CIVIL CODE

OF THE REPUBLIC OF LITHUANIA

18 July 2000 No VIII-1864

Vilnius

(Last amended on 12 April 2011 No XI-1312)

BOOK ONE

GENERAL PROVISIONS

PART I

CIVIL LAWS AND THEIR APPLICATION

CHAPTER I

CIVIL LAWS AND THE RELATIONSHIPS THEY REGULATE

Article 1.1. Relationships regulated by the Civil Code of the Republic of Lithuania

1. The Civil Code of the Republic of Lithuania shall govern property relationships and

personal non-property relationships related with the aforesaid relations, as well as family

relationships. In the cases provided for by laws, other personal non-property relationships shall

likewise be regulated by this Code.

2. The provisions established by this Code shall apply to property relationships based on the

legal subordination of persons to state institutions and directly resultant from their exercise of

functions of state power (realization of subordination), or from the performance of persons

obligations established by laws towards the state, or from the infliction of administrative or criminal

sanctions established by laws, including relationships in the field of taxation and other obligatory

payments or dues to the state or to its institutions, also in the field of the state budget, as well as to

any other relationships governed by the provisions of public law to the extent that these relationships

are not regulated by the relevant laws, also in the cases when it is expressly prescribed by this Code.

3. Labour relationships shall be regulated by special laws. The provisions of this Code shall

apply to labour relations to the extent that they are not regulated by special laws.

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Article 1.2. Principles of legal regulation of civil relationships

1. Civil relationships shall be regulated in accordance with the principles of equality of their

subjects rights, inviolability of property, freedom of contract, non-interference in private relations,

legal certainty, proportionality, and legitimate expectations, prohibition to abuse a right, as well as

the principles of comprehensive judicial protection of civil rights.

2. No civil rights may be limited, except in the cases established by laws, or on the basis of a

court judgment made in accordance with laws, where such limitation is necessary to protect public

order, the principles of good morals, likewise the health and life of people, property of persons, their

rights and lawful interests.

Article 1.3. Sources of civil law

1. The sources of the Civil law shall be the Constitution of the Republic of Lithuania, the

present Code, other laws and international treaties of the Republic of Lithuania.

2. In the eventuality of contradictions between the present Code and other laws, the

provisions of this Code shall apply, except in cases where this Code gives priority to the provisions

of other laws.

3. When implementing legal acts of the European Union, other laws may lay down the

norms, regulating civil legal relationships, other than those laid down by this Code. In this case the

Civil Code shall apply to the extent other laws do not specify otherwise.

4. Civil relationships may be regulated by the decisions of the Government and legal acts of

other state institutions only in the cases and to the extent expressly indicated by laws. Where legal

acts of the Government or those of the other state institutions contradict the provisions of the present

Code or the norms of other laws, the provisions of the Civil Code, or those of the other laws shall

prevail.

5. A court has the right to declare a legal act or a part thereof void if it contradicts the Civil

Code or another law in those cases where the supervision of the conformity of this act to the

Constitution or to other laws is not within the competence of the Constitutional Court. The court,

having recognized such a legal act to be void, shall within 3 days send a copy of its judgement to the

institution or the official that has passed the legal act concerned. The res judicata court judgement

shall be published in Valstybs inios (The Official Gazette).

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Article 1.4. Customs

1. In the cases established by laws or agreed on in contracts, civil relationships shall be

regulated by customs.

2. Customs may not be applied if they are contrary to the mandatory legal norms or to the

principles of good faith, reasonableness and justice.

Article 1.5. Application of the criteria of justice, reasonableness and good faith

1. In exercise of their rights and performance of their duties, the subjects of civil

relationships shall act according to the principles of justice, reasonableness and good faith.

2. In the cases when laws do not prevent subjects of civil legal relationships from

determining their mutual rights and duties upon agreement between themselves, these subjects shall

act in accordance with the principles of justice, reasonableness and good faith.

3. If laws or an agreement between the parties provide for certain issues to be decided by a

court according to its discretion, the court shall act in accordance with the principles of justice,

reasonableness and good faith.

4. In interpreting and applying laws, the court shall be guided by the principles of justice,

reasonableness and good faith.

Article 1.6. Ignorance of laws or improper understanding thereof

Ignorance of laws or improper understanding thereof shall not exempt from the application

of the sanctions established therein, and shall not justify the failure to comply with the requirements

of laws, likewise improper compliance therewith.

Article 1.7. The effect of civil laws

1. Civil laws and the other legal acts regulating civil relationships shall enter into force only

upon their publication within the procedure established by the laws.

2. Civil laws and other legal acts regulating civil relationships shall have no retroactive

effect.

Article 1.8. Analogy of a statute and law

1. Civil relationships not regulated by the norms of the Civil law shall be governed by civil

laws that regulate similar relationships (analogy of statute).

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2. In absence of relevant civil laws regulating similar relationships, general principles of law

shall be applied (analogy of law).

3. Special norms, i.e. those establishing exceptions to general rules, may not be applied by

analogy.

Article 1.9. Principles of interpretation of the Civil Code provisions

1. In order to ensure the integrity of the present Code and the conformity of its separate

structural parts, the provisions of this Code in the process of their application shall be interpreted by

taking into account the structure and system of this Code.

2. The words and word combinations used in this Code shall be interpreted according to their

general meaning, except in those cases where it is clear from the context that a word or word

combination is used in a special legal, technical or any other meaning. In the cases of non-

conformity between the general and the special meaning of a word, priority shall be given to the

special meaning.

3. In determining the right meaning of an applicable norm, the purposes and tasks of the

Civil Code and the norm concerned shall be taken into consideration.

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CHAPTER II

PRIVATE INTERNATIONAL LAW

SECTION ONE

GENERAL PROVISIONS

Article 1.10. Application of foreign law

1. Foreign law shall apply to civil relationships where it is so provided for by the

international treaties of the Republic of Lithuania, agreements between the parties or the laws of the

Republic of Lithuania.

2. A reference to foreign law shall include all the provisions applicable to the facts of a case

under that law. The application of a provision of foreign law may not be precluded solely because of

the provision being attributed to public law.

3. A reference to an applicable foreign law means a reference to the national material law of

the state concerned, but not a reference to the private international law of that state, except in cases

provided for by this Code.

4. Where the legal system of the state to which the renvoi is made by the provisions of this

Code comprises different legal systems based on the criteria of division into several territorial units,

a reference to an applicable foreign law shall mean a reference to the legal system of the relevant

territory determined in accordance with the criteria established in the law of that foreign state.

5. Where the legal system of the state to which renvoi is made by the provisions of this Code

comprises several legal systems applied to different categories of persons, the applicable legal

systems shall be determined in accordance with the criteria established in the law of that foreign

state.

6. Where the criteria foreseen in paragraphs 4 and 5 of this Article may not be identified

within the scope of the applicable foreign law, the law of the legal system to which the relevant case

is most closely connected shall apply.

Article 1.11. Limitation of the application of foreign law

1. The provisions of foreign law shall not be applied where the application thereof might be

inconsistent with the public order established by