Vykdymo procesas: asmenų teisių ir pareigų balansas

Abstract

This book is dedicated to enforcement proceedings which are the fundamental part of legal defence. It is also an integral part of the right to a fair trial. Without effective enforcement mechanisms the modern legal system would be illusionary and the rule of law would not be ensured. Since the self-defence of civil rights is strictly limited in the modern society, the state has the duty to establish mechanisms of enforcement which provide effective legal remedies and a fair balance of interests of the participants in these proceedings. The analysis of enforcement proceedings in this book begins with the assessment of the role of enforcement proceedings in the legal system. There are a couple of theories of enforcement proceedings. One theory says that enforcement is an independent legal system, another claims that it is a part of civil proceedings. Also, there a third theory which suggests that enforcement is a part of public law. Though all theories have certain arguments, the authors of this book argue that enforcement in Lithuania is a part of civil proceedings and could be reasonably regarded as “the last stage of civil proceedings”. The also authors focus on the analysis of sources of enforcement proceedings.