Default Judgement as an Effective Means of Ensuring the Principle of the Proceeding Concentration in the New Code of Civil Procedure of the Republic of Lithuania
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Abstract
A nonchalant attitude of the parties towards the court hearing when a defendant or a plaintiff or both of the parties fail to arrive at the sitting makes it possible to delay the case and violate the principle of the proceedings concentration. The Lithuanian law on the civil procedure inherited from the soviet period failed to make an effective resolution of the problem with regard to speeding up the procedure. One of the proposed ways to overcome the mentioned above problem is establishment of an institute that allows passing a judgement in absentia (by default). The present article deals with the legal regulation of this institute by the new Code of Civil Procedure adopted by the Seimas of the Republic of Lithuania on February 28, 2002, focuses on the procedure and basis with regard to passing a judgement by default as well as defines the procedure and basis for filing an appeal and comments on its relations with the key principles of the proceedings.
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Articles
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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.
