Kai kurie civilinių teisių gynimo mechanizmo atspindžiai Lietuvos teisėje XXI amžiuje.
On the st of January 2003 the new Code of Civil Procedure of Lithuania (CPC) came into force. Knowing that CPC was drafted during relatively short time, it seems not so surprising that some mistakes and shortcomings were not avoided. Those indeed were revealed when applying the mentioned complex instrument of procedural law in practice. Some provisions of the CPC have even already faced, and unfortunately not always successfully, the test of the conformity to the national Constitution. It seems that the best appraiser of the legal act is time, which fixates the empirical observations of legal practitioners and scholars. Today, after some time has already passed since the CPC came into force, it becomes possible to discuss the shortcomings of the CPC that were already noticed in practice, to propose possible ways of elimination of those shortcomings, as well as to predict some general tendencies of the future evaluation of the civil procedural law of Lithuania. While drafting and adopting the CPC, it was often underlined, that the drafters of the CPC had chosen the conception of social civil procedure, which is displayed by the aim to disclose the real circumstances of a legal dispute and to establish the material truth. Today it has to be acknowledged that while implementing the reform of civil procedure and aiming to prevent the procedural delays, which were quite common when applying the provisions of the former CPC, adopted in 1964, it was gone to one extreme to the other. [...]
- Straipsniai / Articles