| Abstract [eng] |
Every person is entitled to judicial protection. Judicial consideration of a civil dispute usually begins by initiation of civil proceedings and ends up with the due enforcement of a court judgment. Consideration of a civil case continues for a certain period of time. Sometimes by reason of defendant's bad faith the due enforcement of a judgment may become difficult or even impossible. For instance, a defendant may assign his property to other persons, conceal it or destroy after becoming aware of legal action instituted against him. The law provides that in case of such risk the court may apply interim measures. The purpose of their application is the due enforcement of a future judgment. Application of interim measures entails placement of certain restrictions on the defendant. Therefore, they shall be applied in accordance with the principles of justice, cost effectiveness and proportionality. Interim measures cannot be applied unreasonably. Real threat for enforcement of a future judgment is a sufficient basis for applying such measures. It is the court that determines as to the existence or otherwise of particular grounds for the application of interim measures in a given case. The court shall consider the plaintiff's application to apply interim measures by means of written procedure. The defendant shall be notified about the consideration of the application. However, in the event of a real threat that such notification may prevent the application of interim measures, the application may be considered without notice to the defendant. The law provides for the right of the plaintiff to apply for interim measures by the date of addressing to court with an action. However, this situation is an exception. In order to maintain the balance of interests of the plaintiff and the defendant, the legislature provides for remedies available to the defendant: the court may require that the plaintiff secures the compensation of loss that may be possibly incurred by the defendant by reason of application of interim measures; a defendant is entitled to appeal against a court order ordering the application of interim measures; a defendant may apply for the annulment of an interim measure after having paid the required amount in the court's special account or after property mortgage or provision of a surety agreement. A court order ordering the application of interim measures shall take effect from the moment of its adoption and shall be subject to immediate enforcement. The order is subject to appeal, however, lodging of a specific complaint shall not suspend the enforcement of that order. Lithuanian courts may also apply interim measures in case a dispute between the parties is subject to the jurisdiction of a foreign court or arbitration tribunal. |
