Teisės apžvalga / Law Review 2011, nr. 1(7)

Permanent URI for this collection

Browse

Recent Submissions

Now showing 1 - 5 of 6
  • Publication
    Ar nėra pažeidžiamos sąžiningo įgijėjo teisės, kai CK 4.96 straipsnyje numatytais atvejais iš jo galima išreikalauti turtą, buvusį negaliojančio sandorio dalyku?
    [Doesn‘t art. 4.96 of the Civil Code of Lithuania presuppose the violation of the rights of an acquirer in good faith in the cases of vindication of property that was an object of the transaction that is annulled?]
    research article
    Teisės apžvalga = Law review [elektroninis išteklius]. Kaunas : Vytauto Didžiojo universiteto leidykla, 2011, nr. 1(7), p. 65-112
    The legal guarantees for the protection of the rights of an acquirer in good faith are an important issue in the most of the civil law countries. It is also a permanent object of debates among the theorists of law in foreign countries. In Lithuania, however, the issue is almost never discussed. The persistent relevance of the problem is determined by the two guarantees, essential for every society. Firstly, each person is concerned about the security and protection of ownership right. Secondly, the social welfare requires a reliable and effective economic conditions and the direct application of the principle of the protection of ownership right makes those conditions backward. This is the reason for the conflict of two values and each legal system deals with it individually, favoring one of the two and protecting one better than the other. The article 4.96 of the Civil Code of the Republic of Lithuania guarantees only limited protection of the rights of an acquirer in good faith as it points out the circumstances when a thing can be vindicated in all cases. This research aims at finding out whether the legal regulation of the article 4.96 of the Civil Code of the Republic of Lithuania does not violate the rights of an acquirer in good faith in the indicated cases of vindication of a thing.[...]
      402  237
  • Publication
    Ar LR CPK įtvirtintas kasacijos ribojimas taikant turtinį kriterijų nepažeidžia asmenų lygybės prieš įstatymą ir teismą bei teisės į teisingą teismą principų?
    [Whether the restriction of cassation due to the amount of claim as established by the Lithuanian Code of Civil Procedure violates the principle of equality before law and court and the right to fair trial?]
    research article
    Teisės apžvalga = Law review [elektroninis išteklius]. Kaunas : Vytauto Didžiojo universiteto leidykla, 2011, nr. 1(7), p. 33-64
    The right to a fair trial is one of the most fundamental and important civil rights respected in democratic society. It is accepted that dissatisfied party is entitled to have their case reviewed by a higher court. The highest court is concerned only with the final review of the case. Its jurisdiction is restricted to questions of law. The Supreme Court is established to ensure the correct application of the law and to preserve its uniformity. The purpose of cassation is to ensure public confidence in the administration of justice, to clarify and develop law. Lithuanian Code of Civil Procedure established statutory limitations upon jurisdiction of the Supreme Court in cases not exceeding the required minimum amount, i.e. 5 000 Lt. The objective of this research is to establish whether this restriction does not violate the principle of equality before law and court and the right to fair trial. [...]
      267  148
  • Publication
    E-vekselis
    [E-note]
    research article
    Teisės apžvalga = Law review [elektroninis išteklius]. Kaunas : Vytauto Didžiojo universiteto leidykla, 2011, nr. 1(7), p. 13-32
    Author analyses the use of the promissory note signed by electronic signature (e-note) in the process of small claims management. Due to 2008 economic crisis, the number of overdue receivables, especially small amount ones significantly increased. The most common and often - the quickest way to the recovery is the process of the court order issuance. Most of the creditors, in order to get the receivingorder document, use the process of the court order. However, this type of process may not always be the effective way to achieve the desired goal in the small claim recovery procedure. Sometimes the costs of recovery exceed the amount of the receivable itself. In addition, the application for a court order issuance may be rejected simply because it does not comply with very strict and formal requirements. In the field of small claims management, one option to avoid the formalities of the court order is to use the promissory note. However, the issue of the signature obligation arises. The contract parties are able to use various forms of electronic signature, but Lithuanian legislation does not clearly define type of the electronic signature that shall or can be used for e-notes. On the other hand, the Electronic Signature Act of Lithuanian Republic gives wide scope of the use of electronic signature – you can choose from a contractual to a qualified electronic signature. The field of small claims management will inevitably change by adopting new approaches of resolving small claim issues. Because of simplicity of e-note it has the potential to become one of the most popular instruments in the field of the small claims management.
      278  156
  • Publication
    Understanding and application of principle non bis in idem in the European Court of Human Rights and Lithuanian jurisprudence
    [Principo "non bis in idem" samprata ir taikymas Europos žmogaus teisių teismo ir Lietuvos jurisprudencijoje]
    research article
    Teisės apžvalga = Law review [elektroninis išteklius]. Kaunas : Vytauto Didžiojo universiteto leidykla, 2011, nr. 1(7), p. 5-12
    The article covers the scientific and legal analysis of the internationally recognized principle non bis in idem – its meaning and application in cases when in practice two branches of law – administrative and criminal law are applied for one offence. The scientific analysis is based on the research and the newest tendencies in the European Court of Human Rights jurisprudence, the overview of the practice of the Supreme Court of Lithuania and the Supreme Administrative Court of Lithuania.
      150  197