Title Teismingumas, taikytina teisė ir įrodinėjimas civilinėse bylose dėl neleistino informacijos skelbimo internete: galimybės ir problemos /
Translation of Title Judicial jurisdiction, applicable law, and burden of proof in civil cases related to unallowable posting of information on the internet: opportunities and problems.
Authors Stankevič, Andžej
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Pages 303
Keywords [eng] Jurisdiction to adjudicate ; choice of law ; evidence ; proving
Abstract [eng] Three problems have been researched in the dissertation. The first two which fall into the category of International Private Law are the assertion of judicial jurisdiction and choice of applicable law in civil cases with a foreign element, which are related to unallowable posting on the Internet, and third one is the burden of proof which falls into the scope of Civil Procedure Law. Many fundamental and open-ended issues of the mentioned fields have been investigated in seeking to solve the tasks of the dissertation. Moreover, plenty of general problems in jurisprudence are integrally related and make it necessary to go deeper into them as well. Additionally, the same problems appear in the various fields mentioned, determining the comprehensive analysis. As a result, a dense web of problems and opportunities emerged out of the blue. The general and special methods were used simultaneously, making certain of the completeness of the research, ultimately revealing all three problems analyzed in the dissertation, thus ensuring the reliability of the outcomes. The usual legal research methods, like systematic, comparative or historical, are combined with the more seldomly used algorithmic or formalistic methods. The original and new results are as follows: four concepts and two proposals; a forecast regarding the flexibility of the rules of judicial jurisdiction and choice of law; a remote court process; a 3-D model of theories of applicable law; a matrix type classification of the evidence; a four-prong classification of the problems of proving the facts; conclusions.
Type Doctoral thesis
Language Lithuanian
Publication date 2012