The article deals with a specific type of contract that an heir is entitled to conclude—the transfer (or sale) of the rights of succession. As a starting point, the author of the article analyses the formation and further development of the transfer of succession as a whole (hereditas) in the Roman law. Two major proceedings used by Roman lawyers for the purposes of the alienation of hereditas are analysed, one being in iure cessio hereditatis and the second taking the form (...) of emptio venditi hereditatis. The interrelations between this kind of transfer and the recognition of the possibility of the assignment of rights (cessio) under the Roman law are pointed out. The author traces the impact of the principles developed by the Roman law on the legal regulation of the contract in question in modern codification by drawing attention to the French Civil Code and the Civil Code of Quebec. The author states that the legal rules on the sale of the rights of succession contained in the new Lithuanian Civil Code adopted in 2000 have been transposed, to a large extent, from the two abovementioned codes. After analysing the object of this contract, the author concludes that it is the sale of a certain incorporeal property (res incorporales) that is meant by the terms ‘succession’ (hereditas) or the ‘rights of succession’. This feature distinguishes the analysed contract from the ordinary contracts that an heir may conclude for the purposes of the alienation of specific objects making part of the succession. (shrink)

In a legal sense, a proprietary complex is comprehended as a totality of the objects of civil rights having common purpose which is referred to as a self-sufficient object having separate monetary value. In contemporary doctrine of private law, wherein the pluralistic theory of civil relationship is prevalent, the object of the civil relationship as well as the object of civil rights is considered the values regarding which of the civil relationship emerged. Proprietary complexes as the multipartite objects of civil (...) rights are comprised of various units of asset. In a legal sense, assets are considered as the objects of civil rights having economic value and capacity to participate in civil turnover, i.e. the owner is able to transfer such object to another person. While forming proprietary complexes, different units of assets (tangible and intangible) are united into a totality which is considered as one object of civil rights. So, if the positive law constitutes a possibility to form proprietary complexes and to participate in civil turnover, it becomes possible to capitalize assets, whereas proprietary complexes are formed in order to gain additional monetary value. Therefore, the purpose of this research is to analyse the formation of proprietary complexes, the genesis and theoretical grounding of proprietary complexes and different kinds of proprietary complexes. The subject matter of the research is the analysis of the concept of proprietary complex, the identification of the features of proprietary complexes and the analysis of particular proprietary complexes. The main methods used in this research are document (content of source), linguistic, systematic and critical analyses as well as historical, comparative and teleological analyses. (shrink)

Under the market economy, a contract serves as the main regulatory instrument of mutual rights and obligations of private law subjects. Many different types of contracts allow people to satisfy their needs and to achieve the desired results. Most contracts are concluded subject to established common criteria, yet almost every type of contract has also its own specifics. The article examines the marriage contract with its particular features (subjects, content, etc.) and analyses its complex nature and its main purpose. The (...) institution of marriage contract is relatively poorly covered by academic research in Lithuania (academic papers on legal science provide only patchy analysis of these contracts); case law in the resolution of arguments originating from such contracts is also limited and thus not completely established. Despite controversial attitudes towards the purpose of marriage contract, the numbers of concluded prenuptial and postnuptial agreements increase from year to year, i.e. more and more individuals express their will to specify the content of property obligations and to define the legal regime of property. These contracts are usually concluded to avoid unpredictable division of property in case of divorce and to protect family members against possible future claims of third parties (creditors). Bearing in mind that legal provisions governing marriage contracts are subject to diverse interpretation, analysis of this institution appears timely and relevant. (shrink)