Įrodinėjimo Švedijos civiliniame procese bendrieji šaltiniai, bruožai ir principai.
The article analyses the development of the institute of evidence and evidentiary procedure in Swedish Civil Procedure, as well as considers the key sources, features, and principles of evidentiary procedure. Provisions of the Swedish evidentiary procedure are compared with the provisions which have come into effect together with the new Code of Civil Procedure in Lithuania; concise legal assessment of their differences is presented. The main feature of the Swedish Civil Procedure is its social nature, and it is one of the reasons for choosing it as one of the models when drafting and implementing the reform of Civil Procedure in Lithuania in 2003. One of the aims of the reform was transition to the application of theory of social civil procedure, therefore analysis of Swedish Civil Procedure and comparison with provisions of Lithuanian Civil Procedure is of practical importance. The main sources which regulate evidentiary procedure in Sweden are the common law principles, The Fundamental Law (Constitution), the Code of Judicial Procedure, statutes and enactments, international treaties, practice of courts, preparatory works and doctrine, and overriding of them are (in sequence) the acts of positive law, preparatory works and precedent (practice of courts). The preparatory works and published decisions as well as explanations of the Supreme Court of Sweden in case of lacuna in law assume authority of primary source of law. [...].
- Straipsniai / Articles