Antstolio procesinių veiksmų apskundimas.
MetadataShow full item record
The Civil Procedure Code of the Republic of Lithuania provides several ways to defend the infringed rights. One of them is to hear the civil case by summary trial. Judicial proceedings of civil cases in summary trial are performed following simplified procedural requirements; the court plays an active role during such procedure, and hearing of such cases usually takes less time than procedure by litigation. Actions of bailiff can be complained using summary proceeding. Procedure of submission of complaints for bailiff’s actions is regulated by articles 510-513 of the Civil Procedure Code of the Republic of Lithuania. Noncomprehensive legal regulation brings a lot of problems to judicial practice. In this article the authors analyse subjects of a plaint for bailiffs actions as well as objects of the plaint. In Lithuania, bailiffs activity is divided into functions that bailiff performs and services that he provides. A bailiff performs his functions executing legal executive documents, by the order of court fixing actual circumstances or passing and handing over documents to persons and entities situated in Lithuania, performing other functions provided in legal acts. A bailiff provides services saving (administrating) property in execution process, fixing actual circumstances in absence of court order, passing and handing over documents to persons and entities situated in Lithuania in absence of court order, providing legal consultancy, selling movable property at pawn at an auction, mediating in execution of obligations. The authors of the article draw the conclusion that only bailiffs actions performed as a function of bailiff can be complained by the procedure provided in the article 510 of the Civil Process Code.
- Articles / Straipsniai