| Abstract [eng] |
In author‘s view, the most relevant issues of litigation costs institute are being analyzed in the master thesis. A large degree of importance is taken on the practice of the Supreme Court of Lithuania. Also, decisions of judicial bodies of the European Union and research performed by foreign authors are being used in the work. The whole work consists of three main structural parts. For the sake of clarity of the most important doctrinal aspects of litigation costs institute, which will be needed later in the course of issues’ analysis of litigation costs and their compensation, theoretical fundamentals of litigation costs institute are being discussed in the beginning of the first part. After discussing the types of litigation costs thereby the analysis of the most relevant issues is provided. At first, the question is raised whether the court fees are necessary, later it is being analyzed and assessed the issue of the amount of this fee. In the analysis of the amount of court fees a large degree of importance is taken on the Law on Amending the Civil Procedure Code of the Republic of Lithuania, which will enter into force from 1 July 2017 and which will raise the amounts of court fees. Further it is being discussed the most problematic costs related with the hearing of a case – other indispensable and reasonable costs. The practice of the Supreme Court of Lithuania and the Law on Amending the Civil Procedure Code are being analyzed as much as it is related with other indispensable and reasonable costs, their issues. In the second part of the work the issue of compensation of litigation costs is analyzed. At first the reader is briefly introduced with the main rules of litigation costs compensation existing in the world, advantages and disadvantages of theirs are being discussed. Further the legal regulation in Lithuania is presented and assessed, also the proposals to improve the legal regulation are provided. In the end of the second part the supplement issue of Article 95(3) of Civil Procedure Code is being raised and analyzed. In the third part of the work it is being analyzed, under the author’s view, the most relevant practice of the Supreme Court of Lithuania as regards litigation costs – compensation of fees for the assistance of lawyer or lawyer assistant. Together it is being analyzed the related decision of the Court of Justice of the European Union in the case of United Video Properties Inc. v. Telenet NV. The final part ends with the analysis of relevant practice of Supreme Court of Lithuania as regards the compensation of litigation costs in case of a claim adjustment. Conclusions and proposals in order to improve the legal regulation of litigation costs are provided in the end of the work. |
