| Abstract [eng] |
„Process Update on Newly Discovered Circumstances in Civil Procedure“ Master's work on „Process Update on Newly Discovered Circumstances in Civil Procedure“ is detailed and full examination of one of the nine process grounds on which it is possible to apply for renewal of the process in a civil case. The aim of the paper is to analyze the regulation on the process update on newly discovered circumstances of the Lithuanian national legislation as well as the practice of the Supreme Court of Lithuania, to represent systematic analysis of this institute, identifying the tendencies and practical problems in its application. General issues are beeing analyzed in the first and in the second part of the paper. The aim of the first part is to reveal the matter of the process of renewal of the Institute. This part emphasizes the exclusivity of the process, and a fair administration of justice (in the broad sense) as a priority goal. In the second part the matter of the process of renewal is disclosed by separating the Institute of process renewal from other forms of court judgments control. The third part widely analyses the update of the process on newly discovered circumstances in the civil procedure. First of all, in this part the updating of the process on newly discovered circumstances is beeing compared with other grounds of process updating. Secondly, the doctrine and decisions of the courts are analyzed as much as they are related to practical problems in application of mentioned ground. Legal doctrine highlights the issue of broadening of process updating grounds and, more specifically, including the ground when Constitutional Court of the Republic of Lithuania declares that law applied in a specific case is in conflict with the Constitution of the Republic of Lithuania. Finally, the paper analyses case-law problems of process update on newly discovered circumstances in the civil procedure. The analysis of the case-law is divided into to parts: the first section is being devoted to a newly discovered circumstances in civil procedure and the second part to a circumstances which are not newly discovered. From the analysis it also appears that courts tend to expand the concept of newly discovered circumstances, on the basis of the purpose and goal of process update. |
