Bylų dėl daikto valdymo pažeidimų nagrinėjimo ypatumai.
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An institute of the civil procedure – the peculiarities in the adjudication of cases of violation of possession of things – exists in the Lithuanian legal system since 1 January 2003, when the new Code of Civil Procedure of the Republic of Lithuania came into force. Prior to the mentioned date, such a form of procedure was unknown to Lithuania. This conditions the fact that there is still a gap of legal research in the field. The authors, by invoking the systemic analysis of the provisions of the Civil Code and the Code of Civil Procedure of the Republic of Lithuania, and comparing the latter with the civil law and the law of civil process of the other European countries, seek to reveal the reasons for the necessity to anticipate in the civil procedure special rules of a summary character for the defence of possession of things, analyse the indications, which denote the differences between the adjudication of cases of violation of possession of things and the general contentious proceedings. The analysis provides a deeper look into causes which condition such peculiarities. The article outlines the common characteristics of the peculiarities of adjudicating cases concerning violations of the possession of things, discusses the relation between such a form of procedure and the other forms of the defence of civil rights and interests. It is pointed out that the existence of the peculiarities of adjudication of cases of violations of possession is justified and, at the same time, their essence is revealed by the fact that the process of defending possession, has an aim of eliminating the violations of possession, but not of settling the dispute over the legal status of a thing in general.
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