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    Advokatų kontora Lideika, Petrauskas, Valiūnas ir partneriai LAWIN
    Lideika, Petrauskas, Valiūnas & Partners
    January, 2006
    All articles
    <...>
    OWNERSHIP RIGHT

          On 23 November 2005, the Supreme Court of Lithuania in civil case No 3K-3-599/2005 UAB Edgira v UAB Norta and AB Stop-Servis stated its opinion with respect to assignment of a buyer's rights. Article 4.79 of the Civil Code regulates the pre-emptive right of a co-owner to

          purchase a part of a being sold thing which is held by the joint ownership right, at the price it is offered for sale and subject to the same other conditions. The seller of a part of joint ownership must notify other co-owners in

          writing of his/her intention to sell his/her part not to a co-owner, specifying the price and other conditions of sale. The sale of a part of an immovable thing should be notified through a notary public. When other co-owners refuse to

          exercise their pre-emptive right to purchase the part being sold, the seller is entitled to sell his part to any person. The purpose of this legal rule is to protect the interests of co-owners and

          reduce their number seeking to ensure the efficient possession and disposal of a certain property. If a part of a co-owned thing (object) is sold in violation of the pre-emptive right to purchase it, the other co-owner will be entitled to claim within three months in judicial procedure the assignment of the buyer's rights

          and obligations to him. For the assigning of the buyer's rights and obligations it is sufficient to establish that the right of the other co-owner to purchase this part has been infringed. This is a special legal rule aimed at protection of the property interests of other co-owners. While

          assigning the rights and obligations of a buyer, the fairness of the third person who has acquired the property held by the joint-partial ownership right will not be taken into account. On 5 December 2005, the Supreme Court of Lithuania in civil case No 3K-3-641/2005

          Nijolë Kavaliauskienë, Jonas Jurkonis and Juozas Jonas Jurkonis v Stasys Motiejus Jurkonis stated that the purpose of legal acts regulating

          the restitution of the ownership rights to existing real estate was to restore, at least in part, the citizens' ownership right to the existing real estate thus protecting the infringed ownership right of the citizens. These legal acts primarily

          serve to protect the rights and interests of the person whose ownership right has been infringed, i.e. the owner. The right to restore the existing real estate which is held by other persons referred to in legal acts governing the restitution of ownership rights is derived from

          the owner's rights. Such other persons may restore the ownership right only if the owner of the property is dead. No law, however, sets forth the restitution of the ownership rights per se. Laws only declare the continuity of the wnership rights that are unlawfully denied and

          ensure that the ownership rights to the persons who have stated their will to restore the ownership rights previously held or assigned will be restored subject to the procedure and conditions prescribed by laws. However, the will of the person eligible for restoring the

          ownership rights should be stated by filing an application concerning the restitution of the ownership rights with a respective institution authorised to restore ownership rights.

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