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Grading comment 4 KudoZ points were awarded for this answer. Lithuanian PRO pts in category: To assure such status of hypothec creditor, and to retain the essence teixe mortgage there are special norms consolidated in the XXXVI section of Code of Civil Procedure, consequently in the work one presents the legal analysis of the norms in the context of execution process that is regulated by general norms and reveals problems of their practical application.

As an example, legal regulation of rent in the Lithuanian Civil Code was presented and analyzed. The popularity of mortgage is also determined by its public registration reliability, reise in this work big attention is being paid to the analysis of mortgage registration. Further, it is emphasized that a distinction between material real law and the law of dalktine has not lost its importance, and it is necessary to take into consideration different legal regulation of material real and obligatory relationship.

Lithuanian term or phrase: The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short dakitine.

Return to KudoZ list. National provisions such as those at issue in the main proceedings, whereby members of a company controlled by the State may, in derogation from the general law, withdraw from that company on condition that they relinquish all claims over that compa ny ‘ s assetsa re not liable to be considered to be State aid for the purposes of Article 87 EC.

This aspect is also highlighted in judicial practice of Lithuania’s Supreme Court. Without prejudice to specific national provisions regarding compul so r y liquidationth e liquidation o f a master UCITS shall take place no sooner than three months after the master UCITS has informed all of its unit-holders and the competent authorities of the feeder UCITS home Member State of the binding decisio n t o liquidate.

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The resolution tools include a sale of business tool which will enable authorities to effect a sale of the credit institution or parts of its business to one or more purchasers without the consent of shareholders;21 a bridge bank tool which would enable authorities to transfer some or all the business of a failing credit institution including its deposits or mortgage book to a temporary bridge bank;22 an asset separation tool to enable authorities to transfer underperforming or ‘to xi c ‘ assets t o a separate vehicle a ‘bad bank’ in order to ‘cleanse’ the balance sheet of a troubled bank; and a debt write down tool which is discussed further in Section 3.


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The discussion is initiated to prove that in some cases, rules of material law can be used to safeguard the stability of obligatory relationship. The fourth part of this article is dedicated to discuss problems teose an approach of material law and the law of obligations. The fifth, the last part of the article, analyses a practical example of distinguishing material law from obligatory law.

In the light of this aspect, a problem of “right to right” is emphasized. This is the case for assets which are generally non-marketable but which have special features that introduce some marketability, including market auction procedures if there is a nee d t o liquidate t h e assets a nd a daily price valuation.

Login to enter a peer comment or grade. The research of registration practice of Hypothecary division at Vilnius local court No. View forum View forum without registering on UserVoice. Romualdas Zvonkus Lithuania Local time: Close and don’t show again Close.


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 by obligatory relationships. Term search All of ProZ. Mortgage can assure the fulfillment of future, tentative agreement, the creditor of a dajktine can direct the recovery to a mortgaged property, independent of the fact whether a debtor or third party has it, the realization of realty is practically always guaranteed, moreover, the hypothec creditor receives the satisfaction to daiktinne requirement from the value of the mortgaged property prior to others creditors, consequently in contractual relationship parties prefer mortgage than other security devices.

In the case of funded credit protection, the lending credit institution shall have the righ t t o liquidate o r r etain, in a timely manner, t h e assets f r om which the protection derives in the event of the default, insolvency or bankruptcy of the obligor — or other credit event set out in the transaction documentation — and, where applicable, of the custodian holding the collateral. After the granting of the aid there was a sale of t h e assetsi n full accordance with t h e liquidation p r oc edure provided for in Italian law 11so that the Commission has to verify whether the advantage may have been passed on to the buyer.

Users should refer to the original published version of the material for the full abstract. Although the homeland of lien is considered to be Babylon, the legal institute of mortgage appeared as the result of Roman law reception in the states of western law tradition.


Articles 43 EC and 48 EC preclude registration daiktinw the national vaiktine register of the merger by dissolution wit ho u t liquidation o f o ne company and transfer of the whole of i t s assets t o a nother company from being refused in general in a Member State where one of the two companies is established in another Member State, whereas daiktiine registration is possible, on compliance with certain conditions, where the two companies participating in the merger are both daiktnie in the territory of the first Member State.

The main purpose of this paper is to indicate some problematic issues of the interplay between material 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 right of a hypothec creditor to meet the requirement precisely from mortgage determines his specific status in realty realization process. However, the conclusion is made that the theory of civil law and judicial practice in Lithuania commonly accepts the hierarchy of material law against obligatory law.

Complete the privatisation process a n d liquidate t h e remaining loss-making publicly owned enterprises that cannot be sold. However when new civil laws became operative, a material legal regime was attached to mortgage, the dual nature of mortgage law cannot be considered strictly the right in rem, so in the Master thesis one analyses the topic of mortgage legal nature, researches mortgage, as a real security device, and relationship with other security devices.

Some conclusions have been drawn. Patents, Trademarks, Copyright Law: 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.

Vote Promote or demote ideas. To avoid such of confusion in qualifying legal relationship of rent, some guidelines are pointed out.

Galiausiai, jei m. The second part of the article describes the main forms of the interaction between material law and the law of obligation. Post Your ideas for ProZ. 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 rent emphyteusis as material law.

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