Kai kurios teisės kreiptis į teismą bendrosios sąlygos.
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The article is devoted to the analysis of conditions of the right to apply to court. Possibility of judicial protection and the right to apply to court is interconnected with certain legal conditions that in the doctrine of civil procedural law are usually called preconditions to apply to court and conditions of proper realisation of the right to apply to court. Classification of the conditions of the right to apply to court was firstly analysed and reasoned already in 1969. However, when analysing conditions of the right to apply to court, it was never tried to answer which of the mentioned conditions are general, applicable to both types of civil proceedings (contentious and non-contentious), and which are special, applicable only to the one of the mentioned types of proceedings. The legislator in turn has also intercepted such a resumptive attitude. The mentioned position of the legislator and merely general references in the legal doctrine about the possibility to apply rules of contentious proceedings to non-contentious proceedings is unable to solve all the uncertainty and arising practical problems. Although comprehensive and exhaustive analysis of all the conditions of the right to apply to court would be undoubtedly valuable and purposeful, limited volume of this article makes this task impossible. Thus the authors of the article confine themselves to the analysis of several of the mentioned conditions (general conditions of the right to apply to court). Analysis of the conditions of the right to apply to court that are not covered by this article is left for the subject of forthcoming articles. Referring to the aims of the legislator, doctrine of civil procedural law and practice of the Supreme Court of Lithuania, the authors try to disclose the essence of some of the general conditions of the right to apply to court as well as influence of those conditions on the right to judicial protection and possibility of further hearing of a case.
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