| Abstract [eng] |
Problems of Proof in Civil Procedure Although averment in a civil procedure is strictly regulated by the civil procedure code of the Republic of Lithuania, according to court proceedings, it is obvious that hardly can problems be avoided during the moment of averment. This master work aims at analyzing current and predicting possible averment problems. In line with evaluating causes, reviewing the legal doctrine of the civil procedure code of the Republic of Lithuanian and court proceedings within the framework of norms and rules, some suggestions to improve the current regulation are provided. As far as a detailed analysis of averment in a civil process is concerned, it is significant to evaluate key terms used in the work, thus the first part of the research work deals with definitions related to averment in a civil process. The definition of averment in a civil procedure is examined within the context of averment aim while the definition of proof in the civil procedure is reviewed according to the set requirements. The second part of this work plunges into problems of averment. Moreover, general duties of averment both distribution of theoretical and practical aspects are evaluated. In addition to, court’s possibility to act efficiently while defending a public interest in the case of dispositive lawsuits is analyzed in the context of other norms. The complexity of averment in family and employment cases is also covered. The third part looks into the analysis of circumstances that do not require averments with reference to their complexity in both defining and determining in court proceedings. Some extra attention is drawn to undetermined evaluation of set circumstances in the cases of violating administrative law while proceeding other civil cases. The end of this work summarizes the problems in a civil procedure, final findings and explicit suggestions to improve the current regulations are yielded. |
