| Abstract [eng] |
Application of Legal Principles in the Practice of Lithuanian Courts In Master thesis it is analyzed how the legal principles manifests in the different categories of cases. It is revealed how the principles of the law manifest themselves in accordance with the category of case that they are applied in. The first part of Master thesis begins with the reveal of the concept of the legal principles itself along with the analysis of the types of legal principles. The main aim is to reveal what kind of problems exist when the legal principles are divided into types. The relation between legal principles and legal norms, functions of legal principles and their importance are also analyzed. The second part of the Master thesis analyzes the principles of law and their application in different categories of cases. It is analyzed how the general principles of law appear and in what cases they are applied and how it is done. Each section of the second part reveals the trends in the application of general principles of law and the principles of the specific branch of law. The significance of this part is that the imperfection of the application of the principles of law is revealed. Furthermore, the cases of Supreme Courts of Lithuania are analyzed in which the legal principles were applied in order to solve issues. The third part of the Master thesis briefly summarizes what were analyzed in the second part of the Master thesis. The trends of application of legal principles are compared with different categories of cases. It is concluded that the application of the general principles of law differs greatly in each category of cases. The application of legal principles that are applied only in specific branch is applied with clear rules in each category of cases. |
