| Abstract [eng] |
The master's thesis analyzes the peculiarities of small claims litigation, examining the relevant Article 441 of the CPK and the relevant legal acts of the European Union, various articles, and special literature. Examining this topic of the master's thesis, the peculiarities, and rules of the simplified process of the Institute of Small Disputes in the Lithuanian legal system and in the context of the legal acts of the European Union are revealed. Thus, according to article 441 paragraph 2 of the CPK, the peculiarities of the examination of disputes concerning the award of small amounts are intended to increase the efficiency and effectiveness of the courts by giving the court the right to decide the form and procedure of the case. The work of the court is facilitated by the norm established in paragraph 3 of article 441 of the CPK, according to which the court may list abbreviated reasons. However, it must be emphasized that even in small claims cases, the court's decision must be reasoned. Importantly, the right to a simplified procedure in no way means that the court has the opportunity to pay less attention to establishing the truth in the proceedings. As in any case or type of proceedings, the court must take steps to ensure that all the essential facts of the case are properly clarified. The European Small Claims Procedure is an alternative to national procedures, so a judgment given in this procedure is recognized and enforced in another country of the European Union and cannot be challenged. Of course, unless it is inconsistent with a decision given in another European Union country on the same parties to the dispute. Thus, the European Small Claims Procedure is an EU judicial procedure for civil actions. It is not a substitute for similar national procedures and is therefore an optional alternative, which means that if this procedure can be applied to a specific action, there is usually a national procedure that can be used to deal with that action, whichever the claimant chooses. |
