| Abstract [eng] |
The Master's thesis analyses the principle of dispositivity. The latter is analysed on the basis ofscientific sources and the relevant legal acts and interpretations given in case law. The topic isapproached through the prism of civil procedure. One of the fundamental principles of civilprocedure is the principle of dispositive effect. It is analogous to the principle of dispositive effectin civil law. However, it is not absolute. Limitations to the principle of dispositive effect arenecessary to ensure that the rights of both parties are safeguarded - that neither party is able toabuse its rights, that the public interest - the public interest - is also protected, and that the principlesof good morals are taken into account. The principle of the right to be heard is one of the mostimportant principles of civil procedure and means that the parties to a civil proceeding have theright to participate actively in the proceeding and to shape the course of it.The development, essence and application of the principle of dispositive procedure in civilproceedings are analysed in this work. The limits of the principle of dispositive effect are alsoanalysed from the point of view of legal norms, case-law and international law.By clearlydistinguishing the limits of the principle of dispositive effect, the thesis seeks to provide a deeperanalysis of the latter, and therefore draws on the relevant case-law (contracts of sale and purchase,disputes over property, family law cases). A detailed analysis of the case-law of the Supreme Courtof Lithuania and legal acts reveals the limits of the dispositive principle in civil proceedings. |
