Civil Procedure Code at Lithuania
Lithuania's civil litigation is primarily governed by the Civil Procedure Code (Civilinio proceso kodeksas), which outlines the procedures for civil disputes within the Lithuanian legal system.
📘 Structure of the Civil Procedure Code
The Civil Procedure Code is organized into several parts, each addressing different aspects of civil proceedings:
General Provisions: This section covers fundamental principles such as party capacity, legal representation, and procedural costs.
Proceedings Before the Court of First Instance: Details the steps from the initiation of a lawsuit to the delivery of a judgment, including pleadings, hearings, and evidence presentation.
Appeals and Extraordinary Remedies: Outlines the processes for appealing decisions and seeking extraordinary legal remedies.
Special Proceedings: Addresses specific types of cases, including family law matters, small claims, and enforcement procedures.
Arbitration: Regulates arbitration proceedings, including the formation of arbitral tribunals, jurisdiction, and the recognition and enforcement of arbitral awards.
🏛️ Court Structure
Lithuania's civil court system comprises three levels:
District Courts: Handle most civil cases, including disputes over property, contracts, and personal rights.
Regional Courts: Serve as appellate courts for decisions made by District Courts.
Supreme Court: The highest appellate court, ensuring uniform application of the law across the country.
Decisions from the Supreme Court can be appealed to the State Court (Staatsgerichtshof), but only on grounds of violations of fundamental rights or rights guaranteed by the European Convention on Human Rights.
📄 Key Features of the Civil Procedure Code
Orality and Immediacy: Proceedings are conducted orally, with judges having direct access to the parties and evidence.
Equality of Parties: Both parties have equal rights to present their case and challenge the opposing party's arguments.
Publicity: Court hearings are generally open to the public, ensuring transparency.
Free Evaluation of Evidence: Judges assess evidence based on its credibility and relevance, without strict adherence to formal rules of evidence.
Arbitration: Parties have the option to resolve disputes through arbitration, governed by the provisions in the Civil Procedure Code.
🌐 Accessing the Civil Procedure Code
The full text of the Civil Procedure Code is available in Lithuanian. For English-speaking individuals, legal professionals, or researchers, translations and commentaries may be available through legal databases or academic institutions specializing in European or comparative law.
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