Lukošiūnaitė, Inga - Magistro baigiamojo darbo autorius
Terebeiza, Žilvinas - Magistro baigiamojo darbo vadovas
Driukas, Artūras - Magistro baigiamojo darbo recenzentas
Stauskienė, Egidija - Magistro baigiamojo darbo vertinimo komisijos pirmininkas
Driukas, Artūras - Magistro baigiamojo darbo vertinimo komisijos narys
Laužikas, Egidijus - Magistro baigiamojo darbo vertinimo komisijos narys
Meilius, Kazimieras - Magistro baigiamojo darbo vertinimo komisijos narys
Višinskis, Vigintas - Magistro baigiamojo darbo vertinimo komisijos narys
Mykolo Romerio universitetas - Mokslinį laipsnį teikianti institucija
The aim to restore legal peace between the ligitation parties as soon as possible, which is established in the Code of Civil Procedure of Republic of Lithuania, concerns which the none the less significant duty of the trial to investigate the case justly. Consequently, in every civil case must be seeking for not even identify the truth, but to investigate civil case as short as possible as well. Therefore, we meet the necessity to implement parallely both principles of civil procedure – justice and expedition. Paradoxical, but hottest debates are due to opportunities to harmonize these principles. Question – what could be the interaction of principles of civil procedure of expedition and justice in present jurisprudence of civil procedure is especially relevant and „sharp“.
In this work it is selected to analyze the conception of principles of expedition and justice in civil procedure, the interface, balance and reasonable harmonisation opportunities of these principles in the chosen stages of civil procedure and separate summary processes. In contribution of this research will be trying to answer the asked questions – must the principle of expedition to serve to finding the truth, is it possible the balance and reasonable coordination of these principles, may be and how may be resolved the interaction problem of discussed principles. There are no literature on following topics and questions, either no accomplished scientific researches in Lithuania on such questions. Therefore, this research is important not even for the jurisprudence of civil procedure, but also for judicial practice, while investigating the civil cases and applying the respective rules of Code of Civil Procedure of Republic of Lithuania.
The first and second parts of the work are basically theoretical. In these parts are produced – variety of the principle‘s conceptions, meaning of the principles, interaction aspects of the described principles, given basing on the law doctrine and search for opportunity of the principles balance. The third and fourth parts are more concretized, i.e. the interaction and opportunity of balance and reasonable harmonisation of the principles of expedition and justice is evaluated in separate stages of proceeding and separate summary procedures, identifying the failings (laxity) in the existing legal regulation and the problems of practical use.
Raktažodžiai: principle of expedition, principle of justice, relation of principles