Proceso civilinėje byloje prielaidos ir sąlygos
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Research object of the thesis – the concept and the content of the right to judicial protection. Premises and conditions of the process in a civil case. The understanding of the content of the right to judicial protection is not only practically and theoretically useful, but also necessary, so the first chapter of the thesis is very relevant. The content of the right to judicial protection is being analyzed in Chapter One of the thesis. The aim of the chapter is to determine whether a right of appeal, a right of cassation and the right of enforcement of a final court decision are the component parts of a right to judicial protection. In other parts of the thesis the relevance of the issues under consideration stem from the fact that in the civil procedural law doctrine the right to judicial protection, the right to access justice has long been analyzed only in the claim proceedings examining the concepts of a civil claim, right to a civil claim and right to claim. However such analysis did not include special proceedings and expressed only description of the right to judicial protection and the right to access justice with regard to claim proceedings. Though the majority of civil cases is being heard through the claim proceedings and namely the claim proceedings are the basis of the whole process, whereas the special proceedings stipulate only the exceptions from the rules of claim proceedings, this does not give the ground to distance from the special proceedings or give less attention to them. The named reasons encouraged the author to analyse the chosen topic of the thesis integrally, considering both proceedings of civil process, also peculiarities of hearing the individual categories of cases. Therefore the premises of the right to access justice and the conditions of the proper implementation of such right (which are associated with the start of the civil case) are being analysed in this thesis presenting legal arguments that indicate, which of the premises and conditions of the righ to access justice affect the process of both claim and special proceeding cases, which of them affect only start of some of the claim and special proceeding cases, which of them affect all claim and only some of the special proceeding cases, as well, which of them affect only some of the special proceeding cases.