Protection of public interest in Lithuanian, Latvian and Estonian civil procedure

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Mokslo publikacijos / Scientific publications
Document Type:
Knygų dalys / Parts of the books
Language:
Anglų kalba / English
Title:
Protection of public interest in Lithuanian, Latvian and Estonian civil procedure
Summary / Abstract:

ENIt is a general knowledge that the principles of dispositiveness and contending are corner stones of civil procedure. The particular presence of these principles helps ensuring proper protection of person's substantive rights or interests protected by laws and person's principle of autonomy as one of the most important issue in private law. These principles provide a possibility to draw a boundary and establish proper balance of forces between the "all-power ful" state and person's substantive rights. In other words, these are very important person's rights to define state's, which acts in civil procedure through courts, activity boundaries and to ensure that having opened the autonomy "door" of private legal relationships in any specific case it would not be „broken out". First of all, it can be secured by parties' prerogative right to define the boundaries of dispute under investigation, decide whether to go to court or not, whether to conclude a peace treaty or not, etc. On the other hand, it is necessary to admit that civil process is not as simple as black and white. Here we have a lot of tints, and one of them can be called as an assurance of public interest by civil procedural legal means.

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https://www.lituanistika.lt/content/30272
Updated:
2026-05-04 16:35:24
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