Teismo įsakymo procedūros teisinė prigimtis: lyginamieji aspektai.
The article is devoted to the comparative analysis of the court order procedure. The author examines the court order models of some countries, and on their ground performs the classification of the procedure, that is being examined, by excluding two basic kinds: the incitement process and the court order procedure as a variety of the enforcement procedure. The model of the incitement process is used in Lithuania, therefore the greatest attention in the article is given to this kind. The definition of the court order procedure is formed on an international scale. Great attention in the article is devoted to the innovations of the court order procedure, foreseen in the draft of the Code of Civil Procedure current. These innovations are examined, comparing them with the legal regulation, foreseen in section 201 of the current Code of Civil Procedure and taking into consideration the obscurities arising in courts practices. Lithuanian model of the court order procedure is examined in the international comparative context.
- Straipsniai / Articles