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2 Baltic J.L. & Pol. 1 (2009)

handle is hein.journals/bjlp2 and id is 1 raw text is: BALTIC JOURNAL OF LAW & POLITICS
VOLUME 2, NUMBER 1 (2009)
ISSN 2029-0405
Cit.: Baltic Journal of Law & Politics 2:1 (2009): 1-17
DOI: 10.2478/v10076-009-0001-0
Julija Kirsiene
Associate Professor; Dr.
Vytautas Magnus University Faculty of Law, Department of Private Law
Contact information
Address: S. Daukanto str. 28, LT-44246 Kaunas, Lithuania
Phone: 370-37-327873
E-mail address: j.kirsiene@tf.vdu.lt
Received: March 31, 2009; reviews: 2; accepted: May 28, 2009.
The article analyzes the regulation and application of the retention of the title clause.
Uncommon in Lithuania, though widespread in other countries, retention of the title clause is
a measure for securing obligations in wholesales. In the first section of the article the
concept of retention of the title clause is outlined and discussed. Although the Civil Code of
the Republic of Lithuania stipulates that retention of title could be vested only in goods, the
parties can agree on a so-called enlarged or prolonged retention of the title clause. The
second section of the article deals with the formal requirements, such as content, form,
registration, etc. for validity of reservation of title clause in Lithuania. Following this, the
issues of qualification and the legal consequences of the buyer's titles to goods in which
ownership is reserved by the seller are discussed. The buyer under sale agreement may
enjoy different models of titles: trust, agency, and transfer of future claims. The
administration and consequences of these models are discussed in detail in the third section
of the article. The final segment of the article deals with the issue of the consequences of the
retention of title clause in the event of the buyer's insolvency. The consequences may differ
depending on the chosen model of buyer's title. Since the purpose of the reservation of title
clause is to have priority over other creditors (even secured), the comparative analysis of the

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