PROBLEMATIC ASPECTS OF THE CREATION OF CASE LAW IN THE APPLICATION OF INTERIM MEASURES IN CIVIL PROCEDURE

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PDF (Lithuanian)
Published Jul 18, 2023
DOI: https://doi.org/10.13165/JUR-23-30-1-06

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Artur Doržinkevič

Abstract

This article examines the issue of the creation of case law in regard to
interim measures in civil proceedings. Taking into account the rules for the formation
of court precedents, the author assesses how court precedents are created by applying interim measures. The article draws attention to the peculiarities of the court system of
Lithuania in the formation of court practice regarding interim measures. It is emphasized that, at this moment, there is no single institution in the Lithuanian legal system
that forms the final case law on issues of interim measures, and on certain issues the
case law is contradictory. The article also analyzes the right of the cassation court to
create case law on interim measures. Lastly, the author offers suggestions on how to
solve the issues discussed.

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Issue
Vol. 30 No. 1 (2023): Jurisprudence
Section
Articles
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