| Abstract [eng] |
Party’s Duty to Take Care of the Encouragement Process and Legal Consequences of Failure to Comply with It Party's duty to provide encouragement of the process occupies an important place in the system of civil proceedings, since namely this duty provides the court with a wider range of opportunities to ensure prevention of abuse of proceedings and this facilitates smooth and expeditious proceedings by the court. The afore-mentioned duty of the party derives from the principles of concentration and economy of proceedings and the principle of cooperation. Namely on the basis of the afore-mentioned principles the parties are obliged to cooperate with each other and with the court, properly fulfil their procedural duties and exercise their procedural rights in good faith; thus, seeking to ensure smooth and expeditious hearing of cases. The first part of the Master thesis explores the concept of the duty of the party to provide encouragement of the process and the place of the duty in the system of civil proceedings. The second part of the Master thesis examines the content of the afore-mentioned duty, the ratio of the duty of the party to have regard to fostering of proceedings to the principles of cooperation and economy and concentration of proceedings. Furthermore, the second part of the Master thesis deals with the behaviour contrary to the said duty, i.e. abuse of proceedings and effectiveness of combat measures aimed at preventing abuse of proceedings and disciplining the party acting in bad faith. The third part of the Master thesis analyses the peculiarities of the said duty of the party in separate categories of lawsuits, i.e. class action lawsuits, public procurement lawsuits and disputes over low amounts. This Master thesis was prepared on the basis of the legal acts of the Republic of Lithuania and international legal acts, research papers in the field of law of civil proceedings of the Republic of Lithuania and foreign countries. The thesis does not shrink from mentioning observations, criticism and recommendations which would allow combating against unfair procedural practices and facilitating the progress of civil proceedings. |
