| Abstract [eng] |
The Principle of Free Evaluation of Evidence in Civil Procedure Law This Master‘s thesis analyzes the nature, importance, realization and qualities of the principle of free evaluation of evidence in the Code of Civil Procedure of the Republic of Lithuania. All parts of thesis cover not only Lithuanian but also the examples, similarities and differences of foreign legal doctrine and case law. The first part of thesis together with the analysis of the content and nature of the principle of free evaluation of evidence emphasizes the importance of conception of evidence and aims of averment in the civil procedure. Moreover, it describes the development and separate types of the examined object. In the second and third parts of thesis, the author pays attention to the development of judge’s inner conviction, its realization and restrictions on the principle of free evaluation of evidence. According to the adopted model of civil procedure in a country, the author presents his conclusion that the principle of balance of probabilities must comply with the adopted model of civil procedure. It emphasizes that the motivation of the court’s decisions is a component and important part of the principle of free evaluation of evidence, herewith stating the drawbacks of this institute in the context of the Code of Civil Procedure of the Republic of Lithuania and case law. The most attention in thesis is paid to restrictions on the principle of free evaluation of evidence and the importance to its realization. It describes the relation of preliminary rules of evaluation of evidence and circumstances, which are considered indemonstrable with the examined principle. In comparative perspective, it compares a pre-stipulated power of evidence with the regulation in foreign countries and makes a conclusion noticing a correlation of two different theories of evaluation of evidence in the civil procedure of Lithuania. |
