Teismo sprendimo teisinė galia.
The legal regulation of the Court's decision is the institution, whose investigation requires rather great attention to the theory of civil procedure. However, a question of the legal power of the Court's decision, as the link between a formal side of Court's decision and it's rnaterial realization, is often left apart. In this way, the bigger part of this article is linked with the investigation of the indication of the legal power of the Court's decision; it's limitations, the meaning in civil procedure. While using the ideas of eminent scientists, the author tries to notice the contradictions in the theoretical conceptions, which define the object of this article. In this article we can see the main characteristics of the legal power of the Court's decision described: obligatoriness, subjectivity, consistence, stability, prejudice. Great attention iš attached to the latter characteristic – prejudice, which is described under the aspect of legal practice. The question of implication of personal rights takes an important position in the paragraph of this article considering the prejudice aspect. An author obviously negates the execution of the Court's decision, as the characteristic of the legal power of the Court's decision. The importance of the legitimate characteristic of the legal power of the Court's decision is declared in an original way. This quality is defined considering the relation with the corresponding law system. In conclusion the author shows the meaning of the legal power of the Court's decision as the form of judicial power and Court's authority in the sphere of regulation of social relations.
- Straipsniai / Articles