Nuosavybės ir paveldėjimo teisė

This case considers conformity of a Constitutional provision declaring that the State recognizes marriages registered in church with the Matrimonial and Family Code, which states that only civil marriages have legal effect. A widow was refused inheritance from her deceased spouse because their marriage was not contracted in a civil office before the passage of the Constitution. The Court affirmed that Constitutional provisions could not be applied retroactively, and thus only after 1992 when the legislation came into force can a church marriage be recognized by the State.

This case considers conformity of constitutional provisions mandating that the State shall ensure, foster, and protect fatherhood, motherhood, and childhood, with the Children’s Maintenance Fund’s requirement that the applicant and the child must permanently reside in Lithuania to receive benefits. The petitioner argued that if the applicant and the child would lose their state-guaranteed support upon leaving Lithuania, it would violate the right to freedom of movement and the State’s duty to prioritize child interests.

Amongst other things, this case sets out that the constitutional concept of family is not only derived from the institution of marriage. According to the Court, a family formed on the basis of “continuous emotional affection, mutual understanding, responsibility, respect, co-parenting, and the like” is also protected by the Constitution. The significance of such family definition for same-sex partners was proven years later by the Constitutional Court case No. 16/2016.

The legislation sets out various child benefits, such as a one-time payment for the birth or adoption of a child (EUR 462 in 2022) and entitlement to a monthly payment until a child reaches 18 years old (EUR 73,5 in 2022).

Šiame teisės akte nustatytos įvairios išmokos vaikui, pavyzdžiui, vienkartinė išmoka už vaiko gimimą ar įvaikinimą (462 EUR 2022 m.) ir teisė į mėnesinę išmoką, kol vaikui sueis 18 metų (73,5 EUR 2022 m.).