Code of Civil Procedure of Lithuania: Experience of First Years of Application
##plugins.themes.bootstrap3.article.main##
Abstract
The article presents some considerations about the first experiences of application of the new Code of Civil Procedure of Lithuania (during the period from 2002, when the mentioned law came into force, to 2004). The focus of attention is the reflection of novelties of the Code of Civil Procedure in the jurisprudence of Lithuanian courts.
Specific attention is paid to the explanation and application of main procedural principles and principal provisions: principle of procedural concentration, cooperation, judicial obligation to provide information, obligation of parties to take care about the progress of proceedings, prohibition to misuse the procedural guarantees.
The author tries to reveal the coincidence or discrepancy of the will of legislator, legal doctrine, and judicial practice when applying the provisions of the new Code of Civil Procedure in individual civil cases.
Bearing in mind the importance of one of the novelties of the Code of Civil Procedure – default judgement, a bit more attention is given to the judicial application of norms, regulating the mentioned legal institution.
The author concludes, that although Lithuanian courts have not succeeded to avoid different explanation and application of the norms of the new Code of Civil Procedure of Lithuania, the first experiences of application of this legal act also reveal numerous examples of „good judicial practice“, especially made by the courts of higher instance. Specific contribution to the application of the new Code of Civil Procedure of Lithuania was made by the Supreme Court of Lithuania, for the meantime by the way of consultations, as longer period of time is necessary for the first cases to reach the cassation court. Positive phenomenon is that many examples of „good judicial practice“ may be found among the rulings of the courts of appellate instance, namely the Court of Appeals of Lithuania. It is important bearing in mind the fact, that after the introduction of limited cassation and system of leaves for the cassation appeal, only the insignificant per cent of civil cases is heard by the Supreme Court of Lithuania.
Specific attention is paid to the explanation and application of main procedural principles and principal provisions: principle of procedural concentration, cooperation, judicial obligation to provide information, obligation of parties to take care about the progress of proceedings, prohibition to misuse the procedural guarantees.
The author tries to reveal the coincidence or discrepancy of the will of legislator, legal doctrine, and judicial practice when applying the provisions of the new Code of Civil Procedure in individual civil cases.
Bearing in mind the importance of one of the novelties of the Code of Civil Procedure – default judgement, a bit more attention is given to the judicial application of norms, regulating the mentioned legal institution.
The author concludes, that although Lithuanian courts have not succeeded to avoid different explanation and application of the norms of the new Code of Civil Procedure of Lithuania, the first experiences of application of this legal act also reveal numerous examples of „good judicial practice“, especially made by the courts of higher instance. Specific contribution to the application of the new Code of Civil Procedure of Lithuania was made by the Supreme Court of Lithuania, for the meantime by the way of consultations, as longer period of time is necessary for the first cases to reach the cassation court. Positive phenomenon is that many examples of „good judicial practice“ may be found among the rulings of the courts of appellate instance, namely the Court of Appeals of Lithuania. It is important bearing in mind the fact, that after the introduction of limited cassation and system of leaves for the cassation appeal, only the insignificant per cent of civil cases is heard by the Supreme Court of Lithuania.
##plugins.themes.bootstrap3.article.details##
Section
Articles
Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution-NoDerivatives 4.0 International Public (CC BY-NC-ND) License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, and that in the event of reuse or distribution, the terms of this licence are made clear.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
