičiama į kelias 1. Valstybė ar savivaldybė, turėdama galimybių, ir nuomininkui, jo šeimos nariams bei

buvusiems šeimos nariams sutikus, jų nuomojamą gyvenamąją patalpą gali pakeisti į kelias. Šiuo atveju kiekvienam šeimos nariui suteikiama ne daugiau kaip dešimt kvadratinių metrų sutartinio gyvenamosios patalpos ploto, o turėta gyvenamoji patalpa paliekama savivaldybei. Jeigu nuomininkas, pilnamečiai šeimos nariai ar buvę šeimos nariai pageidauja, viena savivaldybės gyvenamosios patalpos nuomos sutartis gali būti pakeista į kelias. Ginčus dėl sutarties pakeitimo, kai viena gyvenamoji patalpa pakeičiama į kelias, sprendžia teismas.

2. Naujas sutartis sudarę nuomininkai ir jų šeimų nariai, iki sutarties pakeitimo neturėję teisės į valstybės paramą, šią teisę gali įgyti praėjus penkeriems metams po sutarties pakeitimo.

6.601 straipsnis. Sutarties pakeitimas nuomininkams susijungus į vieną šeimą 1. Keli pagal atskiras nuomos sutartis nuomojamame bute gyvenantys fiziniai asmenys

(nuomininkai), susijungę į vieną šeimą, gali sudaryti vieną nuomojamą gyvenamųjų patalpų nuomos sutartį (sujungti butus), jeigu jų šeimos nariai ir nuomotojas su tuo sutinka. Sutartis sudaroma su susijungusių į vieną šeimą šeimos narių siūlomu nuomininku.

2. Nuomotojo atsisakymas sudaryti vieną nuomos sutartį gali būti nuginčijamas teismo tvarka.

6.602 straipsnis. Sutarties pakeitimas dėl kito šeimos nario pripažinimo nuomininku 1. Nuomininko ir jo šeimos narių susitarimu pirminis nuomininkas gali būti pakeistas kitu. 2. Nuomininko šeimos narių susitarimu gyvenamosios patalpos nuomos sutartis

pakeičiama nuomininkui mirus, jeigu nuomininko šeimos nariai ir toliau gyvena nuomojamoje gyvenamojoje patalpoje ir per du mėnesius po nuomininko mirties informuoja apie tai nuomotoją.

3. Ginčai, kylantys dėl šeimos nario pripažinimo nuomininku, sprendžiami teismo tvarka.

6.603 straipsnis. Sutarties pakeitimas perdavus patuštintą kambarį 1. Jeigu bute, kurį valstybė ar savivaldybė kaip savininkė nuomoja pagal atskiras nuomos

sutartis keliems nuomininkams, patuštinamas gretimas, neizoliuotas nuo vieno iš nuomininkų gyvenamosios patalpos kambarys, jis šio nuomininko pageidavimu perduodamas jam naudotis.

2. Jeigu patuštinamas izoliuotas kambarys, jis perduodamas naudotis tam nuomininkui, kuris turi mažiausiai bendro naudingojo ploto vienam šeimos nariui, o jeigu šis nuomininkas atsisako – kitam. Jeigu atsisako visi nuomininkai, patuštinta gyvenamoji patalpa išnuomojama kitiems nuomininkams.

3. Perdavus patuštintą kambarį kitam nuomininkui, pakeičiama ir gyvenamosios patalpos nuomos sutartis.

6.604 straipsnis. Gyvenamosios patalpos nuomos sutarties pakeitimas nuomininkui nutraukus darbo santykius

1. Jeigu nuomininkas nutraukia darbo santykius su juridiniu asmeniu, kurio gyvenamąją patalpą jis nuomoja, tai negali būti pagrindas nutraukti gyvenamosios patalpos nuomos sutartį.

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Šiuo atveju juridinis asmuo gyvenamosios patalpos nuomos sutartį gali pakeisti kolektyvinėje sutartyje, o organizacijoje, kurioje tokia sutartis nesudaroma, – administracijos ir darbuotojų susitarimu nustatytais pagrindais ir tvarka. Ginčas tarp juridinio asmens ir nuomininko, jo šeimos narių ar buvusių šeimos narių dėl tokio sutarties pakeitimo sprendžiamas teismo tvarka.

2. Nuomininkui nutraukus darbo santykius su nuomotoju, gyvenamosios patalpos nuomos mokestis nustatomas šio kodekso 6.583 straipsnio 4 dalyje nustatyta tvarka.

6.605 straipsnis. Nuomininko teisė pertvarkyti ir perplanuoti gyvenamąją patalpą 1. Valstybės, savivaldybių, juridinių asmenų gyvenamųjų patalpų nuomininkas ir jo

šeimos nariai gali pertvarkyti ir perplanuoti gyvenamąją patalpą bei pagalbines patalpas tik raštu leidus nuomotojui ir sutikus kartu gyvenantiems pilnamečiams šeimos nariams, taip pat kitiems suinteresuotiems asmenims, kurių teisės ar teisėti interesai gali būti pažeisti pertvarkant ir perplanuojant gyvenamąją patalpą bei pagalbines patalpas. Jei nuomininkas, jo šeimos nariai ar kiti suinteresuoti asmenys nesutaria, ginčas gali būti išspręstas teismo tvarka.

2. Šio straipsnio 1 dalis netaikoma einamajam gyvenamosios patalpos remontui, kurį privalo atlikti nuomininkas, jeigu sutartis nenumato ko kita.

6.606 straipsnis. Nuomininko perkeldinimas jo nuomojamos gyvenamosios patalpos kapitalinio remonto ir rekonstrukcijos laikui

1. Prireikus kapitališkai remontuoti ar rekonstruoti valstybės, savivaldybių įmonių, įstaigų ar organizacijų savo darbuotojams išnuomotas gyvenamąsias patalpas, kurių remontuoti negalima neiškėlus gyventojų, ir jei po remonto gyvenamoji patalpa išlieka, nuomotojas siūlo nuomininkui su šeimos nariais patalpos remonto laikui persikelti į kitą gyvenamąją patalpą. Pasiūlyta gyvenamoji patalpa turi atitikti sanitarinius ir techninius reikalavimus. Jeigu nuomininkas atsisako persikelti į pasiūlytą patalpą, nuomotojas gali reikalauti perkeldinti jį teismo tvarka.

2. Tais atvejais, jei nuomojama gyvenamoji patalpa po kapitalinio remonto ar rekonstrukcijos padidėtų ar sumažėtų, nuomininkas turi teisę pasirinkti, nuomoti tą patalpą ar ne. Jeigu nuomininkas sutinka nuomoti po remonto ar rekonstrukcijos padidėjusią ar sumažėjusią gyvenamąją patalpą, šio straipsnio 1 dalyje nustatyta tvarka jis persikelia arba perkeldinamas remonto ar rekonstrukcijos laikui į kitą gyvenamąją patalpą.

3. Per kapitalinio remonto ar rekonstrukcijos laiką gyvenamosios patalpos nuomos sutartis nenutrūksta, tačiau buto nuompinigius nuomininkas turi teisę mokėti už laikinai suteiktą gyvenamąją patalpą.

4. Į suremontuotą gyvenamąją patalpą nuomininkas turi teisę persikelti pasibaigus kapitaliniam remontui ar rekonstrukcijai. Jei nuomininkas nesutinka nuomoti padidėjusią ar sumažėjusią gyvenamąją patalpą, taip pat kai dėl kapitalinio remonto ar rekonstrukcijos nuomojamoji patalpa neišlieka, nuomininkui suteikiama kita tinkamai įrengta gyvenamoji patalpa. Jeigu nuomininkas atsisako persikelti į suteikiamą kitą tinkamai įrengtą gyvenamąją patalpą, nuomotojas gali jį perkeldinti teismo tvarka.

5. Įmonių, įstaigų, organizacijų ir fizinių asmenų komercinėmis sąlygomis nuomojamų gyvenamųjų patalpų patuštinimo kapitalinio remonto ar rekonstrukcijos laikui bei kiti su tuo susiję klausimai sprendžiami nuomotojo ir nuomininko susitarimu. Visais atvejais apie numatomus remonto darbus, dėl kurių nuomininkas turi būti laikinai perkeldintas, nuomininkui nuomotojas privalo pranešti ne vėliau kaip prieš keturiolika dienų prieš prasidedant darbams. Jeigu nuomotojas neturi galimybių laikinai perkeldinti nuomotojo remonto laikotarpiui, iki perkeldinimo dienos jis privalo išmokėti nuomininkui adekvačią kompensaciją, kuri padengtų nuomininko laikino persikėlimo išlaidas. Šalių susitarimu nuomininko perkeldinimo remonto laikui išlaidos gali būti įskaitytos į būsimą nuomos mokestį.

6.607 straipsnis. Nuomininko pirmenybės teisė pratęsti nuomos sutartį 1. Pasibaigus gyvenamosios patalpos nuomos sutarties terminui, nuomininkas turi

pirmenybės teisę sudaryti gyvenamosios patalpos nuomos sutartį naujam terminui, jeigu jis tinkamai vykdė sutarties sąlygas. Sutartis pratęsiama tokiam pat terminui, o jeigu ankstesnis sutarties terminas buvo ilgesnis nei dvylika mėnesių, tai sutartis pratęsiama dvylikai mėnesių, jeigu šalys nesusitaria kitaip.

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2. Ne vėliau kaip prieš tris mėnesius iki nuomos sutarties pabaigos nuomotojas privalo raštu pranešti nuomininkui apie pasiūlymą sudaryti naują nuomos sutartį tokiomis pat arba kitomis sąlygomis arba apie atsisakymą pratęsti sutartį, jeigu tų patalpų ne trumpiau kaip vienerius metus jis nenumato nuomoti. Jeigu šios pareigos nuomotojas neįvykdo, o nuomininkas neatsisako pratęsti sutartį, nuomos sutartis pripažįstama pratęsta tokiam pat terminui tomis pačiomis sąlygomis.

3. Jeigu atsisakęs pratęsti sutartį nuomotojas nepraėjus vieneriems metams po nuomos sutarties pasibaigimo tą pačią gyvenamąją patalpą išnuomoja kitam asmeniui tokiomis pat sąlygomis, tai nuomininkas turi teisę reikalauti pripažinti tą sutartį negaliojančia ir atlyginti jam atsisakymu pratęsti sutartį padarytus nuostolius. Ši taisyklė netaikoma, jeigu nuomininkas atsisakė pratęsti nuomos sutartį nuomotojo pasiūlytomis sąlygomis ir nesikreipė į teismą dėl sutarties sąlygų patvirtinimo.

4. Pratęsdamas sutartį, nuomotojas turi teisę pakeisti nuomos sutarties sąlygas, taip pat nuomos sutarties terminą ir nuomos mokesčio dydį, jeigu apie tokį sąlygų pakeitimą jis raštu pranešė nuomininkui ne vėliau kaip prieš tris mėnesius iki nuomos sutarties termino pabaigos ir ne anksčiau kaip prieš šešis mėnesius iki nuomos sutarties termino pabaigos. Jeigu nuomos terminas buvo trumpesnis nei dvylika mėnesių, pranešimas turi būti įteiktas nuomininkui ne vėliau kaip prieš vieną mėnesį iki nuomos sutarties termino pabaigos. Pranešime turi būti aiškiai nurodytos naujos nuomos sutarties sąlygos.

5. Jeigu nuomininkas nesutinka su nuomotojo siūlomu nuomos sutarties sąlygų pakeitimu, jis privalo per vieną mėnesį nuo pranešimo gavimo raštu pranešti nuomotojui apie nesutikimą arba apie nuomos sutarties nutraukimą. Jeigu nuomininkas to nepadaro, laikoma, jog jis sutiko su nuomos sutarties pratęsimu naujomis nuomotojo pasiūlytomis sąlygomis.

6. Jeigu nuomininkas nesutinka su nuomotojo pasiūlytu nuomos sutarties sąlygų pakeitimu ir apie tai praneša nuomotojui šio straipsnio 5 dalyje nustatytais terminais ir tvarka, nuomotojas, norintis pratęsti nuomos sutartį naujomis sąlygomis, turi teisę per vieną mėnesį nuo pranešimo iš nuomininko gavimo dienos kreiptis į teismą dėl nuomos sutarties sąlygų nustatymo teismo tvarka. Jeigu nuomotojas to nepadaro, laikoma, kad nuomos sutartis pratęsta ankstesnėmis sąlygomis.

6.608 straipsnis. Keitimasis gyvenamosiomis patalpomis 1. Valstybės ar savivaldybių gyvenamųjų patalpų nuomininkas, gavęs kartu su juo

gyvenančių pilnamečių šeimos narių, įskaitant laikinai išvykusius, rašytinį sutikimą ir nuomotojui sutikus, gali keistis nuomojama gyvenamąja patalpa su kitu valstybės ar savivaldybių gyvenamųjų patalpų nuomininku.

2. Valstybės ar savivaldybės atsisakymas sutikti, kad būtų keičiamasi gyvenamosiomis patalpomis, gali būti ginčijamas teismo tvarka.

3. Keitimasis gyvenamosiomis patalpomis įforminamas naujomis nuomos sutartimis. Keitimosi sutartis įsigalioja nuo naujos gyvenamosios patalpos nuomos sutarties sudarymo paskutinės dienos, o jeigu ginčą sprendė teismas, – nuo teismo sprendimo įsiteisėjimo dienos.

4. Jeigu šeimos nariai nesusitaria dėl keitimosi, o pakeitus gyvenamąsias patalpas būtų galimybė likviduoti šeimoje susidariusias konfliktines situacijas, tai bet kuris iš šeimos narių turi teisę reikalauti teismo tvarka prievarta pakeisti nuomojamą gyvenamąją patalpą į kitą gyvenamąją patalpą arba į patalpas skirtinguose namuose (butuose).

ANTRASIS SKIRSNIS GYVENAMOSIOS PATALPOS NUOMOS SUTARTIES PABAIGA

6.609 straipsnis. Nuomininko teisė nutraukti sutartį 1. Gyvenamosios patalpos nuomininkas turi teisę nutraukti nuomos sutartį, prieš mėnesį

raštu įspėjęs nuomotoją. Jeigu nuomininkas neįvykdo šio reikalavimo, nuomotojas turi teisę į susidariusių nuostolių atlyginimą.

2. Iki įspėjimo termino pabaigos nuomininkas gali atšaukti įspėjimą, jei nuomotojas su kitu nuomininku nėra sudaręs tos gyvenamosios patalpos nuomos sutarties.

3. Kai nuomininkas, jo šeimos nariai ir buvę šeimos nariai išvyksta gyventi kitur, gyvenamosios patalpos nuomos sutartis laikoma nutraukta nuo išvykimo dienos.

4. Nuomotojas, gavęs nuomininko pranešimą apie sutarties nutraukimą, turi teisę patikrinti gyvenamosios patalpos būklę, iš anksto pranešęs nuomininkui apie tikrinimo datą ir laiką. Tokiu

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atveju nuomotojas taip pat turi teisę parodyti gyvenamąją patalpą būsimam nuomininkui, apie aprodymo datą ir laiką iš anksto pranešdamas nuomininkui. Išskyrus neatidėliotinus atvejus, nuomotojas neturi teisės tikrinti gyvenamosios patalpos ar jos rodyti būsimam nuomininkui nuo dvidešimt pirmos valandos iki devintos valandos.

6.610 straipsnis. Sutarties nutraukimo ir asmenų iškeldinimo tvarka Gyvenamosios patalpos nuomos sutartis gali būti pripažinta negaliojančia, ji gali būti

nutraukta, taip pat fiziniai asmenys iš gyvenamųjų patalpų gali būti iškeldinami tik teismo tvarka, išskyrus šio kodekso numatytus iškeldinimo pagal prokuroro sankciją atvejus.

6.611 straipsnis. Sutarties nutraukimas nuomininkui pažeidus nuomos sutarties sąlygas

Jei nuomininkas nuolat (ne mažiau kaip tris mėnesius, jeigu sutartis nenumato ilgesnio termino) nemoka buto nuompinigių ar mokesčio už komunalines paslaugas, jei nuomininkas, jo šeimos nariai ar kiti kartu su juo gyvenantys asmenys ardo ar gadina gyvenamąją patalpą arba ją naudoja ne pagal paskirtį, nuomos sutartis gali būti nutraukta ir asmenys iškeldinami iš nuomojamos patalpos nesuteikiant kitos gyvenamosios patalpos. Nuomininkas, jo šeimos nariai arba kiti kartu su jais gyvenantys asmenys, kurie netinkamu elgesiu sudaro neįmanomas sąlygas kitiems kartu arba greta gyventi, nuomotojo arba kitų asmenų, kuriems trukdoma normaliai gyventi, reikalavimu gali būti iškeldinti nesuteikiant kitos gyvenamosios patalpos.

6.612 straipsnis. Iškeldinimas iš savavališkai užimtų patalpų Savavališkai užėmę gyvenamąją patalpą, t. y. įsikėlę į ją be nuomos sutarties, asmenys

iškeldinami teismo tvarka ir kita gyvenamoji patalpa jiems nesuteikiama.

6.613 straipsnis. Gyvenamosios patalpos terminuotos nuomos sutarties pasibaigimo pasekmės

Pasibaigus gyvenamosios patalpos nuomos sutarties terminui, nuomotojo reikalavimu nuomininkas, jo šeimos nariai ar buvę šeimos nariai turi išsikelti iš gyvenamosios patalpos, o neišsikėlusieji iš jos iškeldinami ir kita gyvenamoji patalpa jiems nesuteikiama.

6.614 straipsnis. Gyvenamosios patalpos neterminuotos nuomos sutarties nutraukimas

1. Juridinių ir fizinių asmenų nuomojamų komercinėmis sąlygomis gyvenamųjų patalpų neterminuota nuomos sutartis nuomotojo reikalavimu gali būti nutraukta nuomininką raštu įspėjus prieš šešis mėnesius.

2. Pasibaigus šio straipsnio 1 dalyje nurodytam terminui, nuomininkas, jo šeimos nariai ar buvę šeimos nariai turi išsikelti iš gyvenamosios patalpos, o neišsikėlusieji iš jos iškeldinami ir kita gyvenamoji patalpa jiems nesuteikiama.

6.615 straipsnis. Iškeldinimas iš gresiančių sugriūti gyvenamųjų namų, butų Jeigu dėl stichinių nelaimių, gaisro ar techninio susidėvėjimo valstybės, savivaldybių ar

juridinių asmenų gyvenamoji patalpa gresia sugriūti arba tampa netinkama gyventi, fiziniai asmenys iš jų iškeldinami pagal prokuroro sankciją ir jiems suteikiama kita tinkamai įrengta gyvenamoji patalpa. Šią patalpą suteikia pastato, kuriame yra gresianti sugriūti arba netinkama gyventi gyvenamoji patalpa, savininkas. Tokiais atvejais ankstesnė nuomos sutartis laikoma pasibaigusia.

6.616 straipsnis. Sutarties nutraukimas ir piliečių iškeldinimas suteikiant kitą tinkamai įrengtą gyvenamąją patalpą

1. Fiziniai asmenys gali būti iškeldinami iš valstybės, savivaldybių, juridinių asmenų savo darbuotojams išnuomotų gyvenamųjų patalpų ir jiems suteikiama kita tinkamai įrengta gyvenamoji patalpa, jeigu:

1) namas, kuriame yra gyvenamoji patalpa, turi būti nugriautas; 2) gyvenamoji patalpa neišlieka po kapitalinio remonto, rekonstrukcijos ar perplanavimo; 3) gyvenamosios patalpos pertvarkomos į kitos paskirties patalpas.

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2. Kitą tinkamai įrengtą gyvenamąją patalpą suteikia nuomotojas arba kitas juridinis asmuo, dėl kurio interesų gyvenamasis namas griaunamas, rekonstruojamas arba perplanuojamas bei gyvenamosios patalpos pertvarkomos į kitos paskirties patalpas.

6.617 straipsnis. Kitos tinkamai įrengtos gyvenamosios patalpos suteikimas iškeldinamiems asmenims

1. Suteikiama kita tinkamai įrengta gyvenamoji patalpa turi būti toje pačioje gyvenamojoje vietovėje, tinkamai įrengta pagal tos vietovės sąlygas ir atitikti sanitarinius bei techninius reikalavimus.

2. Suteikiama kita tinkamai įrengta gyvenamoji patalpa negali būti mažesnio ploto ir turėti mažiau kambarių negu anksčiau turėtoji. Jeigu ankstesnėje gyvenamojoje patalpoje naudingasis plotas, tenkantis kiekvienam šeimos nariui, buvo mažesnis už įstatymų nustatytą, iškeldinant negalima suteikti mažesnio ploto, negu yra nustatyta. Suteikiama patalpa turi būti tokia, kad viename kambaryje nebūtų apgyvendinti vyresni kaip devynerių metų skirtingos lyties asmenys, išskyrus sutuoktinius, ir atitiktų iškeldinamųjų sveikatos būklę bei kitas aplinkybes.

3. Nuomininko pageidavimu jam gali būti suteikta ir mažesnė gyvenamoji patalpa. 4. Teismo sprendime nutraukti nuomos sutartį ir iškeldinti nuomininką turi būti nurodyta

gyvenamosios patalpos, kuri suteikiama iškeldinamajam, bendras plotas ir kambarių skaičius.

TREČIASIS SKIRSNIS TARNYBINĖS GYVENAMOSIOS PATALPOS

6.618 straipsnis. Tarnybinių gyvenamųjų patalpų teisinis statusas 1. Tarnybines gyvenamąsias patalpas darbdavys skiria apgyvendinti darbuotojams

(tarnautojams), atsižvelgdamas į jų darbo (tarnybos) pobūdį ar įstatymų nustatytas sąlygas, tokiam laikotarpiui, kol nepasikeičia jų darbo (tarnybos) pobūdis arba kol nenutrūksta darbo (tarnybos) santykiai su darbdaviu, arba kol neišnyksta įstatymų nustatytos sąlygos.

2. Gyvenamosios patalpos prie tarnybinių gyvenamųjų patalpų priskiriamos (išbraukiamos) ir darbuotojų, kuriems gali būti suteiktos tarnybinės gyvenamosios patalpos, kategorijų sąrašai nustatomi valstybės valdžios ar valdymo institucijos, savivaldybės tarybos, juridinio asmens valdymo organo sprendimu.

3. Valstybės valdžios ar valdymo institucijos, savivaldybės tarybos, juridiniai asmenys prie tarnybinių gyvenamųjų patalpų priskiria tik patuštintas jiems nuosavybės (patikėjimo) teise priklausančias gyvenamąsias patalpas.

6.619 straipsnis. Tarnybinių gyvenamųjų patalpų suteikimo ir jų naudojimo tvarka 1. Sprendimą suteikti tarnybinę gyvenamąją patalpą priima: valstybės valdžios ar valdymo

institucijos įgaliotas asmuo, savivaldybės vykdomoji institucija, juridinio asmens valdymo organas. Remiantis šiuo sprendimu, sudaroma tarnybinės gyvenamosios patalpos nuomos sutartis. Sudarant tokią sutartį, laikomasi šio kodekso nustatytos gyvenamosios patalpos nuomos sutarties sudarymo tvarkos, jeigu įstatymai nenustato kitaip.

2. Tarnybinių gyvenamųjų patalpų naudojimo ir apskaitos tvarką nustato Vyriausybė arba jos įgaliota institucija.

3. Tarnybinėmis gyvenamosiomis patalpomis naudojamasi laikantis šio kodekso 6.581– 6.587, 6.590 straipsnio 1 dalyje, 6.605 ir 6.606 straipsniuose nustatytų gyvenamosios patalpos nuomos sutarties taisyklių.

6.620 straipsnis. Iškeldinimas iš tarnybinių gyvenamųjų patalpų Pasibaigus darbo sutarčiai (tarnybai), darbuotojas, kuriam nustatyta tvarka buvo suteikta

tarnybinė gyvenamoji patalpa, privalo išsikelti iš nuomojamų tarnybinių patalpų kartu su gyvenančiais šeimos nariais. Neišsikėlę iš tarnybinių gyvenamųjų patalpų fiziniai asmenys iškeldinami ir kita gyvenamoji patalpa jiems nesuteikiama, išskyrus šio kodekso 6.616 straipsnyje numatytus atvejus.

6.621 straipsnis. Iškeldinimas iš tarnybinių gyvenamųjų patalpų suteikiant kitą gyvenamąją patalpą

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Iš tarnybinių gyvenamųjų patalpų iškeldinamiems fiziniams asmenims suteikiama kita gyvenamoji patalpa šio kodekso 6.616 straipsnyje numatytais atvejais, taip pat kai iškeldinami asmenys yra:

1) darbuotojai (tarnautojai), atleisti iš darbo (tarnybos) dėl to, kad tapo I ar II grupės invalidais dėl su darbu (tarnyba) susijusių priežasčių;

2) dėl su darbu (tarnyba) susijusių priežasčių žuvusio ar dingusio be žinios darbuotojo (tarnautojo) tarnybinės gyvenamosios patalpos nuomininko šeimos nariai.

6.622 straipsnis. Kitos gyvenamosios patalpos suteikimas iškeldinamiems fiziniams asmenims

Kita gyvenamoji patalpa, suteikiama iškeldinamiems fiziniams asmenims, turi būti toje pat gyvenamojoje vietovėje ir turi atitikti sanitarinius bei techninius reikalavimus.

KETVIRTASIS SKIRSNIS GYVENAMŲJŲ PATALPŲ NUOMA BENDRABUČIUOSE

6.623 straipsnis. Bendrabučiai 1. Darbininkus, tarnautojus, studentus, moksleivius jų darbo ar mokymosi metu galima

apgyvendinti bendrabučiuose. Bendrabučiai yra specialiai pastatyti ar šiam tikslui įrengti gyvenamieji namai. Bendrabučių suteikimo ir naudojimosi jais tvarka nustatoma juridinių asmenų kolektyvinėse sutartyse. Organizacijose, kuriose tokia sutartis nesudaroma, ši tvarka nustatoma administracijos ir darbuotojų susitarimu, o mokslo ir mokymo įstaigose – šių įstaigų valdymo organų sprendimu.

2. Darbuotojai, pasibaigus darbo sutarčiai ar mokymosi laikui, iš bendrabučio iškeldinami, išskyrus šio kodekso 6.621 straipsnyje numatytus atvejus. Asmenys, kurie mokosi, pasibaigus mokslo metams, iš bendrabučio iškeldinami. Bendrabučių gyventojai gali būti iškeldinti nesuteikiant kitos gyvenamosios patalpos, jei jie savo netinkamu elgesiu sudaro neįmanomas sąlygas kitiems kartu ar greta gyventi, taip pat jei jie nuolat gadina gyvenamąją patalpą arba naudoja ją ne pagal paskirtį.

3. Iš bendrabučių iškeldinama teismo tvarka.

6.624 straipsnis. Draudimas subnuomoti bendrabučių patalpas Bendrabučiuose gyvenantys nuomininkai neturi teisės subnuomoti savo nuomojamos

gyvenamosios patalpos bei apgyvendinti laikinus gyventojus.

6.625 straipsnis. Laikinas perkeldinimas Nuomotojas prireikus (dėl remonto, avarijos ir kt.) turi teisę perkeldinti nuomininką iš

vienos bendrabučio gyvenamosios patalpos į kitą bendrabučio gyvenamąją patalpą tiek tame pačiame, tiek ir kitame pastate toje pat vietovėje be nuomininko sutikimo.

PENKTASIS SKIRSNIS VIEŠBUČIAI, NAKVYNĖS NAMAI IR GYVENIMAS GYDYMO

IR SOCIALINĖS GLOBOS INSTITUCIJŲ PATALPOSE

6.626 straipsnis. Viešbučiai 1. Juridiniai ir fiziniai asmenys turi teisę turėti viešbučius – specialiai įrengtas patalpas

laikinai atvykusiems asmenims apgyvendinti. 2. Viešbučiai steigiami ir veikia komercinės veiklos sąlygomis. 3. Fiziniai asmenys, gyvenantys viešbučiuose ilgiau, negu buvo susitarta, arba nesumokėję

už gyvenimą viešbutyje, arba pažeidę naudojimosi jais tvarką, administracijos teikimu iškeldinami pagal prokuroro sankciją nesuteikiant kitos gyvenamosios patalpos.

4. Šis straipsnis taip pat taikomas gyvenamosios patalpos trumpalaikės nuomos (ne ilgiau kaip dviem mėnesiams) sutartims, sudaromoms atostogų ir poilsio tikslais.

6.627 straipsnis. Nakvynės namai Labdaros ar kitais pagrindais įsteigtų nakvynės namų, kuriuose paramos reikalingiems

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asmenims nemokamai suteikiama nakvynė, veiklos ir naudojimosi taisykles nustato ir savivaldybėje jas įregistruoja steigėjai. Šiomis taisyklėmis vadovaujamasi nagrinėjant ginčus dėl naudojimosi nakvynės namais ir dėl iškeldinimo iš jų.

6.628 straipsnis. Gyvenimas gydymo ir globos (rūpybos) institucijų patalpose Asmenys, kurie gydymo ar globos tikslais laikinai ar nuolat gyvena gydymo ar globos

(rūpybos) institucijų patalpose, nėra pripažįstami nuomininkais. Šių asmenų ir gydymo bei globos (rūpybos) institucijų santykius nustato atitinkamos paslaugų sutartys bei atitinkami įstatymai.

XXXII SKYRIUS NEATLYGINTINIS NAUDOJIMASIS DAIKTU (PANAUDA)

6.629 straipsnis. Panaudos sutarties samprata 1. Neatlygintinio naudojimosi daiktu (panaudos) sutartimi viena šalis (panaudos davėjas)

perduoda kitai šaliai (panaudos gavėjui) nesunaudojamąjį daiktą laikinai ir neatlygintinai valdyti ir juo naudotis, o panaudos gavėjas įsipareigoja grąžinti tą daiktą tokios būklės, kokios jis jam buvo perduotas atsižvelgiant į normalų susidėvėjimą arba sutartyje numatytos būklės.

2. Neatlygintinio naudojimosi daiktu sutarčiai atitinkamai taikomos šio kodekso 6.477 straipsnio 2 ir 3 dalių, 6.478, 6.479, 6.481, 6.489 straipsnio 1 ir 2 dalių ir 6.501 straipsnio nuostatos.

6.630 straipsnis. Neatlygintinio naudojimosi daiktu sutarties sudarymo apribojimai Pelno siekiantys juridiniai asmenys neturi teisės panaudos pagrindais perduoti daiktą

neatlygintinai naudotis asmenims, kurie yra šių juridinių asmenų steigėjai, dalyviai ar organų nariai.

6.631 straipsnis. Pažado perduoti daiktą neatlygintinai naudotis teisinės pasekmės Pažado perduoti daiktą neatlygintinai naudotis neįvykdymas be pakankamo pagrindo

suteikia panaudos gavėjui teisę į išlaidų, susijusių su panaudos pagrindais perduodamo daikto priėmimu, atlyginimą.

6.632 straipsnis. Panaudos davėjas Perduoti daiktą neatlygintinai naudotis kitam asmeniui turi teisę tik to daikto savininkas

arba kiti įstatymų ar daikto savininko įgalioti asmenys.

6.633 straipsnis. Daikto perdavimas neatlygintinai naudotis 1. Panaudos davėjas privalo perduoti daiktą panaudos gavėjui tokios būklės, kuri atitinka

sutarties nustatytas sąlygas ir daikto naudojimo paskirtį. 2. Daiktas perduodamas panaudos gavėjui kartu su daikto priklausiniais ir jo dokumentais

(naudojimo instrukcija, techninis pasas ir kt.), jeigu sutartis nenumato ko kita. 3. Jeigu daikto priklausiniai ir dokumentai nebuvo perduoti, o be jų panaudos gavėjas

negali naudoti daikto pagal paskirtį arba daikto naudojimas be priklausinių ir dokumentų panaudos gavėjui netenka prasmės, tai panaudos gavėjas turi teisę reikalauti iš panaudos davėjo perduoti jam daikto priklausinius ir dokumentus arba nutraukti sutartį ir reikalauti, kad panaudos davėjas atlygintų nuostolius.

6.634 straipsnis. Panaudos davėjo atsakomybė už daikto trūkumus 1. Panaudos davėjas atsako už perduoto neatlygintinai naudotis daikto trūkumus, kurių jis

tyčia ar dėl didelio neatsargumo neaptarė sutarties sudarymo metu, ir už panaudos gavėjui dėl šių trūkumų padarytą žalą.

2. Panaudos gavėjas, nustatęs neaptartus jam perduoto daikto trūkumus, savo pasirinkimu turi teisę reikalauti, kad panaudos davėjas juos neatlygintinai pašalintų arba atlygintų trūkumų šalinimo išlaidas, arba nutraukti sutartį ir atlyginti tiesioginius nuostolius.

3. Panaudos davėjas, kuriam buvo pranešta apie panaudos gavėjo reikalavimus arba ketinimą pašalinti daikto trūkumus panaudos davėjo lėšomis, turi teisę nedelsdamas pakeisti netinkamos kokybės daiktą analogišku tinkamos kokybės daiktu.

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4. Panaudos davėjas neatsako už perduoto daikto trūkumus, kuriuos jis aptarė sutarties sudarymo metu, taip pat už trūkumus, kurie panaudos gavėjui buvo žinomi iki sutarties sudarymo arba kuriuos panaudos gavėjas turėjo pastebėti daikto perdavimo arba jo apžiūros ar išbandymo metu, kai buvo sudaroma sutartis.

6.635 straipsnis. Trečiųjų asmenų teisės į daiktą, kuris perduotas naudotis neatlygintinai

1. Daikto perdavimas naudotis neatlygintinai nėra pagrindas pasikeisti ar pasibaigti trečiųjų asmenų teisėms į tą daiktą, jeigu tos teisės buvo įregistruotos įstatymų nustatyta tvarka viešame registre, išskyrus atvejus, kai pagal įstatymus tų teisių registruoti nereikia.

2. Sudarant daikto perdavimo naudotis neatlygintinai sutartį, panaudos davėjas privalo įspėti panaudos gavėją apie trečiųjų asmenų teises į perduodamą daiktą. Jeigu ši pareiga neįvykdoma, panaudos gavėjas turi teisę reikalauti nutraukti sutartį ir atlyginti tiesioginius nuostolius.

6.636 straipsnis. Panaudos gavėjo pareiga išlaikyti ir saugoti daiktą Panaudos gavėjas privalo išlaikyti ir saugoti jam pagal sutartį perduotą daiktą, taip pat

daryti turto einamąjį ir kapitalinį remontą bei apmokėti visas daikto išlaikymo išlaidas, jeigu sutartis nenumato ko kita.

6.637 straipsnis. Panaudos gavėjo pareiga naudoti daiktą pagal paskirtį 1. Panaudos gavėjas privalo naudoti jam perduotą daiktą tik pagal sutartyje numatytą

paskirtį. 2. Be išankstinio rašytinio panaudos davėjo sutikimo panaudos gavėjas neturi teisės duoti

gautąjį daiktą naudotis trečiajam asmeniui.

6.638 straipsnis. Daikto atsitiktinio žuvimo ar sugedimo rizika 1. Panaudos gavėjui tenka daikto atsitiktinio žuvimo ar sugedimo rizika, jeigu daiktas žūtų

ar būtų sugadintas naudojant jį ne pagal sutartyje numatytą paskirtį arba būtų perduotas trečiajam asmeniui be išankstinio panaudos davėjo rašytinio sutikimo. Daikto atsitiktinio žuvimo ar sugedimo rizika panaudos gavėjui taip pat tenka, jeigu jis naudojasi daiktu pasibaigus panaudos sutarties terminui arba jeigu, atsižvelgiant į konkrečias aplinkybes, jis galėjo išgelbėti daiktą šiam tikslui panaudodamas savo turtą, bet to nepadarė.

2. Jeigu panaudos gavėjas, siekdamas išsaugoti jam perduotą daiktą, sunaikina ar leidžia sunaikinti nuosavą daiktą, tai jis turi teisę reikalauti iš panaudos davėjo kompensuoti padarytas būtinas ir neatidėliotinas išlaidas perduotam daiktui išsaugoti.

3. Panaudos gavėjas neatsako už atsitiktinį daikto žuvimą ar sugedimą jo normalaus naudojimo pagal sutartyje numatytą paskirtį metu.

6.639 straipsnis. Atsakomybė už žalą, padarytą tretiesiems asmenims Už žalą, padarytą tretiesiems asmenims naudojant daiktą, perduotą pagal panaudos sutartį,

atsako panaudos gavėjas, jeigu neįrodo, kad žala atsirado dėl panaudos davėjo ar asmens, kuriam tas daiktas perduotas panaudos davėjo sutikimu, tyčios ar didelio neatsargumo.

6.640 straipsnis. Draudimas naudotis sulaikymo teise Panaudos gavėjas neturi jam perduoto daikto sulaikymo teisės, išskyrus atvejus, kai

panaudos davėjo prievolė pasireiškia dėl daikto išsaugojimo būtinų ir neatidėliotinų išlaidų kompensavimu.

6.641 straipsnis. Daikto neatlygintinio naudojimo sutarties nutraukimas prieš terminą

1. Panaudos davėjas turi teisę reikalauti sutartį nutraukti prieš terminą, jeigu panaudos gavėjas:

1) naudoja daiktą ne pagal paskirtį;

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2) nevykdo pareigos išlaikyti ir saugoti daiktą; 3) iš esmės pablogina daikto būklę; 4) be panaudos davėjo sutikimo perduoda daiktą trečiajam asmeniui. 2. Panaudos davėjas taip pat turi teisę reikalauti nutraukti daikto neatlygintinio naudojimo

sutartį, jeigu dėl nenumatytų ir nepaprastų aplinkybių tas daiktas yra skubiai ir neišvengiamai reikalingas pačiam panaudos davėjui.

3. Panaudos gavėjas turi teisę reikalauti nutraukti sutartį prieš terminą, jeigu: 1) nustatomi daikto trūkumai, dėl kurių normaliai naudotis daiktu neįmanoma arba

pasidaro labai sunku, o apie tuos trūkumus sutarties sudarymo metu jis nežinojo ir negalėjo žinoti; 2) daiktas dėl aplinkybių, už kurias panaudos gavėjas neatsako, tampa negalimu naudoti

pagal paskirtį; 3) sutarties sudarymo metu panaudos davėjas neįspėjo jo apie trečiųjų asmenų teises į tą

daiktą; 4) panaudos davėjas neperduoda daikto priklausinių ar dokumentų.

6.642 straipsnis. Teisė atsisakyti daikto neatlygintinio naudojimo sutarties 1. Kiekviena daikto neatlygintinio naudojimo sutarties šalis bet kada turi teisę nutraukti

neterminuotą panaudos sutartį, įspėjusi apie tai kitą šalį prieš tris mėnesius, jeigu sutartis nenustato kitokio termino.

2. Jeigu ko kita nenustato sutartis, panaudos gavėjas turi teisę bet kada nutraukti ir terminuotą panaudos sutartį, įspėjęs kitą šalį apie numatomą sutarties nutraukimą ne vėliau kaip prieš vieną mėnesį.

6.643 straipsnis. Šalių pasikeitimas daikto neatlygintinio naudojimo sutartyje 1. Panaudos davėjas turi teisę daiktą parduoti ar perduoti jį atlygintinai naudotis trečiajam

asmeniui. Tokiu atveju naujam daikto savininkui ar naudotojui pereina teisės ir pareigos pagal anksčiau sudarytą panaudos sutartį, jeigu registruotina panaudos sutartis buvo įstatymų nustatyta tvarka įregistruota viešame registre arba apie ją naujasis savininkas ir naudotojas sutarties sudarymo metu žinojo arba turėjo žinoti.

2. Panaudos davėjui mirus ar jį reorganizavus, jo teisės ir pareigos pereina jo teisių perėmėjams.

XXXIII SKYRIUS RANGA

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

6.644 straipsnis. Rangos sutarties samprata 1. Rangos sutartimi viena šalis (rangovas) įsipareigoja atlikti tam tikrą darbą savo rizika

pagal kitos šalies (užsakovo) užduotį ir perduoti šio darbo rezultatą užsakovui, o užsakovas įsipareigoja atliktą darbą priimti ir už jį sumokėti.

2. Šio skirsnio normų nustatytos taisyklės atitinkamai taikomos atskiroms rangos rūšims (buitinė ranga, statybos ranga ir kt.), jeigu ko kita nenustato kitų šio skyriaus skirsnių normos.

3. Rangovo ir užsakovo nesieja pavaldumo ar kitokie priklausymo santykiai.

6.645 straipsnis. Rangos sutarties dalykas 1. Rangos sutartis sudaroma pagaminti arba perduoti tam tikrą darbo rezultatą arba atlikti

kitokius darbus, kurių metu sukurtas rezultatas perduodamas užsakovui. Rangovas iki sutarties sudarymo privalo suteikti užsakovui visą reikiamą informaciją, susijusią su darbų atlikimu, taip pat informaciją apie darbui atlikti būtinas medžiagas bei darbui atlikti reikalingą laiką.

2. Jeigu rangos sutartis sudaryta daiktui pagaminti, tai rangovas užsakovui kartu su pagamintu daiktu perduoda ir teises į jį.

3. Jeigu sutartis nenustato ko kita, rangovas darbus atlieka savo rizika ir savarankiškai nustato užsakovo užduoties įvykdymo būdus.

4. Jeigu atliekamų darbų pobūdis ir vertė palyginti su pagaminto, perkamo ar perdirbto

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daikto verte yra nedideli, tai sutartis pripažįstama ne rangos, o pirkimo–pardavimo sutartimi.

6.646 straipsnis. Leidimai (licencijos) atskirų rūšių darbams Įstatymai gali numatyti atvejus, kai tam tikrų rūšių darbai gali būti atliekami tik turint

įstatymų nustatyta tvarka išduotą leidimą (licenciją).

6.647 straipsnis. Darbo atlikimas iš rangovo medžiagos ir jo priemonėmis 1. Rangovas privalo atlikti sutartyje sulygtą darbą iš savo medžiagos, savo priemonėmis ir

jėgomis, jeigu ko kita nenustato sutartis. 2. Rangovas, atliekantis darbą iš savo medžiagos, atsako už blogą medžiagos kokybę.

6.648 straipsnis. Darbo atlikimas iš užsakovo medžiagos 1. Užsakovas, pateikdamas medžiagas rangovui, privalo perduoti rangovui ir šių medžiagų

atitikties dokumentus. 2. Jei užsakovo pateikta medžiaga yra netinkama arba turi trūkumų, apie kuriuos rangovas

turi žinoti, rangovas apie tai privalo nedelsdamas informuoti užsakovą. 3. Jeigu darbas atliekamas visiškai ar iš dalies iš užsakovo medžiagos, tai rangovas atsako

už netinkamą tos medžiagos sunaudojimą. Rangovas privalo pateikti užsakovui medžiagos sunaudojimo ataskaitą ir jos likutį grąžinti arba, jeigu užsakovas sutinka, sumažinti darbų kainą atsižvelgiant į rangovui likusių nesunaudotų medžiagų vertę.

4. Jeigu darbas atliekamas iš užsakovo medžiagos pagal buitinio užsakymo sutartį, tai kvite, kurį rangovas duoda užsakovui, sudarant sutartį turi būti nurodytas tikslus medžiagos pavadinimas, aprašymas ir jos įkainojimas, nustatytas šalių susitarimu.

5. Rangos sutartyje gali būti numatytos medžiagų sunaudojimo normos, jų likučių ir pagrindinių atliekų grąžinimo terminai, taip pat rangovo atsakomybė už šių pareigų neįvykdymą ar netinkamą įvykdymą.

6. Jeigu rangovas nepasiekė sutartyje numatyto rezultato arba rezultatas yra su trūkumais, dėl kurių daiktas negali būti naudojamas pagal sutartyje numatytą ar normalią jo paskirtį dėl užsakovo perduotų medžiagų trūkumų, tai rangovas turi teisę reikalauti, kad jam būtų apmokėta už atliktą darbą, tik su sąlyga, jeigu jis įrodo, kad medžiagų trūkumų nebuvo galima pastebėti jas priimant iš užsakovo.

6.649 straipsnis. Rizikos paskirstymas šalims 1. Jeigu ko kita nenustato įstatymai ar rangos sutartis, tai: 1) medžiagų ar įrenginių, perduotų darbams atlikti atsitiktinio žuvimo ar sugedimo rizika

tenka ją davusiai šaliai; 2) darbų rezultato ar tarpinio darbų etapo rezultato, iki užsakovas jį priima, atsitiktinio

žuvimo ar sugedimo rizika tenka rangovui. 2. Praleidus darbų rezultato perdavimo ar priėmimo terminą, rizika, numatyta šio

straipsnio 1 dalyje, tenka terminą praleidusiai šaliai.

6.650 straipsnis. Generalinis rangovas ir subrangovas 1. Rangovas turi teisę pasitelkti savo prievolėms įvykdyti kitus asmenis (subrangovus),

jeigu įstatymai ar rangos sutartis nenustato, kad užduotį privalo įvykdyti pats rangovas. Jeigu užduočiai vykdyti yra pasitelkti subrangovai, tai rangovas tampa generaliniu rangovu.

2. Jeigu rangovas sutarčiai įvykdyti pasitelkė subrangovus pažeisdamas įstatymų ar sutarties nustatytas taisykles, jis atsako užsakovui už nuostolius, kuriuos padarė vykdydami sutartį subrangovai.

3. Generalinis rangovas atsako užsakovui už subrangovų prievolių neįvykdymą ar netinkamą įvykdymą, o subrangovams – už užsakovo prievolių neįvykdymą ar netinkamą įvykdymą.

4. Jeigu ko kita nenustato įstatymai ar sutartis, užsakovas ir subrangovas neturi teisės reikšti vienas kitam piniginių reikalavimų, susijusių su sutarčių, kiekvieno iš jų sudarytų su generaliniu rangovu, pažeidimu.

5. Jeigu generalinis rangovas sutinka, užsakovas turi teisę sudaryti sutartis su kitais asmenimis atskiriems darbams atlikti. Tokiu atveju šie asmenys už sutarties neįvykdymą ar

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netinkamą įvykdymą atsako tiesiai užsakovui.

6.651 straipsnis. Rangos sutarties ypatumai, kai darbus atlieka keli asmenys 1. Jeigu darbus atlieka du ar daugiau asmenų, tai, kai prievolės dalykas yra nedalus, visi jie

užsakovui turi solidariosios prievolės skolininkų ir kreditorių teises ir pareigas. 2. Jeigu prievolės dalykas yra dalus, tai šio straipsnio 1 dalyje numatytų asmenų teisės ir

pareigos užsakovui atsiranda tik dėl atitinkamos dalies (dalinė prievolė), jeigu sutartis nenustato ko kita.

6.652 straipsnis. Darbų atlikimo terminai 1. Rangos sutartyje nustatoma darbų pradžia ir pabaiga. Šalys taip pat gali nustatyti atskirų

darbų atlikimo terminus (tarpiniai terminai). 2. Jeigu įstatymai ar sutartis nenustato ko kita, rangovas atsako ir už darbų pradžios ar

pabaigos termino, ir už tarpinių terminų pažeidimą. 3. Šalių susitarimu sutartyje nustatyti darbų atlikimo terminai gali būti keičiami rangos

sutartyje nustatyta tvarka. 4. Jeigu rangovas pažeidžia viso darbo atlikimo galutinį terminą, tai užsakovas turi teisę

atsisakyti priimti įvykdžius prievolę atliktą darbą ir pareikalauti iš rangovo atlyginti dėl termino praleidimo padarytus nuostolius, jeigu dėl termino praleidimo prievolės įvykdymas užsakovui prarado prasmę.

6.653 straipsnis. Darbų kaina 1. Rangos sutartyje nurodoma darbų kaina arba jos apskaičiavimo būdas ir kriterijai. Jeigu

sutartyje kaina nenurodoma, ji nustatoma pagal šio kodekso 6.198 straipsnio nustatytas taisykles. 2. Į rangos sutartyje nurodytą kainą įeina rangovo atlikto darbo atlyginimas ir jo turėtų

išlaidų kompensavimas. 3. Sutartyje numatytiems darbams atlikti gali būti sudaroma konkreti ar apytikrė sąmata.

Jeigu darbai atliekami pagal rangovo sudarytą sąmatą, sąmata įsigalioja ir tampa rangos sutarties dalimi nuo to momento, kai sąmatą patvirtina užsakovas.

4. Jeigu būtina atlikti papildomų darbų arba dėl kitų svarbių priežasčių rangovui tenka didinti kai kurių darbų kainą, jis privalo apie tai laiku pranešti užsakovui. Jeigu užsakovas nesutinka padidinti kainą, rangovas turi teisę atsisakyti sutarties. Tokiu atveju rangovas turi teisę reikalauti iš užsakovo sumokėti už atliktus darbus. Jeigu rangovas laiku neįspėja užsakovo, kad yra būtina didinti darbų kainą, jis privalo įvykdyti sutartį už joje numatytą kainą.

5. Jeigu sutartyje nurodyta konkreti darbų kaina, rangovas neturi teisės reikalauti ją padidinti, o užsakovas – sumažinti. Ši taisyklė taip pat taikoma ir tais atvejais, kai rangos sutarties sudarymo momentu nebuvo galima tiksliai numatyti viso darbų kiekio arba visų darbams atlikti būtinų išlaidų.

6. Kai rangovo tiekiamų medžiagų ar įrenginių kaina arba paslaugų, kurias rangovui teikia tretieji asmenys, kaina padidėja iš esmės ir šio kainų padidėjimo rangovas negalėjo numatyti rangos sutarties sudarymo momentu, rangovas turi teisę reikalauti padidinti darbų kainą arba nutraukti sutartį pagal šio kodekso 6.204 straipsnio nustatytas taisykles.

6.654 straipsnis. Rangovo ekonomija 1. Tuo atveju, kai rangovo faktinės išlaidos yra mažesnės, negu buvo numatyta nustatant

atliekamų darbų kainą, rangovui išlieka teisė gauti atlyginimą, numatytą rangos sutartyje, jeigu užsakovas neįrodo, kad ekonomija turėjo neigiamos įtakos sutartyje numatytai darbo kokybei.

2. Sutartyje gali būti numatyta ekonomijos paskirstymo tvarka.

6.655 straipsnis. Darbų apmokėjimo tvarka 1. Jeigu pagal rangos sutartį nenumatyta atliekamų darbų ar atskirų jų etapų apmokėti iš

anksto, užsakovas privalo sumokėti rangovui sutartyje nustatytą kainą po to, kai yra priimtas darbų rezultatas, su sąlyga, kad darbai atlikti tinkamai ir laiku, arba užsakovo sutikimu anksčiau nustatyto termino.

2. Rangovas turi teisę reikalauti išmokėti jam avansą ar rankpinigius tik rangos sutartyje numatytais atvejais.

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6.656 straipsnis. Rangovo teisė išieškoti jam priklausantį atlyginimą Jeigu užsakovas nevykdo savo įsipareigojimo sumokėti rangos sutartyje nustatytą

atlyginimą arba kitokią sutarties šalių sutartą sumą, rangovas turi teisę išieškoti jam pagal sutartį priklausančias sumas už atliktą darbą iš užsakovui priklausančių įrenginių, likusių medžiagų ir kito užsakovui priklausančio turto, kol užsakovas visiškai su juo neatsiskaitys, arba gali sulaikyti darbų rezultatą tol, kol užsakovas tinkamai neįvykdys savo prievolės.

6.657 straipsnis. Rangovo atsakomybė už užsakovo perduoto turto neišsaugojimą Rangovas privalo imtis visų įmanomų priemonių užsakovo jam patikėto turto saugumui

užtikrinti ir atsako už šio turto praradimą ar sužalojimą.

6.658 straipsnis. Užsakovo teisės darbo atlikimo metu 1. Užsakovas turi teisę bet kuriuo metu tikrinti darbų atlikimo eigą ir kokybę,

nesikišdamas į rangovo ūkinę komercinę veiklą. 2. Jeigu rangovas nepradeda laiku vykdyti sutarties arba atlieka darbą taip lėtai, kad jį

baigti iki termino pabaigos pasidaro aiškiai negalima, užsakovas turi teisę atsisakyti sutarties ir reikalauti atlyginti nuostolius.

3. Jeigu darbo atlikimo metu pasidaro aišku, kad jis nebus tinkamai atliktas, užsakovas turi teisę nustatyti rangovui protingą terminą trūkumams pašalinti, o jeigu rangovas per nustatytą terminą šio reikalavimo neįvykdo, – atsisakyti sutarties ir arba reikalauti atlyginti nuostolius, arba pavesti trečiajam asmeniui darbą pataisyti rangovo sąskaita.

4. Jei yra svarbių priežasčių, užsakovas turi teisę bet kada, kol darbas nebaigtas, atsisakyti sutarties kartu sumokėdamas rangovui atlyginimą už atliktą darbo dalį ir atlygindamas nuotolius, padarytus dėl sutarties nutraukimo, įskaitant į nuostolius tai, ką rangovas sutaupo dėl sutarties nutraukimo.

5. Jeigu darbų priėmimo metu nustatomi darbo trūkumai, užsakovas turi teisę atskaityti iš sumų, priklausančių rangovui už atliktus darbus, sumą, reikalingą tiems trūkumams pašalinti. Šią teisę užsakovas turi ir tada, kai nustatomi paslėpti darbo trūkumai. Tačiau užsakovas neturi tokios teisės, jeigu rangovas pakankamai užtikrina savo prievolės įvykdymą.

6.659 straipsnis. Aplinkybės, apie kurias rangovas privalo įspėti užsakovą 1. Rangovas privalo nedelsdamas įspėti užsakovą ir, kol gaus nurodymus, sustabdyti

darbą, kai: 1) gauta iš užsakovo medžiaga, kitas turtas ar dokumentai netinkami ar blogos kokybės; 2) užsakovo nurodymų dėl darbo atlikimo būdo laikymasis sudaro grėsmę atliekamo darbo

tinkamumui ar tvirtumui; 3) yra kitų nuo rangovo nepriklausančių aplinkybių, sudarančių grėsmę atliekamo darbo

tinkamumui, tvirtumui ar darbo saugumui. 2. Rangovas, neįspėjęs užsakovo apie šio straipsnio 1 dalyje numatytas aplinkybes, arba

tęsia darbą nelaukdamas, kol užsakovo atsakymas bus gautas per sutartyje nustatytą terminą, o jeigu jis nenustatytas, – per protingą terminą, arba, jeigu neįvykdo laiku gautų užsakovo nurodymų, neturi teisės remtis šio straipsnio 1 dalyje nurodytomis aplinkybėmis ir atsako už daikto trūkumus.

3. Jeigu užsakovas nepaiso laiku padaryto ir pagrįsto rangovo įspėjimo apie šio straipsnio 1 dalyje numatytas aplinkybes ir per protingą terminą nepakeičia netinkamos ar blogos kokybės medžiagų, kito turto ar dokumentų, nepakeičia savo nurodymų dėl darbo atlikimo būdo arba nepašalina kitų aplinkybių, sudarančių grėsmę atliekamo darbo tinkamumui ar tvirtumui, rangovas turi teisę atsisakyti sutarties ir reikalauti atlyginti nuostolius.

6.660 straipsnis. Užsakovo pagalba 1. Užsakovas privalo rangos sutartyje numatytais atvejais ir tvarka teikti rangovui pagalbą

atliekant darbus. Jeigu užsakovas šios pareigos nevykdo, rangovas turi teisę reikalauti iš jo atlyginti nuostolius, įskaitant papildomas išlaidas dėl prastovos arba darbo atlikimo termino nukėlimo ar darbų kainos padidėjimo.

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2. Jeigu dėl užsakovo prievolės, numatytos šio straipsnio 1 dalyje, neįvykdymo ar netinkamo įvykdymo rangovas sutartyje numatytų darbų atlikti negali, jis turi teisę reikalauti jam sumokėti sutartyje nustatytą kainą, atsižvelgiant į atliktų darbų dalį, bei atlyginti nuostolius arba sutartį nutraukti.

6.661 straipsnis. Priešpriešinių užsakovo pareigų neįvykdymo teisinės pasekmės 1. Rangovas turi teisę nepradėti darbų arba sustabdyti pradėtus darbus, jeigu užsakovas

neįvykdo rangos sutartyje numatytų savo priešpriešinių pareigų (neperduoda medžiagų, įrengimų, dokumentų ir kt.) arba kliudo rangovui vykdyti sutartį, arba yra kitų aplinkybių, akivaizdžiai patvirtinančių, kad užsakovas savo pareigų laiku neįvykdys (šio kodekso 6.219 straipsnis).

2. Jeigu rangos sutartis nenustato ko kita, rangovas, esant šio straipsnio 1 dalyje numatytoms aplinkybėms, turi teisę atsisakyti sutarties ir reikalauti atlyginti nuostolius.

6.662 straipsnis. Atliktų darbų priėmimas 1. Užsakovas privalo rangos sutartyje numatytais terminais ir tvarka dalyvaujant rangovui

apžiūrėti ir priimti atliktą darbą (jo rezultatą). Užsakovas, pastebėjęs nukrypimus nuo sutarties sąlygų, bloginančius darbų rezultato kokybę, ar kitus trūkumus, privalo nedelsdamas apie tai pranešti rangovui. Atliktų darbų priėmimas įforminamas aktu, kuriuo užsakovas be išlygų ar su išlygomis patvirtina priėmęs, o rangovas – perdavęs atliktus darbus.

2. Užsakovas, priimdamas atliktą darbą pastebėjęs darbų trūkumus, gali trūkumų faktu remtis tik tuo atveju, jeigu darbų priėmimo akte ar kitame dokumente, patvirtinančiame darbų priėmimą, tie trūkumai buvo aptarti arba yra numatyta užsakovo teisė reikalavimą dėl trūkumų pašalinimo pareikšti vėliau.

3. Jeigu sutartis nenustato ko kita, užsakovas, priėmęs darbą jo nepatikrinęs, netenka teisės remtis darbo trūkumų faktu, kurie galėjo būti nustatyti normaliai priimant darbą (akivaizdūs trūkumai).

4. Užsakovas, nustatęs darbų trūkumus ar kitokius nukrypimus nuo sutarties sąlygų po darbų priėmimo, jei tie trūkumai ar nukrypimai negalėjo būti nustatyti normaliai priimant darbą (paslėpti trūkumai), taip pat jei jie buvo rangovo tyčia paslėpti, privalo apie juos pranešti rangovui per protingą terminą po jų nustatymo.

5. Jeigu tarp rangovo ir užsakovo kyla ginčas dėl darbo trūkumų, kiekviena šalis turi teisę reikalauti skirti ekspertizę. Ekspertizės išlaidos tenka rangovui, išskyrus atvejus, kai ekspertizė nenustato, kad rangovas būtų pažeidęs sutartį arba kad yra priežastinis ryšys tarp rangovo veiksmų ir darbų trūkumų. Tokiais atvejais ekspertizės išlaidas apmoka ta šalis, kuri reikalavo skirti ekspertizę, o jeigu ji buvo paskirta abiejų šalių susitarimu, – abi šalys lygiomis dalimis.

6. Jeigu rangos sutartis nenustato ko kita, kai užsakovas vengia priimti atliktą darbą, rangovas turi teisę pasibaigus mėnesio terminui nuo tos dienos, kurią pagal sutartį darbai turėjo būti priimti, ir du kartus raštu įspėjęs užsakovą parduoti darbo rezultatą, o gautą sumą, atsiskaitęs visus sau priklausančius mokėjimus, užsakovo vardu sumokėti į depozitinę sąskaitą (šio kodekso 6.56 straipsnis).

7. Kai dėl užsakovo vengimo priimti atliktus darbus praleidžiamas darbo rezultato perdavimo terminas, darbo rezultato atsitiktinio žuvimo ar sugedimo rizika pereina užsakovui nuo to momento, kada rezultatas pagal sutartį turėjo būti perduotas užsakovui.

6.663 straipsnis. Darbų kokybė 1. Rangovo atliekamų darbų kokybė privalo atitikti rangos sutarties sąlygas, o jeigu

sutartyje kokybės sąlygos nenustatytos, – įprastai tokios rūšies darbams keliamus reikalavimus. Darbų rezultatas jo perdavimo užsakovui momentu turi turėti rangos sutartyje numatytas ar įprastai reikalaujamas savybes ir turi būti tinkamas naudoti pagal paskirtį protingą terminą.

2. Jeigu įstatymas ar rangos sutartis nustato atliekamų darbų privalomus reikalavimus, rangovas, veikiantis kaip verslininkas, privalo tų reikalavimų laikytis. Rangos sutartyje šalys gali numatyti rangovo pareigą atlikti darbą pagal aukštesnius, nei nustatyti privalomi, reikalavimus.

6.664 straipsnis. Darbų kokybės garantija 1. Jeigu įstatymas ar rangos sutartis nustato darbų rezultato kokybės garantinį terminą,

darbų rezultatas turi atitikti nustatytus kokybės reikalavimus visą garantinį terminą.

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2. Kokybės garantija taikoma visoms darbų rezultato sudėtinėms dalims, jeigu rangos sutartis nenustato ko kita.

3. Jeigu darbų defektai nustatomi per garantinį terminą, rangovas privalo neatlygintinai juos pašalinti arba atlyginti užsakovui jų šalinimo išlaidas.

6.665 straipsnis. Rangovo atsakomybė už netinkamos kokybės darbą 1. Jeigu darbai atlikti nukrypstant nuo sutarties sąlygų, dėl kurių darbų rezultatas negali

būti naudojamas pagal sutartyje nurodytą paskirtį arba pablogėja jo naudojimo pagal sutartyje nurodytą paskirtį galimybės (sąlygos), o jeigu paskirtis sutartyje nenurodyta, – pagal normalią paskirtį, tai užsakovas savo pasirinkimu turi teisę, jei įstatymas ar sutartis nenustato ko kita, reikalauti iš rangovo:

1) neatlygintinai pašalinti trūkumus per protingą terminą; 2) atitinkamai sumažinti darbų kainą; 3) atlyginti trūkumų šalinimo išlaidas, jeigu užsakovo teisė pašalinti trūkumus buvo

numatyta rangos sutartyje. 2. Rangovas vietoj trūkumų pašalinimo turi teisę neatlygintinai atlikti darbą iš naujo ir

atlyginti užsakovui dėl sutarties įvykdymo termino praleidimo padarytus nuostolius. Šiuo atveju užsakovas privalo grąžinti perduotąjį darbų rezultatą rangovui, jeigu jį grąžinti, atsižvelgiant į darbų pobūdį, yra įmanoma.

3. Jeigu rangovas sutarties pažeidimų ar kitokių trūkumų per protingą terminą nepašalina arba trūkumai yra esminiai ir nepašalinami, užsakovas turi teisę nutraukti sutartį ir reikalauti atlyginti nuostolius.

4. Rangos sutarties sąlygos, panaikinančios rangovo atsakomybę už tam tikrus trūkumus, neatleidžia jo nuo atsakomybės, jeigu užsakovas įrodo, kad trūkumai atsirado dėl rangovo tyčios ar didelio neatsargumo.

5. Jeigu darbas buvo atliekamas iš rangovo medžiagos, už medžiagų kokybę rangovas atsako kaip pardavėjas pagal pirkimo–pardavimo sutartį.

6.666 straipsnis. Terminas darbų trūkumams nustatyti 1. Jeigu įstatymas ar rangos sutartis nenustato ko kita, užsakovas turi teisę pareikšti

reikalavimus dėl darbų rezultato trūkumų su sąlyga, jei jie buvo nustatyti per šiame straipsnyje nustatytus terminus.

2. Kai nėra nustatytas garantinis terminas, darbų rezultato trūkumai turi būti nustatyti per protingą terminą, bet ne ilgesnį kaip dveji metai nuo darbų rezultato perdavimo, jeigu įstatymas ar rangos sutartis nenustato kitokio termino.

3. Užsakovas turi teisę pareikšti reikalavimus dėl darbų rezultato trūkumų, kurie buvo nustatyti per garantinį terminą.

4. Jeigu sutartis nustato trumpesnį nei dvejų metų garantinį terminą, o trūkumus užsakovas nustatė jau pasibaigus garantiniam terminui, bet nepraėjus dvejiems metams nuo darbų rezultato perdavimo momento, rangovas atsako už šiuos trūkumus, jei užsakovas įrodo, kad trūkumai atsirado iki darbų rezultato perdavimo užsakovui momento arba dėl priežasčių, atsiradusių iki šio momento.

5. Jeigu rangos sutartis nenustato ko kita, garantinis terminas pradedamas skaičiuoti nuo to momento, kai darbų rezultatą priėmė arba turėjo priimti užsakovas.

6. Garantiniam terminui skaičiuoti taikomos šio kodekso 6.335 straipsnio 2–6 dalyse nustatytos taisyklės, jeigu ko kita nenustato įstatymai, rangos sutartis ar kitokia išvada nedarytina atsižvelgiant į konkrečios rangos sutarties esmę.

6.667 straipsnis. Senaties terminas 1. Reikalavimams, kylantiems dėl atliktų darbų trūkumų, nustatomas vienerių metų

ieškinio senaties terminas, išskyrus šio kodekso nustatytas išimtis. 2. Jeigu pagal rangos sutartį darbų rezultatas buvo priimtas dalimis, ieškinio senaties

terminas prasideda priėmus visą darbų rezultatą. 3. Kai įstatymas ar rangos sutartis nustato garantinį terminą ir apie trūkumus buvo

pareikšta per šį garantinį terminą, ieškinio senaties terminas prasideda nuo pareiškimo apie trūkumus dienos.

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6.668 straipsnis. Rangovo pareiga perduoti užsakovui informaciją Rangovas privalo kartu su darbų rezultatu perduoti užsakovui informaciją apie rangos

sutarties dalyko naudojimą, jeigu tokia rangovo pareiga nustatyta rangos sutartyje arba informacijos pobūdis yra toks, kad be jos neįmanoma naudoti darbų rezultato pagal sutartyje nustatytą paskirtį.

6.669 straipsnis. Šalių konfidencialumo pareiga Jeigu šalis, vykdydama rangos sutartį, gavo iš kitos šalies informaciją, esančią komercine

paslaptimi, arba kitokią sutartyje numatytą konfidencialią informaciją, tai ji neturi teisės suteikti šios informacijos tretiesiems asmenims be kitos šalies sutikimo.

6.670 straipsnis. Turto grąžinimas užsakovui Kai užsakovas nutraukia rangos sutartį remdamasis šio kodekso 6.658 straipsnio 2 dalyje

ir 6.665 straipsnio 3 dalyje nustatytais pagrindais, rangovas privalo grąžinti užsakovui jo perduotas medžiagas ir kitokį turtą, o jeigu to padaryti neįmanoma, – atlyginti jų vertę pinigais.

6.671 straipsnis. Rangos sutarties nutraukimo iki darbų rezultato perdavimo ir priėmimo teisinės pasekmės

Jeigu įstatymo ar sutarties nustatytu pagrindu rangos sutartis nutraukiama iki darbų rezultato priėmimo, užsakovas turi teisę reikalauti perduoti jam atliktų darbų rezultatą, o rangovas turi teisę tokiu atveju reikalauti apmokėti už faktiškai atliktus darbus.

ANTRASIS SKIRSNIS VARTOJIMO RANGA

6.672 straipsnis. Vartojimo rangos sutarties samprata 1. Pagal vartojimo rangos sutartį rangovas, kuris verčiasi tam tikru verslu, įsipareigoja

pagal fizinio asmens (vartotojo) užsakymą atlikti tam tikrą darbą, skirtą tenkinti buitinius ar asmeninius užsakovo ar jo šeimos poreikius, o užsakovas įsipareigoja priimti darbo rezultatą ir už jį sumokėti.

2. Vartojimo rangos sutarčiai mutatis mutandis taikomos šio kodekso 6.188, 6.350–6.370 straipsniuose nustatytos taisyklės.

3. Vartojimo rangos santykiams, kurių šio kodekso normos nenustato, taikomi vartotojų teisių gynimo ir kiti su šių teisių gynimu susiję įstatymai.

6.673 straipsnis. Užsakovo garantijos 1. Rangovas neturi teisės reikalauti, kad į vartojimo rangos sutartį būtų įtraukti papildomas

darbas ar paslaugos. Užsakovas turi teisę atsisakyti apmokėti darbus ar paslaugas, kurie nebuvo numatyti sutartyje.

2. Užsakovas bet kada iki darbo rezultato priėmimo gali nutraukti sutartį, sumokėdamas dalį nustatytos kainos, proporcingą atliktam darbui.

6.674 straipsnis. Informacijos apie siūlomą darbą suteikimas užsakovui 1. Rangovas iki sutarties sudarymo privalo suteikti užsakovui būtiną ir teisingą informaciją

apie siūlomus darbus, jų rūšis, kainą, apmokėjimo formą, taip pat, jeigu užsakovas paprašo, kitus su sutartimi ir atliekamu darbu susijusius duomenis. Jeigu pagal atliekamų darbų pobūdį tai yra reikšminga, rangovas privalo nurodyti užsakovui konkretų asmenį, kuris atliks sutartyje numatytą darbą.

2. Užsakovas turi teisę nutraukti sutartį neapmokėdamas už atliktus darbus bei reikalauti atlyginti nuostolius, jei dėl rangovo pateiktos informacijos nepakankamumo ar netikslumo buvo sudaryta sutartis atlikti darbą, pagal savo savybes neatitinkantį, ką užsakovas turėjo omenyje.

6.675 straipsnis. Darbų atlikimas iš rangovo medžiagos

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1. Jeigu darbai atliekami iš rangovo medžiagos, užsakovas sutarties sudarymo metu sumoka visą ar dalį medžiagos kainos, nustatytos sutartyje, o galutinai atsiskaito su rangovu atlikus darbą.

2. Rangos sutartyje gali būti nustatyta, kada rangovas suteikia medžiagą kreditan, taip pat kad užsakovas už medžiagą sumokės išsimokėtinai.

3. Jeigu po rangos sutarties sudarymo medžiagos kaina pasikeičia, rangovas neturi teisės reikalauti ją perskaičiuoti.

6.676 straipsnis. Darbų kaina ir apmokėjimas 1. Darbų kaina nustatoma rangos šalių susitarimu. 2. Užsakovas privalo sumokėti darbų kainą po to, kai rangovas perdavė darbų rezultatą.

Jeigu užsakovas sutinka, darbų kaina arba avansas gali būti sumokėti sutarties sudarymo metu arba vėliau šalių sutartu laiku.

6.677 straipsnis. Rangovo pareiga įspėti užsakovą apie darbų rezultato naudojimo sąlygas

Rangovas, perduodamas darbų rezultatą užsakovui, privalo įspėti užsakovą apie darbų rezultato naudojimo sąlygas ir nurodyti užsakovui reikalavimus, kurių būtina laikytis naudojant darbų rezultatą, bei galimas tokių reikalavimų nesilaikymo pasekmes užsakovui ir kitiems asmenims.

6.678 straipsnis. Darbų trūkumų nustatymo teisinės pasekmės 1. Darbų rezultato priėmimo metu arba jo naudojimo metu nustačius darbų rezultato

trūkumus, užsakovas turi per šio kodekso 6.666 straipsnyje nustatytus terminus savo pasirinkimu pareikšti vieną iš šio kodekso 6.665 straipsnyje numatytų reikalavimų arba reikalauti pakartotinai ir neatlygintinai atlikti darbus arba atlyginti trūkumų šalinimo išlaidas.

2. Reikalavimą dėl neatlygintino trūkumų pašalinimo, kai trūkumai gali kelti grėsmę užsakovo ar kitų asmenų gyvybei ar sveikatai, užsakovas ar jo teisių perėmėjai turi teisę pareikšti per du, o jeigu sutarties dalyku buvo pastatas, įrenginys ar kitoks statinys, – per dešimt metų nuo darbų rezultato priėmimo momento, jeigu įstatymai ar sutartis nenustato ilgesnio termino. Šis reikalavimas gali būti pareikštas nepaisant to, kada išaiškėjo trūkumai, taip pat, jei jie buvo nustatyti pasibaigus garantiniam laikui.

3. Jeigu rangovas nevykdo šio straipsnio 2 dalyje numatyto užsakovo reikalavimo, užsakovas turi teisę per tą patį terminą reikalauti arba grąžinti dalį už darbą sumokėtos kainos, arba atlyginti trūkumų šalinimo išlaidas.

6.679 straipsnis. Užsakovo neatvykimo atsiimti darbų rezultato teisinės pasekmės 1. Jeigu užsakovas neatvyksta atsiimti darbų rezultato arba kitaip vengia priimti atliktą

darbą, tai rangovas privalo raštu įspėti užsakovą apie jo pareigą atsiimti darbų rezultatą. 2. Jeigu užsakovas neatsiima darbų rezultato praėjus dviem mėnesiams nuo šio straipsnio

1 dalyje numatyto įspėjimo, rangovas turi teisę parduoti sutarties dalyką už protingą kainą, o gautą sumą, atsiskaitęs sau priklausančias sumas, sumokėti užsakovo vardu į užsakovo gyvenamosios vietos notaro, banko ar kitos kredito įstaigos depozitinę sąskaitą.

6.680 straipsnis. Užsakovo teisės, kai rangovas neatlieka ar netinkamai atlieka sutartyje numatytą darbą

Jeigu rangovas neatlieka ar netinkamai atlieka vartojimo rangos sutartyje numatytą darbą, užsakovas turi teisę pasinaudoti šio kodekso 6.334 straipsnyje numatytomis pirkėjo teisėmis.

TREČIASIS SKIRSNIS STATYBOS RANGA

6.681 straipsnis. Statybos rangos sutarties samprata 1. Statybos rangos sutartimi rangovas įsipareigoja per sutartyje nustatytą terminą pastatyti

pagal užsakovo užduotį statinį arba atlikti kitus statybos darbus, o užsakovas įsipareigoja sudaryti

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rangovui būtinas statybos darbams atlikti sąlygas, priimti darbų rezultatą ir sumokėti sutartyje nustatytą kainą.

2. Statybos rangos sutartis sudaroma įmonių, pastatų, gyvenamųjų namų ir kitokių statinių statybai ar rekonstrukcijai, taip pat montavimo, paleidimo ar kitokiems darbams atlikti. Šio skirsnio normos taikomos ir pastatų ar įrenginių kapitalinio remonto darbams, jeigu sutartis nenustato ko kita.

3. Statybos rangos sutartyje gali būti numatyta rangovo pareiga užtikrinti pastatyto objekto aptarnavimą po jo priėmimo per sutartyje nustatytą terminą.

4. Jeigu pagal statybos rangos sutartį darbai atliekami fizinio asmens (vartotojo) asmeniniams, šeimos ar namų ūkio poreikiams, nesusijusiems su jo verslu ar profesija, tenkinti, sutarčiai taikomos vartojimo rangos sutarties taisyklės.

6.682 straipsnis. Rizikos paskirstymas šalims 1. Statybos objekto arba jo dalies atsitiktinio žuvimo ar sugedimo rizika, kol jį priims

užsakovas, tenka rangovui. 2. Jeigu statybos objektas ar jo dalis iki priėmimo žūva ar sugadinamas dėl užsakovo

pateiktų medžiagų, detalių ar konstrukcijų netinkamos kokybės arba dėl užsakovo neteisingų nurodymų vykdymo, rangovas turi teisę reikalauti sumokėti jam visą sutartyje nustatytą darbų kainą, kai rangovas įvykdė šio kodekso 6.659 straipsnio 1 dalyje nustatytas pareigas. Jeigu užsakovas nevykdo rangovo prašymų pakeisti medžiagas, detales, konstrukcijas ar nurodymus, dėl kurių gali kilti grėsmė aplinkiniams ar būtų iš esmės pažeisti statybos dokumentuose nurodyti normatyvai, rangovas privalo sutartį nutraukti.

6.683 straipsnis. Statybos objekto draudimas 1. Statybos rangos sutartis gali nustatyti šalies, kuriai tenka objekto atsitiktinio žuvimo ar

sugadinimo rizika, pareigą apdrausti statybos objektą, medžiagas ar kitokį turtą, naudojamą statybos procese, taip pat pareigą apdrausti tos šalies civilinę atsakomybę už kitiems asmenims padarytą žalą.

2. Šalis, privalanti drausti statybos objektą ar savo civilinę atsakomybę, turi pateikti kitai šaliai per sutartyje nustatytus terminus draudimo sutarties sudarymo įrodymus, taip pat nurodyti draudimo įmonę, draudimo sumą ir pagrindines draudimo sąlygas.

6.684 straipsnis. Normatyviniai statybos dokumentai ir sąmata 1. Rangovas privalo vykdyti statybos darbus pagal normatyvinių statybos dokumentų

nustatytus reikalavimus ir sutartį (sutarties dokumentus), kurioje nustatyta darbų kaina bei statinio (darbų) kokybės reikalavimai.

2. Sutartyje privalo būti nurodyta su ja susijusių dokumentų sudėtis (normatyviniai statybos dokumentai). Sutartyje taip pat privalo būti nurodyta, kuri šalis ir per kokius terminus turi pateikti tam tikrus normatyvinius statybos dokumentus.

3. Jeigu statybos rangos sutartis nenustato ko kita, pripažįstama, kad rangovas privalo pats atlikti visus darbus, numatytus normatyviniuose statybos dokumentuose.

4. Rangovas, statybos metu padaręs išvadą, kad reikalingi normatyviniuose statybos dokumentuose nenumatyti darbai, dėl kurių būtina atlikti papildomus statybos darbus ir atitinkamai padidinti sutarties kainą, privalo apie tai pranešti užsakovui. Jeigu rangovas negauna užsakovo atsakymo į savo pranešimą per sutartyje nustatytą terminą, o jeigu terminas sutartyje nenustatytas, – per protingą terminą, tai rangovas turi teisę sustabdyti tų darbų atlikimą. Šiuo atveju nuostolius dėl darbų atlikimo sustabdymo turi atlyginti užsakovas, išskyrus atvejus, kai jis įrodo, kad papildomus darbus atlikti nebuvo būtina.

5. Rangovas, neįvykdęs šio straipsnio 4 dalyje nustatytos pareigos, netenka teisės reikalauti iš užsakovo apmokėti atliktų papildomų darbų vertę ir atlyginti dėl to turėtus nuostolius, jeigu neįrodo, kad jo neatidėliotini veiksmai atitiko užsakovo interesus, o dėl statybos darbų sustabdymo statybos objektas būtų žuvęs ar buvęs sugadintas.

6.685 straipsnis. Sutarties dokumentų pakeitimas 1. Užsakovas turi teisę daryti pakeitimus sutarties dokumentuose, jeigu papildomų darbų,

kuriuos reikia atlikti dėl šių pakeitimų, kaina neviršija penkiolikos procentų sutartyje numatytos

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bendros statybos darbų kainos ir jeigu šie pakeitimai nepakeičia sutartyje numatytų statybos darbų pobūdžio. Šalys gali sutartyje numatyti ir kitokias sutarties dokumentų pakeitimo sąlygas.

2. Rangovas turi teisę reikalauti perskaičiuoti sutarties kainą, jeigu dėl ne nuo jo priklausančių aplinkybių faktiška statybos darbų kaina padidėjo daugiau kaip penkiolika procentų (šio kodekso 6.204 straipsnis).

3. Rangovas turi teisę reikalauti atlyginti protingas išlaidas, padarytas dėl sutarties dokumentų defektų nustatymo ir pašalinimo.

6.686 straipsnis. Statybos aprūpinimas medžiagomis ir įrengimais 1. Statybą aprūpinti medžiagomis, įrengimais, detalėmis ir kitokiomis konstrukcijomis

privalo rangovas, jeigu statybos rangos sutartis nenustato, kad tą daryti yra užsakovo pareiga. 2. Šalis, kuri privalo aprūpinti statybą medžiagomis ir įrengimais, atsako už jų defektus,

dėl kurių tų medžiagų ar įrengimų negalima naudoti nepabloginant statybos darbų kokybės, jeigu neįrodo, kad tų medžiagų ar įrengimų negalima panaudoti dėl aplinkybių, už kurias atsako kita šalis.

3. Jeigu defektai, numatyti šio straipsnio 2 dalyje, yra nustatyti užsakovo pateiktose medžiagose ar įrengimuose ir užsakovas atsisako juos pakeisti, rangovas privalo nutraukti sutartį ir pareikalauti apmokėti už faktiškai atliktus darbus.

4. Rangovas neturi teisės naudoti užsakovo pateiktų medžiagų savo poreikiams, jeigu rangos sutartis nenumato ko kita.

6.687 straipsnis. Darbų apmokėjimas 1. Užsakovas privalo apmokėti už atliktus statybos darbus statybos rangos sutartyje

nustatytais terminais ir tvarka. 2. Šalys gali susitarti, kad darbai bus apmokami etapais arba visa sutarties kaina bus

sumokėta po objekto priėmimo.

6.688 straipsnis. Kitos užsakovo pareigos 1. Užsakovas privalo laiku suteikti žemės sklypą statybai (statybvietę). Statybai

suteikiamo žemės sklypo dydis ir būklė turi atitikti statybos rangos sutarties nustatytas sąlygas bei leisti rangovui laiku pradėti tinkamai vykdyti ir laiku užbaigti statybą.

2. Sutartyje numatytais atvejais ir tvarka užsakovas taip pat privalo perduoti rangovui naudotis pastatus ar įrenginius, teikti krovinių vežimo paslaugas, įrengti laikinus energijos ar vandens tiekimo tinklus, gauti reikalingus leidimus, suteikiančius teisę atlikti rangovui tam tikrus darbus, bei teikti kitas sutartyje numatytas paslaugas.

3. Šio straipsnio 2 dalyje numatytos paslaugos apmokamos statybos rangos sutartyje numatytais atvejais ir tvarka.

6.689 straipsnis. Užsakovo teisė kontroliuoti ir prižiūrėti statybos darbus 1. Užsakovas turi teisę kontroliuoti ir prižiūrėti atliekamų statybos darbų eigą ir kokybę,

statybos darbų grafiko laikymąsi, rangovo tiekiamų medžiagų kokybę, užsakovo perduodamų medžiagų naudojimą. Įgyvendindamas šią teisę užsakovas neturi teisės kištis į rangovo ūkinę komercinę veiklą.

2. Užsakovas, nustatęs nukrypimus nuo sutarties sąlygų, kurie gali pabloginti statybos darbų kokybę, ar kitus trūkumus, privalo apie tai nedelsdamas pranešti rangovui. Užsakovas, nepranešęs apie pastebėtus trūkumus, netenka teisės jais remtis ateityje.

3. Rangovas privalo vykdyti statybos metu gautus užsakovo nurodymus, jeigu šie nurodymai neprieštarauja statybos rangos sutarties sąlygoms ir normatyviniams statybos dokumentams bei nėra kišimasis į rangovo ūkinę komercinę veiklą.

4. Rangovas, netinkamai vykdęs sutartį, neturi teisės remtis ta aplinkybe, kad užsakovas nevykdė statybos darbų kontrolės ir priežiūros, išskyrus atvejus, kai tokios kontrolės ir priežiūros pareigą užsakovui nustato įstatymas ar sutartis.

6.690 straipsnis. Projektuotojo ir kitų institucijų dalyvavimas užsakovui vykdant savo pareigas ir įgyvendinant teises

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1. Užsakovui vykdant savo pareigas bei įgyvendinant teises, susijusias su statybos priežiūra ir kontrole, taip pat dalyvauja projektuotojas ir kitos institucijos (inžinierius, konstruktorius, konsultantas ir kt.). Projektuotojo teisės ir pareigos, susijusios su statybos priežiūra ir kontrole, nustatomos užsakovo ir projektuotojo bei kitų institucijų sudarytoje sutartyje, taip pat statybos rangos sutartyje.

2. Statinių sąrašą, kurių autorinę statybos priežiūrą privalo vykdyti projektuotojai, nustato normatyviniai statybos dokumentai.

3. Įstatymai gali nustatyti privalomą projektų ekspertizę.

6.691 straipsnis. Statybos rangos sutarties šalių bendradarbiavimas 1. Statybos rangos sutarties šalys sutarties vykdymo metu privalo bendradarbiauti

(kooperavimosi pareiga). Jeigu kyla kliūčių, trukdančių tinkamai įvykdyti sutartį, kiekviena sutarties šalis privalo imtis visų nuo jos priklausančių protingų priemonių toms kliūtims pašalinti. Šalis, kuri šios pareigos neįvykdo, praranda teisę į nuostolių, padarytų dėl atitinkamų kliūčių nepašalinimo, atlyginimą.

2. Išlaidas, susijusias su šio straipsnio 1 dalyje numatytų kliūčių šalinimu, šaliai privalo atlyginti kita šalis statybos rangos sutartyje numatytais atvejais ir numatyto dydžio.

6.692 straipsnis. Rangovo pareigos, susijusios su aplinkos apsaugos ir darbų saugumo užtikrinimu

Rangovas, vykdydamas statybos bei su ja susijusius darbus, privalo laikytis įstatymų ir normatyvinių statybos dokumentų nustatytų aplinkos apsaugos ir darbų saugumo reikalavimų. Už šių reikalavimų pažeidimą atsako rangovas.

6.693 straipsnis. Statybos konservavimo teisinės pasekmės Jeigu dėl nuo šalių nepriklausančių priežasčių statybos darbai buvo sustabdyti, o statybos

objektas užkonservuotas, užsakovas privalo sumokėti už visus iki konservavimo atliktus darbus, taip pat atlyginti išlaidas, susijusias su darbų nutraukimu ir objekto konservavimu, įskaitant į jas naudą, kurią rangovas gavo ar galėjo gauti dėl darbų nutraukimo.

6.694 straipsnis. Darbų perdavimas ir priėmimas 1. Užsakovas, gavęs rangovo pranešimą apie pasirengimą perduoti atliktų darbų rezultatą

arba, jeigu tai numatyta sutartyje, apie įvykdytą darbų etapą, privalo nedelsdamas pradėti darbų priėmimą. Darbų perdavimo ir priėmimo sąlygas nustato įstatymai ir šalių sudaryta rangos sutartis.

2. Darbų priėmimą organizuoja ir atlieka užsakovas savo lėšomis, jeigu ko kita nenustato statybos rangos sutartis. Įstatymų ir normatyvinių statybos dokumentų numatytais atvejais priimant statybos darbų rezultatą dalyvauja atitinkamų valstybės ir savivaldybių institucijų atstovai.

3. Užsakovui, iš anksto priėmusiam atskiro darbų etapo rezultatą, pereina šio rezultato atsitiktinio žuvimo ar sugedimo rizika, išskyrus atvejus, kai tai įvyko dėl rangovo kaltės. Jeigu užsakovas pradeda naudotis statiniu iki jo priėmimo, statinio atsitiktinio žuvimo rizika tenka užsakovui, jei sutartis nenustato ko kita.

4. Darbų perdavimas ir priėmimas įforminamas aktu, kurį pasirašo dvi šalys. Jeigu viena iš šalių atsisako pasirašyti aktą, jame daroma žyma apie atsisakymą ir aktą pasirašo kita šalis. Vienašalis perdavimo aktas gali būti teismo pripažintas negaliojančiu, jeigu teismas pripažįsta, kad kita šalis atsisakė pasirašyti aktą pagrįstai.

5. Įstatymų ar statybos rangos sutarties numatytais atvejais, taip pat kai to reikalauja darbų pobūdis, prieš priimant darbų rezultatą turi būti atlikti bandymai bei kontroliniai matavimai. Tokiais atvejais darbai gali būti priimami tik esant teigiamiems bandymų bei kontrolinių matavimų rezultatams.

6. Užsakovas turi teisę atsisakyti priimti darbų rezultatą, jeigu nustatomi trūkumai, dėl kurių jo neįmanoma naudoti pagal statybos rangos sutartyje numatytą paskirtį ir jeigu šių trūkumų rangovas ar užsakovas negali pašalinti.

6.695 straipsnis. Rangovo atsakomybė už darbų kokybę

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1. Rangovas atsako užsakovui už nukrypimus nuo normatyvinių statybos dokumentų reikalavimų, taip pat už tai, kad nepasiekė šiuose dokumentuose ar sutartyje numatytų statybos darbų rodiklių (įmonės gamybinių pajėgumų, atsparumo ir kt.).

2. Kai statiniai ir įrenginiai rekonstruojami, rangovas atsako už statinio ar įrenginio patikimumo, patvarumo ar atsparumo sumažėjimą ar netekimą.

3. Rangovas neatsako už smulkius nukrypimus nuo normatyvinių statybos dokumentų reikalavimų, padarytus užsakovo sutikimu, jeigu įrodo, kad tie nukrypimai neturėjo įtakos statybos objekto kokybei ir nesukels neigiamų pasekmių.

6.696 straipsnis. Atsakomybė už statinio sugriuvimą 1. Už statinio sugriuvimą ir tuo padarytą žalą atitinkamai atsako rangovas, projektuotojas

ir statybos techninis prižiūrėtojas, jeigu objektas sugriuvo dėl projektavimo, konstrukcijų ar statybos darbų defektų ar netinkamo žemės grunto.

2. Projektuotojas arba statybos techninis prižiūrėtojas gali būti atleisti nuo atsakomybės, jeigu jie įrodo, kad objektas sugriuvo ne dėl jo projektavimo ar konstrukcinių defektų arba ne dėl nepakankamos statybos darbų priežiūros ar kontrolės, o dėl rangovo ar užsakovo kaltų veiksmų.

3. Rangovas gali būti atleistas nuo atsakomybės, jeigu įrodo, kad objektas sugriuvo dėl projektuotojo ar statybos techninio prižiūrėtojo, kuriuos pasirinko užsakovas, kaltės arba dėl užsakovo kaltų veiksmų.

4. Jeigu negalima nustatyti, dėl kurių konkrečiai iš šio straipsnio 1 dalyje numatytų asmenų kaltės statinys sugriuvo, jie visi atsako solidariai.

6.697 straipsnis. Darbų kokybės garantija 1. Rangovas, jeigu ko kita nenustato statybos rangos sutartis, per visą garantinį laiką

užtikrina, kad statybos objektas atitinka normatyvinių statybos dokumentų nustatytus rodiklius ir yra tinkamas naudoti pagal sutartyje nustatytą paskirtį.

2. Sutarties šalys turi teisę įstatymų nustatytą garantinį terminą savo susitarimu pratęsti. 3. Rangovas, projektuotojas ir statybos techninis prižiūrėtojas atsako už defektus,

nustatytus per garantinį terminą, jeigu neįrodo, kad jie atsirado dėl objekto ar jo dalių normalaus susidėvėjimo, jo netinkamo naudojimo ar užsakovo arba jo pasamdytų asmenų netinkamai atlikto remonto arba dėl užsakovo ar jo pasamdytų asmenų kitokių kaltų veiksmų.

4. Garantinis terminas sustabdomas tiek laiko, kiek objektas negalėjo būti naudojamas dėl nustatytų defektų, už kuriuos atsako rangovas.

5. Užsakovas, per garantinį laiką nustatęs objekto defektus, privalo per protingą terminą nuo jų nustatymo pareikšti pretenziją rangovui.

6.698 straipsnis. Garantiniai terminai 1. Rangovas, projektuotojas ar statybos techninis prižiūrėtojas atsako už objekto

sugriuvimą ar defektus, jeigu objektas sugriuvo ar defektai buvo nustatyti per: 1) penkerius metus; 2) dešimt metų – esant paslėptų statinio elementų (konstrukcijų, vamzdynų ir kt.); 3) dvidešimt metų – esant tyčia paslėptų defektų. 2. Šio straipsnio 1 dalyje nustatyti terminai pradedami skaičiuoti nuo darbų rezultato

atidavimo naudoti dienos.

6.699 straipsnis. Darbų trūkumų pašalinimas užsakovo lėšomis 1. Statybos rangos sutartyje gali būti nustatyta rangovo pareiga užsakovo prašymu ir

užsakovo lėšomis pašalinti darbų trūkumus, už kuriuos rangovas neatsako. 2. Rangovas turi teisę atsisakyti vykdyti šio straipsnio 1 dalyje numatytą pareigą, jeigu

trūkumų šalinimas nėra tiesiogiai susijęs su statybos rangos dalyku arba jie negali būti pašalinti dėl nepriklausančių nuo rangovo priežasčių.

KETVIRTASIS SKIRSNIS PROJEKTAVIMO IR TYRINĖJIMO DARBŲ RANGA

6.700 straipsnis. Projektavimo ir tyrinėjimo darbų rangos sutarties samprata

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Projektavimo ir tyrinėjimo darbų sutartimi rangovas (projektuotojas, tyrinėtojas) įsipareigoja atlikti pagal užsakovo užduotį tyrinėjimo ir projektavimo darbus, parengti techninius dokumentus ar sukurti kitokį darbų rezultatą ir perduoti jį užsakovui, o užsakovas įsipareigoja priimti darbų rezultatą ir sumokėti už atliktą darbą.

6.701 straipsnis. Projektavimo ir tyrinėjimo darbų užduotis 1. Užsakovas privalo perduoti rangovui sutartyje nustatytais terminais ir tvarka

projektavimo ir tyrinėjimo darbų užduotį bei kitus techniniams dokumentams parengti būtinus duomenis. Užduotį ir kitus pradinius duomenis užsakovo pavedimu gali parengti ir rangovas. Tokiu atveju užduotis tampa privaloma abiem šalims nuo to momento, kai ją patvirtina užsakovas.

2. Rangovas privalo atlikti darbus pagal užduoties ir kitų pradinių duomenų nustatytus reikalavimus ir gali nuo jų nukrypti tik jeigu užsakovas sutinka.

6.702 straipsnis. Rangovo pareigos 1. Rangovas privalo: 1) atlikti projektavimo ir tyrinėjimo darbus pagal sutarties, užduoties ir kitų pradinių

duomenų nustatytus reikalavimus; 2) parengtus techninius dokumentus suderinti normatyvinių statybos dokumentų nustatyta

tvarka su užsakovu, o įstatymo numatytais atvejais – su atitinkamomis valstybės ar savivaldybių institucijomis, arba atlikti jų ekspertizę;

3) atlikdamas darbus ir derindamas parengtus techninius dokumentus, bendradarbiauti su užsakovu;

4) sutartyje nustatytais terminais ir tvarka parengtus techninius dokumentus ar tyrinėjimo darbų rezultatus perduoti užsakovui;

5) saugoti užsakovo komercines paslaptis bei kitą konfidencialią informaciją. 2. Rangovas neturi teisės be užsakovo sutikimo perduoti darbų rezultato tretiesiems

asmenims. 3. Rangovas privalo garantuoti užsakovui, kad tretieji asmenys neturi teisės uždrausti ar

kliudyti atlikti projektavimo ar tyrinėjimo darbus arba uždrausti ar kliudyti atlikti darbus pagal rangovo parengtus techninius dokumentus.

6.703 straipsnis. Rangovo atsakomybė už darbų kokybę 1. Projektuotojas (tyrinėtojas) atsako už netinkamą techninių dokumentų parengimą ar

tyrinėjimo darbų atlikimą, taip pat už statinio statybos darbų perdirbimą dėl netinkamai atliktų projektavimo (tyrinėjimo) darbų arba netinkamai parengtų techninių dokumentų bei už darbų (dokumentų) trūkumus, kurie buvo nustatyti darbų pagal parengtus techninius dokumentus vykdymo metu ar priimant tyrinėjimo darbų rezultatą, ar naudojant šių darbų pagrindu sukurtą objektą.

2. Jeigu nustatomi techninių dokumentų ar tyrinėjimo darbų trūkumai, rangovas privalo užsakovo reikalavimu neatlygintinai ištaisyti techninių dokumentų trūkumus ar iš naujo atlikti tyrinėjimo darbus bei atlyginti užsakovui nuostolius, jeigu rangos sutartis nenustato ko kita.

3. Įstatymai gali nustatyti privalomą projektų ekspertizę.

6.704 straipsnis. Užsakovo pareigos Užsakovas pagal projektavimo ir tyrinėjimo darbų rangos sutartį privalo: 1) sumokėti rangovui sutartyje nustatytą kainą užbaigus visus darbus iš karto arba dalimis

už sutartyje numatytus ir atliktus darbų etapus; 2) iš rangovo gautą darbų rezultatą naudoti tik sutartyje numatytais tikslais, neperduoti jo

tretiesiems asmenims ir be rangovo sutikimo neskelbti darbų rezultato duomenų; 3) atliekant darbus ir derinant parengtus techninius dokumentus, bendradarbiauti su

rangovu; 4) atlyginti rangovui papildomas išlaidas, susijusias su užduoties ar pradinių duomenų

pakeitimu, jeigu pakeitimai buvo padaryti dėl nepriklausančių nuo rangovo aplinkybių; 5) įtraukti į bylą trečiuoju asmeniu rangovą, jeigu užsakovui tretieji asmenys pareiškia

ieškinį dėl techninių dokumentų ar projektavimo ir tyrinėjimo darbų trūkumų.

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PENKTASIS SKIRSNIS RANGOS DARBAI, FINANSUOJAMI IŠ VALSTYBĖS

AR SAVIVALDYBIŲ BIUDŽETO

6.705 straipsnis. Statybos ir projektavimo darbų atlikimas valstybės ar savivaldybių reikmėms

1. Statybos, projektavimo ar tyrinėjimo darbai, taip pat architektūrinė ir inžinerinė veikla bei su ja susijusios techninės konsultacijos valstybės ar savivaldybių reikmėms, kurie finansuojami iš valstybės ar savivaldybių biudžetų, vykdomi pagal rangos sutartis, sudaromas konkurso tvarka, išskyrus įstatymų nustatytas išimtis.

2. Šio straipsnio 1 dalyje numatytoms rangos sutartims atitinkamai taikomos šio kodekso normos, jeigu kiti įstatymai nenustato ko kita.

6.706 straipsnis. Konkurso tvarka sudaromos rangos sutarties turinys Jeigu rangos sutartis buvo sudaryta konkurso tvarka, sutarties turinys nustatomas pagal

paskelbtas konkurso sąlygas ir konkurso metu pateiktus rangovo, laimėjusio konkursą, pasiūlymus.

XXXIV SKYRIUS MOKSLINIO TYRIMO, BANDOMIEJI, KONSTRAVIMO

IR TECHNOLOGINIAI DARBAI

6.707 straipsnis. Mokslinio tyrimo, bandomųjų, konstravimo ir technologinių darbų atlikimo sutarties samprata

1. Pagal mokslinio tyrimo darbų atlikimo sutartį viena šalis (vykdytojas) įsipareigoja pagal kitos šalies (užsakovo) techninę užduotį atlikti mokslinius tyrimus, o pagal bandomųjų, konstravimo ar technologinių darbų sutartį – parengti naujo gaminio pavyzdį arba jo gamybos konstrukcijos dokumentus ar naują technologiją, o užsakovas įsipareigoja priimti darbą ir už jį sumokėti.

2. Sutartis su vykdytoju gali būti sudaroma visiems darbams arba tik atskiriems jų etapams (elementams).

3. Jeigu sutartis nenustato ko kita, atsitiktinio negalėjimo įvykdyti sutartį rizika tenka užsakovui.

4. Sutarties sąlygos turi atitikti šio kodekso ir kitų įstatymų nustatytas normas dėl intelektinės nuosavybės.

6.708 straipsnis. Darbų atlikimas 1. Vykdytojas mokslinio tyrimo darbus privalo atlikti pats. Pasitelkti trečiuosius asmenis

mokslinio tyrimo darbams pagal sutartį atlikti vykdytojas turi teisę tik gavęs užsakovo rašytinį sutikimą.

2. Atlikdamas bandomuosius, konstravimo ar technologinius darbus, vykdytojas turi teisę pasitelkti trečiuosius asmenis, jeigu sutartis nenustato ko kita. Vykdytojo santykiams su trečiaisiais asmenimis atitinkamai taikomas šio kodekso 6.650 straipsnis.

6.709 straipsnis. Informacijos konfidencialumas 1. Jeigu sutartis nenustato ko kita, abi šalys privalo užtikrinti informacijos, susijusios su

sutarties dalyku, sutarties vykdymu ir gautais rezultatais, konfidencialumą. Kokia informacija yra konfidenciali, šalys nustato sutartyje.

2. Informaciją, kuri pagal sutartį yra konfidenciali, šalis gali skelbti tik kitos šalies sutikimu.

6.710 straipsnis. Šalių teisės į darbų rezultatus 1. Atliktų darbų rezultatus sutarties šalys turi teisę naudoti tiek, kiek sutartyje nustatyta, ir

sutartyje nustatytomis sąlygomis. 2. Jeigu sutartis nenustato ko kita, užsakovas turi teisę naudoti jam perduotus darbų

rezultatus, o vykdytojas turi teisę naudoti gautus darbų rezultatus savo reikmėms.

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6.711 straipsnis. Vykdytojo pareigos Vykdytojas pagal mokslinio tyrimo, bandomųjų, konstravimo ar technologinių darbų

atlikimo sutartį privalo: 1) darbus atlikti pagal suderintą su užsakovu techninę užduotį ir sutartyje nustatytu laiku

perduoti darbų rezultatus užsakovui; 2) suderinti su užsakovu įstatymo saugomų intelektinės veiklos rezultatų, priklausančių

tretiesiems asmenims, panaudojimo būtinumą bei teisių į jų naudojimą įsigijimą; 3) savo jėgomis ir lėšomis pašalinti dėl savo kaltės padarytus darbų trūkumus,

pažeidžiančius sutarties ar techninės užduoties sąlygas; 4) nedelsdamas pranešti užsakovui, kad negali gauti norimų rezultatų arba kad darbus tęsti

netikslinga; 5) garantuoti užsakovui, kad jam perduodami atliktų darbų rezultatai nepažeidžia kitų

asmenų išimtinių teisių.

6.712 straipsnis. Užsakovo pareigos 1. Užsakovas privalo perduoti vykdytojui sutartyje numatytą būtiną darbams atlikti

informaciją, priimti atliktų darbų rezultatus ir juos apmokėti. 2. Sutartyje gali būti nustatyta užsakovo pareiga perduoti vykdytojui techninę užduotį ir

suderinti su vykdytoju darbų programą ar tematiką.

6.713 straipsnis. Negalėjimas gauti norimų rezultatų atliekant mokslinio tyrimo darbus

Jeigu atliekant mokslinio tyrimo darbus paaiškėja, kad norimų rezultatų neįmanoma gauti dėl nepriklausančių nuo vykdytojo aplinkybių, užsakovas privalo sumokėti vykdytojui už darbus, kurie buvo atlikti iki tokio paaiškėjimo momento, bet ne daugiau kaip atitinkamą sutartyje nustatytos darbų kainos dalį.

6.714 straipsnis. Negalėjimas tęsti bandymų, konstravimo ar technologinių darbų Jeigu atliekant bandymus, konstravimo ar technologinius darbus paaiškėja, kad ne dėl

vykdytojo kaltės neįmanoma ar netikslinga jų tęsti, užsakovas privalo sumokėti vykdytojui sutartyje nustatytos kainos dalį, proporcingą atliktų darbų daliai, taip pat apmokėti kitas protingas išlaidas, kurias rangovas yra padaręs norėdamas įvykdyti šį darbą.

6.715 straipsnis. Vykdytojo atsakomybė už sutarties pažeidimą 1. Vykdytojas atsako užsakovui už sutarties pažeidimą, jeigu neįrodo, kad sutartis buvo

pažeista ne dėl vykdytojo kaltės. 2. Vykdytojas privalo atlyginti užsakovui dėl darbų trūkumų padarytus nuostolius pagal

atliktų darbų vertę, jeigu sutartis nustato, kad nuostoliai atlyginami pagal atliktų darbų vertę. Negautos pajamos atlyginamos tik sutartyje numatytais atvejais.

XXXV SKYRIUS ATLYGINTINŲ PASLAUGŲ TEIKIMAS

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

6.716 straipsnis. Paslaugų sutarties samprata 1. Paslaugų sutartimi viena šalis (paslaugų teikėjas) įsipareigoja pagal kitos šalies (kliento)

užsakymą suteikti klientui tam tikras nematerialaus pobūdžio (intelektines) ar kitokias paslaugas, nesusijusias su materialaus objekto sukūrimu (atlikti tam tikrus veiksmus arba vykdyti tam tikrą veiklą), o klientas įsipareigoja už suteiktas paslaugas sumokėti.

2. Šio skyriaus nuostatos taikomos tik tokioms paslaugoms, kai tarp paslaugų teikėjo ir kliento neatsiranda darbo ar kitokių pavaldumo (subordinacijos) santykių.

3. Šio skyriaus normų nustatytos taisyklės taikomos teikiant audito, konsultacinių, asmens sveikatos priežiūros, veterinarijos, informacijos, mokymo, turizmo ar kitokias atlygintinas

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paslaugas, išskyrus paslaugas, teikiamas pagal šios knygos XXXIII, XXXIV, XXXVI, XXXVIII, XL, XLI, XLII, XLIV, XLVI, XLVII, L skyriuose nustatytas taisykles.

4. Kai klientas yra fizinis asmuo vartotojas, paslaugų sutarčiai mutatis mutandis taikomos šio kodekso 6.188, 6.350–6.370 straipsnių taisyklės.

5. Atskirų rūšių atlygintinoms paslaugoms kiti įstatymai gali nustatyti papildomus reikalavimus, nenumatytus šiame skyriuje.

6.717 straipsnis. Paslaugų sutarties vykdymas 1. Jeigu paslaugų sutartis nenustato ko kita, paslaugų teikėjas privalo paslaugas teikti pats. 2. Laikydamasis sutarties, paslaugų teikėjas turi teisę laisvai pasirinkti sutarties įvykdymo

būdus ir priemones. 3. Jeigu sutartis nenustato ko kita, paslaugų teikėjas gali pasitelkti sutarčiai vykdyti

trečiuosius asmenis. Tačiau ir šiuo atveju už tinkamą sutarties įvykdymą klientui atsako paslaugų teikėjas.

4. Kai paslaugas teikia keli asmenys, už tinkamą sutarties įvykdymą atsako visi paslaugų teikėjai, išskyrus atvejus, kai dėl sutarties neįvykdymo ar netinkamo įvykdymo kurio nors vieno iš jų kaltės nėra.

6.718 straipsnis. Kliento interesų prioritetas 1. Teikdamas paslaugas paslaugų teikėjas privalo veikti sąžiningai ir protingai, kad tai

labiausiai atitiktų kliento interesus. 2. Atsižvelgiant į paslaugų rūšį, paslaugų teikėjas teikdamas paslaugas turi veikti

laikydamasis nusistovėjusios praktikos ir atitinkamos profesijos standartų. 3. Paslaugų teikėjas privalo teikti paslaugas pagal sutarties sąlygas ir kliento nurodymus.

Jei kliento nurodymai prieštarauja įstatymams, nusistovėjusioms profesinės veiklos taisyklėms, standartams, profesinės veiklos etikai ar sutarties sąlygoms, paslaugų teikėjas turi teisę atsisakyti vykdyti tokius nurodymus ir sutartį nutraukti.

4. Paslaugų teikėjas turi teisę nukrypti nuo sutarties sąlygų ar kliento nurodymų, jeigu pagal konkrečias aplinkybes tai būtina dėl kliento interesų ar užsakymui įvykdyti ir jeigu vykdytojas negalėjo iš anksto kliento atsiklausti. Šiuo atveju vykdytojas privalo pranešti klientui apie nukrypimus, kai tik pasidaro galima pranešti.

5. Jeigu sutartis numato paslaugų teikėjo pareigą pasiekti tam tikrą rezultatą, paslaugų teikėjas gali būti atleistas nuo atsakomybės už šios pareigos neįvykdymą tik tuo atveju, jeigu įrodo, kad jos negalėjo įvykdyti dėl nenugalimos jėgos.

6.719 straipsnis. Paslaugų teikėjo pareiga suteikti informaciją 1. Prieš sudarant paslaugų sutartį, paslaugų teikėjas privalo suteikti klientui išsamią

informaciją, susijusią su teikiamų paslaugų prigimtimi, jų teikimo sąlygomis, paslaugų kaina, paslaugų teikimo terminais, galimomis pasekmėmis, bei kitokią informaciją, turinčią įtakos kliento apsisprendimui sudaryti sutartį.

2. Jeigu teikiamos paslaugos yra viešos arba jų teikimas yra paslaugų teikėjo verslas, su šio straipsnio 1 dalyje nurodyta informacija turi būti sudarytos sąlygos viešai susipažinti paslaugų teikėjo buveinėje ar kitoje kiekvienam galimam klientui laisvai prieinamoje vietoje.

6.720 straipsnis. Paslaugų kaina ir apmokėjimas 1. Paslaugų kaina nustatoma šalių susitarimu ir po sutarties sudarymo gali būti keičiama

tik sutartyje nustatyta tvarka ir atvejais. 2. Klientas privalo apmokėti padidėjusią paslaugų kainą, viršijančią nustatytąją sutarties

sudarymo momentu, tik tuo atveju, jeigu paslaugų teikėjas įrodo, kad kainą padidinti buvo neišvengiama norint tinkamai įvykdyti sutartį ir kad tai negalėjo būti numatyta sutarties sudarymo momentu.

3. Suteikiamas paslaugas klientas apmoka sutartyje nustatytu laiku ir tvarka. Jeigu sutartis nenustato ko kita, klientas privalo sumokėti visą kainą, kai visos paslaugos pagal sutartį yra suteiktos. Šalių susitarimu dalis kainos gali būti sumokėta sutarties sudarymo metu ar sutartu laiku vėliau, o visiškai atsiskaitoma, kai paslaugų teikėjas įvykdo sutartį.

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4. Jeigu sutarties neįmanoma įvykdyti dėl kliento kaltės, klientas privalo sumokėti visą sutartyje nustatytą kainą, jeigu sutartis nenustato ko kita.

5. Jeigu sutarties neįmanoma įvykdyti dėl aplinkybių, už kurias nė viena iš sutarties šalių neatsako, klientas privalo atlyginti paslaugų teikėjui tik faktiškai šio teikėjo turėtas išlaidas, jeigu sutartis nenustato ko kita.

6. Klientas taip pat privalo atlyginti paslaugų teikėjui šio turėtas išlaidas dėl paslaugos suteikimo tiek, kiek tų išlaidų nepadengia paslaugų kaina. Klientas taip pat privalo atlyginti paslaugų teikėjo patirtus dėl paslaugos teikimo nuostolius, kurie atsirado teikiant paslaugas, susidarius nenumatytoms ypatingoms aplinkybėms, už kurias paslaugų teikėjas neatsako. Jeigu tam tikrų paslaugų teikimas yra jų teikėjo profesinė veikla (verslas), tai šio teikėjo patirtus nuostolius klientas privalo atlyginti tik tuo atveju, kai jie atsirado dėl ypatingų aplinkybių, kurių neapima normali rizika, būdinga atitinkamai profesijos ar verslo rūšiai.

7. Jeigu paslaugos teikiamos dviejų ar daugiau klientų užsakymu, visi klientai paslaugų teikėjui šio straipsnio numatytais atvejais atsako solidariai.

6.721 straipsnis. Vienašalis paslaugų sutarties nutraukimas 1. Klientas turi teisę vienašališkai nutraukti sutartį, nepaisydamas to, kad paslaugų teikėjas

jau pradėjo ją vykdyti. Šiuo atveju klientas privalo sumokėti paslaugų teikėjui kainos dalį, proporcingą suteiktoms paslaugoms, ir atlyginti kitas protingas išlaidas, kurias paslaugų teikėjas, norėdamas įvykdyti sutartį, padarė iki pranešimo apie sutarties nutraukimą gavimo iš kliento momento.

2. Paslaugų teikėjas turi teisę vienašališkai nutraukti sutartį tik dėl svarbių priežasčių. Tokiu atveju paslaugų teikėjas privalo visiškai atlyginti kliento patirtus nuostolius.

6.722 straipsnis. Paslaugų teikėjo ataskaita Jeigu paslaugų sutartis nenustato ko kita, paslaugų teikėjas privalo: 1) kliento reikalavimu pranešinėti jam visą informaciją apie paslaugų suteikimą ar teikimo

eigą; 2) klieno reikalavimu nedelsdamas pateikti klientui ataskaitą apie paslaugų suteikimą ar

teikimo eigą; 3) nedelsdamas perduoti klientui viską, ką teikdamas paslaugas gavo kliento naudai.

6.723 straipsnis. Paslaugų sutarties pasibaigimas 1. Klientui mirus, paslaugų sutartis nenutrūksta, išskyrus atvejus, kai paslaugų teikimo

sutartis buvo susijusi tik su to kliento asmeniu arba jei paslaugų teikimas po kliento mirties tampa neįmanomas ar beprasmiškas. Sutartis šiuo pagrindu pasibaigia nuo to momento, kai paslaugų teikėjas sužinojo ar turėjo sužinoti apie kliento mirtį. Paslaugų teikėjas visais atvejais privalo imtis jam prieinamų adekvačių priemonių, kad apsaugotų kliento interesus.

2. Paslaugų teikėjo mirtis ar neveiksnumas nutraukia paslaugų sutartį, išskyrus atvejus, kai analogiškas paslaugas turi teisę ir gali taip pat kvalifikuotai teikti paslaugų teikėjo teisių perėmėjai. Paslaugų teikėjo įpėdiniai, žinantys apie užsakymą, privalo imtis jiems prieinamų adekvačių priemonių kliento interesams apsaugoti.

6.724 straipsnis. Subsidiarus kitų šio kodekso normų taikymas paslaugų sutartims Šios knygos normos, nustatančios bendrąsias rangos sutarties nuostatas (6.644–6.671

straipsniai) bei reglamentuojančios vartojimo rangą (6.672–6.680 straipsniai), paslaugų sutartims taikomos tiek, kiek tai neprieštarauja šio kodekso 6.716–6.723 straipsniams ir paslaugų sutarties dalyko ypatumams.

ANTRASIS SKIRSNIS ASMENS SVEIKATOS PRIEŽIŪROS PASLAUGŲ TEIKIMAS

6.725 straipsnis. Asmens sveikatos priežiūros paslaugų sutartis 1. Asmens sveikatos priežiūros paslaugų sutartimi savo profesinės ar verslo veiklos dėka

turintis teisę teikti sveikatos priežiūros paslaugas asmuo (sveikatos priežiūros paslaugų teikėjas) įsipareigoja teikti kitai šaliai (pacientui) sutartyje numatytas sveikatos priežiūros paslaugas, o

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pacientas įsipareigoja sumokėti sveikatos priežiūros paslaugų teikėjui sutartą kainą. Jeigu asmens sveikatos priežiūros paslaugos teikiamos ne sutartį sudariusiam, o trečiajam asmeniui, tai pacientu pripažįstamas trečiasis asmuo (faktinis asmens sveikatos priežiūros paslaugų gavėjas). Šiuo atveju sutartį sudaręs asmuo yra užsakovas.

2. Šio straipsnio 1 dalyje vartojama sąvoka „asmens sveikatos priežiūros paslaugos“ yra veikla, įskaitant tyrimus ir su asmeniu tiesiogiai susijusius patarimus, kuria stengiamasi asmenį išgydyti, apsaugoti nuo susirgimo ar įvertinti jo sveikatos būklę. Ši sąvoka taip pat apima paciento slaugą ir su ja susijusią priežiūrą bei tiesioginį paciento materialinį aprūpinimą, kuris yra reikalingas asmens sveikatos priežiūros veiklai vykdyti, išskyrus farmacinę veiklą.

3. Šio skirsnio taisyklės netaikomos: veiklai, kuria siekiama nustatyti asmens sveikatos būklę arba suteikti sveikatos priežiūrą asmeniui, kuriam teikiantysis tokią priežiūrą atstovauja nagrinėjant teisme ginčus ar vykdant pareigas, kad atstovaujamas asmuo gautų draudimo išmokas ar socialines pašalpas; taip pat veiklai, kuria siekiama nustatyti kieno nors gabumus ar tinkamumą mokytis, sveikatos tinkamumą dirbti ar atlikti tam tikrą konkretų darbą; teismo medicinos ekspertizei. Šio skirsnio taisyklės taip pat netaikomos asmens sveikatos priežiūros paslaugoms, kurių išlaidos pagal įstatymus yra apmokamos (kompensuojamos) iš privalomojo sveikatos draudimo fondo biudžeto, valstybės ar savivaldybių biudžetų lėšų.

6.726 straipsnis. Nepilnamečiai pacientai 1. Nepilnametis, sukakęs šešiolika metų, gali pats savo vardu sudaryti asmens sveikatos

priežiūros paslaugų sutartį ir atlikti tiesiogiai su šia sutartimi susijusius teisinius veiksmus. 2. Nepilnametis, sukakęs šešiolika metų, atsako už visų pagal šią sutartį atsirandančių

pareigų įvykdymą ir tai negali daryti įtakos jo tėvų pareigai apmokėti nepilnamečio priežiūros ir auklėjimo išlaidas.

3. Įstatymai gali numatyti atvejus, kai asmens sveikatos priežiūros paslaugų sutarties šalimi gali būti tik pilnametis asmuo.

6.727 straipsnis. Informacijos suteikimas pacientui 1. Asmens sveikatos priežiūros paslaugų teikėjas privalo informuoti pacientą jam

suprantama forma, paaiškindamas specialius terminus, apie jo sveikatos būklę, ligos diagnozę, galimus gydymo būdus, gydymo prognozę bei kitas aplinkybes, kurios gali turėti įtakos paciento apsisprendimui sutikti ar atsisakyti siūlomo gydymo, taip pat apie pasekmes, jeigu siūlomo gydymo atsisakytų.

2. Asmens sveikatos priežiūros paslaugų teikėjas turi teisę šio straipsnio 1 dalyje numatytos informacijos nepranešti pacientui tik tais atvejais, jeigu toks pranešimas aiškiai sąlygotų pacientui rimtą žalą (pakenktų paciento sveikatai ar net sukeltų pavojų jo gyvybei). Tokiais atvejais visa šio straipsnio 1 dalyje numatyta informacija pateikiama paciento atstovui ir yra prilyginama informacijos pateikimui pacientui. Ši informacija pateikiama pacientui iš karto, kai išnyksta pavojus, kad jos pranešimas pacientui gali sąlygoti minėtą žalą.

6.728 straipsnis. Teisė nežinoti 1. Informacija, numatyta šio kodekso 6.727 straipsnio 1 dalyje, neturi būti pacientui

pateikta prieš jo valią. Paciento valia turi būti aiškiai pareikšta ir patvirtinta parašu. 2. Šio straipsnio 1 dalyje numatyti informacijos pateikimo pacientui apribojimai

netaikomi, kai dėl paciento nenoro (atsisakymo) gauti informaciją gali atsirasti žalingų pasekmių pacientui ar kitiems asmenims.

6.729 straipsnis. Paciento sutikimas 1. Pacientas negali būti gydomas ar jam teikiama kita asmens sveikatos priežiūra ar (ir)

slauga prieš jo valią, jeigu įstatymų nenustatyta kitaip. Įstatymai gali numatyti atvejus, kai sveikatos priežiūrai atlikti yra būtinas paciento rašytinis sutikimas.

2. Pacientas iki šešiolikos metų negali būti gydomas ar jam teikiama kita asmens sveikatos priežiūra ar (ir) slauga prieš vieno iš jo tėvų ar jo atstovo pagal įstatymą valią, jeigu įstatymų nenustatyta kitaip. Jeigu pacientas iki šešiolikos metų pagal savo amžių ir išsivystymą gali teisingai vertinti savo sveikatos būklę ir siūlomą gydymą, jis negali būti gydomas prieš jo valią, jeigu įstatymų nenustatyta kitaip. Įstatymai gali numatyti atvejus, kai asmens sveikatos priežiūrai

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atlikti yra būtinas nepilnamečio paciento vieno iš tėvų ar jo atstovo pagal įstatymą rašytinis sutikimas. Gydytojas turi parinkti gydymo metodus, kurie labiausiai atitiktų nepilnamečio interesus.

3. Paciento, psichikos ligonio, nesugebančio teisingai įvertinti savo sveikatos būklės, gydymo ypatumus nustato įstatymai.

6.730 straipsnis. Paciento sutikimo įrašymas į jo medicinos dokumentus Asmens sveikatos priežiūros paslaugų teikėjas turi apie visus savo veiksmus (asmens

sveikatos priežiūros paslaugas), kuriems atlikti buvo duotas paciento sutikimas, įrašyti į paciento medicinos dokumentus, o pacientas ar jo atstovas turi tai pasirašyti.

6.731 straipsnis. Paciento bendradarbiavimas su asmens sveikatos priežiūros paslaugų teikėju

Pacientas kiek įstengdamas turi suteikti asmens sveikatos priežiūros paslaugų teikėjui informacijos ir pagalbos, kuri pagrįstai yra reikalinga norinti įvykdyti sutartį.

6.732 straipsnis. Rūpestingumo laipsnis Vykdydamas savo veiklą, asmens sveikatos priežiūros paslaugų teikėjas turi užtikrinti tokį

rūpestingumo laipsnį, kokio tikimasi iš sąžiningo asmens sveikatos priežiūros paslaugų teikėjo. Jo veikla turi būti grindžiama atsakomybe, kurią nustato įstatymai, kiti teisės aktai ir sveikatos priežiūros paslaugų teikėjų profesijos standartai.

6.733 straipsnis. Pacientų medicinos dokumentų būtinumas Asmens sveikatos priežiūros paslaugų teikėjai privalo turėti (tvarkyti, pildyti) nustatytos

formos ir rūšių pacientų medicinos dokumentus (ligos istorijas, kitus medicinos dokumentus), juos pildyti bei saugoti įstatymų nustatyta tvarka.

6.734 straipsnis. Medicinos dokumentų įrašų naikinimas 1. Asmens sveikatos priežiūros paslaugų teikėjas sunaikina šio kodekso 6.733 straipsnyje

nurodytus dokumentus per tris mėnesius po to, kai to pareikalauja (paprašo) pacientas, išskyrus įstatymų nustatytas išimtis.

2. Šio straipsnio 1 dalis netaikoma, jeigu prašoma sunaikinti saugomus dokumentus, kurie pagrįstai gali būti laikomi galinčiais turėti tam tikros teisinės ar medicininės reikšmės kitiems asmenims, o ne pacientui, taip pat atvejais, kai dokumentus naikinti draudžia įstatymas.

6.735 straipsnis. Paciento teisė susipažinti su įrašais savo medicinos dokumentuose 1. Paciento pageidavimu jam turi būti pateikti jo medicinos dokumentai, išskyrus atvejus,

kai tai gali pakenkti paciento sveikatai ar net sukelti pavojų jo gyvybei. Tokiais atvejais apie informacijos teikimo apribojimus turi būti pažymėta paciento medicinos dokumentuose.

2. Pacientas turi teisę prašyti, kad jo lėšomis būtų padarytos jo medicinos dokumentų kopijos. Ši paciento teisė gali būti ribojama tik įstatymų nustatyta tvarka. Asmens sveikatos priežiūros paslaugų teikėjas privalo paaiškinti pacientui įrašų medicinos dokumentuose reikšmę. Jeigu paciento reikalavimas yra pagrįstas, gydytojas privalo ištaisyti, užbaigti, panaikinti, paaiškinti ir (ar) pakeisti netikslius, neišsamius, dviprasmiškus duomenis arba su diagnoze, gydymu ar slauga nesusijusius duomenis.

6.736 straipsnis. Informacijos teikimas 1. Asmens sveikatos priežiūros paslaugų teikėjas negali jokiems kitiems asmenims be

paciento sutikimo suteikti informacijos apie pacientą arba sudaryti sąlygų gauti oficialių dokumentų, nurodytų šio kodekso 6.733 straipsnyje, kopijas. Jeigu informacija kitiems asmenims vis tiek teikiama, ji gali būti teikiama tiek, kiek tai nedaro žalos paciento ar kito asmens privataus gyvenimo interesams. Informacija apie pacientą turi būti teikiama, jeigu tai yra privaloma pagal įstatymus.

2. Kitais asmenimis nėra laikomi asmenys, kurie tiesiogiai dalyvauja vykdant medicinos paslaugų teikimo sutartį, taip pat asmuo, kuris veikia kaip sveikatos priežiūrą vykdančio asmens pagalbininkas, jeigu informacija yra būtina jam veikiant kaip pagalbininkui.

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3. Šiai kategorijai taip pat nepriklauso tie asmenys, kurių sutikimas vykdant asmens sveikatos priežiūros paslaugų teikimo sutartį būtinas pagal šio kodekso 6.729 ir 6.744 straipsnius. Tačiau tokiu atveju, kai asmens sveikatos priežiūros paslaugų teikėjas, suteikdamas informaciją apie pacientą ar sudarydamas sąlygas gauti tokią informaciją ar paciento dokumentų kopijas, negali būti laikomas atitinkančiu rūpestingumo laipsnį, kokio tikimasi iš sąžiningo asmens sveikatos priežiūros paslaugų teikėjo, asmens sveikatos priežiūros paslaugų teikėjas neturi atlikti tokių veiksmų.

6.737 straipsnis. Moksliniai tyrimai Mokslinių tyrimų atlikimą bei informacijos apie pacientą suteikimą mokslinių tyrimų

tikslams reglamentuoja įstatymai.

6.738 straipsnis. Stebėtojai 1. Asmens sveikatos priežiūros paslaugų teikėjas teikia sveikatos priežiūros paslaugas

nedalyvaujant jokiems kitiems asmenims, išskyrus patį pacientą, nebent pacientas būtų sutikęs, kad teikiant sveikatos priežiūros paslaugas dalyvautų pašaliniai stebėtojai.

2. Šio straipsnio 1 dalyje minimais kitais asmenimis nėra laikomi asmenys, kurių profesinė pagalba reikalinga teikiant sveikatos priežiūros paslaugas pagal sutartį.

6.739 straipsnis. Teisė nutraukti sutartį 1. Kol neatsiranda svarbių priežasčių (sveikatos priežiūros paslaugų teikėjo nurodymų

nevykdymas, nesumokėjimas už suteiktas paslaugas ir kt.) asmens sveikatos priežiūros paslaugų sutarčiai nutraukti, sveikatos priežiūros paslaugų teikėjas negali nutraukti šios sutarties.

2. Pacientas turi teisę bet kada nutraukti sutartį.

6.740 straipsnis. Sutarties kaina Sveikatos priežiūros paslaugų teikėjui už suteiktas paslaugas užsakovas (pacientas) moka

sutartyje nustatytą atlyginimą, išskyrus atvejus, kai asmens sveikatos priežiūros paslaugų teikėjas už savo darbą gauna atlyginimą pagal įstatymą arba kokiu nors kitu pagrindu, kaip tai nustatyta sutartyje.

6.741 straipsnis. Sveikatos priežiūros įstaigos Jeigu asmens sveikatos priežiūros paslaugos pagal sutartį teikiamos sveikatos priežiūros

įstaigoje, kuri nėra šios sutarties šalis, visais atvejais atsiranda ir sveikatos priežiūros įstaigos atsakomybė, analogiška sutarties šalies atsakomybei.

6.742 straipsnis. Draudimas riboti ar panaikinti atsakomybę Asmens sveikatos priežiūros paslaugų teikėjo atsakomybė, o šio kodekso 6.741 straipsnio

numatytais atvejais – sveikatos priežiūros įstaigos atsakomybė, negali būti apribota arba panaikinama.

6.743 straipsnis. Taikymo sritis Jeigu asmens sveikatos priežiūros paslaugos yra teikiamos vadovaujantis bendraisiais

mediko profesijos reikalavimais ar medicinos etikos (deontologijos) principais, t. y. ne pagal asmens sveikatos priežiūros paslaugų sutartį, šio skirsnio taisyklės taikomos tiek, kiek tai atitinka teisinio santykio prigimtį.

6.744 straipsnis. Atstovai pagal įstatymą 1. Jeigu pacientas nėra sukakęs šešiolika metų, sveikatos priežiūros paslaugų teikėjo

pareigos atsiranda nepilnamečio tėvams arba paciento globėjui (rūpintojui). 2. Šio straipsnio 1 dalyje nustatyta taisyklė taip pat taikoma, kai nepilnametis, nors ir yra

sukakęs šešiolika metų, tačiau negali būti laikomas sugebančiu protingai įvertinti savo interesus, išskyrus atvejus, kai pacientas, dėl kurio gebėjimo protingai vertinti abejojama, yra pasiekęs pilnametystę ir jam yra nustatyta globa (rūpyba) arba paskirtas globėjas (rūpintojas). Tokiu atveju pareigos yra vykdomos rūpintojui ar globėjui.

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3. Jeigu pilnametis pacientas negali būti laikomas sugebančiu protingai vertinti savo interesus ir jeigu jam nenustatyta nei rūpyba, nei globa, visos asmens priežiūros paslaugų teikėjo pareigos pacientui vykdomos asmeniui, kurį pacientas yra raštu įgaliojęs veikti savo vardu. Jeigu tokio įgalioto asmens nėra arba jeigu įgaliotas asmuo nesiėmė būtinų veiksmų, pareigos turi būti vykdomos paciento sutuoktiniui ar sugyventiniui (partneriui), išskyrus atvejus, kai jie to atsisako, o jei sutuoktinio ar sugyventinio (partnerio) nėra, pareigos vykdomos paciento tėvui arba vaikui, išskyrus atvejus, kai šie atsisako.

4. Asmens sveikatos priežiūros paslaugų teikėjas vykdo savo pareigas paciento atstovams pagal įstatymą, kaip tai numatyta šio straipsnio 1 ir 2 dalyse, taip pat asmenims, numatytiems 3 dalyje, su sąlyga, kad toks pareigų vykdymas atitiktų atsargumo laipsnį, kurio yra tikimasi iš asmens sveikatos priežiūros paslaugų sąžiningo teikėjo.

5. Asmuo, kuriam pagal šio straipsnio 2 ar 3 dalį asmens sveikatos priežiūros paslaugų teikėjas privalo vykdyti savo pareigas, nustatytas šiame skirsnyje, turi veikti laikydamasis tokio atsargumo, kokio yra tikimasi iš sąžiningo atstovo. Šis asmuo, vykdydamas savo pareigas, privalo kiek įmanoma labiau įtraukti pacientą.

6. Jeigu pacientas prieštarauja, kad jam būtų teikiamos sveikatos priežiūros paslaugos, kurioms šio straipsnio 2 ir 3 dalyse nurodyti asmenys jau yra davę sutikimą, šios paslaugos gali būti teikiamos tik jeigu tai yra aiškiai būtina norint išvengti rimtos žalos pacientui.

6.745 straipsnis. Nenumatyti kraštutiniai atvejai Jeigu, norint teikti sveikatos paslaugas, pagal šio kodekso 6.744 straipsnį vietoj paciento

sutikimo turi būti gautas sutikimas asmens, nurodyto tame straipsnyje, paslaugas galimas teikti ir be tokio asmens sutikimo, jeigu nėra pakankamai laiko gauti šio asmens sutikimą tokiais atvejais, kuriais reikia nedelsiant atlikti veiksmus, aiškiai būtinus paciento gyvybei išsaugoti.

6.746 straipsnis. Žmogaus audinių ir organų naudojimas Asmens sveikatos priežiūros paslaugų metu paimti anonimo audiniai ir atskiri kūno

organai gali būti naudojami įstatymų numatytais atvejais ir tvarka.

TREČIASIS SKIRSNIS TURIZMO PASLAUGŲ TEIKIMAS

6.747 straipsnis. Turizmo paslaugų teikimo sutarties samprata 1. Turizmo paslaugų teikimo sutartimi viena šalis – kelionės organizatorius – įsipareigoja

už atlyginimą kitai šaliai – turistui – užtikrinti iš anksto organizuotą turistinę kelionę, o turistas įsipareigoja kelionių organizatoriui sumokėti už suteiktas paslaugas.

2. Šiame skirsnyje iš anksto organizuota turistinė kelionė – iš anksto už bendrą kainą parengtas arba siūlomas įsigyti turizmo paslaugų rinkinys, kurį sudaro ne mažiau kaip dvi turizmo paslaugos (apgyvendinimo, vežimo, kita esminę kelionės dalį sudaranti turizmo paslauga, nesusijusi su vežimu ar apgyvendinimu), jeigu ji tęsiasi ilgiau kaip 24 valandas arba į ją yra įtraukta nakvynė.

3. Šiame skirsnyje kelionės organizatorius yra asmuo, kuris įstatymų nustatyta tvarka ir sąlygomis verčiasi turizmo verslu ir tiesiogiai arba per tarpininkus (kelionių pardavimo agentus) viešai siūlo teikti turizmo paslaugas bet kuriam asmeniui arba tam tikrai asmenų grupei.

4. Asmuo, kuris veikia kaip kelionės organizatoriaus, neturinčio verslo vietos Lietuvos Respublikoje, tarpininkas, turisto atžvilgiu taip pat laikomas kelionės organizatoriumi.

5. Šiame skirsnyje turistas yra fizinis asmuo, kuris su kelionės organizatoriumi sudaro turizmo paslaugų teikimo sutartį (sutartį pasirašęs asmuo), arba bet kuris kitas fizinis asmuo, kurio vardu sutartį pasirašęs asmuo perka turistinę kelionę ir prisiima visas teises ir pareigas pagal sutartį (kiti naudos gavėjai), arba bet kuris asmuo, kuriam sutartį pasirašęs asmuo ar bet kuris naudos gavėjas perleidžia savo teisę į kelionę. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

6.748 straipsnis. Pareiga teikti informaciją

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1. Kelionės organizatorius, viešai reklamuodamas savo teikiamas paslaugas (kelionių prospektai ar kitokia oficiali informacija), privalo teikti neklaidinančią įstatymų nustatytos formos ir turinio informaciją (nurodyti kelionės maršrutą, teikiamas kelionėje paslaugas ir įsipareigojimus, valiutų keitimo sąlygas ir tvarką, valstybių sienų perėjimo tvarką, lankomų vietovių epidemiologinę būklę, profilaktines priemones, vakcinaciją, dokumentų ir turistinės kelionės sutarties įforminimo tvarką bei sąlygas ir t. t.).

2. Kelionės organizatorius privalo prieš turizmo paslaugų teikimo sutarties pasirašymą suteikti turistui įstatymų nustatytos formos ir turinio išsamią informaciją (nurodyti su pasu ir vizomis susijusius reikalavimus, informaciją apie sveikatos formalumus ir t. t.).

3. Iki turisto išvykimo į kelionę kelionės organizatorius privalo suteikti turistui įstatymų nustatytos formos ir turinio informaciją (nurodyti tarpines stotis, keleivio vietą transporto priemonėje, kelionės organizatoriaus atstovo duomenis ryšiams palaikyti ir t. t.). Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

6.749 straipsnis. Sutarties forma ir turinys 1. Turistinių paslaugų teikimo sutartis turi būti rašytinė. 2. Turistinių paslaugų teikimo sutartyje (ar jos priede, kuris yra neatskiriama sutarties

dalis) privalo būti nurodyta: 1) kelionės organizatoriaus rekvizitai (pavadinimas, adresas, telefonas ir kt.); 2) turisto asmens duomenys ir gyvenamoji vieta; 3) išvykimo, grįžimo vieta, data ir laikas bei lankomos vietos ar šalys, nurodant datas,

kada į jas atvykstama ir išvykstama; 4) kelionėje teikiamos turizmo paslaugos ir jų apibūdinimas, specialūs turisto

pageidavimai; 5) turizmo paslaugų užmokestis (jo keitimo ir grąžinimo sąlygos), mokėjimo būdai ir

terminai, nurodant, kad į kelionės paslaugų kainą įskaičiuojamos visos paslaugos; 6) sutarties sąlygų keitimo ir sutarties nutraukimo atvejai, sveikatos draudimo tvarka,

finansinės garantijos; 7) sutarties numeris ir sudarymo data, pretenzijų pareiškimo terminas. 3. Turizmo paslaugų teikimo sutarties standartinės sąlygos tvirtinamos įstatymų nustatyta

tvarka.

6.750 straipsnis. Turisto teisė atsisakyti sutarties 1. Turistas turi teisę bet kuriuo metu atsisakyti sutarties. Sutarties atsisakymas įsigalioja

nuo jo pareiškimo momento. 2. Jeigu turistas atsisako sutarties dėl aplinkybių, už kurias jis atsako, tai jis turi atlyginti

kelionės organizatoriui nuostolius, padarytus dėl tokio atsisakymo. Tačiau nuostolių dydis šiuo atveju negali viršyti maksimalios vienos kelionės kainos.

3. Jeigu turistas atsisako sutarties dėl su juo susijusių aplinkybių, kurių jis negali kontroliuoti ir kurių sutarties sudarymo metu negalėjo protingai numatyti, kelionės organizatorius turi teisę reikalauti atlyginti patirtus tiesioginius nuostolius, padarytus dėl tokio atsisakymo, išskyrus atvejus, kai sutarties atsisakoma dėl nenugalimos jėgos aplinkybių. Šioje dalyje nurodytais atvejais atlygintinų tiesioginių nuostolių dydis negali viršyti sutartyje nustatytos kelionės kainos.

4. Turistas, atsisakęs sutarties dėl aplinkybių, už kurias atsako kelionės organizatorius ar asmuo, kurio pagalba kelionės organizatorius naudojasi, arba dėl su turistu nesusijusių aplinkybių, kurių jis negali kontroliuoti ir kurių sutarties sudarymo metu negalėjo protingai numatyti, turi teisę reikalauti, kad jam būtų grąžinti už kelionę sumokėti pinigai arba jo sutikimu kompensuota kitu būdu. Straipsnio pakeitimas: Nr. XI-447, 2009-10-22, Žin., 2009, Nr. 134-5832 (2009-11-10)

6.751 straipsnis. Kelionės organizatoriaus teisė atsisakyti sutarties 1. Kelionės organizatorius turi teisę atsisakyti sutarties tik dėl svarbių priežasčių, apie

kurias jis nedelsdamas privalo informuoti turistą.

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2. Jeigu kelionės organizatorius atsisako sutarties dėl aplinkybių, už kurias turistas neatsako, jis privalo pasiūlyti turistui naują tokios pat ar geresnės kokybės kelionę (alternatyvią kelionę). Jeigu dėl pagrįstų priežasčių nėra galimybės pasiūlyti alternatyvią kelionę arba turistas pasiūlytos naujos kelionės atsisako, jis turi teisę reikalauti, kad jam būtų grąžinti už neįvykusią kelionę sumokėti pinigai.

3. Kelionės organizatorius, atsisakęs sutarties, privalo atlyginti turistui turtinę žalą ir grąžinti pinigus už kelionę. Žala neatlyginama, kai:

1) kelionės organizatorius atsisako sutarties dėl to, kad buvo gautas mažesnis, nei nustatytas minimalus paraiškų tokiai kelionei kiekis, o turistas buvo raštu informuotas apie kelionės organizatoriaus teisę atsisakyti sutarties šiuo pagrindu per sutartyje nurodytą laiką;

2) kelionės organizatorius atsisakė sutarties dėl nenugalimos jėgos, išskyrus atvejus, kai sutartis numato tokiais atvejais kelionę organizuoti iš naujo. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30) Nr. XI-447, 2009-10-22, Žin., 2009, Nr. 134-5832 (2009-11-10)

6.752 straipsnis. Sutarties sąlygų pakeitimas 1. Kelionės organizatorius turi teisę sutartyje numatyti, kad jam yra suteikiama teisė dėl

svarbių priežasčių, apie kurias jis nedelsdamas informuoja turistą, pakeisti atitinkamą sutarties sąlygą. Tokiu atveju turistas turi teisę atsisakyti keisti sutartį.

2. Be šio straipsnio 1 dalyje numatytos išlygos, kelionės organizatorius taip pat gali sutartyje numatyti, kad jis turi teisę dėl svarbių priežasčių, apie kurias jis nedelsdamas informuoja turistą, pakeisti sutarties sąlygą. Turistas tokiu atveju gali atsisakyti keisti sutartį tik tada, kai toks pakeitimas turistui padarytų esminę žalą.

3. Kelionės organizatorius turi teisę sutartyje numatyti, kad jis, likus ne mažiau kaip 20 dienų iki kelionės pradžios, gali padidinti kelionės kainą dėl to, kad pasikeičia vežimo išlaidos, įskaitant išlaidas degalams, privalomiems mokesčiams ar atitinkamų valiutų keitimui. Šiuo atveju kelionės organizatorius privalo nurodyti, kodėl padidėjo kaina ir kaip buvo apskaičiuotas kainos padidėjimas. Turistas turi teisę atsisakyti kainos didinimo.

4. Jeigu turistas atsisako keisti sutarties sąlygas šio straipsnio 1–3 dalyse numatytais atvejais, kelionės organizatorius įgyja teisę atsisakyti sutarties. Tokiu atveju turistas turi teisę reikalauti grąžinti ar kompensuoti už kelionę sumokėtus pinigus arba, jei kelionė iš dalies jau įvyko, proporcingą jų dalį. Jeigu kelionės organizatorius atsisako sutarties po to, kai turistas atsisako keisti sutarties sąlygas šio straipsnio 1–2 dalyse numatytais atvejais, atitinkamai taikoma ir šio kodekso 6.751 straipsnio 3 dalis.

6.753 straipsnis. Sutarties šalių pasikeitimas 1. Turistas turi teisę perleisti savo teisę į kelionę trečiajam asmeniui, kuris vykdys visas

sutarties sąlygas. 2. Toks perleidimas turi būti įformintas sutartimi su trečiuoju asmeniu, o turistas apie tai

raštu privalo pranešti kelionės organizatoriui. Teisę į kelionę perleidžiantis asmuo ir trečiasis asmuo atsako solidariai kelionės organizatoriui už kelionės kainos ir išlaidų, susijusių su teisės į kelionę perleidimu, sumokėjimą.

3. Jeigu kelionės organizatorius dėl savo nemokumo ar kitų priežasčių negali tinkamai įvykdyti sutarties, jis privalo imtis priemonių, kad jo pareigas perimtų kitas asmuo. Jeigu turistas jau atvyko į paskyrimo vietą, kelionės organizatorius bet kuriuo atveju privalo užtikrinti turisto sugrįžimą atgal. Straipsnio pakeitimai: Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30)

6.754 straipsnis. Sutarties vykdymas ir atsakomybė už netinkamą jos vykdymą 1. Kelionės organizatorius privalo vykdyti sutartį atsižvelgdamas į turisto protingus

lūkesčius, kurių pagal sutarties ir teikiamų paslaugų pobūdį turistas galėjo turėti. 2. Jeigu sutartis nėra vykdoma atsižvelgiant į turisto protingus lūkesčius, kelionės

organizatorius privalo atlyginti turistui nuostolius. Kelionės organizatorius ar asmuo, kurio pagalba kelionės organizatorius naudojasi, neatsako už netinkamą sutarties įvykdymą, jeigu:

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1) dėl netinkamo sutarties įvykdymo kaltas turistas; 2) už netinkamą sutarties įvykdymą, kurio kelionės organizatorius nenumatė ir negalėjo

numatyti, atsako trečiasis asmuo, kurio suteiktos paslaugos nesusijusios su kelionės organizatoriaus teikiamomis paslaugomis;

3) sutartis netinkamai įvykdoma dėl nenugalimos jėgos arba dėl įvykio, kurio kelionės organizatorius ar asmuo, kurio pagalba kelionės organizatorius naudojosi, atsižvelgiant į visą įmanomą jų apdairumą, nenumatė ir negalėjo numatyti.

3. Jeigu sutartis vykdoma ne pagal turisto lūkesčius, kelionės organizatorius, atsižvelgdamas į konkrečias aplinkybes, privalo teikti turistui visokeriopą pagalbą ir paramą. Jeigu priežastis, dėl kurios sutartis nėra tinkamai vykdoma, susijusi su pačiu turistu, kelionės organizatorius turi teikti turistui tokią pagalbą ir paramą, kurios, remiantis protingumo kriterijumi, gali būti reikalaujama iš kelionės organizatoriaus pagal sutartį. Šiuo atveju kelionės organizatoriaus išlaidas, susijusias su tokios pagalbos ir paramos teikimu, turi atlyginti pats turistas. Jeigu už netinkamą sutarties vykdymą atsako kelionės organizatorius arba asmuo, kurio pagalba jis naudojasi (šio straipsnio 2 dalis), tai visas išlaidas, susijusias su papildomos pagalbos ir paramos teikimu turistui, apmoka pats kelionės organizatorius.

4. Jeigu prasidėjus kelionei paaiškėja, kad kelionės organizatorius negalės įvykdyti pagrindinės sutartų paslaugų dalies, tai jis privalo pasiūlyti turistui tinkamas alternatyvias paslaugas už tokią pačią kainą sutartyje nurodytam terminui ir kompensuoti turistui anksčiau pasiūlytų ir faktiškai suteiktų paslaugų kainos skirtumą. Jeigu kelionės organizatorius dėl pagrįstų priežasčių negali pasiūlyti alternatyvių paslaugų arba dėl protingų priežasčių turistas jų atsisakė, kelionės organizatorius, be papildomo užmokesčio, turi užtikrinti turisto grąžinimą atgal arba nuvežimą į kitą vietovę, dėl kurios sutinka turistas, taip pat grąžinti turistui pinigus už nesuteiktas paslaugas.

5. Jeigu dėl netinkamo sutarties vykdymo, už kurį atsako kelionės organizatorius, turisto pagrįsti ir protingi lūkesčiai neišsipildo ir dėl to turistas lieka kelione nepatenkintas, jis turi teisę reikalauti atlyginti ir neturtinę žalą. Atlygintinos neturtinės žalos dydis šiuo atveju negali viršyti trigubos kelionės kainos. Straipsnio pakeitimas: Nr. XI-447, 2009-10-22, Žin., 2009, Nr. 134-5832 (2009-11-10)

6.755 straipsnis. Draudimas panaikinti ar riboti civilinę atsakomybę 1. Kelionės organizatorius neturi teisės riboti ar panaikinti savo civilinę atsakomybę už

žalą, atsiradusią dėl turisto mirties ar jo sveikatos sužalojimo. Tokios sutarties sąlygos dėl atsakomybės už minėtą žalą ribojimo ar panaikinimo negalioja.

2. Jeigu paslaugų pagal sutartį teikimas susijęs su tam tikros Lietuvos Respublikos tarptautinės sutarties galiojimu ir taikymu, kelionės organizatorius gali remtis tarptautinės sutarties nustatytu ar leidžiamu asmens, teikiančio tam tikras paslaugas, civilinės atsakomybės ribojimu ar panaikinimu.

3. Kelionės organizatorius neturi teisės riboti ar panaikinti savo civilinę atsakomybę už žalą, padarytą turistui, jeigu žala padaroma dėl kelionės organizatoriaus tyčios ar didelio neatsargumo.

4. Jeigu žala, išskyrus žalą, atsiradusią dėl turisto mirties ar jo sveikatos sužalojimo, turistui padaroma teikiant sutartyje numatytą paslaugą, tačiau tą paslaugą teikia ne pats kelionės organizatorius, tai kelionės organizatoriaus atsakomybė už tokią žalą gali būti ribojama triguba kelionės kaina.

XXXVI SKYRIUS PAVEDIMAS

6.756 straipsnis. Pavedimo sutarties samprata 1. Pavedimo sutartimi viena šalis (įgaliotinis) įsipareigoja kitos šalies (įgaliotojo) vardu ir

lėšomis atlikti tam tikrus teisinius veiksmus su trečiaisiais asmenimis. 2. Įgaliotojo suteiktos įgaliotiniui teisės bei jas patvirtinantis rašytinis dokumentas

vadinamas įgaliojimu.

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6.757 straipsnis. Sutarties dalykas 1. Pavedimo sutartimi įgaliotojas gali pavesti įgaliotiniui atlikti teisinius veiksmus,

susijusius su įgaliotojo gynimu, įgaliotojo viso ar dalies turto administravimu, procesinių veiksmų atlikimu įgaliotojo vardu teismo ir kitose institucijose, bei kitokius teisinius veiksmus.

2. Asmens sutikimas priimti jam duotą pavedimą gali būti išreikštas aiškiai arba, atsižvelgiant į konkrečias aplinkybes, – tylėjimu.

6.758 straipsnis. Įgaliotinio atlyginimas 1. Pavedimo sutartis gali būti atlygintinė arba neatlygintinė. 2. Jeigu pavedimo sutarties šalys yra fiziniai asmenys, preziumuojama, kad pavedimo

sutartis yra neatlygintinė, išskyrus atvejus, kai įgaliotinio kito asmens vardu atliekami teisiniai veiksmai yra įgaliotinio profesinė ar verslo veikla. Kai viena arba abi pavedimo sutarties šalys yra verslininkai, preziumuojama, kad sutartis yra atlygintinė.

3. Jeigu sutartis yra atlygintinė, tai įgaliotinio atlyginimo dydį nustato pavedimo sutartis ar įstatymas. Jeigu atlyginimo dydis nei sutartyje, nei įstatyme nenustatytas, atlyginimas nustatomas atsižvelgiant į papročius, rinkos kainas, suteiktų paslaugų pobūdį ir trukmę, atitinkamas paslaugas teikiančių asmenų profesinių susivienijimų rekomendacijas ir kitas aplinkybes.

4. Jeigu įgaliotinis veikia kaip įgaliotojo komercinis atstovas, jis turi teisę sulaikyti privalomus perduoti įgaliotojui daiktus, kol įgaliotojas su juo visiškai atsiskaitys.

6.759 straipsnis. Pavedimo vykdymas pagal įgaliotojo nurodymus 1. Įgaliotinis privalo įvykdyti jam duotą pavedimą pagal įgaliotojo nurodymus. Įgaliotojo

nurodymai privalo būti teisėti, įvykdomi ir konkretūs. 2. Įgaliotinis turi teisę nukrypti nuo įgaliotojo nurodymų, jeigu, atsižvelgiant į konkrečias

aplinkybes, tai yra būtina įgaliotojo interesais, o įgaliotinis negalėjo iš anksto atsiklausti įgaliotojo arba per protingą terminą negavo atsakymo į savo paklausimą. Šiuo atveju įgaliotinis privalo pranešti įgaliotojui apie nukrypimus, kai tik įmanoma apie tai pranešti.

3. Jeigu įgaliotinis veikia kaip komercinis atstovas, tai įgaliotojas savo interesais gali suteikti jam teisę nukrypti nuo pavedimo ir be išankstinio paklausimo. Tokiu atveju komercinis atstovas privalo per protingą terminą pranešti įgaliotojui apie pavedimo nesilaikymą, jeigu ko kita nenustato sutartis.

6.760 straipsnis. Įgaliotinio pareigos 1. Įgaliotinis privalo įvykdyti jam duotą pavedimą sąžiningai ir rūpestingai, kad

įvykdymas geriausiai atitiktų įgaliotojo interesus, bei vengti savo asmeninių interesų konflikto su įgaliotojo interesais.

2. Įgaliotinis privalo įvykdyti pavedimą asmeniškai, išskyrus sutartyje nustatytas išimtis bei atvejus, kai įstatymas leidžia perįgaliojimą.

3. Vykdydamas pavedimą, įgaliotinis privalo įgaliotojo reikalavimu, o atsižvelgiant į konkrečias aplinkybes, – ir be reikalavimo, suteikti įgaliotojui visą informaciją apie pavedimo vykdymo eigą.

4. Įvykdęs pavedimą, įgaliotinis privalo tuojau pat apie tai pranešti įgaliotojui ir pateikti ataskaitą, prie kurios turi pridėti pateisinamuosius dokumentus, bei grąžinti įgaliojimą, jeigu sutartis nenustato ko kita.

5. Visa, ką gavo vykdydamas pavedimą, įgaliotinis privalo tuojau pat perduoti įgaliotojui. 6. Jeigu sutarties, įstatymo ar papročių numatytais atvejais įgaliotinis pasitelkia pavedimui

vykdyti trečiuosius asmenis, jis atsako už tokių asmenų veiksmus bei privalo atlyginti tų asmenų veiksmais padarytus įgaliotojui nuostolius.

7. Jeigu pavedimą vykdo keli įgaliotiniai, įgaliotojui jie atsako solidariai, jeigu sutartis nenustato ko kita.

8. Įgaliotinis neturi teisės naudoti gautos vykdant pavedimą informacijos ar turto savo interesais, išskyrus sutarties ar įstatymo numatytais atvejais, taip pat kai sutikimą naudoti informaciją ar turtą duoda įgaliotojas. Jeigu įgaliotinis šios pareigos nevykdo, jis privalo atlyginti įgaliotojui dėl to padarytus nuostolius bei grąžinti visa tai, kas yra jo nepagrįstas praturtėjimas, o jeigu jis neteisėtai naudojo daiktą ar pinigus, – atitinkamai sumokėti nuomos mokestį ar palūkanas.

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6.761 straipsnis. Įgaliotojo pareigos 1. Įgaliotojas privalo bendradarbiauti su įgaliotiniu, kai šis vykdo pavedimą. 2. Įgaliotojas privalo tuojau pat priimti iš įgaliotinio visa, ką šis įvykdė pagal pavedimo

sutartį. 3. Jeigu ko kita nenustato sutartis, įgaliotojas privalo aprūpinti įgaliotinį priemonėmis,

reikalingomis pavedimui įvykdyti, atlyginti įgaliotiniui išlaidas, kurios buvo būtinos pavedimui tinkamai įvykdyti, o esant reikalui – išmokėti avansą, būtiną išlaidoms, susijusioms su pavedimo vykdymu, padengti.

4. Įgaliotiniui tinkamai įvykdžius pavedimą, įgaliotojas privalo sumokėti jam atlyginimą, jeigu pavedimo sutartis yra atlygintinė.

5. Įgaliotojas turi atlyginti įgaliotiniui šio patirtą vykdant pavedimą žalą, jeigu paties įgaliotinio veiksmuose nėra kaltės ir žalos neprivalo atlyginti kiti už ją atsakingi asmenys.

6.762 straipsnis. Perįgaliojimas Įgaliotinis turi teisę perduoti pavedimo vykdymą kitam asmeniui (perįgaliojimas) tik šio

kodekso 2.145 straipsnio nustatytais atvejais ir tvarka.

6.763 straipsnis. Pavedimo sutarties pabaiga 1. Pavedimo sutartis, be kitų prievolių pasibaigimo pagrindų, taip pat baigiasi, kai: 1) įgaliotinis panaikina įgaliojimą; 2) įgaliotinis atsisako įgaliojimo (šio kodekso 2.146 straipsnis); 3) baigiasi įgaliojimo terminas; 4) miršta viena iš sutarties šalių; 5) likviduojama viena iš pavedimo sutarties šalių; 6) vienai iš šalių iškeliama bankroto byla; 7) viena iš šalių pripažįstama neveiksnia, ribotai veiksnia ar nežinia kur esančia. 2. Jeigu įgaliotojas tiems patiems veiksmams atlikti paskiria naują įgaliotinį, tai pavedimo

sutartis laikoma pasibaigusia nuo to momento, kai pirmajam įgaliotiniui buvo pranešta apie naujo įgaliotinio paskyrimą.

3. Jeigu įgaliotojas dėl savo sveikatos būklės ar dėl kitų svarbių priežasčių negali savarankiškai panaikinti įgaliojimo, kiekvienas suinteresuotas asmuo, taip pat prokuroras turi teisę kreiptis į teismą ir prašyti panaikinti įgaliojimą, jeigu to reikalauja įgaliotojo ar viešas interesas.

6.764 straipsnis. Pavedimo sutarties pabaigos teisinės pasekmės 1. Jeigu įgaliotojas nutraukia pavedimo sutartį iki pavedimo visiško įvykdymo, jis privalo

atlyginti įgaliotiniui šio turėtas vykdant pavedimą išlaidas bei išmokėti jam atlyginimą, atsižvelgiant į pavedimo dalies įvykdymą, išskyrus atvejus, kai sutartis nutraukta dėl svarbių priežasčių arba įgaliotinis įvykdė pavedimą po to, kai sužinojo ar turėjo sužinoti, kad sutartis baigėsi.

2. Įgaliotinis atsako už žalą, kurią patiria įgaliotojas dėl to, kad įgaliotinis atsisakė įgaliojimo be svarbių priežasčių ar netinkamu laiku.

3. Komercinio atstovavimo atveju taikomos specialios taisyklės, nustatytos šio kodekso 2.152–2.168 straipsniuose.

4. Pasibaigus pavedimo sutarčiai, įgaliotinis privalo pateikti įgaliotojui ataskaitą ir grąžinti viską, ką yra gavęs pagal sutartį, bei atlikti visus veiksmus, kurie yra jo veiklos būtina pasekmė, kad būtų išvengta nuostolių padarymo įgaliotojui.

6.765 straipsnis. Įgaliotinio įpėdinių ir likvidatoriaus pareigos 1. Mirus įgaliotiniui, jo įpėdiniai privalo pranešti įgaliotojui apie sutarties pabaigą ir imtis

priemonių, būtinų įgaliotojo turtui ar dokumentams apsaugoti, o vėliau perduoti šį turtą bei dokumentus įgaliotojui.

2. Pareigas, numatytas šio straipsnio 1 dalyje, taip pat turi ir įgaliotiniu esančio likviduojamo juridinio asmens likvidatorius.

3. Šio straipsnio 1 ir 2 dalyse nustatytos taisyklės taip pat taikomos neveiksniu pripažinto įgaliotinio globėjui arba įgaliotinio, kuriam iškelta bankroto byla, administratoriui.

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XXXVII SKYRIUS FRANŠIZĖ

6.766 straipsnis. Franšizės sutarties samprata 1. Franšizės sutartimi viena šalis (teisių turėtojas) įsipareigoja perduoti už atlyginimą kitai

šaliai (naudotojui) tam tikram terminui arba neterminuotai teisę naudotis verslo tikslais išimtinių teisių, priklausančių teisių turėtojui, visuma (teise į firmos vardą, teise į prekių ar paslaugų ženklą, teise į saugomą komercinę (gamybinę) informaciją ir kt.), o kita šalis įsipareigoja už tai mokėti sutartyje nustatytą atlyginimą.

2. Franšizės sutartis numato teisių turėtojo išimtinių teisių visumos, dalykinės reputacijos ir komercinės patirties panaudojimą tam tikru mastu (nustatant minimalų ar maksimalų panaudojimo būdą arba kitą formą). Franšizės sutartis taip pat gali numatyti tokių išimtinių teisių, dalykinės reputacijos ar komercinės patirties panaudojimo teritoriją arba verslo sritį, kurioje tai bus naudojama (prekių pardavimas, paslaugų teikimas ir t. t.).

3. Franšizės sutarties šalimis gali būti tik įmonės (verslininkai).

6.767 straipsnis. Franšizės sutarties forma 1. Franšizės sutartis turi būti rašytinė. Rašytinės formos nesilaikymas franšizės sutartį daro

negaliojančią. 2. Tretiesiems asmenims sutartis gali būti panaudota tik įregistravus franšizės sutarties

sudarymo faktą įstatymų nustatyta tvarka juridinių asmenų registre, kuriame yra įregistruotas teisių turėtojas. Jeigu teisių turėtojas įregistruotas užsienio valstybėje, franšizės sutarties sudarymo faktas turi būti registruojamas juridinių asmenų registre, kuriame įregistruotas naudotojas.

3. Jeigu franšizės sutarties dalykas yra pramoninės nuosavybės teise saugomas objektas, franšizės sutarties sudarymo faktas taip pat turi būti įregistruotas įstatymų nustatyta tvarka atitinkamoje institucijoje, registruojančioje pramoninės nuosavybės teisės objektus ir teises į juos.

6.768 straipsnis. Subfranšizės sutartis 1. Franšizės sutartis gali numatyti naudotojo teisę leisti kitiems asmenims naudotis visomis

jam suteiktomis išimtinėmis teisėmis ar kai kuriomis iš jų subfranšizės sąlygomis. Subfranšizės sutarties sąlygos turi būti iš anksto aptartos franšizės sutartyje arba vėliau suderintos su teisių turėtoju. Franšizės sutartis taip pat gali numatyti naudotojo pareigą po sutarties sudarymo suteikti kitiems asmenims teisę naudotis tam tikrą laiką tomis teisėmis subfranšizės sąlygomis.

2. Subfranšizės sutartis negali būti sudaryta ilgesniam terminui nei franšizės sutartis. 3. Jeigu negalioja franšizės sutartis, negalioja ir subfranšizės sutartis. 4. Kai terminuota franšizės sutartis nutraukiama prieš terminą, subnaudotojo teisės ir

pareigos pagal subfranšizės sutartį pereina teisių turėtojui, jeigu jis sutinka prisiimti teises ir pareigas pagal subfranšizės sutartį, išskyrus atvejus, kai franšizės sutartis nustato ką kita. Šios taisyklės taip pat taikomos ir nutraukiant neterminuotą franšizės sutartį.

5. Jeigu franšizės sutartis nenustato ko kita, naudotojas atsako teisių turėtojui už subnaudotojų veiksmus subsidiariai.

6. Subfranšizės sutarčiai taikomos šio skyriaus taisyklės, jeigu subfranšizės ypatumai leidžia tą daryti.

6.769 straipsnis. Atlyginimas pagal franšizės sutartį 1. Naudotojas turi mokėti teisių turėtojui sutartyje nustatytą atlyginimą. 2. Atlyginimas gali būti nustatomas vienkartinis fiksuotas ir (arba) mokamas periodiškai,

darant sutartyje nustatyto dydžio atskaitymus iš naudotojo gaunamų pajamų, arba apskaičiuojamas kitu sutartyje nustatytu būdu.

6.770 straipsnis. Teisių turėtojo pareigos 1. Teisių turėtojas privalo: 1) perduoti naudotojui techninius ir komercinius dokumentus ir suteikti kitą informaciją,

kuri yra būtina naudotojui, kad šis galėtų įgyvendinti jam suteiktas pagal franšizės sutartį teises, taip pat instruktuoti naudotoją ir jo darbuotojus visais klausimais, susijusiais su perduotų teisių įgyvendinimu;

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2) išduoti naudotojui sutartyje numatytas licencijas ir užtikrinti jų įforminimą nustatyta tvarka.

2. Jeigu franšizės sutartis nenustato ko kita, teisių turėtojas privalo: 1) užtikrinti franšizės sutarties įregistravimą; 2) teikti naudotojui nuolatinę techninę ir konsultacinę pagalbą, padėti apmokyti naudotojo

darbuotojus; 3) kontroliuoti naudotojo pagal franšizės sutartį gaminamų prekių, atliekamų darbų ar

teikiamų paslaugų kokybę.

6.771 straipsnis. Naudotojo pareigos Naudotojas, atsižvelgdamas į veiklos pobūdį ir ypatumus bei franšizės sutarties sąlygas,

privalo: 1) franšizės sutartyje nustatytu būdu savo veikloje naudoti teisių turėtojo firmos vardą,

prekių ir paslaugų ženklą; 2) užtikrinti pagal franšizės sutartį gaminamų prekių, atliekamų darbų ar teikiamų

paslaugų tinkamą kokybę; 3) laikytis teisių turėtojo nurodymų ir instrukcijų dėl teisių naudojimo, naudotojo

komercinių patalpų vidaus ir išorės apipavidalinimo ir kitokios franšizės sutartyje nustatytos veiklos sąlygų;

4) teikti pirkėjams (užsakovams) papildomų paslaugų, kurių jie galėjo protingai tikėtis įsigydami (užsakydami) prekes (darbus, paslaugas) tiesiai iš teisių turėtojo;

5) neatskleisti kitiems asmenims iš teisių turėtojo gautų komercinių (gamybinių) paslapčių ar kitos konfidencialios informacijos;

6) sudaryti subfranšizės sutartį, jeigu tokia jo pareiga nustatyta franšizės sutartyje; 7) informuoti pirkėjus (užsakovus) labiausiai jiems akivaizdžiausiu būdu apie tai, kad

naudotojas veikia pagal franšizės sutartį ir naudoja teisių turėtojo firmos vardą, prekių ar paslaugų ženklą ar kitokį teisių turėtoją individualizuojantį simbolį.

6.772 straipsnis. Šalių teisių apribojimai 1. Sutarties šalys gali sutartyje numatyti tik tokias konkurenciją ribojančias sąlygas, kurių

nedraudžia konkurencijos teisė. 2. Jeigu įvykdytas šio straipsnio 1 dalies reikalavimas, franšizės sutartis gali numatyti

šiuos šalių teisių apribojimus: 1) teisių turėtojo prievolę nesuteikti kitiems asmenims analogiškų išimtinių teisių visumos

naudoti toje pačioje teritorijoje kaip ir naudotojas arba teisių turėtojo prievolę pačiam nevykdyti analogiškos veiklos toje pačioje teritorijoje;

2) naudotojo prievolę nekonkuruoti su teisių turėtoju sutartyje nustatytoje teritorijoje toje verslo srityje, kurioje naudotojas veikia naudodamasis jam suteiktomis teisėmis;

3) draudimą naudotojui sudaryti franšizės sutartis dėl analogiškų teisių su teisių turėtojo konkurentais (potencialiais konkurentais);

4) naudotojo prievolę derinti su teisių turėtoju komercinių patalpų, nustatytų sutartyje, išdėstymą ir jų išorės bei vidaus apipavidalinimą.

3. Franšizės sutarties sąlygos, ribojančios šalių teises, gali būti pripažintos negaliojančiomis įstatymo, reglamentuojančio konkurenciją, nustatytais pagrindais ir tvarka, jeigu šios sąlygos riboja konkurenciją.

4. Negalioja franšizės sutarties sąlygos, kurias draudžia konkurencijos teisė, konkrečiai: 1) sąlygos, suteikiančios teisę teisių turėtojui nustatyti naudotojo gaminamų prekių ar

atliekamų darbų, ar teikiamų paslaugų kainas arba jų minimalų dydį; 2) sąlygos, suteikiančios naudotojui teisę parduoti prekes, atlikti darbus ar teikti paslaugas

tik tam tikros kategorijos pirkėjams (užsakovams) arba tik pirkėjams (užsakovams), gyvenantiems franšizės sutartyje nustatytoje teritorijoje.

6.773 straipsnis. Teisių turėtojo atsakomybė pagal naudotojui pareikštus reikalavimus

1. Teisių turėtojas subsidiariai atsako pagal naudotojui pareikštus reikalavimus dėl prekių (darbų, paslaugų), naudotojo parduotų pagal franšizės sutartį, kokybės.

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2. Pagal reikalavimus, pareikštus naudotojui, kaip teisių turėtojo prekių (produkcijos) gamintojui, teisių turėtojas atsako solidariai su naudotoju.

6.774 straipsnis. Naudotojo teisė sudaryti franšizės sutartį naujam terminui 1. Naudotojas, tinkamai vykdęs franšizės sutartį, turi teisę, pasibaigus franšizės sutarties

terminui, sudaryti sutartį tokiomis pat sąlygomis naujam terminui. 2. Teisių turėtojas turi teisę atsisakyti sudaryti franšizės sutartį naujam terminui, jeigu jis

įsipareigoja, kad per trejus metus po sutarties pasibaigimo nesudarys su kitais asmenimis analogiškos franšizės sutarties, kuri galiotų toje pat teritorijoje kaip ir pasibaigusi sutartis. Jeigu nepraėjus trejiems metams teisių turėtojas nori suteikti tas pačias teises kitiems asmenims, jis privalo pasiūlyti naudotojui sudaryti naują sutartį arba atlyginti nuostolius. Sudarius naują sutartį, jos sąlygos neturi būti naudotojui sunkesnės nei ankstesnės sutarties sąlygos.

6.775 straipsnis. Franšizės sutarties sąlygų pakeitimas Šalys savo susitarimu gali pakeisti franšizės sutarties sąlygas bendrais pagrindais. Sutarties

pakeitimų faktas tretiesiems asmenims gali būti panaudotas tik šį faktą įregistravus šio kodekso 6.767 straipsnio 2 dalies nustatyta tvarka.

6.776 straipsnis. Franšizės sutarties pabaiga 1. Jeigu franšizės sutartis sudaryta neterminuotam laikui, bet kuri šalis turi teisę ją

nutraukti pranešusi apie tai kitai šaliai prieš šešis mėnesius, jeigu sutartis nenustato ilgesnio termino.

2. Franšizės sutarties nutraukimas (pabaiga) turi būti registruojamas šio kodekso 6.767 straipsnio 2 dalies nustatyta tvarka.

3. Jeigu teisių turėtojas netenka teisės į firmos ar į prekių (paslaugų) ženklą ir vietoj jos neįgyja naujos analogiškos teisės, franšizės sutartis baigiasi.

4. Franšizės sutartis baigiasi, jeigu teisių turėtojui ar naudotojui iškeliama bankroto byla.

6.777 straipsnis. Šalių pasikeitimas 1. Jeigu viena ar daugiau išimtinių teisių, kurios yra franšizės sutarties dalykas, pereina

kitam asmeniui, franšizės sutartis lieka galioti. Naujas teisių turėtojas tampa franšizės sutarties šalimi toje teisių ir pareigų dalyje, kuri susijusi su jam perėjusiomis išimtinėmis teisėmis.

2. Mirus teisių turėtojui ar naudotojui, jų teisės ir pareigos pagal franšizės sutartį pereina įpėdiniui su sąlyga, jeigu jis yra verslininkas ir tęsia verslą arba pradeda verslą per šešis mėnesius po palikimo atsiradimo. Priešingu atveju franšizės sutartis baigiasi. Iki įpėdinis priims palikimą ir pradės tęsti verslą, mirusiojo teises ir pareigas pagal franšizės sutartį vykdo teismo paskirtas turto administratorius.

6.778 straipsnis. Teisių turėtojo firmos vardo ar prekių (paslaugų) ženklo pasikeitimo pasekmės

Jeigu pasikeičia teisių turėtojo firmos vardas ar prekių (paslaugų) ženklas, kurie yra franšizės sutarties dalykas, franšizės sutartis lieka galioti ir naujam firmos vardui ar prekių (paslaugų) ženklui, jeigu naudotojas nereikalauja nutraukti sutartį ir atlyginti nuostolius. Kai sutartis lieka galioti, naudotojas turi teisę reikalauti atitinkamai sumažinti teisių turėtojui priklausantį atlyginimą, jeigu sutartis nenustato ko kita.

6.779 straipsnis. Išimtinės teisės pasibaigimo pasekmės 1. Jeigu baigiasi išimtinės teisės, kuri yra franšizės sutarties dalykas, galiojimo terminas

arba ši teisė baigiasi kitais pagrindais, franšizės sutartis galioja, išskyrus tas jos sąlygas, kurios susijusios su pasibaigusia teise, o naudotojas, jeigu ko kita nenustato sutartis, turi teisę reikalauti atitinkamai sumažinti teisių turėtojui priklausantį atlyginimą.

2. Pasibaigus vienai iš išimtinių teisių, franšizės sutarties sudarymo faktas turi būti perregistruotas, jeigu naudotojas nereikalauja sutarties nutraukti ir atlyginti nuostolių.

XXXVIII SKYRIUS KOMISAS

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6.780 straipsnis. Komiso sutarties samprata 1. Komiso sutartimi viena šalis (komisionierius) įsipareigoja kitos šalies (komitento)

pavedimu už atlyginimą sudaryti vieną ar kelis sandorius savo vardu, bet komitento lėšomis. 2. Pagal sandorį, komisionieriaus sudarytą su trečiuoju asmeniu, teises ir pareigas įgyja

komisionierius, nepaisant to, kad komitentas buvo nurodytas trečiajam asmeniui arba vykdant sandorį turėjo tiesioginių santykių su trečiuoju asmeniu.

3. Komiso sutartis gali būti terminuota arba neterminuota. 4. Komiso sutartyje gali būti nenurodyta arba nurodyta teritorija, kurioje sutartis vykdoma,

ir nustatyta arba nenustatyta komitento pareiga nesuteikti tretiesiems asmenims teisės sudarinėti jo interesais ir lėšomis sutarčių, kurių sudarymas pavestas komisionieriui.

5. Komiso sutartyje gali būti numatyti arba nenumatyti daiktai, kurie yra šios sutarties dalykas.

6. Įstatymai gali nustatyti atskirų komiso sutarčių rūšių ypatumus. 7. Kai komiso sutarties šalys yra įmonės (verslininkai), komiso sutartyje gali būti

numatytos tik tokios konkurenciją ribojančios sąlygos, kurių nedraudžia konkurencijos teisė.

6.781 straipsnis. Komisinis atlyginimas 1. Komitentas privalo sumokėti komisionieriui atlyginimą. Jeigu komisionierius laidavo,

kad trečiasis asmuo įvykdys sandorį, komitentas taip pat privalo sumokėti komisionieriui sutartyje nustatytą papildomą atlyginimą. Jeigu komisinio ar papildomo atlyginimo dydis komiso sutartyje nenustatytas, jis nustatomas pagal šio kodekso 6.198 straipsnio taisykles.

2. Jeigu komiso sutartis nebuvo įvykdyta dėl priežasčių, už kurias atsako komitentas, komisionierius išsaugo teisę į komisinį atlyginimą bei turėtų išlaidų atlyginimą.

6.782 straipsnis. Komisinio pavedimo vykdymas 1. Prisiimtą pavedimą komisionierius privalo įvykdyti naudingiausiomis komitentui

sąlygomis pagal komitento nurodymus, o jei jų nėra, – pagal įprastus verslo papročius bei dalykinės praktikos reikalavimus.

2. Jeigu komisionierius sudarė sandorį naudingesnėmis komitentui sąlygomis, nei buvo šio nurodyta, iš sandorio gauta papildoma nauda tenka komitentui, jeigu sutartis nenustato ko kita.

6.783 straipsnis. Atsakomybė už sudaryto sandorio neįvykdymą 1. Komisionierius neatsako komitentui už trečiojo asmens neįvykdytą sandorį, sudarytą

komitento lėšomis, išskyrus atvejus, kai komisionierius laidavo, kad trečiasis asmuo įvykdys sandorį, arba neparodė būtino apdairumo pasirinkdamas trečiąjį asmenį, kaip sandorio šalį.

2. Jeigu trečiasis asmuo neįvykdo sandorio, sudaryto su komisionieriumi, komisionierius privalo nedelsdamas apie tai pranešti komitentui, surinkti būtinus įrodymus ir komitento reikalavimu perleisti jam reikalavimo teisę pagal sandorį.

3. Šio straipsnio 2 dalyje numatytu atveju komisionierius gali perleisti reikalavimo teisę komitentui, neatsižvelgiant į tai, kad komisionieriaus ir trečiojo asmens sandoris draudžia ar riboja tokį perleidimą. Tačiau reikalavimo teisės perleidimas tokiais atvejais neatleidžia komisionieriaus nuo atsakomybės trečiajam asmeniui už susitarimo, draudžiančio ar ribojančio reikalavimo teisės perleidimą, pažeidimą.

6.784 straipsnis. Subkomisas 1. Jeigu ko kita nenustato komiso sutartis, komisionierius, siekdamas įvykdyti komiso

sutartį, turi teisę sudaryti subkomiso sutartį su kitu asmeniu. Tačiau ir tokiu atveju atsakingu už subkomisionieriaus veiksmus prieš komitentą lieka komisionierius.

2. Pagal subkomiso sutartį komisionierius subkomisionieriui įgyja komitento teises ir pareigas.

3. Pasibaigus komiso sutarčiai, komitentas neturi teisės be komisionieriaus sutikimo turėti tiesioginių santykių su subkomisionieriumi, jeigu komiso sutartis nenustato ko kita.

6.785 straipsnis. Nukrypimas nuo komitento nurodymų

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1. Komisionierius turi teisę nukrypti nuo komitento nurodymų, jeigu tai buvo būtina komitento interesais, o komisionierius negalėjo iš anksto gauti komitento pritarimo arba jo negavo per protingą laiką po savo paklausimo išsiuntimo. Komisionierius privalo pranešti komitentui apie nukrypimus, kai tik tai įmanoma.

2. Komisionieriui, kuris veikia kaip įmonė (verslininkas), komitentas gali suteikti teisę nukrypti nuo komitento nurodymų be išankstinio leidimo. Tokiu atveju komisionierius privalo pranešti apie nukrypimus komitentui per protingą terminą, jeigu komiso sutartis nenustato ko kita.

3. Komisionierius, pardavęs daiktą mažesne kaina negu buvo sutarta su komitentu, privalo atlyginti komitentui kainų skirtumą, jeigu neįrodo, kad neturėjo galimybės parduoti daiktą už sutartą su komitentu kainą ir daikto pardavimas mažesne kaina leido komitentui išvengti dar didesnių nuostolių. Jeigu komisionierius privalo iš anksto gauti komitento leidimą parduoti daiktą mažesne kaina, jis taip pat privalo įrodyti, kad neturėjo galimybės iš anksto gauti tokio leidimo.

4. Jeigu komisionierius nupirko daiktą už didesnę kainą nei buvo sutarta su komitentu, komitentas, nenorėdamas priimti tokio pirkinio, privalo apie tai pranešti komisionieriui per protingą terminą po to, kai gauna iš šio pranešimą apie sandorio sudarymą su trečiuoju asmeniu. Priešingu atveju pripažįstama, kad komitentas priėmė prievolės įvykdymą. Jeigu komisionierius praneša, kad jis kainų skirtumą padengs savo lėšomis, komitentas neturi teisės atsisakyti sudarytos sutarties.

6.786 straipsnis. Komitento nuosavybės teisė 1. Daiktai, kuriuos komisionierius gauna iš komitento arba įgyja komitento lėšomis, yra

komitento nuosavybė nuo perdavimo momento. 2. Komisionierius turi teisę sulaikyti turimus daiktus, kuriuos jis privalo perduoti

komitentui ar jo nurodytam asmeniui, jeigu komitentas nevykdo savo prievolių komisionieriui. 3. Jeigu komitentas tampa nemokus (jam iškeliama bankroto byla), komisionierius netenka

sulaikymo teisės ir įgyja įkeitimo teisę į tą daiktą (priverstinis įkeitimas), o jo reikalavimai dėl daikto, kurį komisionierius buvo sulaikęs, vertės dydžio tenkinami kartu su įkeitimu užtikrintais reikalavimais.

6.787 straipsnis. Komisionieriaus reikalavimų patenkinimas iš komitentui priklausančių sumų

Komisionierius turi teisę išskaityti pagal komiso sutartį jam priklausančias sumas iš visų sumų, kurias jis gauna komitento sąskaita. Tačiau komitento kreditoriai, turintys teisę patenkinti savo reikalavimus anksčiau nei komisionierius, nepraranda teisės reikalauti išieškoti iš komisionieriaus išskaitytų sumų.

6.788 straipsnis. Komisionieriaus atsakomybė už komitento daikto praradimą, trūkumą ar sužalojimą

1. Komisionierius atsako komitentui už esančio pas jį komitento daikto praradimą, trūkumą ar sužalojimą, jeigu neįrodo, kad tai įvyko ne dėl jo kaltės.

2. Jeigu komisionierius, priimdamas daiktą, kurį jam perduoda komitentas arba kurį komisionierius gauna komitentui, išoriškai apžiūrėdamas daiktą pastebi, kad jame yra sužalojimų ar trūkumų, taip pat jeigu kas nors padaro žalos esančiam pas komisionierių komitento daiktui, komisionierius privalo imtis priemonių apsaugoti komitento teises, surinkti reikiamus įrodymus ir apie tai tuojau pranešti komitentui.

3. Komisionierius, neapdraudęs esančio pas jį komitento daikto, už šį daiktą atsako tik tais atvejais, kai komitentas buvo jį įpareigojęs tą daiktą apdrausti komitento lėšomis arba apdrausti jį komisionierius privalo pagal komiso sutartį ar įstatymą.

6.789 straipsnis. Komisionieriaus ataskaita 1. Įvykdęs pavedimą, komisionierius privalo pateikti komitentui ataskaitą ir perduoti jam

visa, ką gavo pagal įvykdytą pavedimą, taip pat komitento reikalavimu perduoti visas teises, kurias komitentas įgijo trečiajam asmeniui, kylančias iš komisionieriaus sudaryto sandorio.

2. Jeigu komitentas ataskaitai prieštarauja, jis privalo pranešti apie tai komisionieriui per tris mėnesius nuo ataskaitos gavimo dienos. Priešingu atveju, jeigu nėra kitokio susitarimo, ataskaita laikoma priimta.

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6.790 straipsnis. Komitento pareiga priimti pavedimo įvykdymą Komitentas privalo: 1) priimti iš komisionieriaus visa, kas įvykdyta pagal pavedimą; 2) apžiūrėti daiktą, kurį jam įgijo komisionierius, ir tuojau pranešti šiam apie pastebėtus to

daikto trūkumus; 3) atleisti komisionierių nuo įsipareigojimų, kuriuos šis, vykdydamas pavedimą, prisiėmė

trečiajam asmeniui.

6.791 straipsnis. Pavedimo vykdymo išlaidų atlyginimas 1. Komitentas privalo kartu su komisiniu atlyginimu, o atitinkamais atvejais – ir

atlyginimu už laidavimą (delkredere), atlyginti komisionieriui šio turėtas būtinas pavedimo vykdymo išlaidas, jeigu šalių susitarimo nenustatyta kitaip.

2. Komisionierius neturi teisės reikalauti atlyginti esančio pas jį komitento daikto pasaugos išlaidas, jeigu įstatyme ar sutartyje nenustatyta kitaip.

6.792 straipsnis. Komiso sutarties pabaiga 1. Komiso sutartis baigiasi, jeigu: 1) komitentas atsisako komiso sutarties; 2) komisionierius atsisako komiso sutarties įstatymo ar sutarties numatytais atvejais; 3) komisionierius miršta, pripažįstamas neveiksniu, ribotai veiksniu ar nežinia kur esančiu,

likviduojamas arba tampa nemokus (iškeliama bankroto byla). 2. Jeigu komisionieriui iškeliama bankroto byla, visos teisės ir pareigos pagal komitento

nurodymu sudarytą sandorį pereina komitentui.

6.793 straipsnis. Komisinio pavedimo panaikinimas 1. Komitentas turi teisę bet kada atsisakyti komiso sutarties, panaikindamas komisionieriui

duotą pavedimą. Tokiu atveju komisionierius turi teisę reikalauti atlyginti išlaidas, padarytas dėl pavedimo panaikinimo.

2. Jeigu komiso sutartis buvo sudaryta nenurodant jos termino, komitentas apie pavedimo panaikinimą privalo iš anksto pranešti komisionieriui per trisdešimt dienų, jeigu komiso sutartis nenustato ilgesnio termino. Tokiais atvejais komitentas privalo sumokėti atlyginimą komisionieriui už sandorius, sudarytus iki pavedimo panaikinimo, bei atlyginti komisionieriui jo patirtus nuostolius.

3. Komitentas, panaikinęs pavedimą, privalo per komiso sutartyje nustatytą terminą arba nedelsdamas, jeigu toks terminas sutartyje nenustatomas, duoti nurodymą komisionieriui, ką šis privalo daryti su jo turimu komitento daiktu. Jeigu komitentas šios pareigos neįvykdo, komisionierius turi teisę atiduoti turtą saugoti komitento lėšomis arba jį parduoti už labiausiai komitentui naudingą kainą.

6.794 straipsnis. Komisionieriaus atsisakymas įvykdyti pavedimą 1. Jeigu ko kita nenustato sutartis, komisionierius neturi teisės atsisakyti įvykdyti prisiimtą

pavedimą, išskyrus tuos atvejus, kai atsisakoma dėl to, kad pavedimo negalima įvykdyti arba kad komitentas pažeidė komiso sutartį.

2. Tais atvejais, kai komisionierius turi teisę atsisakyti pavedimo, jis apie savo atsisakymą privalo raštu pranešti komitentui. Komiso sutartis lieka galioti dvi savaites nuo tos dienos, kurią komitentas gauna komisionieriaus pranešimą apie atsisakymą įvykdyti pavedimą.

3. Jeigu komisionierius atsisako įvykdyti prisiimtą pavedimą dėl to, kad komitentas pažeidė komiso sutartį, jis turi teisę gauti ir turėtų išlaidų atlyginimą, ir komisinį atlyginimą.

4. Komisionierius, atsisakęs sutarties, privalo imtis priemonių komitento daiktui apsaugoti.

6.795 straipsnis. Patvarkymas dėl turto, komisionieriui atsisakius įvykdyti pavedimą ar komitentui panaikinus pavedimą

1. Komitentas, gavęs pranešimą apie komisionieriaus atsisakymą įvykdyti pavedimą, privalo per vieną mėnesį nuo atsisakymo gavimo dienos duoti patvarkymą dėl esančio pas komisionierių savo turto.

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2. Jeigu komitentas per nurodytą terminą neduoda patvarkymo dėl esančio pas komisionierių savo daikto, komisionierius turi teisę perduoti šį daiktą saugoti komitento lėšomis arba, turėdamas tikslą patenkinti su komintentu susijusius savo reikalavimus, parduoti tą daiktą kuo naudingesne komitentui kaina.

XXXIX SKYRIUS DISTRIBUCIJA (PASKIRSTYMAS)

6.796 straipsnis. Distribucijos (paskirstymo) sutarties samprata 1. Distribucijos sutartimi viena šalis – distributorius – įsipareigoja tam tikrą laiką ar

neterminuotai savo vardu ir lėšomis pirkti iš kitos šalies – gamintojo (tiekėjo) – prekes (paslaugas) ir parduoti jas galutiniam vartotojui ar kitiems distributoriams bei atlikti kitus su prekių (paslaugų) perpardavimu susijusius darbus, o gamintojas (tiekėjas) įsipareigoja parduoti prekes (paslaugas) distributoriui bei atlikti kitus su prekių (paslaugų) paskirstymu susijusius darbus.

2. Distribucijos sutarties šalimis gali būti tik įmonės (verslininkai).

6.797 straipsnis. Distribucijos sutarties terminas Distribucijos sutartis gali būti sudaryta tam tikram terminui arba ji gali būti neterminuota.

6.798 straipsnis. Distribucijos sutarties forma Distribucijos sutartis turi būti rašytinė. Šio reikalavimo nesilaikymas sutartį daro

negaliojančią.

6.799 straipsnis. Distributorius Distributorius yra nepriklausoma įmonė (verslininkas), savo vardu ir lėšomis perkanti

prekes iš gamintojo ar kito distributoriaus ir perparduodanti jas galutiniam vartotojui ar kitiems distributoriams.

6.800 straipsnis. Distribucijos sutarčių rūšys 1. Gali būti išimtinės ir pasirinktinės distribucijos sutartys. 2. Išimtine distribucijos sutartimi gamintojas (tiekėjas) įsipareigoja parduoti sutartyje

nurodytas perparduoti skirtas prekes tik vienam distributoriui konkrečioje distributoriui išimtinai priskirtoje teritorijoje arba konkrečiai distributoriui išimtinai paskirtai pirkėjų grupei.

3. Pasirinktine distribucijos sutartimi gamintojas (tiekėjas) įsipareigoja parduoti skirtas perparduoti prekes tik tam tikriems distributoriams, kurie atitinka gamintojo (tiekėjo) nustatytus techninius, kvalifikacinius ir kitokius kriterijus.

6.801 straipsnis. Šalių teisių apribojimai 1. Distribucijos sutartyse šalys gali numatyti tik tokias konkurenciją ribojančias sąlygas,

kurių nedraudžia konkurencijos teisė. Tokių sąlygų kontrolę įstatymų nustatyta tvarka vykdo atitinkama institucija. Konkurencijos teisė gali nustatyti papildomas šių sąlygų galiojimo sąlygas (registracija ir pan.).

2. Jeigu yra įvykdytos šio straipsnio 1 dalyje nustatytos sąlygos, išimtinėje distribucijos sutartyje šalys gali numatyti:

1) sąlygą, kad distributorius negamins ir nepaskirstys prekių, kurios konkuruoja su sutartyje numatytomis prekėmis;

2) sąlygą, kad sutartyje nustatytas prekes distributorius pirks tik iš gamintojo (tiekėjo); 3) sąlygą, kad distributorius nevykdys pirkėjų paieškos ir nesteigs filialų ir atstovybių

kitoje teritorijoje, negu nustatyta sutartyje. 3. Šalys neturi teisės nustatyti sutartyje prekių perpardavimo kainos ar kitokių išimtinių

sąlygų, prieštaraujančių konkurencijos teisės reikalavimams.

6.802 straipsnis. Distributoriaus teisės ir pareigos 1. Sutartyje šalys gali numatyti, kad distributorius, tinkamai vykdantis sutartį, turi teisę į

papildomą atlyginimą už papildomai teikiamas paslaugas ar atliekamus darbus gamintojo (tiekėjo) interesais.

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2. Šalys taip pat gali nustatyti distributoriaus pelno, gaunamo iš prekių perpardavimo, maksimalią normą, jeigu ko kita nenustato konkurencijos teisė.

3. Distributorius, jeigu ko kita nenustato sutartis ir konkurencijos teisės reikalavimai, privalo:

1) parduoti prekes tik sutartyje nustatytoje teritorijoje ar sutartyje nustatytiems asmenims; 2) užtikrinti efektyvų prekių paskirstymą; 3) organizuoti gamintojo (tiekėjo) prekių reklamą ir reklamines kampanijas; 4) užtikrinti reikiamą savo darbuotojų kvalifikaciją ir jos kėlimą; 5) užtikrinti tinkamą prekių saugojimą ir sandėliavimą, nuolatinį jų atsargų papildymą

sandėliuose, steigti ir išlaikyti prekybos sandėlių tinklą; 6) parduoti prekes su gamintojo (tiekėjo) prekės ženklu arba gamintojo (tiekėjo) specialiai

įpakuotas ar kitaip paženklintas prekes; 7) nesteigti filialų ir atstovybių kitoje, nei nustatyta sutartyje, teritorijoje; 8) pirkti prekes tam tikromis partijomis arba prekių minimumą per tam tikrą sutartyje

nustatytą terminą; 9) parduoti prekes per tam tikrą sutartyje nustatytą terminą; 10) techniškai aptarnauti prekes po jų pardavimo arba teikti kitas garantines ar

aptarnavimo paslaugas tų prekių pirkėjams; 11) teikti gamintojui (tiekėjui) informaciją apie rinkos būklę, jos pasikeitimus bei atlikti

rinkos tyrimus; 12) negaminti prekių, kurios konkuruoja su sutartyje nustatytomis prekėmis; 13) neatskleisti gamintojo (tiekėjo) komercinių paslapčių ir kitos konfidencialios

informacijos; 14) pasibaigus sutarčiai, grąžinti gamintojui (tiekėjui) visus iš jo gautus dokumentus,

medžiagas, prekių pavyzdžius ir kt.

6.803 straipsnis. Gamintojo (tiekėjo) teisės ir pareigos 1. Gamintojas (tiekėjas) turi teisę kontroliuoti distributoriaus sandėlius ir kitas patalpas,

kuriose saugomos ar parduodamos iš gamintojo (tiekėjo) perkamos prekės, bei kontroliuoti, kaip vykdomos kitos sutarties sąlygos.

2. Gamintojas (tiekėjas), jeigu ko kita nenustato sutartis, privalo: 1) parduoti tinkamos kokybės prekes ir garantuoti jų kokybę, parduoti prekes sutartyje

nustatytais terminais ir mastu; 2) parduoti sutartas prekes tik distributoriui ir neparduoti prekių tiesiai vartotojams; 3) apmokyti distributoriaus darbuotojus; 4) aprūpinti distributorių reklamine medžiaga; 5) mokėti distributoriui sutartyje nustatytą atlyginimą už distributoriaus teikiamas

papildomas paslaugas.

6.804 straipsnis. Sutarties nutraukimas 1. Neterminuotą sutartį bet kuri šalis gali nutraukti prieš terminą pranešdama apie tai raštu

kitai šaliai ne vėliau kaip prieš tris mėnesius iki numatomo sutarties nutraukimo, jeigu sutartyje nėra nustatytas ilgesnis įspėjimo terminas.

2. Nutraukus prieš terminą terminuotą sutartį, distributorius turi teisę reikalauti negautų pajamų atlyginimo už likusį sutarties galiojimo terminą, jeigu sutartis buvo nutraukta dėl gamintojo (tiekėjo) kaltės. Kai sutartis nutraukta dėl gamintojo (tiekėjo) kaltės, distributorius taip pat turi teisę į atlyginimą už suteiktas papildomas paslaugas, jeigu sutartis nenustato ko kita.

3. Kai sutartis nutraukiama dėl distributoriaus kaltės, gamintojas (tiekėjas) turi teisę reikalauti atlyginti nuostolius, jeigu sutartis nenustato ko kita.

6.805 straipsnis. Sutarties galiojimo pratęsimas Jeigu pasibaigus distribucijos terminuotos sutarties galiojimo terminui šalys ir toliau ją

vykdo, tai sutartis pripažįstama atnaujinta tomis pačiomis sąlygomis tam pačiam terminui.

6.806 straipsnis. Distribucijos sutarties šalių atsakomybė tretiesiems asmenims

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1. Tretiesiems asmenims distributorius ir gamintojas (tiekėjas) už padarytą žalą atsako bendrais pagrindais.

2. Už žalą, padarytą vartotojui dėl netinkamos kokybės produktų ar paslaugų, distributoriaus ir gamintojo (tiekėjo) atsakomybė atsiranda pagal šio kodekso 6.292–6.300 straipsnių nustatytas taisykles.

3. Distribucijos sutarties sąlygos, nustatančios, kad gamintojas (tiekėjas) neatsako už žalą, padarytą vartotojams jo gaminamomis (teikiamomis) prekėmis (paslaugomis), negalioja.

XL SKYRIUS VEŽIMAS

6.807 straipsnis. Bendrosios vežimo nuostatos 1. Kroviniai, keleiviai ir bagažas vežami pagal vežimo sutartis. 2. Vežimo sąlygas nustato šis kodeksas, atskirų transporto šakų kodeksai ir kiti įstatymai,

Lietuvos Respublikos tarptautinės sutartys bei kiti transporto teisės aktai.

6.808 straipsnis. Krovinio vežimo sutartis 1. Pagal krovinio vežimo sutartį vežėjas įsipareigoja siuntėjo jam perduotą krovinį

nugabenti į paskirties punktą ir išduoti turinčiam teisę gauti krovinį asmeniui (gavėjui), o siuntėjas (gavėjas) įsipareigoja už krovinio vežimą sumokėti nustatytą užmokestį.

2. Vežimo sutarties sudarymas patvirtinamas važtaraščiu ar kitokiu dokumentu.

6.809 straipsnis. Keleivio vežimo sutartis 1. Pagal keleivio vežimo sutartį vežėjas įsipareigoja nuvežti keleivį į paskirties punktą, o

jeigu keleivis perdavė bagažą, – nugabenti bagažą į paskirties punktą ir išduoti turinčiam teisę jį gauti asmeniui; keleivis įsipareigoja sumokėti už vežimą nustatytą užmokestį, o jeigu perduotas bagažas, – ir už bagažo vežimą.

2. Keleivio vežimo sutarties sudarymas patvirtinamas bilietu, o bagažo perdavimas – bagažo kvitu ar kitokiu dokumentu, numatytu transporto teisės aktuose.

6.810 straipsnis. Frachtavimo sutartis 1. Pagal frachtavimo sutartį (čarterį) viena šalis (frachtininkas) įsipareigoja kitai šaliai

(frachtuotojui) už mokestį leisti naudotis transporto priemone (priemonėmis) ar jos dalimi kroviniams, keleiviams ar bagažui vežti.

2. Frachtavimo sutarties sudarymo tvarką ir sąlygas nustato atskirų transporto šakų kodeksai ir kiti įstatymai.

6.811 straipsnis. Tiesioginis kombinuotas susisiekimas 1. Transporto įmonių santykius, susijusius su krovinių, keleivių ar bagažo vežimu

skirtingų transporto rūšių priemonėmis pagal vieną vežimo dokumentą (tiesioginis kombinuotas susisiekimas), taip pat tokių vežimų organizavimą reglamentuoja atitinkamų transporto organizacijų sudarytos sutartys.

2. Kai vežėjas perduoda visas savo prievoles ar jų dalį kitam vežėjui, šis taip pat pripažįstamas vežimo sutarties šalimi. Siuntėjas (gavėjas), atsiskaitęs su vienu iš kelių vežėjų, pripažįstamas įvykdžiusiu savo prievoles.

6.812 straipsnis. Vežimas viešuoju (bendrojo naudojimo) transportu 1. Juridinis asmuo (verslininkas), teikiantis vežimo paslaugas, pripažįstamas teikiančiu

viešojo transporto paslaugas, jeigu jis pagal įstatymą arba leidimą (licenciją) privalo vežti krovinius ar keleivius bet kurio asmens pageidavimu nustatytais maršrutais ir nustatytu laiku.

2. Vežimo viešuoju transportu sutartis yra viešoji sutartis. 3. Viešojo transporto įmonės privalo teikti vežimo paslaugas bet kuriam asmeniui,

išskyrus įstatymo numatytais atvejais, kai jos turi teisę atsisakyti sudaryti vežimo sutartis. 4. Keleiviai, krovinių siuntėjai ir gavėjai privalo laikytis viešojo transporto įmonių veiklą

reglamentuojančių taisyklių.

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6.813 straipsnis. Vežimo užmokestis 1. Už krovinių, keleivių ir bagažo vežimą imamas užmokestis, kurį nustato šalys

susitarimu, jeigu įstatymas nenustato ko kita. 2. Vežimo užmokestis už krovinių, keleivių ir bagažo vežimą viešuoju transportu

nustatomas pagal įstatymų nustatyta tvarka patvirtintus tarifus. 3. Darbai ir paslaugos, kuriuos atlieka vežėjas krovinio siuntėjo prašymu, apmokami šalių

susitarimu, jeigu nėra nustatyti tų darbų ar paslaugų tarifai. 4. Vežėjas turi teisę sulaikyti jam perduotus krovinius ir bagažą, kol nebus sumokėtas jam

priklausantis vežimo užmokestis ir kitos sumos, jeigu įstatymas ar vežimo sutartis nenustato ko kita.

5. Jeigu įstatymo numatytais atvejais tam tikrų kategorijų keleiviams, kroviniams ar bagažui vežti yra nustatytos vežimo mokesčio lengvatos, su tuo susijusios vežėjų išlaidos kompensuojamos įstatymų nustatyta tvarka.

6.814 straipsnis. Transporto priemonių pateikimas 1. Vežėjas privalo pateikti krovinio siuntėjui tinkamos būklės transporto priemones

krovinio siuntėjo užsakyme, vežimo sutartyje arba vežimų organizavimo sutartyje nustatytais terminais.

2. Krovinių siuntėjas turi teisę atsisakyti tų transporto priemonių, kurios netinka tam tikriems kroviniams vežti.

6.815 straipsnis. Krovinių pakrovimas (iškrovimas) 1. Krovinius pakrauna (iškrauna) vežėjas arba siuntėjas (gavėjas) vežimo sutartyje

nustatyta tvarka, laikydamiesi atitinkamų transporto šakų kodeksų ir kitų teisės aktų nustatytų taisyklių.

2. Jeigu krovinius pakrauti (iškrauti) privalo siuntėjas (gavėjas) savo jėgomis ir priemonėmis, jis tą privalo padaryti per vežimo sutarties, įstatymo ar kitų teisės aktų nustatytą terminą.

6.816 straipsnis. Krovinių, keleivių ir bagažo pristatymo terminai Vežėjas privalo pristatyti į paskirties punktą krovinius, keleivius ar bagažą per sutartyje,

įstatyme ar kituose teisės aktuose nustatytus terminus, o jeigu jie nenustatyti, – per protingą terminą.

6.817 straipsnis. Atsakomybė už vežimo sutarties pažeidimą 1. Už vežimo sutarties neįvykdymą ar netinkamą įvykdymą šalys atsako vežimo sutarties,

šio kodekso, taip pat atskirų transporto šakų kodeksų ir kitų įstatymų nustatytais pagrindais ir tvarka.

2. Vežimo sutarties sąlygos, panaikinančios ar ribojančios vežėjo civilinę atsakomybę, negalioja, išskyrus įstatymo nustatytas išimtis.

6.818 straipsnis. Atsakomybė už transporto priemonių nepateikimą ir jų nepanaudojimą

1. Vežėjas už transporto priemonių nepateikimą, o siuntėjas – už krovinių nepateikimą arba už pateiktų transporto priemonių nepanaudojimą atsako vežimo sutarties ar įstatymų nustatytais pagrindais ir tvarka.

2. Pervežėjas ir siuntėjas atleidžiami nuo atsakomybės už transporto priemonių nepateikimą arba jų nepanaudojimą, jeigu tai įvyko dėl:

1) nenugalimos jėgos; 2) krovinių vežimo nutraukimo ar apribojimo tam tikrais maršrutais transporto įstatymų

nustatyta tvarka; 3) kitais atskirų transporto šakų kodeksų ar kitų įstatymų numatytais atvejais.

6.819 straipsnis. Vežėjo atsakomybė už transporto priemonės vėlavimą 1. Jeigu vežanti keleivius transporto priemonė nustatytu laiku neišvyksta arba pavėluoja

atvykti į paskyrimo vietą (išskyrus miesto ir priemiestinio susisiekimo transporto priemones),

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vežėjas moka keleiviui transporto įstatymuose nustatytas netesybas, jeigu neįrodo, kad tai įvyko dėl nenugalimos jėgos, transporto priemonės gedimo, gresiančio keleivių sveikatai ar gyvybei, šalinimo arba kitokių nuo vežėjo nepriklausančių aplinkybių.

2. Jeigu dėl transporto priemonės vėlavimo keleivis atsisako vežimo sutarties, vežėjas privalo grąžinti keleiviui jo sumokėtą vežimo mokestį.

6.820 straipsnis. Vežėjo atsakomybė už krovinio ar bagažo neišsaugojimą 1. Vežėjas atsako už krovinio ar bagažo neišsaugojimą (praradimą, trūkumą, sužalojimą)

po krovinio ar bagažo priėmimo iki jų išdavimo gavėjui ar kitam įgaliotam asmeniui, jeigu neįrodo, kad krovinys ar bagažas buvo visiškai ar iš dalies prarastas ar sužalotas dėl aplinkybių, kurių vežėjas negalėjo išvengti ir kurių pašalinimas nuo jo nepriklauso.

2. Už žalą, padarytą dėl krovinio ar bagažo praradimo, trūkumo ar sužalojimo, vežėjo atsakomybės dydį nustato vežimo sutartis ar įstatymas.

3. Vežėjas taip pat privalo grąžinti siuntėjui (gavėjui) krovinio, bagažo vežimo užmokestį, jeigu jis krovinio ar bagažo neišsaugojo ir jeigu vežimo mokestis nėra įskaitomas į krovinio ar bagažo vertę.

4. Vežėjo vienašališkai surašyti dokumentai apie krovinio ar bagažo neišsaugojimo ar sužalojimo priežastis gali būti ginčijami teismo tvarka ir turi būti vertinami teismo kartu su kitais byloje esančiais įrodymais, patvirtinančiais vežėjo atsakomybės pagrindus.

6.821 straipsnis. Pretenzijos vežėjui Atskirų transporto šakų kodeksai ar kiti įstatymai gali nustatyti privalomą pretenzijų

vežėjui pareiškimą prieš kreipiantis į teismą.

6.822 straipsnis. Vežimų organizavimo sutartys 1. Jeigu kroviniai vežami nuolat ir reikia nustatyti transporto priemonių ir krovinių

pateikimo terminus ir tvarką, vežėjas ir krovinių siuntėjas sudaro ilgalaikę vežimų organizavimo sutartį.

2. Vežimų organizavimo sutartimi vežėjas įsipareigoja sutartyje nustatytu laiku priimti, o siuntėjas – pateikti vežti sutartyje nustatyto dydžio krovinį. Vežimų organizavimo sutartyje nustatoma transporto priemonių ir krovinių mastas, terminai, atsiskaitymų tvarka ir kitos sąlygos.

6.823 straipsnis. Vežėjo atsakomybė už keleivio gyvybės atėmimą ar sveikatos sužalojimą

Vežėjo atsakomybė už keleivio gyvybės atėmimą ar sveikatos sužalojimą nustatoma pagal šio kodekso XXII skyriaus trečiojo skirsnio (6.263–6.291 straipsniai) taisykles, jeigu įstatymas ar vežimo sutartis nenustato didesnės vežėjo civilinės atsakomybės.

XLI SKYRIUS KROVINIŲ EKSPEDICIJA

6.824 straipsnis. Krovinių ekspedijavimo ir krovinių ekspedicijos sutarties samprata 1. Krovinių ekspedijavimas – krovinių vežimo organizavimas ir su tuo susiję veiksmai,

numatyti krovinių ekspedijavimo sutartyje. 2. Ekspeditorius – juridinis asmuo (verslininkas), sudaręs krovinių ekspedijavimo sutartį

su užsakovu ir įsipareigojęs užsakovo (užsakovo kliento) lėšomis, jo ar savo vardu gabenti jam priklausantį krovinį ir atlikti kitus su tuo susijusius veiksmus.

3. Krovinių ekspedicijos sutartimi viena šalis (ekspeditorius) įsipareigoja už atlyginimą kitos šalies – užsakovo (užsakovo kliento) – lėšomis teikti arba organizuoti sutartyje numatytas paslaugas, susijusias su krovinių vežimu.

4. Krovinių ekspedicijos sutartis laikoma sudaryta nuo to momento, kai ekspeditorius patvirtina gautą užsakymą.

5. Krovinių ekspedicijos sutartyje gali būti numatytos ekspeditoriaus pareigos organizuoti krovinių vežimą ekspeditoriaus ar kliento pasirinktu transportu ir maršrutu, ekspeditoriaus pareiga savo arba kliento vardu sudaryti vežimo ir kitas sutartis, užtikrinti krovinių išsiuntimą, pakrovimą ar iškrovimą, taip pat kitos su krovinių vežimu susijusios pareigos.

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6. Krovinių ekspedicijos sutartyje gali būti numatyta, kad ekspeditorius teikia papildomas paslaugas: gauna iš atitinkamų įstaigų krovinio eksportui ar importui reikalingus dokumentus, atlieka muitinės ir kitus formalumus, tikrina krovinio kiekį ir būklę, iškrauna ir pakrauna krovinius, sumoka rinkliavas, mokesčius bei kitas sumas, kurias privalo mokėti užsakovas (užsakovo klientas), saugo, sandėliuoja krovinį, bei teikia kitas paslaugas.

7. Šio skyriaus taisyklės taip pat taikomos ir tais atvejais, kai pagal sutartį ekspeditoriaus pareigas atlieka vežėjas.

8. Krovinių ekspedicijos sutartis gali būti terminuota arba neterminuota.

6.825 straipsnis. Krovinių ekspedicijos sutarties forma 1. Krovinių ekspedicijos sutartis sudaroma raštu arba pateikiant užsakymą tam tikromis

ryšio priemonėmis. 2. Krovinių ekspedijavimo sutartimi gali būti laikomas ir ekspeditoriaus užpildytas

krovinio vežimo važtaraštis, pasirašytas užsakovo (užsakovo kliento). 3. Klientas turi išduoti ekspeditoriui įgaliojimą, jeigu tai yra būtina ekspeditoriaus

pareigoms atlikti.

6.826 straipsnis. Ekspeditoriaus atsakomybė 1. Ekspeditorius už krovinių ekspedicijos sutarties neįvykdymą ar netinkamą įvykdymą

atsako sutartyje nustatyta tvarka. 2. Jeigu ekspeditorius įrodo, kad ekspedicijos sutartis pažeista dėl to, kad buvo neįvykdyta

ar netinkamai įvykdyta vežimo sutartis, tai ekspeditoriaus atsakomybė užsakovui (užsakovo klientui) nustatoma pagal tas pačias taisykles, pagal kurias ekspeditoriui atsako atitinkamas vežėjas.

6.827 straipsnis. Ekspeditoriui pateikiami dokumentai ir informacija 1. Užsakovas (užsakovo klientas) privalo pateikti ekspeditoriui dokumentus ir kitokią

informaciją apie krovinio savybes, jo vežimo sąlygas, taip pat kitą būtiną informaciją, kad ekspeditorius galėtų tinkamai įvykdyti savo prievoles.

2. Ekspeditorius privalo pranešti užsakovui (užsakovo klientui) apie gautos informacijos trūkumus, o jei gauta ne visa informacija, – pareikalauti iš kliento visos reikalingos informacijos.

3. Jeigu užsakovas (užsakovo klientas) nepateikia būtinos informacijos, ekspeditorius turi teisę sustabdyti sutarties vykdymą, iki tokia informacija bus pateikta.

4. Užsakovas (užsakovo klientas) atsako už nuostolius, kuriuos patyrė ekspeditorius dėl to, kad užsakovas (užsakovo klientas) neįvykdė šiame straipsnyje nustatytų pareigų.

6.828 straipsnis. Trečiojo asmens pasitelkimas prievolei įvykdyti 1. Ekspeditorius savo prievolei įvykdyti turi teisę pasitelkti trečiuosius asmenis, jeigu

sutartis nenustato, kad sutartį ekspeditorius privalo įvykdyti asmeniškai. 2. Sutarties vykdymo visiškas ar dalinis perdavimas tretiesiems asmenims neatleidžia

ekspeditoriaus nuo atsakomybės užsakovui (užsakovo klientui) už sutarties įvykdymą. 3. Ekspeditorius, visiškai ar iš dalies perdavęs sutarties vykdymą tretiesiems asmenims, jų

atžvilgiu įgyja užsakovo (užsakovo kliento) teises.

6.829 straipsnis. Vienašalis sutarties nutraukimas 1. Kiekviena šalis turi teisę vienašališkai nutraukti neterminuotą krovinių ekspedicijos

sutartį, įspėjusi apie tai kitą šalį prieš vieną mėnesį, jeigu sutartyje nenustatytas ilgesnis įspėjimo terminas.

2. Sutartį vienašališkai nutraukusi šalis privalo atlyginti kitai šaliai dėl to padarytus nuostolius.

XLII SKYRIUS PASAUGA

PIRMASIS SKIRSNIS

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BENDROSIOS NUOSTATOS

6.830 straipsnis. Pasaugos sutarties samprata 1. Pasaugos sutartimi viena šalis (saugotojas) įsipareigoja saugoti kitos šalies (davėjo)

perduotą kilnojamąjį daiktą ir grąžinti jį išsaugotą, o davėjas įsipareigoja sumokėti atlyginimą, jeigu tai nustatyta sutartyje.

2. Pagal šalių susitarimą pasaugos sutartis gali būti atlygintinė arba neatlygintinė. 3. Jeigu saugotojas yra juridinis asmuo (verslininkas), kurio viena iš veiklos sričių yra

saugojimas (profesionalus saugotojas), tai pasaugos sutartis arba juridinio asmens steigimo dokumentai gali numatyti saugotojo pareigą priimti iš davėjo daiktą sutartyje nustatytu terminu.

4. Pasaugos sutartis laikoma sudaryta nuo daikto perdavimo saugotojui momento. 5. Šio skirsnio taisyklės taikomos specialioms pasaugos rūšims tiek, kiek kitų šio skyriaus

skirsnių normos nenustato ko kita.

6.831 straipsnis. Pasaugos sutarties forma 1. Fizinių asmenų sudaryta pasaugos sutartis turi būti rašytinė, jeigu daikto (daiktų) vertė

viršija penkis tūkstančius litų. 2. Jeigu pasaugos sutartis numato saugotojo pareigą priimti daiktą saugoti ateityje, jis turi

būti rašytinė visais atvejais. 3. Pasaugos sutartis pripažįstama rašytine, jeigu daikto perdavimas saugotojui

patvirtinamas: 1) saugotojo išduotu davėjui kvitu ar kitu dokumentu; 2) žetonu (numeriu) arba kitokiu ženklu. 4. Paprastos rašytinės formos nesilaikymas neatima iš šalių teisės remtis liudytojų

parodymais kilus ginčui dėl perduoto saugoti ir grąžinto daikto tapatybės.

6.832 straipsnis. Saugotojo pareigos ir teisės 1. Saugotojas privalo imtis visų jam prieinamų priemonių užtikrinti jam perduoto daikto

išsaugojimą. 2. Saugotojas neturi teisės be davėjo leidimo naudoti saugojamą daiktą ar leisti juo

naudotis kitiems asmenims, jeigu sutartis nenustato ko kita. 3. Saugotojas neturi teisės reikalauti, kad davėjas arba asmuo, kuriam turi būti daiktas

grąžintas, įrodytų, kad yra saugomo daikto savininkai arba turi kitokią teisę į tą daiktą. 4. Saugotojas privalo grąžinti daiktą davėjo reikalavimu, nepaisant to, kad nėra pasibaigęs

sutartyje nustatytas saugojimo terminas. 5. Saugotojas turi teisę reikalauti, kad atsiimantis daiktą asmuo pateiktų kvitą ar kitą

dokumentą, patvirtinantį pasaugos sutarties sudarymą ir asmens teisę atsiimti daiktą.

6.833 straipsnis. Pareigos perduoti saugoti daiktą vykdymas 1. Saugotojas, įsipareigojęs priimti daiktą saugoti, neturi teisės reikalauti, kad daiktas būtų

perduotas jam saugoti. Tačiau davėjas, neperdavęs daikto saugoti per sutartyje nustatytą terminą, turi atlyginti saugotojui nuostolius, kuriuos šis patyrė dėl to, kad daiktas saugoti nebuvo perduotas, jeigu sutartis nenustato ko kita. Davėjas atleidžiamas nuo šios atsakomybės, jeigu apie savo atsisakymą perduoti daiktą saugoti praneša saugotojui per protingą terminą.

2. Jeigu ko kita nenustato sutartis, saugotojas turi teisę atsisakyti priimti saugoti daiktą, jeigu jis jam nebuvo perduotas per sutartyje nustatytą terminą.

6.834 straipsnis. Pasaugos terminas 1. Saugotojas privalo saugoti daiktą sutartyje nustatytą pasaugos terminą. 2. Jeigu sutartyje pasaugos terminas nenustatytas ir negali būti nustatytas pagal sutarties

sąlygas, saugotojas privalo saugoti daiktą, iki jį pareikalaus grąžinti davėjas ar kitas asmuo, turintis teisę jį atsiimti.

3. Jeigu nustatoma, kad pasaugos terminas baigiasi nuo pareikalavimo momento, tai saugotojas, pasibaigus įprastiniam tokiomis sąlygomis saugojimo terminui, turi teisę pareikalauti, kad davėjas atsiimtų daiktą per protingą terminą po tokio pranešimo gavimo. Jeigu davėjas daikto neatsiima, taikomos šio kodekso 6.843 straipsnyje nustatytos taisyklės.

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6.835 straipsnis. Daiktų sumaišymas Pasaugos sutartyje numatytais atvejais priimti saugoti daiktai gali būti sumaišomi su kitais

tos pačios rūšies ir kokybės daiktais, kuriuos saugoti yra perdavę kiti asmenys. Tokiais atvejais davėjui grąžinamas sutartyje numatytas kiekis tokios pat rūšies ir kokybės daiktų.

6.836 straipsnis. Daikto saugojimo sąlygos 1. Saugotojas privalo saugoti daiktą laikydamasis sutartyje nustatytų saugojimo sąlygų.

Jeigu saugojimo sąlygos sutartyje nenustatytos ar nustatytos ne visos, saugotojas privalo saugoti daiktą tokiomis sąlygomis, kurios maksimaliai užtikrintų daikto išsaugojimą.

2. Visais atvejais saugotojas privalo užtikrinti įstatymų ar kitų teisės aktų nustatytų saugojimo priemonių laikymosi reikalavimus (priešgaisrinės saugos, sanitarinius ir kt.).

3. Jeigu pasauga neatlygintinė, saugotojas privalo rūpintis saugomu daiktu taip pat kaip savo daiktais.

6.837 straipsnis. Saugojimo sąlygų pakeitimas 1. Jeigu būtina pakeisti daikto saugojimo sąlygas, saugotojas apie tai privalo nedelsdamas

pranešti davėjui ir gauti šio nurodymus. Kai saugojimo sąlygas būtina nedelsiant pakeisti norint išvengti daikto žuvimo ar sugedimo, tai saugotojas turi teisę keisti saugojimo būdą, vietą ir kitas sąlygas be davėjo nurodymų.

2. Jeigu iškilo grėsmė, kad daiktas žus, arba daiktas atiduodamas saugoti jau sugadintas, taip pat kai atsiranda kitų aplinkybių, neleidžiančių užtikrinti daikto saugumo, o ir negalima tikėtis, kad davėjas imsis neatidėliotinų priemonių, saugotojas turi teisę parduoti daiktą ar jo dalį saugojimo vietovės rinkos kaina. Jeigu nurodytos aplinkybės įvyko dėl priežasčių, už kurias saugotojas neatsako, jis turi teisę reikalauti atlyginti išlaidas, susijusias su daikto pardavimu.

6.838 straipsnis. Pavojingų daiktų saugojimas 1. Degūs, sprogstamieji ar kiti pavojingi daiktai gali būti saugotojo bet kuriuo metu

nukenksminti arba sunaikinti. Dėl to atsiradę nuostoliai davėjui neatlyginami, jeigu davėjas, perduodamas pavojingus daiktus saugoti, neįspėjo saugotojo apie tų daiktų pavojingas savybes. Tokiais atvejais davėjas atsako už nuostolius, dėl tokių daiktų saugojimo padarytus saugotojui ir tretiesiems asmenims.

2. Jeigu pavojingi daiktai buvo perduoti saugoti profesionaliam saugotojui, tai šio straipsnio 1 dalies taisyklės taikomos tik tais atvejais, kai tokie daiktai buvo perduoti saugoti neteisingai nurodžius jų pavadinimą ir saugotojas jų priėmimo momentu negalėjo išoriškai juos apžiūrėdamas nustatyti daiktų pavojingų savybių.

3. Jeigu pasauga buvo atlygintinė, šio straipsnio 1 ir 2 dalyse numatytais atvejais sumokėtas saugotojui atlyginimas negrąžinamas, o jeigu atlyginimas nebuvo sumokėtas, saugotojas turi teisę jį visą išieškoti iš davėjo.

4. Jeigu šio straipsnio 1 dalyje nurodytus pavojingus daiktus saugotojas priėmė saugoti žinodamas apie pavojingas daikto savybes, tai, kilus grėsmei saugotojo ar aplinkinių gyvybei ar turtui, saugotojas turi teisę tuos daiktus nukenksminti ar sunaikinti ir davėjui nuostolių neatlyginti, jeigu, saugotojui pareikalavus nedelsiant juos atsiimti, davėjas šio reikalavimo neįvykdė. Tokiais atvejais davėjas neatsako saugotojui ir tretiesiems asmenims už jų nuostolius, patirtus dėl tokių daiktų saugojimo.

6.839 straipsnis. Daiktų perdavimas saugoti trečiajam asmeniui 1. Jeigu pasaugos sutartis nenustato ko kita, saugotojas neturi teisės be davėjo sutikimo

perduoti saugoti daiktus trečiajam asmeniui, išskyrus atvejus, kai dėl susiklosčiusių aplinkybių būtina apsaugoti davėjo interesus, o gauti sutikimą iš davėjo saugotojas neturi galimybių.

2. Saugotojas, perdavęs daiktus saugoti trečiajam asmeniui, privalo apie tai nedelsdamas pranešti davėjui.

3. Perdavus saugoti daiktus trečiajam asmeniui, saugotojo ir davėjo pasaugos sutartis lieka galioti. Už trečiojo asmens veiksmus davėjui atsako saugotojas.

6.840 straipsnis. Atlyginimas už pasaugą

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1. Jeigu pasaugos sutartis yra atlygintinė, davėjas privalo sumokėti saugotojui atlyginimą pasibaigus saugojimui. Šalys gali susitarti, kad atlyginimas bus mokamas dalimis periodiškai, pasibaigus sutartyje nustatytam periodui.

2. Jeigu susitarta atlyginimą mokėti periodiškai, davėjui nesumokėjus atlyginimo daugiau kaip už vieną periodą, saugotojas turi teisę atsisakyti sutarties ir pareikalauti, kad davėjas nedelsdamas atsiimtų daiktą.

3. Jeigu pasaugos sutartis baigiasi prieš joje nustatytą terminą dėl aplinkybių, už kurias saugotojas neatsako, jis turi teisę į atlyginimo dalį, kuri atitinka saugojimo trukmę, o šio kodekso 6.838 straipsnio 1 dalyje numatytais atvejais – į visą atlyginimą. Kai pasaugos sutartis baigiasi dėl aplinkybių, už kurias saugotojas atsako, jis neturi teisės reikalauti atlyginimo, o jau sumokėtas sumas privalo grąžinti davėjui.

4. Jeigu pasibaigus pasaugos sutarties terminui davėjas neatsiima daikto, jis privalo mokėti atitinkamą atlyginimą už tolesnį daikto saugojimą. Ši taisyklė taikoma taip pat ir tais atvejais, kai davėjas privalo atsiimti daiktą iki pasaugos sutarties termino pabaigos.

5. Saugotojas turi teisę sulaikyti perduotą jam saugoti daiktą tol, kol davėjas su juo neatsiskaitys.

6. Šio straipsnio taisyklės taikomos, jeigu pasaugos sutartis nenustato ko kita.

6.841 straipsnis. Saugojimo išlaidų atlyginimas 1. Jeigu ko kita nenustato pasaugos sutartis, saugotojo turėtos daikto saugojimo išlaidos

įskaitomos į atlyginimą už pasaugą. 2. Kai pasaugos sutartis neatlygintinė, davėjas privalo atlyginti saugotojui turėtas būtinas

saugojimo išlaidas, jeigu įstatymas ar sutartis nenustato ko kita.

6.842 straipsnis. Pasaugos ypatingos išlaidos 1. Pasaugos išlaidos, kurios viršija normalias tokios rūšies saugojimo išlaidas ir kurių

pasaugos sutarties sudarymo momentu šalys negalėjo numatyti (ypatingos išlaidos), saugotojui atlyginamos, jeigu davėjas leido daryti tokias išlaidas arba jas patvirtino vėliau, taip pat kitais pasaugos sutartyje numatytais atvejais.

2. Jeigu būtina daryti ypatingų išlaidų, saugotojas privalo apie tai pranešti davėjui ir gauti iš jo sutikimą. Jeigu davėjas per protingą terminą neduoda atsakymo saugotojui, pripažįstama, kad jis davė sutikimą ypatingoms išlaidoms.

3. Jeigu saugotojas padarė ypatingų išlaidų be davėjo sutikimo, kai tokį sutikimą gauti buvo įmanoma, ir davėjas šių išlaidų nepatvirtino, tai saugotojas turi teisę reikalauti atlyginti ypatingas išlaidas tik atsižvelgiant į žalos, kuri galėjo būti padaryta saugomam daiktui, jeigu nebūtų buvę padaryta ypatingų išlaidų, dydį.

4. Jeigu ko kita nenustato pasaugos sutartis, ypatingos išlaidos atlyginamos atskirai nuo atlyginimo už pasaugą.

6.843 straipsnis. Davėjo pareiga atsiimti daiktą 1. Pasibaigus pasaugos sutarties terminui, taip pat saugotojo nustatytam terminui, per kurį

daiktas turi būti atsiimtas, davėjas privalo nedelsdamas atsiimti saugoti perduotą daiktą. 2. Jeigu davėjas neatsiima daikto, saugotojas turi teisę, jeigu ko kita nenustato pasaugos

sutartis, raštu įspėjęs davėją savarankiškai parduoti saugomą daiktą už saugojimo vietovės rinkos kainą. Jeigu saugomo daikto vertė didesnė nei du tūkstančiai litų, saugotojas turi teisę jį parduoti tik aukciono būdu.

3. Pardavus daiktą gauta suma, atskaičius saugotojui priklausančias sumas, perduodama davėjui.

6.844 straipsnis. Saugotojo pareiga grąžinti daiktą 1. Saugotojas privalo grąžinti davėjui ar kitam jo įgaliotam asmeniui tą patį daiktą, kuris

buvo perduotas saugoti, išskyrus šio kodekso 6.835 straipsnyje nustatytas išimtis. 2. Daiktas turi būti grąžintas tokios pat būklės, kokios ir buvo atiduotas saugoti,

atsižvelgiant į jo normalų susidėvėjimą, amortizaciją ar pasikeitimą dėl natūralių jo savybių. 3. Kartu su grąžinamu daiktu saugotojas privalo perduoti davėjui daikto saugojimo metu

gautus iš jo vaisius ir pajamas, jeigu ko kita nenustato pasaugos sutartis.

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4. Daiktas grąžinamas toje pat vietoje, kurioje jis buvo perduotas saugoti, jeigu sutartis nenustato ko kita. Daikto grąžinimo išlaidas apmoka davėjas, jeigu pasaugos sutartis buvo neatlygintinė. Jeigu pasaugos sutartis atlygintinė, daikto grąžinimo išlaidas apmoka saugotojas.

6.845 straipsnis. Saugotojo atsakomybės pagrindai 1. Saugotojas atsako už jam perduotų daiktų praradimą, trūkumą ar sugedimą. 2. Jeigu pasaugos sutartis atlygintinė, saugotojas atsako už turto praradimą, trūkumą ar

sugedimą visais atvejais, išskyrus, kai tai įvyko dėl nenugalimos jėgos. Kai pasaugos sutartis neatlygintinė, saugotojas atsako tik esant jo kaltei.

3. Profesionalus saugotojas atsako visais atvejais, išskyrus, kai daiktas žuvo ar buvo sugadintas dėl nenugalimos jėgos.

4. Už daikto praradimą, trūkumą ar sugedimą po to, kai atsirado davėjo pareiga atsiimti daiktą, saugotojas atsako tik esant jo tyčiai ar dideliam neatsargumui.

5. Jeigu saugotojo įpėdinis ar atstovas pagal įstatymą saugomą daiktą parduoda nežinodamas ir neturėdamas žinoti, kad jis nepriklauso saugotojui, tai įpėdinis ar atstovas pagal įstatymą privalo grąžinti tik tai, ką jis gavo pardavęs daiktą, arba perleisti reikalavimo teisę davėjui, jeigu sąžiningas pirkėjas dar nėra už daiktą sumokėjęs.

6.846 straipsnis. Saugotojo atsakomybės dydis 1. Saugotojas privalo atlyginti davėjui visus nuostolius, susijusius su daikto praradimu,

trūkumu ar sugedimu. 2. Jeigu pasaugos sutartis buvo neatlygintinė, saugotojas atsako: 1) už daikto praradimą ar trūkumą – daikto ar jo trūkstamos dalies verte; 2) už daikto sugedimą – daikto vertės sumažėjimo suma. 3. Jeigu dėl daikto sugadinimo, už kurį saugotojas atsako, daikto vertė sumažėjo taip, kad

jo nebegalima naudoti pagal ankstesnę paskirtį, tai davėjas turi teisę atsisakyti atsiimti daiktą ir reikalauti, kad saugotojas atlygintų daikto vertę ir visus nuostolius, jeigu sutartis nenustato ko kita.

6.847 straipsnis. Saugotojui padarytų nuostolių atlyginimas Davėjas privalo atlyginti dėl saugomo daikto savybių padarytus saugotojui nuostolius,

jeigu saugotojas, priimdamas daiktą saugoti, apie tas savybes nežinojo ir negalėjo žinoti, o davėjas apie jas žinojo arba turėjo žinoti.

6.848 straipsnis. Pasaugos sutarties pabaiga davėjo reikalavimu Davėjas turi teisę bet kuriuo metu pareikalauti grąžinti daiktą, o saugotojas privalo jį

grąžinti, nors pasaugos sutarties terminas ir nebūtų pasibaigęs.

6.849 straipsnis. Būtina pasauga 1. Būtina pasauga atsiranda tais atvejais, kai dėl nenumatytų ir neišvengiamų ekstremalių

aplinkybių (avarija, stichinė nelaimė ir kt.) asmuo yra priverstas patikėti savo turtą saugoti kitam asmeniui.

2. Būtinos pasaugos atveju saugotojas gali atsisakyti priimti daiktą saugoti tik esant svarbioms priežastims.

3. Būtinos pasaugos atveju saugotojas atsako taip pat kaip ir saugotojas pagal neatlygintinę pasaugos sutartį.

4. Preziumuojama, kad ligonio daiktų atidavimas sveikatos priežiūros ar globos (rūpybos) institucijai yra būtina pasauga.

6.850 straipsnis. Pasauga pagal įstatymą Šio skirsnio taisyklės taip pat taikomos pasaugos prievolėms, kurios atsiranda pagal

įstatymą, jeigu įstatymas nenustato ko kita.

ANTRASIS SKIRSNIS SANDĖLIAVIMAS

6.851 straipsnis. Prekių sandėliavimo sutarties samprata

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1. Pagal prekių sandėliavimo sutartį prekių sandėlis (saugotojas) įsipareigoja už atlyginimą saugoti prekių savininko (davėjo) jam perduotas prekes ir išsaugotas grąžinti nurodytam asmeniui.

2. Šiame skirsnyje prekių sandėliu laikomas juridinis asmuo (verslininkas), kurio pagrindinė veiklos rūšis yra saugoti prekes ir teikti kitas su prekių saugojimu susijusias paslaugas.

3. Prekių sandėliavimo sutartis įforminama sandėliavimo dokumentu.

6.852 straipsnis. Bendrojo naudojimo sandėlis 1. Sandėlis pripažįstamas bendrojo naudojimo sandėliu, jeigu jis pagal įstatymą ar savo

veiklos dokumentus privalo priimti prekes saugoti iš bet kurio prekių savininko. 2. Prekių sandėliavimo bendrojo naudojimo sandėlyje sutartis pripažįstama viešąja

sutartimi.

6.853 straipsnis. Prekių tikrinimas 1. Jeigu ko kita nenumato sandėliavimo sutartis, prekių sandėlis privalo savo sąskaita

patikrinti prekes priimdamas jas saugoti ir nustatyti prekių kiekį (skaičių, tūrį, svorį ir kt.) bei jų išorinę būklę.

2. Prekių sandėlis privalo saugojimo metu sudaryti galimybę prekių savininkui apžiūrėti saugomas prekes, imti prekių mėginius bei imtis kitų priemonių, būtinų prekių saugumui užtikrinti.

6.854 straipsnis. Prekių saugojimo sąlygų pakeitimas 1. Jeigu prekių saugumui užtikrinti būtina pakeisti jų saugojimo sąlygas, prekių sandėlis

turi teisę savarankiškai imtis reikiamų priemonių. Jeigu dėl to tenka iš esmės pakeisti saugojimo sąlygas, nustatytas sandėliavimo sutartyje, prekių sandėlis privalo apie tai pranešti prekių savininkui.

2. Jeigu saugojimo metu nustatomi saugomų prekių pasikeitimai, nenumatyti prekių sandėliavimo sutartyje, prekių sandėlis privalo nedelsdamas surašyti aktą ir tą pačią dieną apie tai pranešti prekių savininkui.

6.855 straipsnis. Grąžinamų prekių tikrinimas 1. Prekių gavėjas ir prekių sandėlis turi teisę reikalauti apžiūrėti grąžinamas prekes ir

patikrinti jų kiekį. Tikrinimo išlaidas apmoka šalis, pareikalavusi apžiūrėti ar patikrinti prekes. 2. Jeigu grąžinamos prekės nebuvo apžiūrėtos ir patikrintos dalyvaujant abiejų šalių

atstovams, rašytinis pareiškimas apie prekių stoką ar sugadinimą turi būti pateiktas atsiimant prekes arba per tris dienas nuo jų atsiėmimo, jeigu trūkumas ar sugadinimas negalėjo būti pastebėti normaliai apžiūrint prekes. Tokiu atveju prekių stokos ar sugadinimo įrodinėjimo pareiga tenka prekių gavėjui.

3. Jeigu nėra pareiškimo, numatyto šio straipsnio 2 dalyje, pripažįstama, kad prekių sandėlis grąžino prekes pagal sandėliavimo sutarties sąlygas, kol neįrodoma priešingai.

6.856 straipsnis. Sandėliavimo dokumentai 1. Prekių sandėlis, priėmęs saugoti prekes, išduoda vieną iš šių sandėliavimo sutartį

patvirtinančių dokumentų: 1) dvigubą sandėliavimo liudijimą; 2) paprastą sandėliavimo liudijimą; 3) sandėlio kvitą. 2. Dvigubas sandėliavimo liudijimas susideda iš dviejų dalių – sandėliavimo ir įkeitimo

liudijimo (šio kodekso 6.857 straipsnis), kurie gali būti atskirti vienas nuo kito. 3. Dvigubas sandėliavimo liudijimas, kiekviena jo dalis ir paprastas sandėliavimo

liudijimas yra vertybiniai popieriai. 4. Prekės, priimtos saugoti pagal dvigubą sandėliavimo liudijimą, jeigu jo dalys atskirtos,

arba paprastą sandėliavimo liudijimą, saugojimo laikotarpiu gali būti įkeistos įkeičiant atitinkamą liudijimą.

6.857 straipsnis. Dvigubas sandėliavimo liudijimas ir jo turinys 1. Kiekvienoje dvigubo sandėliavimo liudijimo dalyje turi būti nurodoma: 1) prekių sandėlio pavadinimas ir vieta;

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2) sandėliavimo liudijimo numeris; 3) prekių savininko (davėjo), iš kurio priimtos prekės, pavadinimas ir buveinė; 4) prekių pavadinimas ir kiekis (vienetai, svoris, tūris ir kt.), o jeigu jos įkeistos, – įkeitimo

suma; 5) prekių saugojimo terminas arba nurodymas, kad jos saugomos iki pareikalavimo; 6) atlyginimo už pasaugą dydis arba tarifai, pagal kuriuos atlyginimas apskaičiuojamas, ir

apmokėjimo tvarka; 7) sandėliavimo liudijimo išdavimo data. 2. Dokumentas, kuriame nėra bent vieno iš šio straipsnio 1 dalyje nurodytų rekvizitų,

nepripažįstamas dvigubu sandėliavimo liudijimu. 3. Dvigubas sandėliavimo liudijimas yra nuosavybės teisę patvirtinantis dokumentas,

suteikiantis teisę disponuoti prekėmis.

6.858 straipsnis. Sandėliavimo ir įkeitimo liudijimo turėtojo teisės 1. Sandėliavimo ir įkeitimo liudijimo turėtojas turi teisę disponuoti sandėlyje saugomomis

prekėmis. 2. Sandėliavimo liudijimo, atskirto nuo įkeitimo liudijimo, turėtojas turi teisę disponuoti

prekėmis, tačiau neturi teisės atsiimti jų iš prekių sandėlio tol, kol nebus grąžintas kreditas, kurio grąžinimas užtikrintas įkeitimo liudijimu.

3. Įkeitimo liudijimo turėtojas turi įkeitimo teisę į prekes tokios vertės, kokia atitinka pagal įkeitimo liudijimą išduoto kredito ir palūkanų už jį dydį. Įkeičiant prekes, apie tai pažymima sandėliavimo liudijime.

6.859 straipsnis. Sandėliavimo ir įkeitimo liudijimo perdavimas Sandėliavimo ir įkeitimo liudijimas gali būti perduoti kitam asmeniui kartu arba atskirai

pagal perdavimo įrašus (indosuojami).

6.860 straipsnis. Prekių išdavimas pagal dvigubą sandėliavimo liudijimą 1. Prekių sandėlis išduoda prekes dvigubo sandėliavimo liudijimo turėtojui tik gavęs abi

šio liudijimo dalis. 2. Sandėliavimo liudijimo turėtojui, kuris neturi įkeitimo liudijimo, tačiau pagal jį

sumokėjo visą skolą, prekės išduodamos tik perdavus prekių sandėliui sandėliavimo liudijimą ir dokumentą, patvirtinantį skolos sumokėjimą.

3. Jeigu prekių sandėlis išduoda prekes pažeisdamas šio straipsnio nustatytas taisykles, jis privalo įkeitimo liudijimo turėtojui sumokėti visą įkeitimu užtikrintą sumą.

4. Sandėliavimo ir įkeitimo liudijimo turėtojas turi teisę reikalauti išduoti prekes dalimis. Tokiais atvejais vietoj grąžintų liudijimų jam išduodami nauji liudijimai likusiai sandėlyje prekių daliai.

6.861 straipsnis. Paprastas sandėliavimo liudijimas 1. Paprastas sandėliavimo liudijimas yra pareikštinis dokumentas, suteikiantis teisę

atsiimti prekes jį pateikusiam asmeniui. 2. Paprastame sandėliavimo liudijime turi būti nurodyti rekvizitai, numatyti šio kodekso

6.857 straipsnio 1 dalies 1, 2, 4–7 punktuose, bei nuoroda, kad šis liudijimas yra pareikštinis dokumentas.

6.862 straipsnis. Prekių saugojimas su teise jomis disponuoti Jeigu įstatymas ar sutartis nustato prekių sandėlio teisę disponuoti saugomomis prekėmis,

tai šalių santykiams taip pat taikomos paskolos sutartį reglamentuojančios taisyklės (šio kodekso XLIII skyrius), tačiau prekių grąžinimo vieta ir laikas nustatomas pagal šio skyriaus taisykles.

TREČIASIS SKIRSNIS SPECIALIOS PASAUGOS RŪŠYS

6.863 straipsnis. Daiktų, esančių ginčo objektu, laikinoji pasauga (sekvestracija)

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1. Laikinoji pasauga yra pasaugos sutartis, kuria du ar daugiau asmenų, tarp kurių yra kilęs ginčas dėl teisės į daiktą, perduoda tą daiktą jų pasirinktam trečiajam asmeniui (saugotojui). Šis asmuo įsipareigoja po ginčo išsprendimo grąžinti daiktą tam asmeniui, kuriam bus pripažįstama teisė į tą daiktą.

2. Laikinosios pasaugos dalyku gali būti nekilnojamasis arba kilnojamasis daiktas. 3. Saugotoją ginčo šalys pasirenka tarpusavio susitarimu. Jos gali susitarti, kad saugotojas

bus viena iš ginčo šalių. Šalims nesusitarus, saugotoją skiria ginčą nagrinėjantis teismas. Asmuo gali būti skiriamas saugotoju tik jam sutikus.

4. Saugotojas turi teisę atlikti visus su daikto saugojimu susijusius būtinus veiksmus, kuriuos turi teisę atlikti paprastas turto administratorius, išskyrus šalių susitarimo ar teismo nutarties nustatytas išimtis.

5. Saugotojas turi teisę į atlyginimą, jeigu sutartis ar teismo nutartis nenustato ko kita. 6. Daiktą saugotojas grąžina teismo sprendime ar nutartyje nurodytam asmeniui. Jeigu

šalys sudaro taikos sutartį, daiktas grąžinamas taikos sutartyje nurodytam asmeniui. 7. Pasibaigus daikto saugojimui, saugotojas privalo parengti turto saugojimo ataskaitą ir ją

perduoti šalims arba teismui. 8. Jeigu areštuoto daikto saugotoju asmenį skiria teismas, teismo antstolis, mokesčių

administratorius ar kitas pareigūnas, tai tokiai pasaugai, be šio straipsnio taisyklių, taip pat yra taikomos Civilinio proceso kodekso normos.

6.864 straipsnis. Daiktų saugojimas lombarde 1. Fiziniam asmeniui priklausančių daiktų saugojimo lombarde sutartis yra viešoji sutartis. 2. Daiktų saugojimo lombarde sutartis patvirtinama davėjui išduotu vardiniu kvitu. 3. Lombardui perduodami daiktai įkainojami šalių susitarimu. 4. Lombardas privalo jam perduotą daiktą apdrausti savo lėšomis davėjo naudai tokia

suma, kuria šalių susitarimu yra įkainotas daiktas. 5. Jeigu lombardui perduotas daiktas neatsiimamas per sutartyje nurodytą terminą,

lombardas privalo daiktą saugoti dar vieną mėnesį pasaugos davėjo lėšomis. Šiam terminui pasibaigus, lombardas turi teisę daiktą parduoti šio kodekso 6.843 straipsnio 2 dalies nustatyta tvarka.

6. Iš gautos pardavus daiktą sumos atlyginamos su saugotu daiktu susiję lombardo išlaidos ir kitos jam priklausančios sumos, o likusią sumą lombardas grąžina davėjui.

6.865 straipsnis. Daiktų saugojimas viešbučiuose 1. Viešbutis be specialaus susitarimo su viešbutyje apsigyvenusiu asmeniu atsako kaip

saugotojas už šio asmens daiktų praradimą, trūkumą ar sugadinimą. Viešbutis turi teisę sulaikyti apsigyvenusio jame asmens daiktus tol, kol šis asmuo įvykdys savo prievoles viešbučiui, susijusias su atlyginimu už viešbučio suteiktas paslaugas.

2. Pagal šio straipsnio 1 dalį viešbutis atsako už daiktų praradimą, trūkumą ar sugadinimą, kurie:

1) asmens gyvenimo viešbutyje metu buvo viešbučio numeryje ar kitoje viešbučio vietoje; 2) buvo viešbutyje apsigyvenusio asmens patikėti viešbučio darbuotojams saugoti pačiame

viešbutyje ar už jo ribų; 3) buvo viešbučio saugojami protingą terminą iki asmens apsigyvenimo viešbutyje ir po

to, kai asmuo iš viešbučio išvyko. 3. Kai turtas nėra perduotas viešbučiui saugoti, išskyrus atvejus, kai viešbutis atsisakė

priimti saugoti turtą, kurį jam privaloma priimti saugoti, civilinę atsakomybę už viešbutyje apsigyvenusio asmens daiktų praradimą, trūkumą ar sugadinimą riboja viešbutyje apsigyvenusio asmens vienos nakvynės viešbutyje kaina, padauginta iš šimto. Civilinę atsakomybę už viešbutyje apsigyvenusio asmens vieno daikto praradimą, trūkumą ar sugadinimą riboja viešbutyje apsigyvenusio asmens vienos nakvynės viešbutyje kaina, padauginta iš penkiasdešimties.

4. Viešbutis atsako ir jo civilinė atsakomybė neribojama pagal šio straipsnio 3 dalį, kai turtas buvo sugadintas, sunaikintas ar prarastas dėl paties viešbučio ar dėl asmens, už kurio veiksmus jis yra atsakingas, kaltės.

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5. Viešbutis privalo priimti saugoti jame apsigyvenusių asmenų pinigus, brangenybes ir kitas vertybes, išskyrus daiktus, kurie kelia pavojų aplinkiniams arba dėl savo labai didelių gabaritų ar didžiulės vertės gali sudaryti didelių nepatogumų viešbučiui ir jo gyventojams.

6. Viešbutis, priimdamas saugoti pinigus ar kitas vertybes, turi teisę reikalauti, kad jie būtų tinkamai supakuoti ir pažymėti.

7. Gyvenantis viešbutyje asmuo privalo nedelsdamas pranešti viešbučio administracijai apie savo daiktų dingimą, trūkumą, sugadinimą ar žuvimą. Priešingu atveju viešbutis atleidžiamas nuo atsakomybės už daiktų neišsaugojimą.

8. Viešbutis neatsako, jeigu daiktai buvo neišsaugoti dėl daiktų savininko, jį lydinčių ar pasikviestų į viešbutį asmenų kaltės, nenugalimos jėgos arba dėl paties daikto savybių. Viešbutis taip pat neatsako už viešbutyje gyvenančių asmenų transporto priemonių, paliktų ne viešbučio saugomoje teritorijoje, juose esančių daiktų bei gyvūnų neišsaugojimą.

9. Šalių susitarimas arba vienašalis viešbučio pareiškimas, kad viešbutis neatsako už gyventojų daiktų saugumą arba kuriuo nustatoma viešbučio ribota atsakomybė, negalioja. Viešbučio ribota atsakomybė nustatyta šio straipsnio 3 dalyje.

10. Šio straipsnio taisyklės taip pat taikomos daiktų saugojimui moteliuose, poilsio namuose, pensionuose, sanatorijose ir kitose panašiose įstaigose. Straipsnio pakeitimas: Nr. XI-447, 2009-10-22, Žin., 2009, Nr. 134-5832 (2009-11-10)

6.866 straipsnis. Daiktų saugojimas banke 1. Bankas turi teisę priimti saugoti vertybinius popierius, brangiuosius metalus ir

brangakmenius, kitas vertybes bei dokumentus. 2. Daiktų saugojimo banke sutartį patvirtina banko išduotas vardinis saugojimo

dokumentas.

6.867 straipsnis. Vertybių saugojimas individualiame banko seife 1. Pasaugos sutartimi gali būti numatytas kliento vertybių saugojimas klientui suteiktame

individualiame banko seife (seifo skyriuje, izoliuotoje banko patalpoje). 2. Pasaugos sutartis dėl vertybių saugojimo individualiame banko seife suteikia teisę

klientui pačiam padėti į seifą vertybes ir jas iš seifo paimti. Klientui bankas išduoda seifo raktą ir klientą identifikuojančią kortelę arba kitokį dokumentą, patvirtinantį kliento teisę įeiti į banko saugyklą, kurioje yra jo individualus seifas, ir seifą atrakinti.

3. Pasaugos sutartis taip pat gali numatyti kliento teisę dirbti banke su individualiame seife saugomomis vertybėmis.

4. Bankas priima iš kliento vertybes, kurios turi būti saugomos seife, taip pat kontroliuoja, kaip jos padedamos į seifą ir išimamos iš seifo, bei išimtas iš seifo perduoda klientui. Jeigu sutartis nustato, kad klientas individualiu seifu naudojasi asmeniškai, bankas turi klientui užtikrinti galimybę padėti į seifą ir išimti iš jo vertybes niekieno, taip pat ir banko darbuotojų, nekontroliuojamam. Bankas taip pat privalo užtikrinti, kad klientas netrukdomas patektų į banko saugyklą, kurioje yra kliento individualus seifas.

5. Jeigu pasaugos sutartis nenustato ko kita, bankas atleidžiamas nuo atsakomybės už vertybių, padėtų į individualų seifą, neišsaugojimą, jeigu įrodo, kad pagal saugojimo sąlygas niekas be kliento žinios į seifo vidų negalėjo patekti arba vertybės dingo dėl nenugalimos jėgos.

6. Jeigu pagal sutartį individualus seifas perduodamas naudotis kitam asmeniui ir banko atsakomybė už seife esančių vertybių išsaugojimą nenustatoma, tai tokiai sutarčiai taikomos nuomos sutartį reglamentuojančios taisyklės.

6.868 straipsnis. Daiktų saugojimas transporto įmonių saugojimo kamerose 1. Bendrojo naudojimo transporto įmonių saugojimo kameros turi priimti saugoti keleivių

ir kitų asmenų daiktus, nepaisant to, ar keleiviai turi važiavimo bilietus. Pasaugos sutartis transporto įmonių saugojimo kamerose yra viešoji sutartis.

2. Pasaugos sutartis saugojimo kameroje (išskyrus automatines kameras) patvirtinama davėjui išduotu kvitu arba žetonu. Pametus kvitą ar žetoną daiktas išduodamas davėjui įrodžius, kad daiktas priklauso jam.

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3. Daiktų saugojimo terminas saugojimo kameroje nustatomas šalių susitarimu. Transporto įmonės turi teisę nustatyti maksimalius saugojimo terminus, kurie gali būti pratęsti šalių susitarimu. Daiktai, neatsiimti per nustatytą saugojimo terminą, saugomi dar vieną mėnesį, o po to parduodami šio kodekso 6.843 straipsnio 2 dalies nustatyta tvarka.

4. Jei perduoti saugoti daiktai prarandami, jų trūksta ar jie sugadinti, transporto įmonė privalo per dvidešimt keturias valandas nuo reikalavimo pareiškimo atlyginti vertę, nurodytą perduodant daiktus saugoti.

6.869 straipsnis. Daiktų saugojimas drabužinėse 1. Preziumuojama, kad drabužinėse daiktai saugomi neatlygintinai, išskyrus atvejus, kai jie

perduoti saugoti aiškiai sutarus, kad bus saugoma už atlyginimą. 2. Nepaisant to, ar pasaugos sutartis atlygintinė ar ne, saugotojas privalo imtis visų nuo jo

priklausančių priemonių užtikrinti drabužinei perduotų daiktų išsaugojimą. 3. Šio straipsnio taisyklės taip pat taikomos tais atvejais, kai fiziniai asmenys palieka

viršutinius drabužius, galvos apdangalus ir kitus panašius daiktus įmonėse, įstaigose, organizacijose ar transporto priemonėse tam skirtose vietose be specialaus jų perdavimo saugoti.

XLIII SKYRIUS PASKOLA

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

6.870 straipsnis. Paskolos sutarties samprata 1. Paskolos sutartimi viena šalis (paskolos davėjas) perduoda kitos šalies (paskolos gavėjo)

nuosavybėn pinigus arba rūšies požymiais apibūdintus suvartojamuosius daiktus, o paskolos gavėjas įsipareigoja grąžinti paskolos davėjui tokią pat pinigų sumą (paskolos sumą) arba tokį pat kiekį tokios pat rūšies ir kokybės kitų daiktų bei mokėti palūkanas, jeigu sutartis nenustato ko kita.

2. Paskolos sutartis pripažįstama sudaryta nuo pinigų arba daiktų perdavimo momento. 3. Paskolos gavėjas tampa jam perduotų daiktų (pinigų) savininku. Nuo daiktų perdavimo

momento paskolos gavėjui tenka daiktų atsitiktinio žuvimo ar sugedimo rizika.

6.871 straipsnis. Paskolos sutarties forma 1. Fizinių asmenų paskolos sutartis turi būti rašytinė, jeigu paskolos suma viršija du

tūkstančius litų. 2. Jeigu paskolos davėjas yra juridinis asmuo, paskolos sutartis turi būti rašytinė visais

atvejais, neatsižvelgiant į paskolos sutarties sumą. 3. Rašytinės formos reikalavimus atitinka paskolos gavėjo pasirašytas paskolos raštelis

arba kitoks skolos dokumentas, patvirtinantis paskolos sutarties dalyko perdavimą paskolos gavėjui.

6.872 straipsnis. Palūkanos 1. Palūkanų už naudojimąsi paskolos suma dydį ir mokėjimo tvarką nustato šalys

susitarimu. Jeigu šalys nėra susitarusios dėl palūkanų dydžio, palūkanos nustatomos pagal paskolos davėjo gyvenamosios ar verslo vietos komercinių bankų vidutinę palūkanų normą, galiojusią paskolos sutarties sudarymo momentu.

2. Jeigu šalys nėra susitarusios kitaip, palūkanos mokamos kas mėnesį, iki paskolos suma bus grąžinta.

3. Preziumuojama, kad paskolos sutartis yra neatlygintinė, jeigu paskolos sutarties dalykas yra rūšies požymiais apibūdinti daiktai, o paskolos sutartis nenustato ko kita. Jeigu paskolos dalykas yra pinigai, preziumuojama, kad paskolos sutartis yra atlygintinė.

6.873 straipsnis. Paskolos gavėjo pareiga grąžinti paskolos sumą 1. Paskolos gavėjas privalo grąžinti gautą paskolą paskolos davėjui sutartyje nustatytu

laiku ir tvarka.

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2. Jeigu paskolos sumos grąžinimo terminas sutartyje nenustatytas arba paskola turi būti grąžinta pagal pareikalavimą, tai paskolos sumą paskolos gavėjas privalo grąžinti per trisdešimt dienų nuo tos dienos, kai paskolos davėjas pareiškė reikalavimą įvykdyti sutartį, jeigu sutartis nenustato ko kita.

3. Jeigu paskolos sutartis nenustato ko kita, neatlygintinės paskolos sumą paskolos gavėjas turi teisę grąžinti prieš terminą.

4. Atlygintinės paskolos sumą paskolos gavėjas gali grąžinti prieš terminą tik paskolos davėjui sutikus.

5. Jeigu paskolos sutartis nenustato ko kita, paskolos suma pripažįstama grąžinta nuo jos perdavimo paskolos davėjui arba jos įskaitymo į paskolos davėjo sąskaitą banke momento.

6. Kai paskolos dalykas yra pinigų suma, paskolos gavėjas privalo grąžinti tik nominalią sumą, neatsižvelgiant į piniginio vieneto vertės pasikeitimus, jeigu sutartis nenustato ko kita.

6.874 straipsnis. Paskolos gavėjo sutarties pažeidimo pasekmės 1. Jeigu paskolos gavėjas laiku negrąžina paskolos sumos, jis privalo mokėti paskolos

davėjui šio kodekso 6.210 straipsnyje nustatytas palūkanas nuo tos dienos, kada paskolos suma turėjo būti grąžinta, iki jos grąžinimo dienos, neatsižvelgiant į palūkanų, nustatytų šio kodekso 6.37 straipsnyje, mokėjimą, jeigu paskolos sutartis nenustato ko kita.

2. Jeigu paskolos sutartis numato paskolos sumos grąžinimą dalimis ir eilinė paskolos sumos dalis laiku negrąžinama, paskolos davėjas turi teisę reikalauti grąžinti prieš terminą visą likusią paskolos sumą kartu su priklausančiomis mokėti palūkanomis.

6.875 straipsnis. Paskolos sutarties ginčijimas 1. Paskolos gavėjas turi teisę ginčyti paskolos sutartį, jeigu jis pinigų ar daiktų faktiškai

negavo arba gavo mažiau, negu nurodyta sutartyje. Šias aplinkybes privalo įrodyti paskolos gavėjas.

2. Jeigu paskolos sutartis turėjo būti rašytinė (šio kodekso 6.871 straipsnis), pagal šio straipsnio 1 dalį ginčyti paskolos sutartį remiantis liudytojų parodymais neleidžiama, išskyrus atvejus, numatytus šio kodekso 1.93 straipsnyje, taip pat kai paskolos sutartis buvo sudaryta apgaule, prievarta ar realiai grasinant arba dėl paskolos gavėjo atstovo piktavališko susitarimo su paskolos davėju, arba dėl susiklosčiusių sunkių aplinkybių.

3. Jeigu įrodoma, kad pinigai ar daiktai iš tikrųjų nebuvo paskolos gavėjui perduoti, paskolos sutartis pripažįstama nesudaryta. Kai paskolos gavėjas gavo mažiau pinigų ar daiktų, negu nurodyta sutartyje, paskolos sutartis pripažįstama sudaryta dėl faktiškai gautos pinigų sumos ar daiktų.

6.876 straipsnis. Paskolos gavėjo prievolių įvykdymo užtikrinimo praradimo teisinės pasekmės

Jeigu paskolos gavėjas neįvykdo paskolos sutartyje numatytos prievolės pateikti savo prievolių įvykdymo užtikrinimą arba pateiktas užtikrinimas prarandamas ar jo sąlygos pablogėja dėl aplinkybių, už kurias paskolos davėjas neatsako, paskolos davėjas turi teisę reikalauti, kad paskolos gavėjas grąžintų paskolos sumą prieš terminą ir sumokėtų palūkanas, jeigu paskolos sutartis nenustato ko kita.

6.877 straipsnis. Tikslinė paskola 1. Jeigu paskolos sutartis sudaryta nustatant joje sąlygą, kad paskolos gavėjas naudos

paskolos sumą tam tikram tikslui (tikslinė paskola), tai paskolos gavėjas privalo užtikrinti paskolos davėjo galimybę kontroliuoti, kaip paskolos gavėjas naudoja paskolos sumą.

2. Jeigu paskolos gavėjas naudoja paskolos sumą ne pagal paskolos sutartyje nustatytą tikslinę paskirtį arba pažeidžia šio straipsnio 1 dalyje nustatytą sąlygą, paskolos davėjas turi teisę reikalauti, kad paskolos gavėjas grąžintų paskolos sumą prieš terminą ir sumokėtų palūkanas, jeigu sutartis nenustato ko kita.

6.878 straipsnis. Vekselis

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Jeigu paskolos gavėjas išduoda vekselį, pagal kurį įsipareigoja suėjus vekselyje nurodytam terminui sumokėti gautą paskolos sumą, tai šio skyriaus normos šalių santykiams taikomos tiek, kiek jos neprieštarauja vekselius reglamentuojančiam įstatymui.

6.879 straipsnis. Obligacija 1. Įstatymų numatytais atvejais paskolos sutartis gali būti sudaryta išleidžiant ir

parduodant obligacijas. 2. Obligacija pripažįstamas vertybinis popierius, patvirtinantis jos turėtojo teisę gauti iš

obligaciją išleidusio asmens per obligacijoje nurodytą terminą obligacijos nominalią vertės dydžio sumą ar kitokį turtinį ekvivalentą. Obligacija taip pat suteikia jos turėtojui teisę gauti joje nurodytas palūkanas nuo nominalinės obligacijos vertės arba kitas turtines teises.

3. Šio skyriaus normos obligaciją išleidusio asmens ir jos turėtojo santykiams taikomos tik tuo atveju, jeigu įstatymai nenustato ko kita.

6.880 straipsnis. Skolos pakeitimas (novacija) paskolos prievole Šalių susitarimu skola, kilusi iš pirkimo–pardavimo, nuomos ar kitokios sutarties, gali būti

pakeista paskolos prievole pagal šio kodekso 6.141–6.144 straipsnių nustatytas taisykles.

ANTRASIS SKIRSNIS KREDITAVIMAS

6.881 straipsnis. Kreditavimo sutarties samprata 1. Kreditavimo sutartimi bankas ar kita kredito įstaiga (kreditorius) įsipareigoja suteikti

kredito gavėjui sutartyje nustatyto dydžio ir nustatytomis sąlygomis pinigines lėšas (kreditą), o kredito gavėjas įsipareigoja gautą sumą grąžinti kreditoriui ir mokėti palūkanas.

2. Kreditavimo santykiams šio skyriaus pirmojo skirsnio normos taikomos tiek, kiek tai neprieštarauja kreditavimo sutarties esmei ir šio skirsnio nustatytoms taisyklėms.

6.882 straipsnis. Kreditavimo sutarties forma Kreditavimo sutartis privalo būti rašytinė. Šio reikalavimo nesilaikymas kreditavimo

sutartį daro negaliojančią.

6.883 straipsnis. Atsisakymas suteikti ar priimti kreditą 1. Kreditorius turi teisę visiškai ar iš dalies atsisakyti suteikti kredito gavėjui sutartyje

numatytą kreditą, jeigu paaiškėjo aplinkybės, akivaizdžiai patvirtinančios, kad suteiktas kreditas nebus laiku grąžintas.

2. Kredito gavėjas turi teisę atsisakyti visiškai ar iš dalies priimti kreditą, pranešdamas apie tai kreditoriui iki sutartyje nustatyto kredito suteikimo termino, jeigu sutartyje nenustatyta ko kita.

3. Jeigu kredito gavėjas pažeidžia sutartyje nustatytą kredito tikslinio naudojimo pareigą (šio kodekso 6.877 straipsnis), kreditorius turi teisę atsisakyti toliau kredituoti paskolos gavėją ir pareikalauti prieš terminą grąžinti suteiktą kreditą.

6.884 straipsnis. Kreditavimas prekėmis 1. Šalys gali sudaryti kreditavimo prekėmis sutartį, kurioje nustatoma vienos šalies pareiga

perduoti kitai šaliai pagal rūšies požymius apibūdintus daiktus. Tokiai sutarčiai taikomos šio skirsnio normos, jeigu šalių sutartyje nenustatyta ko kita.

2. Perduodamų prekių kiekis, asortimentas, komplektiškumas, kokybė, tara ir pakuotė nustatomi pagal šio kodekso 6.327–6.333 straipsnių taisykles, jeigu ko kita nenustato šalių susitarimas ir tai neprieštarauja sutarties esmei.

6.885 straipsnis. Komercinis kreditavimas 1. Šalys sutartyje, kurios vykdymas susijęs su pinigų ar pagal rūšies požymius apibūdintų

daiktų perdavimu kitos šalies nuosavybėn, gali numatyti kredito suteikimą. Kreditas gali būti suteikiamas avansą, išankstinį apmokėjimą, prekių, darbų ar paslaugų apmokėjimą atidedant ar išdėstant (komercinis kreditavimas).

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2. Komercinio kreditavimo santykiams taikomos šio skirsnio normos, jeigu ko kita nenustato šalių susitarimas ir tai neprieštarauja sutarties esmei.

TREČIASIS SKIRSNIS VARTOJIMO KREDITAS

6.886 straipsnis. Vartojimo kredito sutarties samprata 1. Vartojimo kredito sutartimi kredito davėjas suteikia arba įsipareigoja suteikti kredito

gavėjui vartojimo kreditą atidėto mokėjimo, paskolos forma arba kitu panašiu finansiniu būdu, išskyrus sutartis dėl nuolatinio tos pačios rūšies paslaugų teikimo ar tos pačios rūšies prekių tiekimo, kai kredito gavėjas už teikiamas paslaugas ar tiekiamas prekes moka dalimis jų teikimo ar tiekimo metu.

2. Kredito davėjas, teikdamas vartojimo kredito paslaugą, privalo užtikrinti tinkamą atsakingo skolinimo principo įgyvendinimą.

3. Su vartojimo kreditu susijusius santykius reglamentuoja šis kodeksas ir kiti įstatymai. 4. Pagal šį straipsnį kredito davėjas yra asmuo, kuris įstatymų nustatyta tvarka ir atvejais

dėl savo komercinės veiklos teikia arba įsipareigoja teikti vartojimo kreditus. Straipsnio pakeitimai: Nr. XI-1254, 2010-12-23, Žin., 2011, Nr. 1-2 (2011-01-04)

6.887 straipsnis. Neteko galios nuo 2011 m. balandžio 1 d. Straipsnio pakeitimai: Nr. XI-1254, 2010-12-23, Žin., 2011, Nr. 1-2 (2011-01-04)

6.888 straipsnis. Neteko galios nuo 2011 m. balandžio 1 d. Straipsnio pakeitimai: Nr. XI-1254, 2010-12-23, Žin., 2011, Nr. 1-2 (2011-01-04)

6.889 straipsnis. Neteko galios nuo 2011 m. balandžio 1 d. Straipsnio pakeitimai: Nr. XI-1254, 2010-12-23, Žin., 2011, Nr. 1-2 (2011-01-04)

6.890 straipsnis. Neteko galios nuo 2011 m. balandžio 1 d. Straipsnio pakeitimai: Nr. XI-1254, 2010-12-23, Žin., 2011, Nr. 1-2 (2011-01-04)

6.891 straipsnis. Neteko galios nuo 2011 m. balandžio 1 d. Straipsnio pakeitimai: Nr. XI-1254, 2010-12-23, Žin., 2011, Nr. 1-2 (2011-01-04)

XLIV SKYRIUS BANKO INDĖLIS

6.892 straipsnis. Banko indėlio sutarties samprata 1. Banko indėlio sutartimi (depozitu) viena šalis (bankas ar kita kredito įstaiga)

įsipareigoja priimti iš kitos šalies (indėlininko) arba, gavusi kitai šaliai pervestą pinigų sumą (indėlį), įsipareigoja grąžinti indėlį ir sumokėti už jį palūkanas sutartyje nustatytomis sąlygomis ir tvarka.

2. Banko indėlio sutartis, kai indėlininkas yra fizinis asmuo, pripažįstama vieša sutartimi. 3. Banko ar kitos kredito įstaigos ir indėlininko, turinčio sąskaitą, į kurią įdėtas indėlis,

santykiams taikomos šios knygos XLVI skyriaus normos, reglamentuojančios banko sąskaitos sutartį, jeigu šio skyriaus taisyklės nenustato ko kita ir tai neprieštarauja banko indėlio sutarties esmei.

6.893 straipsnis. Teisė priimti indėlius 1. Teisę priimti indėlius turi tik bankai ir kitos kredito įstaigos, turinčios tokiai veiklai

įstatymo nustatyta tvarka išduotą leidimą (licenciją).

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2. Jeigu indėlį priėmė asmuo, neturintis tam teisės, arba indėlis buvo priimtas pažeidžiant nustatytas bankų veiklos taisykles, indėlininkas turi teisę reikalauti nedelsiant jam grąžinti visas įmokėtas sumas, įstatymo nustatytas palūkanas ir nuostolius, kiek jų nepadengia palūkanos.

3. Jeigu įstatymas nenustato ko kita, šio straipsnio 2 dalyje nustatytos teisinės pasekmės taip pat taikomos, kai:

1) piniginės lėšos surenkamos parduodant akcijas ir kitus vertybinius popierius, kurių išleidimas pripažintas neteisėtu;

2) piniginės lėšos surenkamos išduodant vekselius ar kitokius vertybinius popierius, o jų turėtojams nesuteikiama teisė gauti pinigines lėšas pagal pirmą pareikalavimą.

6.894 straipsnis. Banko indėlio sutarties forma 1. Banko indėlio sutartis turi būti rašytinė. 2. Rašytine sutarties forma pripažįstama indėlininko knygelė, depozito sertifikatas arba

kitoks banko ar kitos kredito įstaigos išduotas dokumentas, atitinkantis nustatytas bankų ar kitų kredito įstaigų veiklos taisykles.

3. Jeigu rašytinės formos nesilaikoma, banko indėlio sutartis negalioja.

6.895 straipsnis. Indėlių rūšys 1. Banko indėlio sutartis gali būti sudaryta nustatant banko ar kitos kredito įstaigos pareigą

išmokėti indėlį pagal pirmą pareikalavimą (indėlis iki pareikalavimo) arba nustatant banko ar kitos kredito įstaigos pareigą išmokėti indėlį praėjus tam tikram terminui (terminuotas indėlis).

2. Bankų ar kitų kreditų įstaigų veiklą reglamentuojantys teisės aktai bei šalys susitarimu gali nustatyti ir kitokias indėlių rūšis.

3. Nepaisant indėlio rūšies, bankas ar kita kredito įstaiga privalo išmokėti visą ar dalį indėlio pagal pirmą indėlininko pareikalavimą. Sutarties sąlyga, numatanti indėlininko atsisakymą teisės gauti indėlį pagal pirmą pareikalavimą, negalioja.

4. Kai indėlis išmokamas indėlininkui prieš sueinant sutartyje nustatytam terminui ar prieš susidarant kitoms joje numatytoms aplinkybėms (išskyrus indėlius iki pareikalavimo), palūkanos išmokamos tokio dydžio, kuris atitinka indėliams iki pareikalavimo nustatytas palūkanas, jeigu sutartis nenustato ko kita.

5. Jeigu indėlininkas nereikalauja išmokėti terminuoto indėlio pasibaigus jo terminui ar susidaro kitos sutartyje numatytos aplinkybės, tai sutartis pripažįstama pratęsta indėlio iki pareikalavimo sąlygomis, jeigu sutartis nenustato ko kita.

6.896 straipsnis. Palūkanos 1. Bankas ar kita kredito įstaiga moka indėlininkui sutartyje nustatyto dydžio palūkanas. 2. Palūkanų dydis gali būti diferencijuojamas pagal indėlio rūšį. Draudžiama nustatyti

palūkanų dydį pagal indėlininko asmenines, tarnybines ar kitas savybes, nesusijusias su indėlio suma, rūšimi ar terminu.

3. Jeigu palūkanų dydis sutartyje neaptartas, bankas ar kita kredito įstaiga moka vidutinę palūkanų normą, galiojusią sutarties sudarymo dieną sutarties sudarymo vietoje.

4. Jeigu sutartis nenustato ko kita, bankas ar kita kredito įstaiga turi teisę vienašališkai keisti palūkanų, mokamų už indėlius iki pareikalavimo, dydį. Jeigu bankas ar kita kredito įstaiga sumažina palūkanų dydį, tai nauja palūkanų norma pradedama taikyti indėliams, kurie yra įmokėti iki pranešimo indėlininkams apie palūkanų dydžio sumažinimą, tik praėjus mėnesiui nuo šio pranešimo, jeigu ko kita nenustato sutartis.

5. Palūkanų, mokamų už terminuotus ar kitokius indėlius, dydžio bankas ar kita kredito įstaiga vienašališkai mažinti neturi teisės, jeigu ko kita nenustato sutartis.

6.897 straipsnis. Palūkanų apskaičiavimas ir mokėjimas 1. Palūkanos už indėlius pradedamos skaičiuoti nuo kitos dienos po indėlio priėmimo

dienos iki dienos, einančios prieš dieną, kai indėlis buvo išmokėtas ar nurašytas iš sąskaitos kitais pagrindais.

2. Jeigu sutartis nenustato ko kita, palūkanos išmokamos indėlininkui pagal jo reikalavimą, pasibaigus ketvirčiui, atskirai nuo indėlio sumos. Neišmokėtų palūkanų suma indėlis padidinamas, o palūkanos skaičiuojamos nuo padidėjusios sumos.

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3. Išmokant indėlį kartu išmokamos iki to momento priskaičiuotos palūkanos.

6.898 straipsnis. Indėlių grąžinimo užtikrinimas 1. Bankas ir kita kredito įstaiga užtikrina indėlių grąžinimą įstatymų nustatyta tvarka

privalomai juos drausdami, o įstatymų nustatytais atvejais – ir kitais būdais. 2. Sudarant banko indėlio sutartį, bankas ar kita kredito įstaiga privalo suteikti indėlininkui

informaciją apie indėlio grąžinimo užtikrinimą. 3. Jeigu bankas ar kita kredito įstaiga nevykdo savo pareigos užtikrinti indėlio grąžinimą,

taip pat praradus užtikrinimą arba jam pablogėjus, indėlininkas turi teisę reikalauti, kad bankas ar kita kredito įstaiga nedelsdami grąžintų indėlį, sumokėtų palūkanas ir atlygintų nuostolius.

6.899 straipsnis. Trečiųjų asmenų teisė įmokėti pinigus į indėlininko sąskaitą Tretieji asmenys turi teisę įmokėti pinigus į indėlininko sąskaitą, jeigu sutartis nenustato

ko kita. Tokiu atveju bankas ar kita kredito įstaiga privalo visas sumas, gautas indėlininko vardu, pervesti į indėlininko sąskaitą. Šiais atvejais preziumuojama, kad indėlininkas sutiko priimti pinigų sumas iš trečiųjų asmenų ir suteikė jiems būtinus duomenis apie savo indėlio sąskaitą.

6.900 straipsnis. Indėliai trečiojo asmens naudai 1. Indėlis gali būti įdėtas į banką ar kitą kredito įstaigą trečiojo asmens naudai. Jeigu

sutartis nenustato ko kita, šis trečiasis asmuo įgyja indėlininko teises nuo savo pirmojo pareikalavimo bankui ar kitai kredito įstaigai momento arba nuo savo ketinimo naudotis indėlininko teisėmis išreiškimo kitokiu būdu momento.

2. Banko indėlio sutarties trečiojo asmens naudai esminė sąlyga yra trečiojo asmens vardas ir pavardė arba pavadinimas.

3. Banko indėlio sutartis trečiojo asmens, mirusio iki sutarties sudarymo momento arba neegzistuojančio sutarties sudarymo momentu, naudai negalioja.

4. Asmuo, sudaręs banko indėlio sutartį trečiojo asmens naudai, turi teisę pasinaudoti indėlininko teisėmis tik iki to momento, kol trečiasis asmuo nepareiškia savo ketinimo pasinaudoti indėlininko teisėmis.

5. Normos, reglamentuojančios sutartį trečiojo asmens naudai, banko ar kitos kredito įstaigos indėlio sutarčiai trečiojo asmens naudai taikomos tiek, kiek tai neprieštarauja šio straipsnio nustatytoms taisyklėms ir banko indėlio sutarties esmei.

6.901 straipsnis. Indėlininko knygelė 1. Jeigu sutartis nenustato ko kita, banko indėlio sutartis įforminama indėlininko knygele.

Indėlininko knygelė gali būti tik vardinė. 2. Indėlininko knygelėje privalo būti nurodytas banko ar kitos kredito įstaigos

pavadinimas, adresas ir kiti jų rekvizitai, indėlininkas, indėlio dydis, visos sutarties sąlygos, taip pat tvarkoma įmokėtų ir išmokėtų pinigų sumų apskaita, nurodomos apskaičiuotos ir išmokėtos palūkanos.

3. Visos su indėliu susijusios operacijos atliekamos tik pateikus indėlininko knygelę. 4. Prarasta ar netinkama naudoti knygelė keičiama banko ar kitos kredito įstaigos nustatyta

tvarka.

6.902 straipsnis. Indėlio sertifikatas 1. Indėlio sertifikatas yra vertybinis popierius, patvirtinantis indėlio sumą ir indėlininko

teises į indėlį bei į palūkanas pasibaigus nustatytam indėlio terminui. 2. Indėlio sertifikatas gali būti tik vardinis.

XLV SKYRIUS FAKTORINGAS

6.903 straipsnis. Faktoringo sutarties samprata 1. Faktoringo sutartimi viena šalis (finansuotojas) perduoda arba įsipareigoja perduoti kitai

šaliai (klientui) pinigus mainais už kliento (kreditoriaus) piniginį reikalavimą, susijusį su prekių pardavimu, darbų atlikimu ar paslaugų teikimu, trečiajam asmeniui (skolininkui), o klientas

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perleidžia arba įsipareigoja perleisti finansuotojui piniginį reikalavimą skolininkui (finansavimas su sąlyga perleisti piniginį reikalavimą) ir mokėti sutartyje nustatytą atlyginimą.

2. Piniginį reikalavimą skolininkui klientas gali perleisti finansuotojui taip pat ir siekdamas užtikrinti savo prievolių finansuotojui įvykdymą.

3. Faktoringo sutartis gali nustatyti finansuotojo pareigą tvarkyti kliento veiklos buhalterinę apskaitą, teikti klientui finansines paslaugas, susijusias su piniginiais reikalavimais, esančiais perleidimo dalyku.

4. Faktoringo sutartis gali būti ilgalaikė arba sudaroma atskiram atvejui.

6.904 straipsnis. Finansuotojas Finansuotoju pagal faktoringo sutartį gali būti tik bankas arba kitas pelno siekiantis

juridinis asmuo, įstatymų nustatyta tvarka turintys teisę vykdyti faktoringo veiklą.

6.905 straipsnis. Faktoringo sutarties dalykas 1. Faktoringo sutarties dalyku, kuriam teikiamas finansavimas, gali būti piniginis

reikalavimas, pagal kurį jau yra suėjęs mokėjimo terminas (esamas reikalavimas), taip pat atsirasianti teisė gauti pinigines sumas (būsimas reikalavimas).

2. Faktoringo sutarties dalyku esantis piniginis reikalavimas privalo būti apibrėžtas finansuotojo ir kliento sudarytoje sutartyje taip, kad faktoringo sutarties sudarymo momentu būtų galima identifikuoti esamą reikalavimą, o būsimą reikalavimą – ne vėliau kaip jo atsiradimo momentu.

3. Perleidžiant būsimą piniginį reikalavimą pripažįstama, kad jis perėjo finansuotojui po to, kai atsirado teisė reikalauti sutartyje nustatytų pinigų sumų iš skolininko. Jeigu piniginio reikalavimo perleidimas siejamas su tam tikru įvykiu, perleidimas pripažįstamas įvykusiu, kai tas įvykis įvyksta. Tokiais atvejais papildomai įforminti piniginio reikalavimo perleidimą nereikia.

6.906 straipsnis. Kliento atsakomybė finansuotojui 1. Jeigu faktoringo sutartis nenustato ko kita, klientas atsako finansuotojui už perleidžiamo

piniginio reikalavimo, esančio sutarties dalyku, galiojimą. 2. Perleidžiamas piniginis reikalavimas yra galiojantis, jeigu klientas turi teisę šį

reikalavimą perleisti ir perleidimo momentu jam nėra žinomos aplinkybės, dėl kurių skolininkas turėtų teisę to reikalavimo nevykdyti.

3. Jeigu finansuotojas pareikalauja įvykdyti jam perleistą piniginį reikalavimą, o skolininkas jo neįvykdo ar įvykdo netinkamai, tai klientas neatsako už tokius skolininko veiksmus, jeigu sutartis nenustato ko kita.

6.907 straipsnis. Draudimo perleisti piniginį reikalavimą negaliojimas 1. Piniginio reikalavimo perleidimas finansuotojui galioja ir tais atvejais, kai kliento ir

skolininko sudaryta sutartis tą daryti draudžia ar riboja. 2. Šio straipsnio 1 dalyje nustatyta taisyklė neatleidžia kliento nuo prievolių ir

atsakomybės skolininkui už sutarties sąlygos, draudžiančios ar ribojančios reikalavimo perleidimą, pažeidimą.

6.908 straipsnis. Pakartotinis piniginio reikalavimo perleidimas 1. Jeigu faktoringo sutartis nenustato ko kita, finansuotojas neturi teisės perleisti jam

perleisto piniginio reikalavimo. 2. Jeigu faktoringo sutartis leidžia pakartotinį perleidimą, tai tokiam perleidimui

atitinkamai taikomos šio skyriaus normos.

6.909 straipsnis. Piniginio reikalavimo vykdymas 1. Skolininkas privalo sumokėti pinigų sumas finansuotojui, jeigu skolininkas yra gavęs iš

kliento arba finansuotojo rašytinį pranešimą apie piniginio reikalavimo perleidimą finansuotojui ir pranešime nurodytas piniginis reikalavimas bei finansuotojas, kuriam turi būti įvykdyta prievolė.

2. Skolininko reikalavimu finansuotojas privalo jam per protingą terminą pateikti piniginio reikalavimo perleidimo įrodymus. Jeigu finansuotojas šios pareigos neįvykdo, skolininkas turi teisę prievolę įvykdyti klientui.

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3. Piniginio reikalavimo įvykdymas finansuotojui pagal šio straipsnio nustatytas taisykles atleidžia skolininką nuo atitinkamos prievolės vykdymo klientui.

6.910 straipsnis. Finansuotojo teisės į pinigų sumas, gaunamas iš skolininko 1. Jeigu kliento finansavimas pagal faktoringo sutartį pasireiškia piniginio reikalavimo

pirkimu iš kliento, tai finansuotojas, nupirkęs šį reikalavimą, įgyja teisę į visas sumas, kurias jis gauna iš skolininko, kai šis vykdo reikalavimą, o klientas atsako finansuotojui už tai, kad šis iš skolininko gavo mažiau, nei sumokėjo klientui už nupirktą reikalavimą, jeigu sutartis nenustato ko kita.

2. Jeigu klientas perleido piniginį reikalavimą finansuotojui norėdamas užtikrinti savo prievolių įvykdymą finansuotojui, tai finansuotojas privalo pateikti klientui ataskaitą ir perduoti jam sumą, viršijančią tokiu būdu užtikrintą kliento skolą, jeigu sutartis nenustato ko kita. Jeigu finansuotojas iš skolininko gavo mažesnę sumą nei kliento užtikrinta skola, tai klientas atsako finansuotojui už likusią nepadengtą skolos dalį.

6.911 straipsnis. Skolininko priešiniai reikalavimai 1. Kai finansuotojas pareiškia reikalavimą skolininkui, kad šis sumokėtų pinigus,

skolininkas turi teisę įskaityti savo priešinius piniginius reikalavimus, kylančius iš skolininko ir kliento sutarties, jeigu šiuos reikalavimus skolininkas jau turėjo tuo momentu, kai gavo pranešimą apie reikalavimo perleidimą finansuotojui.

2. Skolininkas negali savo gynybai naudoti finansuotojui tų reikalavimų, kuriuos skolininkas galėjo pareikšti klientui dėl to, kad klientas pažeidė draudimą perleisti piniginį reikalavimą.

6.912 straipsnis. Skolų, kurias gavo finansuotojas, grąžinimas skolininkui 1. Kai klientas pažeidžia su skolininku sudarytą sutartį, skolininkas neturi teisės reikalauti

iš finansuotojo grąžinti sumas, kurias šis jau yra gavęs, jeigu skolininkas turi teisę gauti tas sumas tiesiai iš kliento.

2. Skolininkas, turintis teisę išieškoti finansuotojui sumokėtas sumas tiesiai iš kliento, turi teisę reikalauti, kad tas sumas grąžintų finansuotojas, jeigu įrodo, kad finansuotojas nesumokėjo faktoringo sutartyje nustatytos sumos klientui arba ją sumokėjo žinodamas, kad klientas neįvykdė savo prievolės skolininkui.

XLVI SKYRIUS BANKO SĄSKAITA

6.913 straipsnis. Banko sąskaitos sutarties samprata 1. Banko sąskaitos sutartimi bankas įsipareigoja priimti ir įskaityti pinigus į kliento

(sąskaitos savininko) atidarytą sąskaitą, vykdyti kliento nurodymus dėl tam tikrų sumų pervedimo ir išmokėjimo iš sąskaitos bei atlikti kitokias banko atliekamas operacijas, o klientas įsipareigoja apmokėti bankui už suteiktas paslaugas ir operacijas.

2. Bankas gali disponuoti kliento sąskaitoje esančiomis lėšomis su sąlyga, jeigu užtikrina kliento teisę netrukdomai disponuoti tomis lėšomis.

3. Bankas neturi teisės nustatyti ir kontroliuoti kliento pinigų naudojimo ar nustatyti kitokius įstatymo ar banko sąskaitos sutarties nenumatytus kliento teisės disponuoti sąskaitoje esančiomis lėšomis savo nuožiūra apribojimus.

6.914 straipsnis. Banko sąskaitos sutarties sudarymas 1. Sudarius banko sąskaitos sutartį, klientui ar jo nurodytam asmeniui banke atidaroma

sąskaita sutartyje nustatytomis sąlygomis. 2. Bankas privalo sudaryti banko sąskaitos sutartį su klientu, kuris kreipėsi su prašymu

atidaryti sąskaitą, pagal banko paskelbtas tam tikros sąskaitos rūšies atidarymo sąlygas, turinčias atitikti įstatymų ir bankų veiklą nustatančių teisės aktų reikalavimus.

3. Bankas neturi teisės atsisakyti atidaryti sąskaitą, jeigu jos atidarymo galimybė yra nustatyta įstatyme, banko veiklos dokumentuose arba bankui išduotoje licencijoje, išskyrus atvejus, kai tokį atsisakymą leidžia įstatymai.

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6.915 straipsnis. Teisės disponuoti sąskaitoje esančiomis lėšomis patvirtinimas 1. Asmenų, turinčių teisę kliento vardu disponuoti sąskaitoje esančiomis lėšomis, teisės

patvirtinamos įstatyme ar kitame teisės akte ir banko sąskaitos sutartyje numatytais dokumentais, kurie nustatyta tvarka turi būti pateikti bankui.

2. Klientas turi teisę nurodyti bankui nurašyti iš sąskaitos lėšas pagal trečiųjų asmenų reikalavimą. Tokius nurodymus bankas priima, jeigu klientas raštu nurodo būtinus duomenis, leidžiančius identifikuoti asmenį, turintį teisę nurašyti iš sąskaitos lėšas.

3. Banko sąskaitos sutartyje gali būti numatyta, kad teisė disponuoti sąskaitoje esančiomis lėšomis patvirtinama elektroninėmis mokėjimo priemonėmis panaudojant asmens parašą, kodą, slaptažodį ar kitus duomenis, patvirtinančius, kad nurodymą davė šią teisę turintis asmuo.

6.916 straipsnis. Banko atliekamos operacijos Bankas privalo klientui atlikti operacijas, kurias atitinkamos rūšies sąskaitoms nustato

įstatymas, kiti bankų veiklos teisės aktai bei bankininkystės papročiai, jeigu banko sąskaitos sutartis nenumato ko kita.

6.917 straipsnis. Operacijų atlikimo terminai 1. Bankas privalo įskaityti į kliento sąskaitą gautas lėšas ne vėliau kaip kitą dieną po

dienos, kurią gavo atitinkamą mokėjimo dokumentą, jeigu banko sąskaitos sutartis nenustato kitokio termino.

2. Bankas privalo išmokėti arba pervesti lėšas kliento nurodymu ne vėliau kaip kitą dieną po dienos, kurią gavo atitinkamą mokėjimo dokumentą, jeigu banko sąskaitos sutartis nenustato ko kita.

6.918 straipsnis. Sąskaitos kreditavimas 1. Jeigu bankas pagal banko sąskaitos sutartį išmoka pinigus iš kliento sąskaitos

neatsižvelgdamas į tai, ar joje yra pinigų (sąskaitos kreditavimas), tai pripažįstama, kad bankas suteikia klientui atitinkamos sumos kreditą nuo pinigų išmokėjimo dienos.

2. Banko ir kliento santykiams, susijusiems su sąskaitos kreditavimu mutatis mutandis, taikomos šios knygos XLIII normos, jeigu banko sąskaitos sutartis nenustato ko kita.

6.919 straipsnis. Banko paslaugų ir operacijų atlyginimas 1. Klientas apmoka už banko suteiktas paslaugas ir atliktas operacijas banko sąskaitos

sutartyje nustatytomis sąlygomis ir tvarka. 2. Bankas turi teisę nurašyti iš kliento sąskaitos kas ketvirtį sumas, priklausančias bankui

už jo suteiktas klientui paslaugas, jeigu banko sąskaitos sutartis nenustato ko kita.

6.920 straipsnis. Palūkanos už naudojimąsi sąskaitoje esančiomis lėšomis Bankas moka klientui sutartyje nustatytas palūkanas už naudojimąsi sąskaitoje esančiomis

lėšomis, jeigu banko sąskaitos sutartis nenustato ko kita. Palūkanos pervedamos į kliento sąskaitą sutartyje nustatytais terminais, o jeigu šie terminai nenustatyti, – pasibaigus kiekvienam ketvirčiui.

6.921 straipsnis. Banko ir kliento tarpusavio reikalavimų įskaitymas 1. Banko ir kliento piniginiai reikalavimai, susiję su sąskaitos kreditavimu, banko paslaugų

apmokėjimu, palūkanų mokėjimu, pasibaigia įskaitymo būdu, jeigu banko sąskaitos sutartis nenustato ko kita.

2. Šio straipsnio 1 dalyje numatytų reikalavimų įskaitymą atlieka bankas. Jis privalo informuoti apie atliktą įskaitymą klientą per sutartyje nustatytą terminą, o jeigu jis nenustatytas, – per protingą terminą.

6.922 straipsnis. Lėšų nurašymo iš sąskaitos pagrindai 1. Lėšos iš sąskaitos nurašomos kliento nurodymu. 2. Be kliento nurodymo lėšos gali būti nurašomos teismo sprendimu, taip pat kitais

įstatymo ar banko sąskaitos sutarties numatytais atvejais.

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6.923 straipsnis. Lėšų nurašymo eiliškumas 1. Jeigu sąskaitoje yra pakankamai lėšų visiems pareikštiems reikalavimams patenkinti,

lėšos nurašomos pagal kliento nurodymų ir kitų dokumentų gavimo eilę (kalendorinis eiliškumas), jeigu įstatymai nenustato ko kita.

2. Jeigu visiems pareikštiems reikalavimams patenkinti lėšų sąskaitoje nepakanka, skolininkas privalo nurodyti lėšas nurašyti iš sąskaitos šia eile:

1) pirmąja eile nurašomos lėšos pagal vykdomuosius dokumentus dėl žalos, padarytos dėl sveikatos sužalojimo ar gyvybės atėmimo, atlyginimo ir išlaikymo išieškojimo;

2) antrąja eile nurašomos lėšos pagal vykdomuosius dokumentus dėl išmokų, kylančių iš darbo ir autorinių sutarčių;

3) trečiąja eile nurašomos lėšos pagal mokėjimo dokumentus, nustatančius įmokas į biudžetą (valstybės, savivaldybės ar socialinio draudimo);

4) ketvirtąja eile nurašomos lėšos pagal vykdomuosius dokumentus kitiems piniginiams reikalavimams patenkinti;

5) penktąja eile nurašomos lėšos pagal kitus mokėjimo dokumentus kalendorinio eiliškumo tvarka.

3. Lėšos pagal reikalavimus, priklausančius tai pačiai eilei, nurašomos mokėjimo dokumentų gavimo kalendorinio eiliškumo tvarka.

4. Lėšų nurašymo eilę vykdymo proceso, bankroto ir kitais įstatymų numatytais atvejais nustato kiti įstatymai.

6.924 straipsnis. Banko atsakomybė už netinkamą operacijų atlikimą Jeigu bankas ne laiku įskaito gautas lėšas į kliento sąskaitą arba jas nepagrįstai nurašo iš

sąskaitos, taip pat jei nevykdo kliento nurodymų dėl lėšų pervedimo ar išmokėjimo iš sąskaitos, bankas privalo mokėti klientui banko sąskaitos sutartyje nustatytas palūkanas, o jeigu jos nenustatytos, – šio kodekso 6.210 straipsnyje nustatytas palūkanas.

6.925 straipsnis. Banko paslaptis 1. Bankas privalo garantuoti banko sąskaitos, indėlio, visų su jais susijusių operacijų ir

kliento slaptumą. 2. Informacija, sudaranti banko paslaptį, gali būti atskleista tik patiems klientams ar jų

atstovams, o įstatymų nustatytais atvejais ir tvarka – atitinkamoms valstybės valdžios institucijoms, pareigūnams ir kitiems asmenims.

3. Jeigu bankas atskleidžia banko paslaptį, klientas turi teisę reikalauti, kad bankas atlygintų tuo padarytus nuostolius.

6.926 straipsnis. Disponavimo sąskaita apribojimas Draudžiama apriboti kliento galimybę disponuoti sąskaitoje esančiomis lėšomis, išskyrus

atvejus, kai sąskaitoje esančios lėšos areštuojamos arba banko atliekamos operacijos sustabdomos įstatymo nustatytais atvejais ir tvarka.

6.927 straipsnis. Banko sąskaitos sutarties nutraukimas 1. Kliento pareiškimu banko sąskaitos sutartis gali būti nutraukta bet kada. 2. Banko reikalavimu banko sąskaitos sutartis gali būti nutraukta, jeigu: 1) lėšų, esančių klientų sąskaitoje, suma sumažėja tiek, kad nesiekia sutartyje nustatytos

minimalios sumos, ir per vieną mėnesį nuo banko išsiųsto pranešimo dienos klientas jos nepadidina;

2) jeigu daugiau kaip metus su kliento sąskaita nebuvo atliekamos jokios operacijos ir jeigu banko sutartis nenustato ko kita.

3. Lėšų likutis sąskaitoje išduodamas klientui arba jo nurodymu pervedamas į kitą sąskaitą ne vėliau kaip per penkias darbo dienas nuo atitinkamo rašytinio kliento pareiškimo gavimo dienos. Jeigu klientas nedavė nurodymo pervesti lėšas į kitą sąskaitą, bankas lėšas perveda į banko vidines sąskaitas.

4. Banko sąskaitos sutarties nutraukimas yra pagrindas sąskaitą uždaryti. Banko sąskaitos sutartis galioja iki sąskaitos uždarymo.

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6.928 straipsnis. Bankų sąskaitos Šio skyriaus normos atitinkamai taikomos ir bankų korespondentinėms bei kitokioms

sąskaitoms, jeigu įstatymai ar bankų veiklos teisės aktai nenustato ko kita.

XLVII SKYRIUS ATSISKAITYMAI

PIRMASIS SKIRSNIS BENDROSIOS NUOSTATOS

6.929 straipsnis. Atsiskaitymas grynaisiais ir negrynaisiais pinigais 1. Atsiskaitymai dalyvaujant fiziniams asmenims, kurie nesiverčia ūkine komercine veikla,

gali būti atliekami grynaisiais pinigais, neribojant sumos, arba negrynaisiais pinigais. 2. Atsiskaitymai tarp juridinių asmenų, taip pat atsiskaitymai dalyvaujant fiziniams

asmenims, užsiimantiems ūkine komercine veikla, vykdomi negrynaisiais pinigais, o įstatymų nustatytais atvejais ir tvarka – ir grynaisiais pinigais.

3. Atsiskaitymas negrynaisiais pinigais atliekamas per bankus, kuriuose yra atidarytos atitinkamos sąskaitos, jeigu ko kita nenustatyta įstatyme arba ko neriboja naudojamos atsiskaitymų formos.

4. Atsiskaitymus čekiais ir vekseliais atitinkamai reglamentuoja čekių ir vekselių įstatymai.

6.930 straipsnis. Atsiskaitymų negrynaisiais pinigais priemonės 1. Atsiskaitymai negrynaisiais pinigais atliekami naudojant mokėjimo pavedimus,

akredityvus, čekius, vekselius, inkaso ir kitas įstatymų nustatytas atsiskaitymų priemones. 2. Šalys turi teisę pasirinkti ir nustatyti bet kurią tarpusavio atsiskaitymų priemonę,

nustatytą šio straipsnio 1 dalyje.

ANTRASIS SKIRSNIS ATSISKAITYMAI MOKĖJIMO PAVEDIMAIS

6.931 straipsnis. Bendrosios nuostatos 1. Atsiskaitant mokėjimo pavedimais bankas įsipareigoja pagal mokėtojo pavedimą

pervesti nurodytą sumą iš mokėtojo sąskaitos į kitą mokėtojo nurodytą sąskaitą tame pačiame arba kitame banke per įstatymų ar įstatymų nustatyta tvarka nustatytus terminus, jeigu trumpesni terminai nėra nustatyti banko sąskaitos sutartyje ar banko veiklos taisyklėse.

2. Šio skirsnio taisyklės taip pat taikomos atsiskaitymams, kai bankas lėšas perveda asmens, neturinčio sąskaitos tame banke, pavedimu, jeigu ko kita nenustato įstatymai ar banko veiklos taisyklės.

3. Atsiskaitymus mokėjimo pavedimais reglamentuoja įstatymai ir bankų veiklos taisyklės.

6.932 straipsnis. Mokėjimo pavedimo vykdymo sąlygos 1. Mokėjimo pavedimo turinys ir forma, taip pat kartu su juo pateiktų dokumentų turinys ir

forma turi atitikti įstatymų ir banko veiklos taisyklių nustatytus reikalavimus. 2. Jeigu mokėjimo pavedimas neatitinka šio straipsnio 1 dalyje nurodytų reikalavimų,

bankas gali pareikalauti patikslinti mokėjimo pavedimo rekvizitus. Tokį pareikalavimą bankas privalo nusiųsti mokėtojui nedelsdamas po to, kai gaunamas mokėtojo pavedimas. Jeigu per įstatymų ar bankų veiklos taisyklių nustatytą terminą, o jeigu jis nenustatytas, – per protingą terminą bankas negauna atsakymo į savo pareikalavimą, tai jis turi teisę nevykdyti mokėjimo pavedimo ir grąžinti jį mokėtojui, jeigu ko kita nenustato įstatymas, banko veiklos taisyklės ar banko ir mokėtojo sudaryta sutartis.

3. Mokėtojo pavedimą bankas vykdo, jeigu mokėtojo sąskaitoje yra pinigų, jeigu ko kita nenustato banko ir mokėtojo sudaryta sutartis. Mokėjimo pavedimai vykdomi laikantis šio kodekso 6.923 straipsnyje nustatytos lėšų nurašymo nuo sąskaitos eilės.

6.933 straipsnis. Pavedimo įvykdymas

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1. Bankas, priėmęs mokėjimo pavedimą, privalo pervesti jame nurodytą pinigų sumą į gavėjo banką, kad ją įskaitytų į pavedime nurodyto asmens sąskaitą per šio kodekso 6.931 straipsnio 1 dalyje nurodytą terminą.

2. Bankas turi teisę pasitelkti kitus bankus atlikti operacijas, susijusias su mokėjimo pavedimo įvykdymu.

3. Bankas privalo nedelsdamas pranešti mokėtojui, kai šis pareikalauja, apie pavedimo įvykdymą. Tokio pranešimo turinį ir formą nustato banko veiklos taisyklės bei banko ir mokėtojo sudaryta sutartis.

6.934 straipsnis. Atsakomybė už mokėjimo pavedimo neįvykdymą ar netinkamą įvykdymą

1. Bankas, neįvykdęs ar netinkamai įvykdęs mokėjimo pavedimą, atsako pagal bendrąsias sutartinės civilinės atsakomybės taisykles.

2. Jeigu mokėjimo pavedimas neįvykdomas ar netinkamai įvykdomas dėl kito banko, kuris buvo pasitelktas tam tikroms operacijoms atlikti, kaltės, mokėtojui atsako bankas, priėmęs mokėjimo pavedimą, jeigu įstatymas ar sutartis nenustato ko kita.

3. Jeigu dėl atsiskaitymų taisyklių pažeidimo bankas neteisėtai sulaikė lėšas, tai bankas privalo mokėti šio kodekso 6.210 straipsnyje nustatytas palūkanas.

TREČIASIS SKIRSNIS AKREDITYVAS

6.935 straipsnis. Bendrosios nuostatos 1. Atsiskaitant akredityvais, bankas, atidaręs akredityvą ir veikiantis mokėtojo prašymu

bei nurodymu arba savo vardu (bankas emitentas), įsipareigoja sumokėti pinigus lėšų gavėjui arba akceptuoti ir apmokėti įsakomąjį vekselį, išrašytą lėšų gavėjo, arba įgalioja kitą banką (vykdantįjį banką) sumokėti pinigus lėšų gavėjui arba akceptuoti ir suėjus mokėjimo terminui apmokėti įsakomąjį vekselį, arba įgalioja kitą banką pirkti dokumentus (negocijuoti), jeigu pateikti dokumentai atitinka akredityvo sąlygas.

2. Paskirdamas kitą banką vykdančiuoju, bankas emitentas gali jį įgalioti nurašyti visą akredityvo dokumentuose nurodytą sumą nuo savo sąskaitos, esančios vykdančiajame banke, arba įsipareigoti pervesti, pareikalavus vykdančiajam bankui, į jo nurodytą sąskaitą, arba įgalioti vykdantįjį banką kreiptis į kitą nurodytą banką dėl apmokėjimo.

3. Atsiskaitymus akredityvais reglamentuoja įstatymai ir banko veiklos taisyklės.

6.936 straipsnis. Atšaukiamas akredityvas 1. Atšaukiamas akredityvas yra toks akredityvas, kurį gali pakeisti arba panaikinti bankas

emitentas be išankstinio lėšų gavėjo įspėjimo. Akredityvo pakeitimas ar atšaukimas lėšų gavėjui nesukelia jokių banko emitento prievolių.

2. Bankas emitentas ar tvirtinantysis bankas (jei toks yra) privalo kompensuoti vykdančiajam bankui pagal atšaukiamą akredityvą, jeigu iki akredityvo panaikinimo ar sąlygų pakeitimo jam buvo pateikti akredityvo sąlygas atitinkantys dokumentai.

6.937 straipsnis. Neatšaukiamas akredityvas 1. Neatšaukiamas akredityvas yra akredityvas, kuris negali būti pakeistas ar panaikintas be

banko emitento, tvirtinančiojo banko (jei toks yra) ir lėšų gavėjo sutikimo. 2. Banko emitento prašymu kitas bankas, atliekantis akredityvines operacijas, gali

patvirtinti neatšaukiamą akredityvą (patvirtintas akredityvas). Toks patvirtinimas reiškia, kad tvirtinantysis bankas papildomai šalia banko emitento prievolės įsipareigoja atlikti mokėjimą ar kitas operacijas pagal akredityvo sąlygas.

3. Neatšaukiamas akredityvas, kurį patvirtina tvirtinantysis bankas, negali būti pakeistas ar panaikintas be tvirtinančiojo banko sutikimo.

4. Jeigu akredityve nėra aiškiai nurodyta, ar jis yra atšaukiamas, ar ne, toks akredityvas yra laikomas neatšaukiamu.

6.938 straipsnis. Akredityvo įvykdymas

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1. Akredityvui įvykdyti lėšų gavėjas pateikia bankui emitentui, tvirtinančiajam bankui (jei toks yra) ar vykdančiajam bankui dokumentus, patvirtinančius, kad įvykdytos visos akredityvo sąlygos. Pažeidus bent vieną iš šių sąlygų, akredityvas nevykdomas.

2. Jeigu vykdantysis bankas atliko mokėjimą arba įvykdė kitą operaciją pagal akredityvo sąlygas, bankas emitentas ar tvirtinantysis bankas (jei toks yra) privalo atlyginti jo turėtas išlaidas. Už visas su akredityvo įvykdymu susijusias išlaidas atsako mokėtojas.

6.939 straipsnis. Atsisakymas priimti dokumentus 1. Jeigu bankas emitentas arba tvirtinantysis bankas (jei toks yra), arba jų vardu veikiantis

vykdantysis bankas atsisako priimti dokumentus, kurie neatitinka akredityvo sąlygų, apie tai jis privalo nedelsdamas pranešti, nurodydamas atsisakymo priežastis, bankui, iš kurio buvo gauti dokumentai, arba lėšų gavėjui, jeigu dokumentai buvo gauti tiesiai iš jo.

2. Jeigu bankas emitentas ar tvirtinantysis bankas (jei toks yra) nustato, kad dokumentai neatitinka akredityvo sąlygų, jis turi teisę atsisakyti juos priimti ir reikalauti iš vykdančiojo banko grąžinti sumą, šio sumokėtą lėšų gavėjui pažeidžiant akredityvo sąlygas, kartu su palūkanomis arba atsisakyti atlyginti išmokėtas sumas.

6.940 straipsnis. Banko atsakomybė už akredityvo sąlygų pažeidimą 1. Už akredityvo sąlygų pažeidimą mokėtojui atsako bankas emitentas, o bankui emitentui

– tvirtinantysis bankas (jei toks yra) ir (arba) vykdantysis bankas, išskyrus šio straipsnio nustatytas išimtis.

2. Jeigu bankas emitentas ar tvirtinantysis bankas (jei toks yra), ar jų vardu veikiantis vykdantysis bankas nepagrįstai atsisako išmokėti lėšas po to, kai gavėjas pateikia akredityvo sąlygas atitinkančius dokumentus, tai jis atsako lėšų gavėjui.

3. Jeigu tvirtinantysis bankas (jei toks yra) ir (arba) vykdantysis bankas neteisingai išmoka lėšas pagal akredityvą, pažeisdamas akredityvo sąlygas, tai mokėtojui atsako tvirtinantysis bankas (jei toks yra) ir (arba) vykdantysis bankas, jeigu mokėtojo ir banko emitento sutartis nenustato ko kita.

6.941 straipsnis. Akredityvo uždarymas Akredityvas uždaromas: 1) kai pasibaigia akredityvo terminas; 2) kai bankas emitentas panaikina akredityvą; 3) kai bankas sumoka lėšų gavėjui akredityve nustatytą sumą ar atlieka kitas operacijas,

nepasibaigus jo galiojimo terminui.

KETVIRTASIS SKIRSNIS INKASO

6.942 straipsnis. Bendrosios nuostatos 1. Inkaso reiškia operacijas, kurias atlieka bankas (instruktuojantis bankas) su dokumentais

pagal kliento pavedimą, turėdamas tikslą gauti apmokėjimą ir (arba) apmokėjimo akceptą arba išduoti dokumentus (gavęs apmokėjimą ir (arba) apmokėjimo akceptą arba kitomis sąlygomis).

2. Instruktuojantis bankas, gavęs kliento pavedimą, jam vykdyti gali pasitelkti kitą banką (inkasuojantį banką).

3. Už kliento pavedimo neįvykdymą ar netinkamą įvykdymą atsako instruktuojantis bankas, jeigu kliento ir banko sutartis nenustato ko kita.

4. Atsiskaitymus inkaso reglamentuoja įstatymai ir banko veiklos taisyklės.

6.943 straipsnis. Inkaso pavedimo įvykdymas 1. Jeigu gautos inkaso instrukcijos yra neišsamios arba dėl tam tikrų priežasčių bankas jų

negali įvykdyti, arba gauti ne visi inkaso pavedime nurodyti dokumentai, arba jie neatitinka inkaso pavedimo, inkasuojantis bankas arba pateikiantis bankas nedelsdami praneša apie tai šaliai, iš kurios buvo gautas inkaso pavedimas. Jeigu banko nurodyti trūkumai nepašalinami arba negaunamos patikslintos instrukcijos, jis turi teisę grąžinti dokumentus atgal ir atsisakyti vykdyti pavedimą.

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2. Mokėtojui pateikiami dokumentai tokios formos, kurios jie buvo gauti, išskyrus banko žymas ir įrašus, kurie būtini inkaso operacijai įforminti.

3. Jeigu dokumentai apmokami juos pateikus, inkasuojantis bankas turi pateikti juos apmokėti nedelsdamas po to, kai gauna inkaso pavedimą.

4. Jeigu dokumentai apmokami per tam tikrą laiką, inkasuojantis bankas turi pateikti dokumentus mokėtojo akceptui nedelsdamas po to, kai gavo inkaso pavedimą, o reikalavimą apmokėti turi pareikšti ne vėliau kaip per dokumente nurodytą mokėjimo terminą.

5. Dalinės įmokos gali būti priimamos tik įstatymų arba inkaso pavedime nustatytais atvejais.

6. Inkasuojantis bankas gautas (inkasuotas) sumas turi nedelsdamas pervesti instruktuojančiam bankui, kuris jas įskaito į kliento sąskaitą. Iš inkasuotų sumų inkasuojantis bankas turi teisę išskaityti jam priklausantį atlyginimą ir turėtas išlaidas.

6.944 straipsnis. Pranešimas apie atliktas operacijas 1. Jeigu inkasuojantis bankas negauna įmokos ir (arba) akcepto, privalo apie tai

nedelsdamas pranešti instruktuojančiam bankui ir kartu nurodyti priežastis, dėl kurių įmoka negauta arba ją atsisakyta akceptuoti.

2. Instruktuojantis bankas informaciją, gautą iš inkasuojančio banko, privalo nedelsdamas pranešti klientui ir pareikalauti jo nurodymų dėl tolesnių veiksmų.

3. Jeigu jokių nurodymų iš instruktuojančio banko per banko veiklos taisyklėse ar sutartyje nustatytus terminus, o jeigu jie nenustatyti, – per protingą terminą negaunama, inkasuojantis bankas turi teisę visus dokumentus grąžinti instruktuojančiam bankui.

XLVIII SKYRIUS VIEŠAS ATLYGINIMO PAŽADĖJIMAS

6.945 straipsnis. Pareiga sumokėti atlyginimą 1. Asmuo, viešai pažadėjęs sumokėti atlyginimą tam, kas atliks skelbime nurodytą teisėtą

veiksmą per skelbime nurodytą terminą (surasti prarastą daiktą ir kt.), privalo sumokėti pažadėtą atlyginimą bet kuriam asmeniui, kuris tą veiksmą atliko.

2. Pareiga sumokėti atlyginimą atsiranda su sąlyga, jeigu viešo pažadėjimo turinys leidžia nustatyti asmenį, kuris pažadą duoda. Asmuo, atsiliepęs į viešą pažadėjimą, turi teisę reikalauti, kad pažadas būtų patvirtintas raštu. Jeigu asmuo tokia teise nepasinaudojo, jam tenka neigiamų pasekmių rizika, jei vėliau paaiškėtų, kad atlyginimą pažadėjo ne tas asmuo, kuris nurodytas viešame skelbime.

3. Jeigu viešame skelbime atlyginimo dydis nenurodytas, jis nustatomas šalių susitarimu, o joms nesusitarus, – teismo sprendimu.

4. Pareiga sumokėti atlyginimą atsiranda neatsižvelgiant į tai, ar asmuo, atlikęs skelbime nurodytą veiksmą, padarė tai dėl viešo atlyginimo pažadėjimo, ar ne.

5. Jeigu skelbime nurodytą veiksmą atliko keli asmenys, teisę į atlyginimą įgyja tas iš jų, kuris tą veiksmą atliko pirmas. Kai neįmanoma nustatyti, kuris iš tų asmenų veiksmą atliko pirmas, arba kai veiksmą keli asmenys atliko kartu, atlyginimas šiems asmenims mokamas lygiomis dalimis, jeigu ko kita nenumatyta jų susitarimu.

6. Ar atliktas veiksmas atitinka skelbime nurodytas sąlygas, nustato viešai atlyginimą pažadėjęs asmuo, jeigu skelbime nenumatyta ko kita. Kilus tarp asmenų ginčui, ginčą sprendžia teismas.

6.946 straipsnis. Viešo pažadėjimo sumokėti atlyginimą atšaukimas 1. Asmuo, viešai pažadėjęs sumokėti atlyginimą, turi teisę jį tokiu pat būdu, kokiu jis buvo

paskelbtas, atšaukti, išskyrus atvejus, kai: 1) pačiame skelbime buvo nurodyta, kad pažadas yra neatšaukiamas; 2) pagal savo esmę pažadas yra neatšaukiamas; 3) skelbime nurodytam veiksmui atlikti nustatytas tam tikras terminas; 4) iki atšaukimo vienas ar daugiau asmenų jau atliko skelbime nurodytą veiksmą.

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2. Viešo pažadėjimo sumokėti atlyginimą atšaukimas nepanaikina jį paskelbusio asmens pareigos atlyginti nuostolius asmenims, kurie juos patyrė rengdamiesi atlikti skelbime nurodytą veiksmą. Tačiau atlygintinų nuostolių dydis negali viršyti pažadėto atlyginimo sumos.

XLIX SKYRIUS VIEŠAS KONKURSAS

6.947 straipsnis. Viešo konkurso paskelbimas 1. Asmens viešas pažadėjimas sumokėti specialų atlyginimą (premiją) už geriausią tam

tikro darbo atlikimą arba kitokį rezultatą (konkurso paskelbimas) įpareigoja šį asmenį sumokėti pažadėtą atlyginimą asmeniui, kurio darbas ar kitoks rezultatas pagal konkurso sąlygas pripažintas konkurso nugalėtoju. Konkursu taip pat yra pripažįstamas asmens viešas pažadėjimas suteikti specialią teisę už geriausią tam tikros teisės įgyvendinimo projektą. Toks viešas pažadėjimas įpareigoja šį asmenį suteikti specialią teisę asmeniui, kurio projektas pagal konkurso sąlygas pripažintas konkurso nugalėtoju.

2. Paskelbiant konkursą turi būti išdėstyta užduotis, jos įvykdymo terminas, atlyginimo (premijos) dydis ar suteikiama speciali teisė, darbų ar projektų pateikimo vieta, jų įvertinimo tvarka ir laikas, taip pat gali būti nurodytos ir kitos konkurso sąlygos.

3. Viešas konkursas gali būti skelbiamas tik norint pasiekti tam tikrą viešą ar privatų tikslą, neprieštaraujantį gerai moralei ar viešajai tvarkai.

4. Viešas konkursas gali būti atviras, kai konkurso organizatoriaus pasiūlymas dalyvauti konkurse skiriamas visiems norintiems jame dalyvauti ir paskelbiamas spaudoje ar kitose visuomenės informavimo priemonėse, arba uždaras, kai pasiūlymas dalyvauti konkurse siunčiamas tik tam tikriems asmenims konkurso organizatoriaus pasirinkimu.

5. Atviro viešo konkurso sąlygos gali nustatyti tam tikrus jo dalyvių kvalifikacijos reikalavimus, jeigu konkurso organizatorius daro išankstinę asmenų, pareiškiančių norą dalyvauti konkurse, atranką.

6.948 straipsnis. Konkurso sąlygų pakeitimas ar jo atšaukimas 1. Pakeisti konkurso sąlygas arba jį atšaukti leidžiama tiktai nustatyto darbams pateikti

termino pirmojoje pusėje. 2. Apie konkurso sąlygų pakeitimą turi būti pranešama konkurso dalyviams ta pačia

tvarka, kuria buvo paskelbtas konkursas. 3. Pakeitus konkurso sąlygas ar jį atšaukus, konkurso organizatorius privalo atlyginti

kiekvieno asmens, įvykdžiusio konkurso sąlygose numatytą darbą iki tol, kol jis sužinojo ar turėjo sužinoti apie konkurso sąlygų pakeitimą ar jo atšaukimą, turėtas išlaidas.

4. Konkurso organizatorius atleidžiamas nuo šio straipsnio 3 dalyje numatytų išlaidų atlyginimo, jeigu įrodo, kad atliktas darbas buvo nesusijęs su konkursu (dar iki konkurso paskelbimo) arba neatitinka konkurso sąlygų.

5. Jeigu keičiant konkurso sąlygas ar jį atšaukiant buvo pažeisti šio straipsnio 1 ir 2 dalyse nustatyti reikalavimai, konkurso organizatorius privalo išmokėti atlyginimą tam, kuris atliko konkurso sąlygas atitinkantį darbą.

6.949 straipsnis. Nutarimas mokėti atlyginimą (premiją) ar suteikti specialią teisę 1. Nutarimas mokėti atlyginimą (premiją) ar suteikti specialią teisę turi būti priimamas ir

pranešamas konkurso dalyviams paskelbiant konkurso nustatytus terminus bei tvarką. 2. Jeigu konkurso nugalėtoju pripažinti du ar daugiau asmenų (bendraautorių, atlikėjų

kolektyvas), atlyginimas jiems paskirstomas šių asmenų susitarimu nustatyta tvarka, o kilus tarp jų ginčui, atlyginimą paskirsto teismas pagal kiekvieno indėlį.

3. Jeigu viena premija skiriama dviem ar daugiau asmenų, tai ji padalijama konkurso taisyklėse nustatyta tvarka, o jeigu jose tokia tvarka nenustatyta, – lygiomis dalimis, jeigu patys nugalėtojai nesusitaria kitaip.

6.950 straipsnis. Naudojimasis pagal konkursą premijuotais mokslo, literatūros, meno ir architektūros kūriniais

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Jeigu viešo konkurso dalykas buvo sukurti mokslo, literatūros, meno ar architektūros kūrinį, tai viešą konkursą paskelbęs asmuo įgyja pirmenybės teisę sudaryti su konkurso nugalėtoju sutartį dėl sukurto kūrinio panaudojimo ir atlyginimo už tai kūrinio autoriui mokėjimo, jeigu konkurso sąlygos nenustato ko kita.

6.951 straipsnis. Pateiktų darbų ar projektų grąžinimas konkurso dalyviams Paskelbęs viešą konkursą asmuo privalo grąžinti konkurso dalyviams darbus ar projektus,

už kuriuos neskirtas atlyginimas (premija) ar nesuteikta teisė, jei ko kita nenumatyta skelbiant konkursą.

6.952 straipsnis. Nuostolių atlyginimas konkurso dalyviams, kai konkursą paskelbęs asmuo nesilaiko konkurso taisyklių

1. Jeigu paskelbęs konkursą asmuo nesilaiko paskelbtos darbų ar projektų įvertinimo tvarkos ar terminų, pateikto ir atitinkančio kitus konkurso reikalavimus darbo ar projekto autorius įgyja teisę gauti jam padarytų nuostolių atlyginimą.

2. Jeigu konkurso nugalėtojui nesuteikiama speciali teisė (teisės), jam turi būti atlyginti nuostoliai.

L SKYRIUS TURTO PATIKĖJIMAS

6.953 straipsnis. Turto patikėjimo sutarties samprata 1. Turto patikėjimo sutartimi viena šalis (patikėtojas) perduoda kitai šaliai (patikėtiniui)

savo turtą patikėjimo teise tam tikram laikui, o kita šalis įsipareigoja tą turtą valdyti, naudoti ir juo disponuoti patikėtojo ar jo nurodyto asmens (naudos gavėjo) interesais.

2. Turto perdavimas kitam asmeniui patikėjimo teise nepakeičia turto nuosavybės teisės. Perduoto turto savininku ir toliau lieka patikėtojas.

6.954 straipsnis. Turto patikėjimo teisės turinys 1. Turto patikėjimo teisės turinį nustato šio kodekso 4.106 straipsnis. 2. Įstatymas ar sutartis gali nustatyti patikėtinio teisių turtą valdyti, naudoti ar juo

disponuoti apribojimus.

6.955 straipsnis. Sandorių sudarymas 1. Patikėtinis sandorius, susijusius su jam perduotu patikėjimo teise turtu, sudaro savo

vardu, tačiau jis privalo nurodyti, kad veikia turto patikėjimo teise. Patikėjimo teisės faktas turi būti atskleistas tokia forma, kokia yra nustatyta sudaromam sandoriui.

2. Jeigu patikėtinis neįvykdo šio straipsnio 1 dalyje nurodytos pareigos, tretiesiems asmenims jis atsako savo turtu.

6.956 straipsnis. Patikėjimo teisės objektai 1. Patikėjimo teisės objektais gali būti nekilnojamieji ir kilnojamieji daiktai, vertybiniai

popieriai ar kitoks turtas. 2. Valstybės ar savivaldybės turtas, kurį patikėjimo teise valdo, naudoja ar juo disponuoja

valstybės ar savivaldybės įmonė, įstaiga ar organizacija, negali būti perduotas kitam asmeniui patikėjimo teise, išskyrus atvejus, kai ta įmonė, įstaiga ar organizacija likviduojama ar reorganizuojama, taip pat kitus įstatymo nustatytus atvejus.

6.957 straipsnis. Patikėjimo teisės steigėjas (patikėtojas) Patikėjimo teisės steigėju (patikėtoju) gali būti turto savininkas arba kitas įstatymo

nustatytas tokią teisę turintis asmuo.

6.958 straipsnis. Patikėtinis 1. Patikėtiniu gali būti fizinis ar juridinis asmuo. 2. Įstatymas gali nustatyti asmenis, kurie negali būti patikėtiniais. 3. Patikėtiniu negali būti vienintelis naudos gavėjas pagal turto patikėjimo sutartį.

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6.959 straipsnis. Esminės turto patikėjimo sutarties sąlygos 1. Turto patikėjimo sutartyje privalo būti nurodyta: 1) turtas, perduodamas patikėjimo teise; 2) patikėtojas, patikėtinis, o jeigu sutartis sudaryta trečiojo asmens (naudos gavėjo) naudai,

– naudos gavėjas; 3) patikėtinio atlyginimas ir jo mokėjimo tvarka, jeigu atlyginimą nustato sutartis; 4) sutarties galiojimo terminas. 2. Turto patikėjimo sutartis negali būti sudaroma ilgesniam kaip dvidešimties metų

terminui. Įstatymas gali nustatyti ir ilgesnius maksimalius sutarties galiojimo terminus. 3. Jeigu, pasibaigus sutarties galiojimo terminui, nė viena šalis nepareiškia apie jos

nutraukimą, sutartis pripažįstama pratęsta tomis pat sąlygomis naujam tokiam pat terminui.

6.960 straipsnis. Turto patikėjimo sutarties forma 1. Turto patikėjimo sutartis turi būti rašytinė. 2. Nekilnojamojo daikto patikėjimo sutartis turi būti notarinės formos. Prieš trečiuosius

asmenis ji gali būti panaudota tik įregistravus ją viešame registre įstatymų nustatyta tvarka. 3. Sutarties formos reikalavimų nesilaikymas turto patikėjimo sutartį daro negaliojančią.

6.961 straipsnis. Turto atskyrimas 1. Turtas, perduotas patikėtiniui patikėjimo teise, turi būti atskirtas nuo patikėtojo ir

patikėtinio turto. Patikėtinis privalo sudaryti ir tvarkyti jam perduoto turto apskaitą (balansą), o atsiskaitymams atlikti turi atidaryti atskirą banko sąskaitą.

2. Išieškoti pagal patikėtojo kreditorių ieškinius iš turto, perduoto patikėjimo teise, draudžiama, išskyrus atvejus, kai patikėtojui iškeliama bankroto byla ar jis tampa nemokus. Iškėlus patikėtojui bankroto bylą ar jam tapus nemokiam, turto patikėjimo teisė baigiasi, o turtas turi būti grąžintas patikėtojui.

6.962 straipsnis. Įkeisto turto perdavimas patikėjimo teise 1. Įkeisto turto perdavimas kitam asmeniui patikėjimo teise neatima iš įkaito turėtojo teisės

išieškoti iš to turto. 2. Patikėtiniui privalo būti pranešta, kad jam perduodamas patikėjimo teise turtas yra

įkeistas. Jeigu patikėtinis apie turto įkeitimą nežinojo ar negalėjo žinoti, jis turi teisę reikalauti nutraukti turto patikėjimo sutartį ir sumokėti jam priklausantį atlyginimą bei atlyginti nuostolius.

6.963 straipsnis. Patikėtinio teisės ir pareigos 1. Patikėtinis, laikydamasis įstatymo ir sutarties, įgyvendina savininko teises į jam

perduotą patikėjimo teise turtą. 2. Visos teisės, kurias patikėtinis įgyja įgyvendindamas savininko teises, įskaitomos į jam

perduoto turto sudėtį. Prievolės, kylančios patikėtinio veiklos metu, vykdomos iš jam perduoto turto.

3. Patikėtinis turi teisę ginti patikėjimo teisę tokiais pat būdais, kokiais yra ginama valdymo ir nuosavybės teisė.

4. Patikėtinis privalo sutartyje nustatyta tvarka ir terminais pateikti patikėtojui ir naudos gavėjui savo veiklos ataskaitą. Jeigu ataskaitos terminas nenustatytas, ataskaita turi būti pateikta vieną kartą per metus. Savininkas turi teisę bet kada kontroliuoti patikėtinio veiklą.

6.964 straipsnis. Pareiga vykdyti sutartį pačiam 1. Patikėtinis privalo jam perduotą turtą valdyti, naudoti ir juo disponuoti pats, išskyrus šio

straipsnio 2 dalyje nustatytas išimtis. 2. Patikėtinis turi teisę pavesti kitam asmeniui atlikti tam tikrus veiksmus, būtinus dėl turto

valdymo, jeigu tai yra numatyta sutartyje arba tam yra gautas išankstinis patikėtojo rašytinis sutikimas, arba tai yra būtina norint apsaugoti patikėtojo ar naudos gavėjo interesus, o patikėtojo sutikimo nebuvo įmanoma per protingą terminą gauti.

3. Patikėtinis atsako už veiksmus asmens, kuriam jis buvo pavedęs juos atlikti, kaip už savo paties veiksmus.

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6.965 straipsnis. Patikėtinio atsakomybė 1. Patikėtinis, kuris tinkamai nesirūpino jam perduotu turtu ir patikėtojo bei naudos gavėjo

interesais, turi atlyginti naudos gavėjui arba patikėtojui nuostolius, padarytus dėl turto praradimo ar sugedimo, ir negautas pajamas.

2. Patikėtinis atleidžiamas nuo nuostolių atlyginimo, jeigu įrodo, kad jie atsirado dėl nenugalimos jėgos arba patikėtojo ar naudos gavėjo veiksmų.

3. Jeigu patikėtinis sudaro sandorį viršydamas jam suteiktus įgaliojimus arba pažeisdamas sutartyje nustatytus apribojimus, tai pagal tokį sandorį jis atsako pats. Jeigu tretieji asmenys nežinojo ir negalėjo žinoti apie įgaliojimų viršijimą ar apribojimų pažeidimą, atsiranda šio straipsnio 4 dalyje nustatytos teisinės pasekmės. Patikėtojas tokiu atveju turi teisę reikalauti iš patikėtinio atlyginti nuostolius.

4. Skolos pagal prievoles, atsiradusios turtą patikėjimo teise valdant, naudojant ar juo disponuojant, apmokamos iš patikėto turto. Jeigu šio turto nepakanka, tai išieškoma iš patikėtinio turto, o kai neužtenka ir šio turto, – iš patikėtojo kito turto.

6.966 straipsnis. Patikėtinio atlyginimas Patikėtinis turi teisę į sutartyje nustatytą atlyginimą ir būtinų išlaidų atlyginimą iš jam

perduoto turto duodamų pajamų, jeigu ko kita nenustato sutartis.

6.967 straipsnis. Turto patikėjimo sutarties pabaiga 1. Turto patikėjimo sutartis baigiasi šiais atvejais: 1) kai miršta ar likviduojamas naudos gavėjas, jeigu sutartis nenustato ko kita; 2) kai naudos gavėjas atsisako pagal sutartį gaunamos naudos, jeigu sutartis nenustato ko

kita; 3) kai patikėtinis miršta, pripažįstamas neveiksniu, ribotai veiksniu ar nežinia kur esančiu

ar jis likviduojamas; 4) kai patikėtojui iškeliama bankroto byla; 5) kai patikėtojas ar patikėtinis atsisako sutarties dėl to, kad patikėtinis nebegali pats

vykdyti sutarties; 6) kai patikėtojas atsisako sutarties kitais pagrindais ir išmoka patikėtiniui sutartyje

nustatytą atlyginimą bei atlygina būtinas išlaidas, padarytas dėl sutarties nutraukimo. 2. Šalis, norinti atsisakyti sutarties, privalo apie tai raštu pranešti kitai šaliai prieš šešis

mėnesius, jeigu sutartis nenustato kitokio termino. 3. Pasibaigus turto patikėjimo sutarčiai, patikėtinis privalo grąžinti turtą patikėtojui, jeigu

sutartis nenustato ko kita.

6.968 straipsnis. Turto patikėjimo teisės ypatumai Įstatymai gali nustatyti turto patikėjimo teisės ypatumus, kai patikėtinis yra valstybės arba

savivaldybės įmonės, įstaigos ar organizacijos, taip pat kai turto patikėjimo teisė atsiranda ne sutarties, o kitais pagrindais.

LI SKYRIUS JUNGTINĖ VEIKLA (PARTNERYSTĖ)

6.969 straipsnis. Jungtinės veiklos (partnerystės) sutarties samprata 1. Jungtinės veiklos (partnerystės) sutartimi du ar daugiau asmenų (partnerių),

kooperuodami savo turtą, darbą ar žinias, įsipareigoja veikti bendrai tam tikram, neprieštaraujančiam įstatymui tikslui arba tam tikrai veiklai.

2. Jungtinės veiklos sutartimi taip pat kuriamos ūkinės bendrijos. 3. Jeigu jungtinės veiklos tikslas nėra susijęs su pelno siekimu, jungtinės veiklos sutartis

vadinama asociacijos sutartimi. 4. Jungtinės veiklos (partnerystės) sutartis turi būti rašytinė, o įstatymo numatytais atvejais

– notarinės formos. Jeigu sutarties formos reikalavimų nesilaikoma, sutartis tampa negaliojanti.

6.970 straipsnis. Partnerių įnašai

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1. Partnerio įnašu pripažįstama visa, ką jis įneša į bendrą veiklą – pinigai, kitoks turtas, profesinės ir kitos žinios, įgūdžiai, dalykinė reputacija ir dalykiniai ryšiai.

2. Preziumuojama, kad partnerių įnašai yra lygūs, jeigu jungtinės veiklos sutartis nenustato ko kita. Įnašas įvertinamas pinigais visų partnerių susitarimu.

6.971 straipsnis. Partnerių bendroji nuosavybė 1. Partnerių įneštas turtas, buvęs jų nuosavybe, taip pat jungtinės veiklos metu gauta

produkcija, pajamos ir vaisiai yra visų partnerių bendroji dalinė nuosavybė, jeigu ko kita nenustato įstatymas ar jungtinės veiklos sutartis.

2. Jeigu įneštas turtas nebuvo partnerio nuosavybė, o juo partneris naudojasi kitokiu pagrindu, šis turtas yra naudojamas visų partnerių interesais ir taip pat yra pripažįstamas bendrai visų partnerių naudojamu turtu, jeigu įstatymas nenustato ko kita.

3. Už bendro turto apskaitą atsakingas vienas iš partnerių, paskirtas visų partnerių bendru sutarimu.

4. Bendras turtas naudojamas, valdomas ir juo disponuojama visų partnerių bendru sutarimu. Kilus ginčui, bet kurio iš partnerių reikalavimu šią tvarką nustato teismas.

5. Partnerių pareigas, susijusias su bendro turto išlaikymu, taip pat kitokių išlaidų padengimu, nustato jungtinės veiklos sutartis.

6.972 straipsnis. Bendrų reikalų tvarkymas 1. Tvarkydami bendrus reikalus, kiekvienas iš partnerių turi teisę veikti visų partnerių

vardu, jeigu jungtinės veiklos sutartis nenustato, kad bendrus reikalus tvarko vienas iš partnerių arba visi partneriai kartu. Jeigu reikalus gali tvarkyti tik visi partneriai kartu, kiekvienam sandoriui sudaryti reikia visų partnerių sutikimo.

2. Esant santykiams su trečiaisiais asmenimis, partnerio teisė sudaryti sandorius visų partnerių vardu patvirtinama kitų partnerių išduotu įgaliojimu arba jungtinės veiklos sutartimi.

3. Esant santykiams su trečiaisiais asmenimis, partneriai negali remtis sandorį sudariusio partnerio teisių veikti visų partnerių vardu apribojimu, išskyrus atvejus, kai jie įrodo, kad sandorio sudarymo metu trečiasis asmuo žinojo arba turėjo žinoti apie tokius apribojimus.

4. Partneris, visų partnerių vardu sudaręs sandorį viršydamas jam suteiktus įgaliojimus arba visų partnerių interesais sudaręs sandorį savo vardu, turi teisę reikalauti iš kitų partnerių atlyginti savo padarytas išlaidas, jeigu įrodo, kad tie sandoriai buvo būtini norint apsaugoti kitų partnerių interesus. Partneriai, dėl tokių sandorių patyrę nuostolių, turi teisę reikalauti, kad partneris, sudaręs sandorius, šiuos nuostolius atlygintų.

5. Sprendimai, susiję su bendrais partnerių reikalais, priimami bendru partnerių sutarimu, jeigu jungtinės veiklos sutartis nenustato ko kita.

6.973 straipsnis. Partnerių teisė į informaciją Kiekvienas partneris turi teisę susipažinti su bendrų reikalų tvarkymo dokumentais,

nepaisant to, įgaliotas jis ar ne tvarkyti bendrus reikalus. Susitarimai, kurie šią teisę apriboja ar panaikina, negalioja.

6.974 straipsnis. Bendros išlaidos ir bendri nuostoliai 1. Bendrų išlaidų ir bendrų nuostolių, susijusių su jungtine veikla, paskirstymą nustato

jungtinės veiklos sutartis. Jeigu tokio susitarimo nėra, kiekvienas partneris atsako už bendras išlaidas ir bendrus nuostolius proporcingai savo dalies dydžiui.

2. Susitarimas, kuris visiškai atleidžia vieną iš partnerių nuo bendrų išlaidų ar nuostolių padengimo, negalioja.

6.975 straipsnis. Partnerių atsakomybė pagal bendras prievoles 1. Jeigu jungtinės veiklos sutartis nėra susijusi su ūkine komercine partnerių veikla,

kiekvienas partneris atsako pagal bendras sutartines prievoles visu savo turtu proporcingai jo dalies dydžiui.

2. Pagal bendras nesutartines prievoles partneriai atsako solidariai. 3. Jeigu jungtinės veiklos sutartis susijusi su ūkine komercine partnerių veikla, visi

partneriai pagal bendras prievoles atsako solidariai, nepaisant šių prievolių atsiradimo pagrindo.

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6.976 straipsnis. Pelno paskirstymas 1. Pelnas, gautas iš jungtinės veiklos, paskirstomas partneriams proporcingai kiekvieno jų

indėlio į bendrą veiklą vertei, jeigu ko kita nenustato jungtinės veiklos sutartis. 2. Susitarimas nušalinti kurį nors iš partnerių, skirstant pelną, negalioja.

6.977 straipsnis. Partnerio dalies atidalijimas Partnerio kreditoriai turi teisę reikalauti atidalyti partnerio dalį iš bendro turto pagal šio

kodekso ketvirtosios knygos nustatytas taisykles.

6.978 straipsnis. Jungtinės veiklos sutarties pabaiga 1. Jungtinės veiklos sutartis baigiasi: 1) pripažinus vieną iš partnerių neveiksniu, ribotai veiksniu ar nežinia kur esančiu, jeigu

jungtinės veiklos sutartis ar vėlesnis likusių partnerių susitarimas nenustato išsaugoti jungtinės veiklos sutartį tarp likusių partnerių, išskyrus atvejus, kai jungtinės veiklos sutartis galioja ir be šio partnerio;

2) iškėlus vienam iš partnerių bankroto bylą, išskyrus šios dalies 1 punkte nustatytas išimtis;

3) vienam iš partnerių mirus ar jį likvidavus, ar reorganizavus, jeigu jungtinės veiklos sutartis ar vėlesnis likusių partnerių susitarimas nenustato išsaugoti jungtinės veiklos sutartį tarp likusių partnerių arba pakeisti mirusį (likviduotą ar reorganizuotą) partnerį jo teisių perėmėjais;

4) vienam iš partnerių atsisakius toliau būti neterminuotos jungtinės veiklos sutarties dalyviu, išskyrus šios dalies 1 punkte nustatytas išimtis;

5) vieno iš partnerių reikalavimu nutraukus terminuotą jungtinės veiklos sutartį, išskyrus šios dalies 1 punkte nustatytas išimtis;

6) pasibaigus jungtinės veiklos sutarties terminui; 7) atidalijus vieno iš partnerių dalį iš bendro turto pagal jo kreditorių reikalavimą, išskyrus

šios dalies 1 punkte nustatytas išimtis. 2. Pasibaigus jungtinės veiklos sutarčiai, visiems partneriams bendrai naudoti perduoti

daiktai grąžinami juos perdavusiems partneriams be atlyginimo, jeigu ko kita nenustato šalių susitarimas.

3. Nuo jungtinės veiklos sutarties pabaigos momento jos dalyviai solidariai atsako tretiesiems asmenims pagal neįvykdytas bendras prievoles.

4. Turtas, esantis bendrąja partnerių nuosavybe, pasibaigus jungtinės veiklos sutarčiai, padalijamas pagal šio kodekso ketvirtosios knygos nustatytas taisykles.

5. Partneris, įnešęs individualiais požymiais apibūdintą daiktą, pasibaigus jungtinės veiklos sutarčiai turi teisę reikalauti grąžinti jam tą daiktą, jeigu dėl to nebus pažeisti kitų partnerių ir kreditorių interesai.

6.979 straipsnis. Neterminuotos jungtinės veiklos sutarties atsisakymas 1. Partneris, norintis atsisakyti neterminuotos jungtinės veiklos sutarties, turi apie tai

pranešti kitiems partneriams ne vėliau kaip prieš tris mėnesius iki numatomo pasitraukimo, jeigu įstatymai ar sutartis nenustato ko kita.

2. Susitarimai, nustatantys partnerių teisės atsisakyti neterminuotos jungtinės veiklos sutarties apribojimus ar šią teisę panaikinantys, negalioja.

6.980 straipsnis. Jungtinės veiklos sutarties nutraukimas vieno iš partnerių reikalavimu

1. Vienas iš partnerių turi teisę nutraukti savo sudarytą su kitais partneriais terminuotą ar sudarytą tam tikram tikslui jungtinės veiklos sutartį, jeigu:

1) kiti partneriai ją iš esmės pažeidžia; 2) norintis sutartį nutraukti dėl svarbių priežasčių nebegali jos vykdyti. 2. Partneris, nutraukęs sutartį, turi atlyginti kitiems partneriams dėl sutarties nutraukimo

padarytus tiesioginius nuostolius. 3. Vienam iš partnerių sutartį nutraukus, sutartis lieka galioti kitiems partneriams, išskyrus

šio kodekso 6.978 straipsnio 1 dalies 1 punkte nustatytas išimtis.

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6.981 straipsnis. Partnerio, nutraukusio jungtinės veiklos sutartį, atsakomybė Jeigu jungtinės veiklos sutartis buvo nutraukta vienam iš partnerių atsisakius toliau būti

sutarties dalyviu ar vieno iš jų reikalavimu, asmuo, kuris nebėra jungtinės veiklos sutarties dalyvis, atsako tretiesiems asmenims pagal prievoles, atsiradusias jam esant jungtinės veiklos sutarties dalyviu, taip, kaip jis atsakytų būdamas partneriu.

6.982 straipsnis. Nevieša partnerystė 1. Jungtinės veiklos sutartis gali numatyti, kad partneris (partneriai) negali būti atskleistas

tretiesiems asmenims (nevieša partnerystė). Tokiai sutarčiai taikomos šio skyriaus taisyklės, išskyrus sutarties ir šio straipsnio nustatytas išimtis.

2. Esant santykiams su trečiaisiais asmenimis, kiekvienas iš neviešų partnerių atsako visu savo turtu pagal visus sandorius, kuriuos jis savo vardu sudarė visų partnerių interesais.

3. Visos prievolės, atsiradusios tarp partnerių, jiems bendrai veikiant, yra dalinės.

LII SKYRIUS TAIKOS SUTARTIS

6.983 straipsnis. Taikos sutarties samprata 1. Taikos sutartimi šalys tarpusavio nuolaidomis išsprendžia kilusį teisminį ginčą, užkerta

kelią kilti teisminiam ginčui ateityje, išsprendžia teismo sprendimo įvykdymo klausimą arba kitus ginčytinus klausimus.

2. Taikos sutarties pagrindu atsiradusi šalių prievolė jos dalyko atžvilgiu pripažįstama nedalia.

3. Taikos sutartis turi būti rašytinė. Šio reikalavimo nesilaikymas sutartį daro negaliojančią.

6.984 straipsnis. Atvejai, kai taikos sutartis negalioja Taikos sutartis dėl asmenų teisinio statuso ar veiksnumo, dėl klausimų, kuriuos

reglamentuoja teisės imperatyvios normos, taip pat dėl klausimų, susijusių su viešąja tvarka, negalioja.

6.985 straipsnis. Taikos sutarties galia 1. Teismo patvirtinta taikos sutartis jos šalims turi galutinio teismo sprendimo (res

judicata) galią. 2. Teismo patvirtinta sutartis yra priverstinai vykdytinas dokumentas.

6.986 straipsnis. Taikos sutarties pripažinimas negaliojančia 1. Taikos sutartis gali būti pripažinta negaliojančia dėl esminės jos šalių nelygybės (šio

kodekso 6.228 straipsnis), taip pat kitais sandorių negaliojimo pagrindais. 2. Jeigu taikos sutartis buvo sudaryta remiantis sandoriu, kuris taikos sutarties sudarymo

metu negaliojo, tai tokia taikos sutartis negalioja. 3. Jeigu taikos sutartis sudaryta remiantis rašytiniais dokumentais, kurie vėliau paaiškėja

esą suklastoti, tai tokia taikos sutartis negalioja. 4. Taikos sutartis negalioja, jeigu, sudarydamos taikos sutartį, viena ar abi šalys nežinojo,

kad klausimas, esantis taikos sutarties dalyku, jau yra išspręstas įsiteisėjusiu teismo sprendimu. 5. Taikos sutartis negalioja, jeigu po jos sudarymo atsiranda dokumentai, patvirtinantys,

kad viena iš taikos sutarties šalių neturi ir neturėjo teisės į tai, kas jai yra pripažinta taikos sutartimi.

6. Šalių suklydimas dėl teisės normų, išskyrus imperatyviąsias teisės normas, nėra pagrindas pripažinti taikos sutartį negaliojančia.

LIII SKYRIUS DRAUDIMAS

6.987 straipsnis. Draudimo sutarties samprata

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Draudimo sutartimi viena šalis (draudikas) įsipareigoja už sutartyje nustatytą draudimo įmoką (premiją) sumokėti kitai šaliai (draudėjui) arba trečiajam asmeniui, kurio naudai sudaryta sutartis, įstatyme ar draudimo sutartyje nustatytą draudimo išmoką, apskaičiuotą įstatyme ar draudimo sutartyje nustatyta tvarka, jeigu įvyksta įstatyme ar draudimo sutartyje nustatytas draudiminis įvykis.

6.988 straipsnis. Draudimo formos ir šakos 1. Draudimas gali būti privalomasis ir savanoriškasis. 2. Draudimo šakos yra gyvybės ir ne gyvybės draudimas. 3. Privalomojo draudimo rūšis ir sąlygas bei draudimo šakas ir draudimo interesus

reglamentuoja kiti įstatymai. 4. Gali būti draudžiami tik įstatymo ginami interesai.

6.989 straipsnis. Draudimo sutarties forma 1. Draudimo sutartis turi būti rašytinė. 2. Draudimo sutartį patvirtina draudimo liudijimas (polisas).

6.990 straipsnis. Draudimo sutarties sudarymo tvarka 1. Draudimo sutartis sudaroma draudikui akceptuojant draudėjo pasiūlymą (prašymą),

pateiktą draudikui, arba draudėjui akceptuojant draudiko pasiūlymą sudaryti sutartį. Draudimo rūšies taisyklėse nustatytais atvejais draudėjo prašymas turi būti rašytinis. Rašytinio prašymo formą ir turinį tokiu atveju nustato draudikas.

2. Draudėjas atsako už pasiūlyme (prašyme) pateiktų duomenų teisingumą. Sudarius draudimo sutartį, rašytinis draudėjo prašymas tampa sudėtine draudimo sutarties dalimi.

6.991 straipsnis. Draudimo liudijimas (polisas) 1. Draudimo liudijime (polise) turi būti nurodyta: 1) draudimo liudijimo (poliso) numeris; 2) draudiko pavadinimas ir buveinės adresas; 3) draudėjo, apdrausto asmens ar naudos gavėjo vardas, pavardė ar pavadinimas; 4) draudimo grupė ir draudimo rūšies taisyklių pavadinimas ir numeris; 5) draudimo objektas; 6) draudimo suma, išskyrus atvejus, kai tikslus draudimo sumos dydis nenustatomas; 7) draudimo įmoka ir jos mokėjimo terminai; 8) draudimo rūšis; 9) draudimo sutarties galiojimo terminas; 10) įrašas, kad draudėjas yra supažindintas su draudimo rūšies taisyklėmis ir jam yra

įteikta jų kopija; 11) draudiko įgalioto sudaryti draudimo sutartį asmens parašas ir draudiko antspaudas ar

jų faksimilės; 12) draudimo liudijimo (poliso) išdavimo data. 2. Draudimo liudijimų (polisų) registracijos ir apsaugos tvarką nustato įstatymai. 3. Jeigu draudimo liudijimas (polisas) neatitinka draudėjo rašytinio prašymo turinio, o

sutartis buvo sudaryta akceptuojant draudėjo pasiūlymą sudaryti sutartį, pirmenybė suteikiama draudėjo rašytiniam prašymui.

6.992 straipsnis. Draudimo sutarties sudarymas pagal standartines sąlygas 1. Jeigu draudimo sutartis sudaroma pagal draudimo rūšies taisykles, parengtas įstatymų

nustatyta tvarka, tai draudimo sutarčiai atitinkamai taikomi šio kodekso 6.185–6.187 straipsniai. 2. Draudikas privalo sudaryti sąlygas viešai susipažinti su draudimo rūšies taisyklėmis ir,

prieš sudarydamas draudimo sutartį, įteikti jų kopijas draudėjui.

6.993 straipsnis. Pareiga atskleisti informaciją 1. Prieš sudarant draudimo sutartį, draudėjas privalo suteikti draudikui visą žinomą

informaciją apie aplinkybes, galinčias turėti esminės įtakos draudiminio įvykio atsitikimo

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tikimybei ir šio įvykio galimų nuostolių dydžiui (draudimo rizikai), jeigu tos aplinkybės nėra ir neturi būti žinomos draudikui.

2. Esminėmis aplinkybėmis, apie kurias draudėjas privalo informuoti draudiką, pripažįstamos aplinkybės, nurodytos standartinėse draudimo sutarties sąlygose (draudimo rūšies taisyklėse), taip pat aplinkybės, apie kurias draudikas raštu prašė draudėjo suteikti informaciją.

3. Jeigu draudėjas neatsako į raštu pateiktą draudiko paklausimą apie tam tikras aplinkybes, o draudikas, neatsižvelgdamas į tai, sudarė draudimo sutartį, tai draudikas netenka teisės reikalauti nutraukti draudimo sutartį ar pripažinti ją negaliojančia remdamasis tuo, kad draudėjas jam nepateikė informacijos.

4. Jeigu po draudimo sutarties sudarymo nustatoma, kad draudėjas suteikė draudikui žinomai melagingą informaciją apie aplinkybes, numatytas šio straipsnio 1 dalyje, tai draudikas turi teisę reikalauti pripažinti draudimo sutartį negaliojančia, išskyrus atvejus, kai aplinkybės, kurias draudėjas nuslėpė, išnyko iki draudiminio įvykio ar neturėjo įtakos draudiminiam įvykiui.

5. Jeigu po draudimo sutarties sudarymo nustatoma, kad draudėjas dėl neatsargumo nepateikė šio straipsnio 1 dalyje nustatytos informacijos, tai draudikas privalo ne vėliau kaip per du mėnesius nuo šių aplinkybių sužinojimo pasiūlyti draudėjui pakeisti draudimo sutartį. Jeigu draudėjas atsisako tai padaryti ir per vieną mėnesį (o gyvybės draudimo atveju – per du mėnesius) neatsako į pateiktą pasiūlymą, draudikas turi teisę reikalauti nutraukti draudimo sutartį.

6. Jeigu draudėjas dėl neatsargumo nepateikė šio straipsnio 1 dalyje nustatytos informacijos, tai įvykus draudiminiam įvykiui draudikas privalo išmokėti draudimo išmokos, kuri būtų išmokama draudėjui įvykdžius šio straipsnio 1 dalyje numatytą pareigą, dalį, proporcingą sutartos draudimo įmokos ir draudimo įmokos, kuri būtų nustatyta draudėjui, jeigu jis būtų įvykdęs šio straipsnio 1 dalyje numatytą pareigą, santykiui.

7. Jeigu draudikas, žinodamas aplinkybes, apie kurias draudėjas neinformavo dėl neatsargumo, nebūtų sudaręs draudimo sutarties, tai jis per du mėnesius nuo sužinojimo, kad draudėjas nepateikė šio straipsnio 1 dalyje nustatytos informacijos dėl neatsargumo, turi teisę reikalauti nutraukti draudimo sutartį. Įvykus draudiminiam įvykiui, draudikas turi teisę atsisakyti išmokėti draudimo išmoką tik įrodęs, kad nė vienas draudikas, žinodamas aplinkybes, kurių draudėjas nenurodė dėl neatsargumo, nebūtų sudaręs draudimo sutarties.

8. Sudarant draudimo sutartį ir jos galiojimo metu draudikas privalo suteikti draudėjui šią informaciją: draudiko pavadinimą, draudiko įmonės rūšį, adresą, draudiko padalinio ar draudiko atstovo adresą (jei draudimo sutartis sudaroma ne draudiko buveinėje), iš draudimo sutarties kylančių ar su ja susijusių ginčų sprendimo tvarką, draudiko elgesį, kai draudėjas pažeidžia draudimo sutarties sąlygas, galimus draudimo rizikos padidėjimo atvejus bei kitą draudimo veiklą reglamentuojančiuose teisės aktuose nurodytą informaciją.

6.994 straipsnis. Draudiko teisė įvertinti draudimo riziką 1. Prieš sudarant draudimo sutartį draudikas turi teisę apžiūrėti draudžiamą turtą, o jeigu

reikia, savo lėšomis paskirti ekspertizę jo vertei nustatyti. 2. Jeigu draudimo interesas yra susijęs su fizinio asmens gyvybe ir sveikata, draudikas turi

teisę reikalauti iš draudėjo dokumentų, patvirtinančių draudėjo (apdraudžiamo asmens) amžių, sveikatos būklę, profesiją bei kitas draudimo rizikai turinčias reikšmės aplinkybes.

6.995 straipsnis. Informacijos konfidencialumas Draudikas neturi teisės atskleisti informacijos, gautos jam vykdant draudimo veiklą, apie

draudėją, apdraustą asmenį ar naudos gavėją, jų sveikatos būklę ir turtinę padėtį bei kitos draudimo sutartyje nustatytos konfidencialios informacijos, išskyrus įstatymų nustatytas išimtis. Draudikas, pažeidęs šią pareigą, privalo atlyginti draudėjui, apdraustam asmeniui ar naudos gavėjui padarytą turtinę ir neturtinę žalą.

6.996 straipsnis. Draudimo sutarties įsigaliojimas 1. Draudimo sutartis, jeigu joje nenustatyta ko kita, įsigalioja nuo to momento, kai

draudėjas sumoka visą ar pirmą draudimo įmoką (premiją). 2. Jeigu draudėjas nesumoka šio straipsnio 1 dalyje numatytos draudimo įmokos

(premijos), tai draudimo sutartis nutrūksta, jeigu sutartyje nėra nustatyta ko kita.

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3. Draudimas taikomas visiems draudiminiams įvykiams, įvykusiems po draudimo sutarties įsigaliojimo, jeigu draudimo sutartyje nenustatyta ko kita. Jeigu draudimo sutartyje nustatyta taikyti draudimą ir draudiminiams įvykiams, įvykusiems iki draudimo sutarties įsigaliojimo, tai tokia sąlyga galioja, jeigu draudimo sutarties šalys apie draudiminį įvykį, kuris įvyko iki draudimo sutarties įsigaliojimo, nežinojo.

6.997 straipsnis. Draudimo suma 1. Turtinių interesų draudimo suma ir suma, kurios dydžio draudimo išmoką (draudimo

suma) draudikas įsipareigoja išmokėti, nustatoma draudimo sutarties šalių susitarimu arba įstatymu.

2. Ne gyvybės draudimo atveju, išskyrus įstatymų nustatytas išimtis, draudimo suma negali viršyti tikrosios draudžiamo turto ar turtinės rizikos vertės (draudimo vertės).

6.998 straipsnis. Draudimo sumos ginčijimas Draudimo sutartyje nurodyta draudimo suma po sutarties sudarymo negali būti ginčijama,

išskyrus atvejus, kai draudikas, nepasinaudojęs savo teise įvertinti draudimo riziką, buvo apgautas dėl to, kad buvo nurodyta žinomai melaginga draudimo vertė arba buvo padaryta aritmetinė ar rašybos klaida.

6.999 straipsnis. Nevisiškas draudimas 1. Jeigu ne gyvybės draudimo sutartyje, išskyrus įstatymų numatytus atvejus, nustatyta

draudimo suma yra mažesnė už draudimo vertę, tai, įvykus draudiminiam įvykiui, draudikas privalo atlyginti draudėjui (naudos gavėjui) dalį jo patirtų nuostolių, proporcingą draudimo sumos ir draudimo vertės santykiui.

2. Draudimo sutartyje gali būti nustatyta ir didesnė draudimo išmoka, bet ne didesnė už draudimo vertę.

6.1000 straipsnis. Papildomas draudimas Jeigu ne gyvybės draudimo sutartyje, išskyrus įstatymų numatytus atvejus, yra apdrausta

tik dalis turto ar rizikos (draudimo) vertės, draudėjas (naudos gavėjas) turi teisę papildomai juos apdrausti, sudarydamas papildomą draudimo sutartį su tuo pačiu ar kitu draudiku. Tačiau šiais atvejais bendra draudimo suma pagal visas draudimo sutartis negali viršyti draudimo vertės.

6.1001 straipsnis. Draudimo, viršijančio draudimo vertę, teisinės pasekmės 1. Jeigu draudimo suma, nurodyta draudimo sutartyje, viršija draudimo vertę, tai draudimo

sutartis negalioja dėl tos draudimo sumos dalies, kuri viršija draudimo vertę. Tačiau išmokėta draudimo vertę viršijanti draudimo išmoka negali būti išieškota.

2. Jeigu draudimo įmokos (premija) mokamos periodiškai ir, nustačius šio straipsnio 1 dalyje numatytas aplinkybes, draudimo įmoka (premija) dar nėra visiškai sumokėta, likusi mokėti draudimo įmokos (premijos) suma sumažinama proporcingai draudimo sumos sumažinimo dydžiui.

3. Jeigu draudimo suma buvo padidinta dėl draudėjo apgaulės, draudikas turi teisę reikalauti draudimo sutartį pripažinti negaliojančia ir atlyginti jam padarytus nuostolius, kiek jų nepadengia gauta draudimo įmoka (premija).

4. Šio straipsnio taisyklės taip pat taikomos tais atvejais, kai draudimo suma viršija draudimo vertę apdraudus tą patį objektą pagal kelias draudimo sutartis su skirtingais draudikais (dvigubas draudimas). Šiuo atveju draudimo išmoka, kurią turi mokėti kiekvienas draudikas, sumažinama proporcingai draudimo sumos sumažinimui pagal atitinkamą draudimo sutartį.

6.1002 straipsnis. Draudimas nuo skirtingų rizikų 1. Draudimo objektas gali būti draudžiamas nuo skirtingų rizikų sudarant vieną arba kelias

draudimo sutartis su tuo pačiu arba su skirtingais draudikais. Šiuo atveju leidžiama, kad bendra draudimo suma pagal visas draudimo sutartis viršytų draudimo vertę.

2. Jeigu pagal kelias draudimo sutartis, sudarytas remiantis šio straipsnio 1 dalimi, yra numatyta draudikų pareiga išmokėti draudimo išmoką už to paties draudiminio įvykio tas pačias pasekmes, tokiu atveju atsiranda pasekmės, nustatytos šio kodekso 6.1001 straipsnyje.

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6.1003 straipsnis. Bendrasis draudimas Draudimo objektas gali būti apdraustas pagal vieną draudimo sutartį bendrai kelių

draudikų (bendrasis draudimas). Jeigu draudimo sutartis nenumato kiekvieno iš draudikų teisių ir pareigų, tokiu atveju už draudimo išmokos išmokėjimą draudėjui (naudos gavėjui) visi draudikai atsako solidariai.

6.1004 straipsnis. Draudimo įmoka (premija) 1. Draudėjas (naudos gavėjas) už draudiminę apsaugą privalo mokėti draudikui draudimo

sutartyje ar įstatyme nustatytais terminais nustatyto dydžio pinigų sumą ar sumas (draudimo įmoką (premiją).

2. Draudimo sutartyje gali būti nustatyta, kad draudimo įmoka (premija) sumokama iš karto arba mokama periodiškai sutartyje nustatytais terminais. Kai draudimo įmoka (premija) mokama periodiškai, draudimo sutartyje gali būti numatytos teisinės pasekmės, jeigu per nustatytą terminą nesumokama eilinė įmoka.

3. Jeigu draudiminis įvykis įvyksta iki sumokant draudimo įmoką (premiją), kurios mokėjimo terminas yra suėjęs, draudikas turi teisę įskaityti nesumokėtą sumą į draudimo išmoką.

6.1005 straipsnis. Apdrausto asmens pakeitimas Draudėjas turi teisę pakeisti apdraustą asmenį kitu asmeniu tik gavęs rašytinį draudiko

sutikimą, jeigu draudimo sutartis nenustato ko kita.

6.1006 straipsnis. Naudos gavėjo pakeitimas 1. Draudėjas turi teisę pakeisti draudimo sutartyje nurodytą naudos gavėją kitu asmeniu,

išskyrus įstatymuose ar sutartyje nustatytas išimtis, apie tai raštu pranešdamas draudikui. 2. Jeigu naudos gavėjas buvo paskirtas apdrausto asmens sutikimu, tai naudos gavėjas gali

būti pakeistas tik apdraustam asmeniui sutikus. 3. Naudos gavėjas negali būti pakeistas kitu asmeniu, jeigu jis įvykdė kokias nors

prievoles pagal draudimo sutartį arba pareiškė reikalavimą draudikui išmokėti draudimo išmoką.

6.1007 straipsnis. Draudimo sutarties vykdymas, kai yra ir draudėjas, ir naudos gavėjas

1. Jeigu draudimo sutartis sudaryta trečiojo asmens (naudos gavėjo) naudai, tai atsakingas draudikui už sutarties vykdymą yra draudėjas, jeigu draudimo sutartis nenustato ko kita.

2. Draudikas turi teisę reikalauti, kad draudimo sutartį įvykdytų naudos gavėjas, jeigu draudėjas sutarties neįvykdė, o naudos gavėjas pareiškia draudikui reikalavimą išmokėti draudimo išmoką.

6.1008 straipsnis. Draudiko pakeitimas 1. Draudikas turi teisę perleisti savo teises ir pareigas pagal draudimo sutartį kitam ar

kitiems draudikams draudimo sutartyje nustatyta tvarka, gavęs atitinkamos valstybės institucijos, vykdančios draudimo priežiūrą, leidimą.

2. Apie ketinimą perleisti teises ir pareigas draudikas privalo informuoti draudėją prieš du mėnesius, jeigu draudimo sutartis nenustato ilgesnio termino.

6.1009 straipsnis. Draudimo sutarties nutraukimas prieš terminą 1. Draudimo sutartis gali būti nutraukta prieš joje nustatytą jos galiojimo terminą, jeigu po

sutarties įsigaliojimo išnyko galimybės įvykti draudiminiam įvykiui arba draudiminė rizika išnyko dėl aplinkybių, nesusijusių su draudiminiu įvykiu (draudimo objektas žuvo dėl priežasčių, nesusijusių su draudiminiu įvykiu ir kt.).

2. Draudėjas turi teisę nutraukti draudimo sutartį bet kokiu atveju. 3. Jeigu draudimo sutartis nutraukiama šio straipsnio 1 dalyje nustatytu pagrindu,

draudikas turi teisę į dalį draudimo įmokos (premijos), kuri yra proporcinga draudimo sutarties galiojimo terminui.

4. Jeigu draudėjas nutraukia draudimo sutartį prieš terminą, sumokėta draudikui draudimo įmoka (premija) negrąžinama, jei draudimo sutartis nenustato ko kita.

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6.1010 straipsnis. Draudimo rizikos padidėjimas ir sumažėjimas 1. Jeigu draudimo sutarties galiojimo metu iš esmės pasikeičia draudimo sutartyje

numatytos aplinkybės, dėl kurių padidėja ar gali padidėti draudimo rizika, apie tai draudėjas privalo pranešti draudikui tuoj pat, kai apie tokius pasikeitimus jis sužinojo.

2. Draudikas, kuriam buvo pranešta apie draudimo rizikos padidėjimą, turi teisę reikalauti pakeisti draudimo sutarties sąlygas arba padidinti draudimo įmoką (premiją). Jeigu draudėjas tokiu atveju nesutinka pakeisti draudimo sutarties sąlygų ar mokėti didesnės draudimo įmokos (premijos), draudikas turi teisę kreiptis į teismą dėl draudimo sutarties nutraukimo ar pakeitimo iš esmės pasikeitus aplinkybėms (šio kodekso 6.204 straipsnis).

3. Jeigu draudėjas neįvykdo šio straipsnio 1 dalyje nustatytos pareigos, draudikas turi teisę reikalauti nutraukti sutartį ir atlyginti nuostolius tiek, kiek jų nepadengia gautos draudimo įmokos (premija). Tačiau draudikas neturi teisės reikalauti nutraukti draudimo sutartį, jeigu išnyko aplinkybės, galėjusios sukelti draudimo rizikos padidėjimą.

4. Jeigu draudimo sutarties galiojimo metu iš esmės pasikeičia draudimo sutartyje nustatytos aplinkybės, dėl kurių sumažėja ar gali sumažėti draudimo rizika, draudėjas dėl draudimo rizikos sumažėjimo turi teisę reikalauti pakeisti draudimo sutarties sąlygas arba sumažinti draudimo įmoką (premiją). Jeigu draudikas tokiu atveju nesutinka pakeisti draudimo sutarties sąlygų ar mokėti sumažintos draudimo įmokos (premijos), draudėjas turi teisę kreiptis į teismą dėl draudimo sutarties nutraukimo ar pakeitimo iš esmės pasikeitus aplinkybėms (šio kodekso 6.204 straipsnis).

6.1011 straipsnis. Apdrausto turto savininko pasikeitimas 1. Jeigu apdrausto turto nuosavybės teisė iš asmens, kurio interesais buvo sudaryta

draudimo sutartis, pereina kitam asmeniui, tai teisės ir pareigos pagal draudimo sutartį pereina naujajam apdrausto turto savininkui, išskyrus atvejus, kai turtas iš pirminio savininko yra paimamas priverstine tvarka arba draudimo sutartis nustato ką kita.

2. Naujasis turto savininkas nedelsdamas privalo raštu pranešti draudikui apie nuosavybės teisės perėjimą.

6.1012 straipsnis. Draudėjo pareiga pranešti apie draudiminį įvykį 1. Draudėjas, sužinojęs apie draudiminį įvykį, privalo apie tai pranešti draudikui ar jo

atstovui per sutartyje nustatytą terminą ir sutartyje nustatytu būdu. Tokią pat pareigą turi ir naudos gavėjas, jeigu jis žino apie jo naudai sudarytą draudimo sutartį ir ketina pasinaudoti savo teise į draudimo išmoką.

2. Jeigu draudėjas (naudos gavėjas) neįvykdo šio straipsnio 1 dalyje nustatytos pareigos, draudikas turi teisę atsisakyti išmokėti draudimo išmoką arba ją sumažinti, atsižvelgdamas į tai, ar draudėjas savo pareigos neįvykdė tyčia ar dėl neatsargumo, išskyrus atvejus, kai įrodoma, kad apie draudiminį įvykį draudikas sužinojo laiku arba kai nepranešimas apie draudiminį įvykį neturi įtakos draudiko pareigai išmokėti draudimo išmoką.

6.1013 straipsnis. Pareiga imtis priemonių žalai sumažinti 1. Įvykus draudiminiam įvykiui, draudėjas turi imtis jam prieinamų protingų priemonių

galimai žalai sumažinti, laikydamasis draudiko nurodymų, jeigu tokie nurodymai draudėjui buvo duoti.

2. Būtinas išlaidas, draudėjo turėtas mažinant žalą ar vykdant draudiko nurodymus, turi atlyginti draudikas, neatsižvelgdamas į tai, kad atitinkamos priemonės nedavė teigiamo rezultato. Tokios išlaidos atlyginamos proporcingai draudimo sumos ir draudimo vertės santykiui, neatsižvelgiant į tai, kad išlaidos kartu su žalos dydžiu viršija draudimo sumą.

3. Draudikas atleidžiamas nuo žalos atlyginimo, jeigu žala atsirado dėl to, kad draudėjas sąmoningai nesiėmė jam prieinamų protingų priemonių šiai žalai sumažinti ar išvengti.

6.1014 straipsnis. Atleidimas nuo draudimo išmokos mokėjimo 1. Draudikas atleidžiamas nuo išmokos mokėjimo, jeigu draudiminis įvykis įvyko dėl

draudėjo, apdraustojo ar naudos gavėjo tyčios, išskyrus šio straipsnio 3 ir 4 dalyse nustatytas

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išimtis. Draudikas privalo mokėti draudimo išmoką, jeigu tyčiniai veiksmai ar neveikimas yra socialiai vertingi (būtinoji gintis, pilietinės pareigos atlikimas ir kt.).

2. Įstatymas gali nustatyti atvejus, kuriais draudikas atleidžiamas nuo draudimo išmokos mokėjimo dėl to, kad draudiminis įvykis įvyko dėl draudėjo ar naudos gavėjo didelio neatsargumo.

3. Draudikas neatleidžiamas nuo draudimo išmokos mokėjimo pagal civilinės atsakomybės draudimo sutartį, jeigu žala gyvybei ar sveikatai padaryta dėl atsakingo už žalą asmens kaltės.

4. Draudikas neatleidžiamas nuo draudimo išmokos mokėjimo, kai ji pagal draudimo sutartį turi būti mokama apdraustojo mirties atveju, o mirtis įvyko dėl savižudybės, bet draudimo sutartis galiojo daugiau kaip trejus metus.

5. Jeigu draudimo sutartis nenustato ko kita, draudikas atleidžiamas nuo draudimo išmokos mokėjimo taip pat šiais atvejais:

1) jeigu draudiminis įvykis įvyko dėl karo veiksmų ar radioaktyvaus spinduliavimo poveikio;

2) jeigu žala atsirado dėl turto konfiskavimo, arešto ar jo sunaikinimo valstybės valdžios institucijų nurodymu;

3) kitais įstatymų numatytais atvejais. 6. Įstatymai gali nustatyti ir kitus atleidimo nuo draudimo išmokos mokėjimo atvejus.

6.1015 straipsnis. Draudėjo teisių į žalos atlyginimą perėjimas draudikui (subrogacija)

1. Jeigu draudimo sutartis nenustato ko kita, draudikui, išmokėjusiam draudimo išmoką, pereina teisė reikalauti išmokėtų sumų iš atsakingo už padarytą žalą asmens. Jeigu žala buvo padaryta tyčia, reikalavimo teisė draudikui pereina, nepaisant to, kad draudimo sutartis subrogaciją draudžia. Subrogacija netaikoma draudimo nuo nelaimingų atsitikimų, draudimo ligos atveju, civilinės atsakomybės draudimo atveju, taip pat kitais įstatymų numatytais atvejais.

2. Reikalavimo teisė, perėjusi draudikui, įgyvendinama laikantis taisyklių, kurios nustato draudėjo (naudos gavėjo) ir už žalą atsakingo asmens santykius.

3. Draudėjas (naudos gavėjas) privalo perduoti draudikui visą informaciją, kuri yra būtina, kad draudikas tinkamai įgyvendintų jam perėjusią reikalavimo teisę.

4. Jeigu draudėjas (naudos gavėjas) atsisakė savo reikalavimo teisės arba ją įgyvendinti tapo negalima dėl draudėjo (naudos gavėjo) kaltės, tai draudikas atleidžiamas visiškai ar iš dalies nuo draudimo išmokos mokėjimo ir turi teisę reikalauti grąžinti jau išmokėtą išmoką.

6.1016 straipsnis. Perdraudimas 1. Draudimo išmokos išmokėjimo riziką draudikas gali visiškai ar iš dalies apdrausti

sudarydamas perdraudimo sutartis su kitais draudikais. Šiuo atveju draudikas pagal pagrindinę draudimo sutartį tampa draudėju pagal perdraudimo sutartį.

2. Perdraudimo sutartims mutatis mutandis taikomos šio skyriaus taisyklės. 3. Perdraudimo atveju atsakingu draudėjui už draudimo išmokos išmokėjimą išlieka

draudikas pagal pagrindinę draudimo sutartį.

6.1017 straipsnis. Savitarpio draudimas 1. Fiziniai ir juridiniai asmenys gali drausti turtinius interesus savitarpio pagrindu,

sujungdami šiam draudimui reikalingas lėšas savidraudos draugijose. 2. Savidraudos draugijų veiklą reglamentuoja įstatymai. 3. Šio skyriaus taisyklės savitarpio draudimui taikomos tiek, kiek kiti įstatymai nenustato

ko kita.

6.1018 straipsnis. Specialios draudimo šakos ir grupės Šio skyriaus taisyklės taikomos įstatymų nustatytoms draudimo šakoms ir grupėms tiek,

kiek kiti įstatymai nenustato ko kita. ______________

Pakeitimai:

401

1. Lietuvos Respublikos Seimas, Įstatymas Nr. IX-2172, 2004-04-27, Žin., 2004, Nr. 72-2495 (2004-04-30) CIVILINIO KODEKSO 1.3, 2.55, 2.61, 2.72, 2.79, 2.112, 2.152, 2.160, 2.167, 4.176, 6.292, 6.298, 6.299, 6.747, 6.748, 6.751, 6.753 STRAIPSNIŲ PAKEITIMO IR PAPILDYMO ĮSTATYMAS

2. Lietuvos Respublikos Seimas, Įstatymas Nr. IX-2571, 2004-11-11, Žin., 2004, Nr. 171-6319 (2004-11-26) CIVILINIO KODEKSO 3.194 STRAIPSNIO PAKEITIMO ĮSTATYMAS

3. Lietuvos Respublikos Seimas, Įstatymas Nr. X-730, 2006-06-22, Žin., 2006, Nr. 77-2974 (2006-07-14) CIVILINIO KODEKSO 6.470 STRAIPSNIO PAKEITIMO ĮSTATYMAS

4. Lietuvos Respublikos Seimas, Įstatymas Nr. X-858, 2006-10-17, Žin., 2006, Nr. 116-4403 (2006-10-31) CIVILINIO KODEKSO 4.103 STRAIPSNIO PAKEITIMO ĮSTATYMAS

5. Lietuvos Respublikos Seimas, Įstatymas Nr. X-1566, 2008-06-03, Žin., 2008, Nr. 68-2568 (2008-06-14) CIVILINIO KODEKSO 3.65 STRAIPSNIO PAKEITIMO ĮSTATYMAS

6. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-65, 2008-12-16, Žin., 2008, Nr. 149-5997 (2008-12-30) CIVILINIO KODEKSO 6.188 STRAIPSNIO PAKEITIMO IR PAPILDYMO ĮSTATYMAS

7. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-372, 2009-07-21, Žin., 2009, Nr. 93-3965 (2009-08-04) CIVILINIO KODEKSO 2.33 STRAIPSNIO PAPILDYMO ĮSTATYMAS

8. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-447, 2009-10-22, Žin., 2009, Nr. 134-5832 (2009-11-10) CIVILINIO KODEKSO 6.750, 6.751, 6.754, 6.865 STRAIPSNIŲ PAPILDYMO IR PAKEITIMO ĮSTATYMAS

9. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-485, 2009-11-12, Žin., 2009, Nr. 141-6205 (2009-11-28) CIVILINIO KODEKSO 2.72 STRAIPSNIO PAKEITIMO ĮSTATYMAS

10. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-595, 2009-12-22, Žin., 2009, Nr. 159-7202 (2009-12-31) CIVILINIO KODEKSO 1.21, 2.47, 2.49, 2.54, 2.55, 2.58, 2.62, 2.64, 2.65, 2.66, 2.70, 2.71, 2.72, 2.82, 2.100, 2.104, 2.106, 2.114, 2.180 STRAIPSNIŲ PAKEITIMO IR PAPILDYMO ĮSTATYMAS Šis įstatymas, išskyrus 20 straipsnį, įsigalioja 2010 m. sausio 1 d.

11. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-747, 2010-04-13, Žin., 2010, Nr. 48-2297 (2010-04-27) CIVILINIO KODEKSO 6.548 STRAIPSNIO PAKEITIMO ĮSTATYMAS Šis įstatymas įsigalioja 2010 m. liepos 1 d.

12.

402

Lietuvos Respublikos Seimas, Įstatymas Nr. XI-881, 2010-06-04, Žin., 2010, Nr. 71-3554 (2010-06-19) CIVILINIO KODEKSO 2.38 STRAIPSNIO PAKEITIMO ĮSTATYMAS

13. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-937, 2010-06-22, Žin., 2010, Nr. 76-3873 (2010-06-30) CIVILINIO KODEKSO 3.14 STRAIPSNIO PAKEITIMO ĮSTATYMAS

14. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-993, 2010-07-02, Žin., 2010, Nr. 84-4402 (2010-07-15) CIVILINIO KODEKSO 4.103 STRAIPSNIO PAKEITIMO ĮSTATYMAS Šis įstatymas įsigalioja 2011 m. sausio 1 d.

15. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-1031, 2010-09-23, Žin., 2010, Nr. 126-6456 (2010-10-26) CIVILINIO KODEKSO PAPILDYMO 2.11(1), 2.138(1) STRAIPSNIAIS IR 2.147 STRAIPSNIO PAKEITIMO ĮSTATYMAS Šis įstatymas, išskyrus šio straipsnio 2 dalį, įsigalioja 2011 m. sausio 1 d.

16. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-1254, 2010-12-23, Žin., 2011, Nr. 1-2 (2011-01-04) CIVILINIO KODEKSO 6.886 STRAIPSNIO PAKEITIMO IR 6.887, 6.888, 6.889, 6.890, 6.891 STRAIPSNIŲ PRIPAŽINIMO NETEKUSIAIS GALIOS ĮSTATYMAS Šis įstatymas įsigalioja 2011 m. balandžio 1 d.

17. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-1312, 2011-04-12, Žin., 2011, Nr. 49-2367 (2011-04-28) CIVILINIO KODEKSO 4.100 STRAIPSNIO PAKEITIMO ĮSTATYMAS

18. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-1441, 2011-06-09, Žin., 2011, Nr. 74-3545 (2011-06-18) CIVILINIO KODEKSO 1.134 STRAIPSNIO PAPILDYMO IR PAKEITIMO ĮSTATYMAS

19. Lietuvos Respublikos Seimas, Įstatymas Nr. XI-1442, 2011-06-09, Žin., 2011, Nr. 74-3546 (2011-06-18) CIVILINIO KODEKSO PATVIRTINIMO, ĮSIGALIOJIMO IR ĮGYVENDINIMO ĮSTATYMO 11 STRAIPSNIO PAKEITIMO ĮSTATYMAS

*** Pabaiga ***

Konstitucinio Teismo nutarimai:

1. Lietuvos Respublikos Konstitucinis Teismas, Nutarimas 2007-06-07, Žin., 2007, Nr. 65-2529 (2007-06-12) DĖL LIETUVOS RESPUBLIKOS CIVILINIO KODEKSO 3.194 STRAIPSNIO 3 DALIES (2004 M. LAPKRIČIO 11 D. REDAKCIJA) ATITIKTIES LIETUVOS RESPUBLIKOS KONSTITUCIJAI

*** Pabaiga ***

Redagavo Aušrinė Trapinskienė (2011-06-20) ausrine.trapinskiene@lrs.lt

403

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