Protection of the Public Interest in the New Code of Civil Procedure of Lithuania
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Abstract
The modern doctrine of law aspires to harmonious interaction between an individual and a society, and it pays more attention to the public interests. Public interests in Lithuania are protected by the enactment, traditionally concerned to be acts of private law, such as the Civil Code. Therefore, the necessity to protect public interests, i.e. the interests of community and state, collective rights and interests of very large groups of persons, by means of the judicial protection, is absolutely clear.
The individual liberal model of civil procedure has been criticised for a long time, because it was mainly used for the protection of private interests of separate individuals. Therefore, the model of social civil procedure has been selected as a basis of the new code of civil procedure of Lithuania in order to ensure the balance between private and public interests.
This article deals with the comparison of the regulations of protection of the public interest in the past and present Code of civil procedure: the participation of the public prosecutor, public institutions, institutions of local governing and other persons in civil procedure with the purpose of protection of public interests. It is made an overview about the new forms of public interest actions – individual and group (class) actions for the protection of public interests.
The individual liberal model of civil procedure has been criticised for a long time, because it was mainly used for the protection of private interests of separate individuals. Therefore, the model of social civil procedure has been selected as a basis of the new code of civil procedure of Lithuania in order to ensure the balance between private and public interests.
This article deals with the comparison of the regulations of protection of the public interest in the past and present Code of civil procedure: the participation of the public prosecutor, public institutions, institutions of local governing and other persons in civil procedure with the purpose of protection of public interests. It is made an overview about the new forms of public interest actions – individual and group (class) actions for the protection of public interests.
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Please see Copyright and Licence Agreement for further details.
