| Abstract [eng] |
This master‘s thesis analyses renewal of the process, when the essential circumstances of the case, which were not and could not be known to the applicant at the time of the civil case, are newly revealed by examining the relevant legislation, the legal doctrine and the case-law. The first part of the thesis analyses the development of the renewal of the process in Lithuania in the period of the XX-XXI centuries, as with the change of historical circumstances and the change of the political system, the regulation of the renewal of proceedings has changed. The purpose and objectives of the renewal of the process are also examined in the same part. It shows that the renewal of the process is a unique institute for reviewing judgments of courts which have already become final, based on the grounds laid down by law. The second part of the thesis provides a brief overview of the renewal of the process in the continental and common law traditions. In addition to outlining the main differences between the two legal traditions, this part also provides a brief overview of the renewal of the process and its grounds in Austria, Germany, and the United States of America. The third part of the thesis comprehensively examines the newly discovered circumstance int the light of Lithuanian and Austrian context. This part reveals that in order for a court to recognise a circumstance as newly discovered, the elements developed in case law must be present. Attention is also drawn not only to the limits and peculiarities of the examination of an application for the reopening of proceedings, but also to the terms for the submission of such an application, since the possibility of reviewing the case is limited to the maximum extent possible to avoid abuse of process. Yet, the main issue in this part is the application and identification of newly discovered circumstances. The analysis of a newly discovered circumstance in both countries is based on the newness and the essentiality of the circumstance. The main problem arises in the assessment of the legal facts. |
