| Abstract [eng] |
The issues concerning the application of the interim measures in the Lithuanian Court practice are discussed in this paper. First of all, it should be noted that the proper application of this institution is especially important as the proper application of the interim measures is held to be an integrate part of one of the most important human right – the right of a fair trial – the right established in the European Human rights Convention and in the Constitution of the Lithuanian Republic. So the object of this work was to analyse interim measures of protection, which do not permit the course of justice to be frustrated by a defendant taking action, the purpose of which is to render nugatory or less effective any judgement or order which plaintiff may obtain. The purpose and the aims of the interim measures application are shortly discussed in the paper, for the purpose of disclosing these issues the definitions formulated by the practice of Lithuanian courts is used. The author seeks to discuss a principle of economic interim measures which was established by the doctrine and was widely developed by the practice of Lithuanian courts. Author declares a considerable part of this paper on discussing the issues which, under the opinion of the author, are still very relevant and which are approached in ambiguity by the doctrine and the Lithuanian court practice. Firstly, the issue of a large claim amounts which are held as presuming a threat for a decision to be implemented is discussed. Quite a considerable part of the paper is devoted for discussing the civil liability institution, the particularities of indemnification on damages and the bond of the civil liability institution with the abuse of the procedural rights institution in the respect to the application of interim measures. The third issue discussed briefer is concerning the duty of the court to establish weather there is any material legal relationship between the parties of the dispute, although, it seems in Lithuania such discussions are held only in theory at the time being. Finally, the issue of the relation between the application of interim measures and trying of the case is brought to the attention. By using the practice of the Lithuanian courts the author tries to illustrate when and how an application of interim measures in the hands of the unfair claimant might become a kind of pressure instrument towards the respondent. When approaching all of the upper-mentioned issues the numerous and as up to date as possible practice of the Lithuanian Court of Appeals and the practice of Lithuanian Supreme Court was used by the author. |
