| Abstract [eng] |
The master's thesis analyzes the peculiarities of non-contentitous cases, assessing both the significant provisions of legal acts, the assessments and positions provided by legal scholars in doctrine, and the interpretations provided in case law. This topic is most revealed through the comparison of the principles of dispute and special proceedings, the analysis of general and special norms of non-contentious proceedings. Examining this topic of the master 's thesis, it is revealed that non-contentious jurisdiction peculiarities are exclusive procedure for hearing cases, the peculiarities of which are determined by ensuring the public interest, and effective protection of civil substantive and subjective law and the necessity of its implementation. The paper presents the concept and essence of non-contentious proceedings, the aspects of the separation of non-contentious proceedings from the dispute law and the historical development of this law and the principles of this law. The general and special peculiarities of non-contentious cases, which are revealed in legal norms and interpretations provided by courts, are also examined. The paper also compares the Lithuanian non-contentious jurisdiction system with the Austrian and French non-contentious jurisdiction systems. Summarizing the peculiarities of non-contentious proceedings, it is clarified that the peculiarities of special cases help to simplify the procedure of non-contentious cases, and the provided specificity helps to ensure the smooth and efficient implementation of the objectives set for special cases. The general rules of law apply to the handling of cases, but the specific features of non-contentious proceedings are taken into account. |
