Naujai paaiškėjusios aplinkybės kaip proceso atnaujinimo civilinėje byloje pagrindas.
MetadataShow full item record
The article deals with one basis of the renewal of the proceedings in the civil case– the essence of newly disclosed circumstances, their conception, attributes that are established in the legal doctrine of Lithuania, legal regulation and case law.The author expresses his attitude towards the identifying attributes of newly disclosed circumstances while generalizing these attributes as conditions and analyzing each of them at length. The article reveals the case law examples which illustrate that it is not always easy to determine whether the circumstances are considered to be newly disclosed and provide the basis of the renewal of the proceedings of the closed case or it is nevertheless true that a particular circumstance does not satisfy all the requirements. Having conducted the analysis, the conclusion is to be made that newly disclosed circumstances are considered to be legal facts comprising the matter of proof in the case which were present while trying the case in the court of first instance. However, they were known neither to the declarant nor the court that tried the case, and about which the declarant found out just when the case was decided and due to which the final act of the court may be altered or vacated. Newly disclosed circumstances differ from the majority of bases related to the renewal of the proceedings on the grounds of circumstances (factual), the moment of their occurrence (while trying the case essentially) and the fact itself that these circumstances are established and legally evaluated by the court. In order for the circumstance to stand as newly disclosed and provide the basis of the renewal of the proceedings, it has to correspond to the conditions due to existence and finding out in time, and it is also supposed to have crucial influence on the end of the closed case (the condition related to correlation and essence due to the case). The moments of the existence and finding out in time of newly disclosed circumstances cannot coincide: there should be a circumstance existing while trying the case essentially and it is possible to find out about it just after the case is decided. The condition regarding correlation and essence reveals a close relationship with the conclusions drawn in the case.
- Articles / Straipsniai