Viešosios tvarkos pažeidimas kaip užsienio teismų sprendimų nepripažinimo pagrindas Lietuvos teismų praktikoje
Abstract
This article analyzes public order as a ground for the non-recognition of
foreign court judgments in the case-law of Lithuanian courts. Violation of public order
is often used by the parties to challenge the recognition of foreign court judgments.
Firstly, the authors seek to reveal the content of public order as a ground for the
non-recognition of foreign court judgments. The concept of public policy must be interpreted narrowly, thus ensuring the effectiveness of the process of the recognition and
enforcement of foreign judgments and equality of parties.
Secondly, the authors raise a debatable question regarding the validity of Lithuanian
case law interpreting international treaties concluded between the Republic of
Lithuania and other states, as far as it is related to public order as grounds for the
non-recognition of foreign judgments. The authors analyze whether these international
treaties concluded more than two decades ago are still compatible with the current
international standards.
Thirdly, this article presents the development of the application of the public policy
clause in separate areas of legal relations. Violations of public order are linked to fundamental
principles of law and human rights. Such case law is justified and meets the
requirements of a narrow interpretation of public order. The courts have found violations
of public policy in cases when the child was not heard in person by the court in
family cases. Also, courts have found violations of public policy in certain commercial
disputes.
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