| Abstract [eng] |
The subject matter of this research is abuse of procedural rights and its consequences in the civil justice system. Based on the detailed analysis of the theoretical framework of the notion of abuse of rights, the author develops the concept of abuse of procedural rights in Lithuania’s civil procedure law and explores basic features of it. The author proposes to define abuse of procedural right as a specific procedural offence, where while exercising procedural right, either intentionally or by gross negligence, objectively seeking the goals which are incompatible with its purpose, one violates the boundaries of lawful conduct defined by the conditions of implementation of procedural right, thus inflicting an unjustified harm to the public interests in efficient system of justice and (or) to other participants of the case. The research also provides from the practical point of view significant analysis of procedural issues related to the application of legal liability measures for abuse (a fine and award of damages; article 95 of the Civil Procedure Code) and provides recommendations and solutions for various debatable issues and problems arising in this sphere. It is argued that a claim for reimbursement of damages, incurred due to the abuse of civil procedure (Article 95, paragraph 1 of the CPC), is first of all of substantive nature. The author also proposes to introduce into Lithuania’s civil procedure a private fine that shall be awarded (if requested) in favour of an aggrieved (by abuse) person. The dissertation also provides concrete suggestions on amending and improving current legislation on the procedural abuse. |
