Self-defence in Lithuanian Civil Law
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Abstract
Civil rights protection ways were always urgent during Lithuania existence. One of ways - selfdefence - was known since the old times. It was reviewed in three Lithuanian Statutes and was widely used. Self-defence was known and used in mid-war period Lithuania. When Lithuania was occupied and the Civil Code of Russian Federation was enforced and later after application of Civil Code in 1964, self-defence as a way for protection of civil rights was prohibited and treated as selfgovernment. After restoration of Lithuanian Independence and up till July 2001 the Civil Code of the Republic of Lithuanian of 1964 was in force in Lithuania and it prohibited self-defence in civil legal relations. After enforcement of new Civil Code a necessity to take a new look upon all civil law and its separate institutions, including the institution of self-defence well known in old Lithuanian civil law and now enforced by the Civil Code of the Republic of Lithuanian, arose.
Author of the article does not seek to represent undeniable position with respect to civil rights protection by own means dividing it into two parts: self-defence and self-help, however, taking into account concepts of self-defence and self-help in other states’ civil laws, he offers to think about better wording of self-defence concept in the Civil Code of the Republic of the Lithuania.
Author of the article does not seek to represent undeniable position with respect to civil rights protection by own means dividing it into two parts: self-defence and self-help, however, taking into account concepts of self-defence and self-help in other states’ civil laws, he offers to think about better wording of self-defence concept in the Civil Code of the Republic of the Lithuania.
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Please see Copyright and Licence Agreement for further details.
