Ieškinio senaties instituto raida Lietuvoje: materialiniai ir procesiniai aspektai

Abstract

The article describes the conception of limitation, the purpose and the main principles of application in the modern law, examines the reform of the institution of limitation after re-creation of the independence of Lithuania. The article also discuses the main changes of law norms of this institution maid in the new Civil code, the perspectives of legal regulation and application of limitation. When the independence of Lithuania was re-created the regulation of institution of limitation was inadequate to social economical circumstances and common principles of the public system juridical regulation. The Civil code regulation of the institution of limitation was essentially modified at 1994 - there was determined the uniform legal regime of application of limitation to all subjects of civil turnover and restored the effect of such principles as equality, disposition, impartiality of court in application of rules of limitation. It’s determined that limitation can be applied in all cases only according the demand of the debtor (defendant). Some other innovations of legal regulation of limitation are also analysed by using the comparative method. These innovations are determined in the Civil Code confirmed by law No. VIII-1864 at 18th of July 2000 and causes the restriction of the application of limitation, granting the priority to defence of rights.