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.