| Abstract [eng] |
This thesis presents the analysis of the judicial practice of courts in the Republic of Lithuania related to international private law norms. The practice of the norms is specific due to the fact that the collision norm application in the courts of the Republic of Lithuania often means shifting the matter to the other country’s law or the direct application of the international contract norms. The main source used to explore the theme is judgments in civil cases passed by the Lithuanian Supreme Court and the international private law practice in the courts of the Republic of Lithuania which was approved by the Lithuanian Supreme Court Senate. Considering the fact that the practice of Lithuanian courts in this field is spare, the thesis is looking for answers in some of the foreign law applications which arise for courts examining them. The thesis consists of three main parts. The first part is theoretical and describes the international private law itself as a distinctive branch of law. In addition, it speaks about the main features of the international private law as well as its interaction with judicial relations, law acts and their place in the Lithuanian law system. The second part discusses the court practice in the international private law and its norms for distinct institutes in private legal relations. Due to the fact that most litigation in the international carriage of goods is solved by applying the international private law, the third part studies the 1956 Geneva Convention and its significance in the practice of Lithuanian courts. This part concentrates on the conditions of the Convention application, the responsibility of parties who signed a transfer contract and the transporter’s responsibility in particular. |
