Procesinės sprendimo įvykdymo garantijos iki teismo sprendimo paskelbimo

Abstract

There are a lot of contradictory opinions concerning the meaning of legal remedies to guarantee the execution of a court’s decision in the case of civil process in the theory of law. The real execution of a court’s future decision is dependent on the above-mentioned remedies to guarantee the execution of court’s decision or guarantee to the claim. Many theorists of law accept the direct connection between the above-mentioned remedies and the meaning of court’s decision in civil relations. The article is based on the conceptions of well-known law theorists: P. Zavorotko, S. Kuriljev, D. Chechot and others concerning this question. The appearance of a court’s decision in the theory of law is interpreted as the result of the personal interest in relation with the personal striving of certain actual results. Guarantees of the execution of the court’s decision are defined as the guarantees of the protection of material interest of the plaintiff, which manifest themselves as limitations of the rights of the defendant.
Also, a variety of above–mentioned remedies, legal basements, are analysed in the article. A great attention is paid to the personal opinion of the judge as the main condition for application of particular remedy. The question of legal regulation of the abolition of these remedies is estimated in a critical way.
In conclusion it is emphasized that the maintenance of claims, motive, property conditions of the defender and other consequences must be the main substantiation for the judge to decide the aiming of particular remedy to guarantee the execution of the court’s decision.