| Abstract [eng] |
Relationship among the people is becoming more and more liberal: individuals often do not hesitate to look for potential business partners abroad, start a family with foreigner or develop a network of private international relations in other way. As these relations develop and more disputes are pending in court, the need to ensure the claim by application of provisional measures is increasing, as well. Proper regulation of this institute and application in practice is a guarantor of the parties’ rights and legitimate interests. However, as discussed in the paper, the court does not always correctly determine the jurisdiction for provisional measures in proceedings with an international element. After the court gives an order to apply provisional measures in proceedings with international element, difficulties could be met in the procedure of order enforcement. In this context author analyses particularities of provisional measures application in proceedings with international element inter alia disclosing the rules, which shall be followed as regards the quality of territorial jurisdiction. The greatest attention is paid to the analysis under the jurisdiction of the European Union legislation, other international laws, and even in cases where the legal relationship between the State and the interlocutory order is not regulated. The order for provisional measures in proceedings with international element has no legal effect until fulfilled. Therefore, the paper contains detailed analysis of their enforcement procedure in Lithuania and foreign countries. Also there are analyzed the separate types of provisional measures applied in the proceedings with foreign element. In order to reveal the topic author used the rich and as much as possible relevant case law and referred to foreign and Lithuanian authors positions presented in the legal doctrine. |
