Darius Sabaitis

KLAUSIMAS. Vyras įkūrė UAB ir pirko statybinę techniką, brangų automobilį laiduodamas savo turtu be žmonos (nei raštiško, nei žodinio) sutikimo. Banko lizingas nereikalavo žmonos sutikimo! Pridavus lizinguojamą įrangą susidariusį skirtumą bankas reikalauja sumokėti iš vyro.

Tai gana nemaža suma – 80 tūkst. litų, kuriuos būtų sudėtinga sumokėti. Vyras išvykęs į užsienį ir veiksmų nesiima. Bendras turtas yra kitame banke už būsto paskolą nupirktas butas. Kokie turėtų būti žmonos veiksmai?

ATSAKYMAS. Jei vyras laidavo savo asmeniniu turtu, tuomet žmonos sutikimas ir nebuvo reikalingas.

Jei vyras laidavo bendru turtu, tuomet žmona turėtų kreiptis į banką ir informuoti apie tai, kad jos sutikimas, kaip bendraturtės, nebuvo duotas ir bankas neturi teisės nukreipti reikalavimo teisę į bendrąją nuosavybę.

Šiame straipsnyje yra pateikti UAB „LB BALTIC“ teisininkų komentarai, pagrįsti teisės aktų ir teismų praktikos analize. Šis straipsnis negali būti laikomas oficialia teisine išvada. Dėl teisinės konsultacijos konkrečiu atveju prašome kreiptis į UAB „LB BALTIC“ teisininkus.

UAB „LB BALTIC"

LAW & BUSINESS COMPANY

Naugarduko g. 41-217

LT-03227, Vilnius

Tel. / Fax. 852030795

Tel. 867472024

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www.lbbaltic.lt

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Susiję straipsniai:

• Valstybinio turto privatizavimas: nuo nuomininko link savininko
• Ar asmeninis turtas po santuokos priklauso ir sutuoktiniui?
• Ar galiu paprastai įsigyti antrą buto dalį, jei esu vienos jo dalies savininkė?
• Nekilnojamojo turto dovanojimas su galimybe jame gyventi
• Baudos iš darbuotojo reikalavimas