Numatomo sutarties pažeidimo doktrina: kvalifikavimo pagrindai ir teisinis poveikis
Doctrine of Anticipatory Breach: Concepcion, Rules of Qualification and Legal Impact

Summary/Abstract: One-sided termination of contract is one of the most sophisticated and hardest solving problems in contract law, which cause some difficulties in obligational relationship practice for both sides. The Civil code of Republic of Lithuania empowers a party to terminate the contract anticipating fundamental breach of contract. It is new, but very mysterious category in Lithuanian civil law, which is still silent at today’s national case law. There is a purpose to show, in accordance with the examples of practice of contractual relationships, that under the veil of doctrine of anticipatory repudiation, hiding very strong remedy for protection of creditor rights in this Article. The doctrine prospective expands defensive curtain for parties of contract, because it is sacred to the preventive defence of promise contractual rights and legal interests unwaiting for the lapse of time. The impact of the Article 6.219 of Civil code shows in purpose to give a chance to party to use the ultimate remedy in contract law – cancellation of contract, anticipatory breach equated to factual breach of contract in that case ostensibly making legal fiction – that time of performance lapsed. The doctrine of anticipatory breach is also blocking the unfair acts of debtor when he intends to make parallel negotiations with third persons for the same subject-matter.

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