Sprendimas už akių: probleminiai taikymo aspektai.

Abstract

In the article there is analysed sufficiency of procedural guarantees to a party, with respect to which default judgement has been delivered. Since a defaulting party because of which the default judgement has been delivered can appeal the judgement neither under appellate, nor under cassation procedure, the expediency of this prohibition, which stipulated in the new Code of Civil Procedure of the Republic of Lithuania, is under investigation. A passive party may use only the special procedure in order to review default judgement, therefore for the most part attention in this article is given to an application to review default judgement. The possibilities to estimate the violations of legal norms of the procedure, made by court of first instance, when delivering the default judgement, are under discussion. In the article there is also analysed the prohibition to file an application concerning the repeated review of the default judgement. By using comparative method and methods of systematic scientific analysis, sources of the latter procedural provision are sought and a doubt is raised if this prohibition is expedient.