| Abstract [eng] |
Non-Contentious Proceedings: Purpose and Essence SUMMARY The first part of the Master's Thesis “Non-contentious proceedings: purpose and essence” is based on various historical sources. The concept of non-contentious proceedings and its evolution from ancient Roman times to today's problematic issues are analyzed. The regulation of non-contentious proceedings is examined in Lithuanian civil procedure law and in the legal system of foreign states. In the second part of the project, the interaction between non-contentious and contentious proceedings and the main principles of both proceedings are analyzed. Case law is provided and the essential differences and main features of non-contentious and dispute proceedings are written as well. In this part it is emphasized that, in spite of the dispute, such cases can be dealt in non-contentious proceedings too. Therefore, it is pointed out that non-contentious proceedings cannot be considered as only no dispute proceedings. In the third part of the project, the method of cases of non-contentious proceedings is analysed. In this project it is emphasized that there are no two opposing parties - the plaintiff and the defendant, except in exceptional cases provided by law. In addition, the autonomy of non-contentious proceedings was determined by expediency and bigger public interest. The active role of the judge in the non-contentious proceedings‘ cases leads to obligation of court to gather evidence by its own initiative. Therefore, the court is not dependent only on evidence which is gathered by the persons who are involved in the case. In the fourth part of the project, case law and projects which are based to reform the institute of non-contentious proceedings in order to reduce the workload of the courts, are being analyzed. The opinion of various scientists of the significance and examination of non-contentious proceedings is presented. Thus, the purpose of this project is to reveal the aims and significance of non-contentious proceedings in civil procedural law. |
