| Abstract [eng] |
In this work the application of institution of representation in civil law to the practice of Lithuanian courts is analysed. Therefore the following matters are analysed: the conception of the institution of representation; the application of regulation of conflict of interests in practice of Lithuanian courts of the person who is represented, the third person and a representative; the representative taking action in the name of the represented having no right to do that or exceeding the rights given; the application of regulation of arranged deals in the practice of Lithuanian courts; the application of institution of representation in such cases where the deals of warrant distribution made by mistake or deception were in question as well as the application of law standard regulating commercial representing in the practice of Lithuanian courts. Much attention is drawn to the defense of interests of the represented and an honest third person in court while applying law standards regulating legal relations of representing. Law standards regulating representation in civil process are ascribed to different branches of the institution of representation combining standards of several branches. Therefore the application of institution of representation in civil process in the practice of Lithuanian courts is not analysed in this work. The work is based on Constitution of the Republic of Lithuania, Civil Code of the Republic of Lithuania and other legal deeds, the practice of Lithuanian courts formed on the grounds of institution of representation in civil law, monographs, scientific articles printed in Lithuanian press, comments on legal deeds and textbooks. |
