Kasacija Lietuvos, Latvijos ir Estijos civiliniame procese

Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Lietuvių kalba / Lithuanian
Kasacija Lietuvos, Latvijos ir Estijos civiliniame procese
Alternative Title:
Cassation in Lithuanian, Latvian and Estonian civil procedure
In the Journal:
Justitia. 2006, Nr. 4, p. 26-31, 117
Civilinis procesas; Kasacija; Lietuvos ir Estijos padėtis; Teismo procesas; Viešasis interesas.
Cassation; Civil procedure; Civil process; Court proceedings; Latvia and Estonia the situation; The public interest.
Summary / Abstract:

ENWith reference to the essence of cassation in the civil procedure, the law doctrine emphasises two aspects: 1) by this procedure, administration of justice in a concrete case between concrete parties is ensured (private purpose of the cassation procedure); 2) the public interest, as expressed in the insurance of unified application and interpretation of law in courts, is realised. It should be noted that approximately since the 1980s, namely the latter aim has been acknowledged in the doctrine as principal, and it has since been increasingly turning into a single aim due to the fact that with the caseload in supreme national courts constantly increasing, the number of persons able to satisfy the highest requirements applicable to the judges of the courts of cassation is quite limited. The immense caseload creates an increased risk of the emergence of differences in court practice, therefore the right of filing a cassation appeal is usually limited. One of the essential criteria for such l i mitation is the importance of the legal issue being submitted before the Supreme Court viewed both in respect of the interpretation of law and the formation of a unified court practice. This limitation is essentially expressed through the approach that "only the legal issues of fundamental importance" are to be heard in the cassation procedure. Such aggrandizement of the "public" function of cassation turns it into a both exclusive and at the same time extraordinary form of control over the legitimacy of judicial decisions.The more so that it is namely in the event of cassation that a res judicata judgement, one of the aspects of which is the feature that an adjudicated issue cannot be relitigated, is being challenged. The author argues that only the treatment of this form as extraordinary can ensure a proper implementation of the "public" function. The article gives an overview of the relevant situation in Lithuania, Latvia and Estonia. [Text from author]

2017-07-11 11:26:18
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