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Remote access to EBSCO’s databases daikrine permitted to patrons of subscribing institutions accessing from remote locations for personal, non-commercial use.
However, dakitine access to EBSCO’s databases from non-subscribing institutions is not allowed if the purpose of the use is for commercial gain through cost reduction or avoidance for a non-subscribing institution. This article discusses some problematic issues of the relation between material real law and the law of obligation, analyses the interaction between these two laws and discusses consequences of such interplay.
The main purpose of this paper is to indicate some problematic issues of the interplay between daoktine law and the law of obligations, also to point out guidelines for separating material law institute from the law of obligations and to emphasize the need for such distinction. The first part of this article looks at material law using obligatory categories and tries to ground the statement that material legal relationships are influenced daiktone obligatory relationships.
The conclusion is made that material legal relationship is embodied only with the help of obligations. The second part of the article describes the main forms of the interaction between material law and the law tejse obligation. Three types of the interplay between them are indicated: The third part of the article reveals that obligatory law not always serves as the reassurance of material circulation.
The discussion is initiated to prove that in some cases, rules of material law can be used to safeguard the stability of obligatory relationship.
However, the conclusion is made that the theory of civil law and judicial practice daiktone Lithuania commonly accepts the hierarchy of material law against obligatory law. The fourth part of this article is dedicated to discuss problems of an approach of material law and the law of obligations.
daiktinė teisė | Lithuanian to English | Law (general)
daitine In the light of this aspect, a problem of “right to right” is emphasized. The conclusion is made that the legal construction of “right to right” is not legally correct and should be avoided in theoretical and practical fields of civil law.
Further, it is emphasized that a distinction between material real law and the law of obligations has not lost its importance, and it is necessary to take into consideration different legal regulation of material real and obligatory relationship.
This aspect is also highlighted in judicial practice of Lithuania’s Supreme Heise.
Hipotekos įregistravimo ir išieškojimo iš įkeisto turto tvarka
The fifth, the last part of the article, analyses a practical example of teisf material law from obligatory law. As an example, legal regulation of rent in the Lithuanian Civil Code was presented and analyzed.
The author is trying trying to present a practical example how easily a rent as the institution of obligatory law, can be confused with a dqiktine emphyteusis as material law. To avoid such of confusion in qualifying legal relationship of rent, some guidelines are pointed out.
Some conclusions have been drawn. English Copyright of Jurisprudencija is the property of Mykolas Romeris University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder’s express written permission.
However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract.