CIVIL RIGHTS AND THE METHODS FOR THEIR PROTECTION

  • 2009-09-23
  • By Marius Matiukas, Assistant to the Attorney at Law
Grounds for civil rights and duties

Civil rights and duties shall arise on the grounds established by the Civil Code of the Republic of Lithuania and from 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.

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 are 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 of 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.

Protection of civil rights
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 the reasonable threat of the occurrence of damage (preventive action);
4) a 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 as provided by laws.