| Abstract [eng] |
This paper presents an analysis of the regulation of the institute of third parties in Lithuania and Western Europe. Problematic aspects of the application of regulation are analyzed taking into account the established case law of Lithuanian courts. To properly define the status of third parties, the rights and obligations of third parties as well as the procedure and grounds for intervening in the proceedings are discussed. The paper examines each type of third-party institute separately: third parties who make independent claims and third parties who do not make independent claims. It outlines the main features that help to distinguish third parties from other persons involved in the case. The conducted analysis shows that the institute of third parties established in the Lithuanian system of civil procedure does not lag behind the general tendencies according to the international rules, but it would be valuable to integrate certain rules, such as consultation with third parties into the Lithuanian civil procedure process system. The analysis of national law and case law also shows the crucial duty of the court to properly identify the connection between the rights and obligations of a third party and the case, as well as the need for the court to follow the principle of dispositivity when involving a third party in independent proceedings. Finally, the case law of the courts helps to identify the fact that a rule which imposes a need on a third party who does not make an independent claim to choose the party on whose side to act in the proceedings is not practicable. It should also be noted that the rules established by the Court of Cassation to ensure the concentrated and economical operation of the proceedings may in some cases complicate the work of the courts. |
