| Abstract [eng] |
Decision in absentia This master thesis analyses the concept of the institute of decision in absentia and the historical development in Lithuania, evaluates the latest 2017 July 1 peculiarities of legal regulation, their practical interpretation, application in the practice of Lithuanian courts and legal doctrine. The institute of decision in absentia is researched and compared in the legal regulations established in Estonia, Germany and the United Kingdom distinguishing similarities (wide scope, establishment of a true model of decision in absentia, proper information of the party) and differences (annulment of decision in absentia, second decision in absentia). This type of court decision ensures the smooth course of the proceedings, prevents the parties from delaying the proceedings and abusing their rights, creates legal preconditions in civil proceedings for protection of the rights and legitimate interests of the party to the proceedings, implementation of the principles of disposition and concentration. A detailed analysis of the selected topic leads to conclusions that during the COVID-19 pandemic, in the case of a remote hearing, the passivity of the party may also manifest itself in the non-connection to the videoconferencing program (e.g. ZOOM) at the appointed time and one of the conditions - proper information of the party - remains a sensitive problem, which is addressed and evaluated in a wide variety of ways in Lithuanian case law. In addition, the use of fiction for the service of procedural documents leads to the fact that the 3-month limitation period for the renewal of decision in absentia cannot begin to run. |
