| Abstract [eng] |
This master thesis provides analysis on the concept and origins of the court’s decision on the plea of the claim, also which and how principles of civil procedure law are implemented by this institute, how this institute is applied in Lithuanian case law. Additionally, conditions under which court’s decision on the plea of a claim may be applied in cases. Court’s decision’s on the plea of a claim institute is unique because it is intended solely to ensure the economy and speed of the process. Main problem of the institute is that the court’s decision’s of the plea on a claim institute adaptation to this date is exceptionally narrow and there is little or even no doctrinal or practical analysis of the institute. The master thesis is divided into four parts – the first one reviewing the concept of a court decision on the plea of a claim, separating from the court’s partial decision and comparatively reviewing the legislation of Lithuania and foreign countries with a goal to identify the origins of the institute, second one reviewing how and which principles of civil procedure law are implemented by the institute, third one reviewing the application of the institute in Lithuania’s case law and in the last – fourth one identifying conditions which must be established by the courts of Lithuania with a view to adopt decision on adaptation of the court’s decision on the plea of a claim, additionally reviewing additional identifiable conditions in civil liability cases. |
