| Abstract [eng] |
Court Activity Ex Officio This master's thesis analyses the court's activity ex officio in civil procedure law and practice. An analysis of the legislature and case law in the context of active court is performed. The first part of this work is aimed at revealing the concept of court activity ex officio, analysing the role of the court in different models of civil law, as well as presenting the analysis of the historical development of the role of the court in civil proceedings in the Republic of Lithuania. This section raises problematic issues, taking into account the different views of the authors, on the limitation of the basic principles of civil law (adversarial and dispositive). The problem of court bias in the presence of an active court is raised and the active role of the court in the public interest is investigated. The second and third parts of the work focus on the answer to the main question of the topic - what specific activity is the activity of the court ex officio and when does the law empower the court to act actively. The second part of this work is devoted to the examination of court activity ex officio in the procedural sense. It examines the court's powers to be active in both dispositive and non-dispositive cases. The content, specifics, limits of court powers in the procedural sense are revealed, as well as the cases in which the court must be active and in which other issues are not theoretically and practically. The third part examines the active role of the court in civil proceedings from a material point of view. The main focus is on exceeding the claims and exceeding the limits of the appeal not only in the courts of first instance, but also in the courts of appeal and cassation. The most relevant case law is presented. |
