Title |
Garso įrašo leistinumas Lietuvos civiliniame procese ir arbitraže / |
Translation of Title |
The admissibility of an audio recording in Lithuanian civil procedure and arbitration. |
Authors |
Bartkus, Jurgis |
DOI |
10.15388/Teise.2021.120.3 |
Full Text |
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Is Part of |
Teisė.. Vilnius : Vilniaus universiteto leidykla. 2021, t. 120, p. 36-48.. ISSN 1392-1274. eISSN 2424-6050 |
Keywords [eng] |
civil procedure ; arbitration ; admissibility of audio recording ; evidence |
Abstract [eng] |
This article analyzes the issues related to the admissibility of audio recordings in Lithuanian civil proceedings and arbitration. The study critically evaluates the statutory law, case law and legal doctrine related to the admissibility of audio recordings. The study reveals that the case law of the Supreme Court of the Republic of Lithuania on the admissibility of audio recordings has to be improved on the application of the criteria of admissibility of audio recordings and on the protection of privacy. Meanwhile in Lithuanian arbitration law, it is suggested to waive the arbitration court’s discretion to decide on the possible approaches to the admissibility of an illegally made audio recording and to follow the view that an illegally made audio recording is per se inadmissible. |
Published |
Vilnius : Vilniaus universiteto leidykla |
Type |
Journal article |
Language |
Lithuanian |
Publication date |
2021 |
CC license |
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