| Abstract [eng] |
Non-contentious Proceedings: Purpose and Essence. This master thesis reviews the evolution of non-contentious proceedings in Lithuanian civil procedure law. It is analyzing the change of the meaning of non-contentious proceedings. Following the civil procedure code, civil code the meaning of alteration of articles is analyzing. The non-contentious proceedings is dissociating from contentious proceedings in order to emphasize its peculiarity. There are specific cases in the non-contentious proceedings where are no parties with different requirements and arguments. The case begins with an application received from declarant. The main attention is dedicated to prompt and just investigation of a case. In relation thereto, some of the cases are investigating in verbal procedure. In the non-contentious proceedings the human interest protection is very important, e.g. in some of the cases people cannot express they will. According to that this person has to have a lawyer in the court. There are also deadlines for the court to make a decision in some of the cases. Also in the adoption cases confidentiality have to be protected. The non-contentious proceedings is a separate legal procedure which uses common civil procedure rules as well as specific rules for non-contentious proceedings. The civil procedure in non-contentious proceedings is based on official, imperative, active trial and other principles. It allows to describe the on-contentious proceedings not as the part of contentious proceedings but as separate legal procedure which is different from contentious proceedings. |
