| Abstract [eng] |
In the master’s thesis titled "The issue of essence of the particular proceeding” is being tried to analyse the main features of the particular proceeding in Lithuanian Republic Civil Process Code, the interaction between disputes and particular proceeding, the interaction between those both proceedings, the innovation in the present Civil Process Code, which are related with the regulation of dispute and particular proceeding, to analyze innovation in detail, to exhibit its purport and to give a proof of the fixation of the attitudes in the Lithuanian Civil Process Law. While the present Civil Process Code took effect, the particular proceeding process was reformatted with the choice of the Germanic particular proceeding conception. Having rejected the dispute for law as the main criteria, which deliminates proceeding, in Civil Process Code the attitude is fixed, which prohibits to transfer particular proceeding case to a judge by the dispute proceeding method if the dispute for law (right) arises in it. The main criteria, as the ground of which in Lithuanian Civil Process Law the dispute and particular proceedings are deliminated and the public interest and expediency exist in civil legal regulation. There is consolidated inquisitorial model of particular proceeding with the official, inperative principles, also with the principles of limited publicity and of literal character, which are characteristic to this model. There is also consolidated judge’s active statute, ascertaining the objective truth in the cases of the particular proceeding. In the masters theses was tried to estimate the position of legislator, on the ground of the existing practice of courts in the cases of particular proceeding. Also, the main problems, which arise in cases, related with the ascertainment of fatcts having legal importance, marriage termination and in cases of other categories are discussed. In the master’s theses the proportion between particular proceeding and dispute proceeding is analysed, disclosing the main differences which appear while analyzing the aspects of the process documents, the role of judge and the court and jurisdiction. |
