Materialiosios tiesos nustatymas - kaip viena iš proceso atnaujinimo funkcijų.
Procedure renovation institute in the civil procedure law is not new. The retrial of the case on the basis established in the law was known in Lithuania already in the period between the wars. But the procedure retrial was established as a separate institute only by Law on the Amendment and Supplement to the Civil Procedure Code of the Republic of Lithuania that came into effect on 1 January 1999. Even though the institute of procedure renovation is not new, it has not undergone an exhaustive analysis and exploration in the Lithuanian civil procedure law science. It should be indicated, that there is also no abundant literature. Therefore, according to the author, the discussion on the process renovation is relevant and significant. The article provides a short review of the procedure renovation development in the Lithuanian civil procedure law, the determination of tangible truth as a process renovation function is revealed applying historical, systemic and comparative methods, procedure renovation and reversal as court decision (court ruling) legitimacy and validity control forms, restriction problems are analyzed.
- Straipsniai / Articles