Profesorius E. Vaskovskis apie civilinio proceso tikslus ir principus

Direct Link:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Lietuvių kalba / Lithuanian
Profesorius E. Vaskovskis apie civilinio proceso tikslus ir principus
Alternative Title:
Professor E. Waskowski: the objectives and principles of civil procedure
In the Journal:
Teisė. 2017, t. 102, p. 7-15
Civilinis procesas.
Summary / Abstract:

ENProfessor E. Waskowski was beyond any doubt one of the most famous legal scholars in the turn of 19th century, concentrating his career on civil procedure. Russian, Ukrainian, Polish and Lithuanian academics all proudly claim Prof. E. Waskowski to be a part of their community. Professor started his academic career in Odesa, Ukraine and continued it in many different places, including the Law Faculty of Vilnius University (Steponas Batoras University at a time), where he was working and giving lectures from 1924 till 1939. The article analyses the doctrine of the objectives and main principles of civil procedure established by prof. E. Waskowski. The uniqueness of his doctrine arises from the fact that being a representative of liberal school of civil procedure, he was (nearly) the first one in the Russian Empire to recognise and accept some of the main ideas of Austrian origin doctrine that civil procedure as well fulfils a social function. According to the Professor, judges should not become passive observers of the process and have to take active steps and be able to give binding instructions to the parties in order for substantive truth to be revealed. Moreover, Prof. E. Waskowski recognised some of the problems arising from adversarial procedure, identified by the author of the Austrian ZPO, F. Klein. He was as well the first one to envisage the principle of concentration in civil procedure. The ideas of prof. E. Waskowski have made a huge impact on Lithuanian legal tradition during the interwar years. His works were frequently quoted in V. Mačys handbook on civil procedure (published in 1926), which was the sole handbook on this topic at that time. Moreover, the amendments of the Law on Civil Justice in 1933 reflect professor’s concept of a judge who has a possibility to give binding instructions to the parties.Despite the fact that more than half a century had passed, prof. E. Waskowski doctrine was still relevant in Lithuania after regaining independence in 1990. In the light of changing economic and political circumstances there was an urging need to transform Lithuanian legal system, including civil procedure, and little knowledge on how it can be done. Therefore, prof. E. Waskowski ideas were taken as a prototype of civil procedure model based on classical legal principles. Conclusion can be made that Prof. E. Waskowski legal doctrine was clearly one of the most modern and innovative ideas in the Russian Empire on the verge of the 19th century. It has as well played a significant role in Lithuanian jurisprudence during the interwar years and has substantially affected the decision making process during the reform of Lithuanian civil procedure after regaining independence. [From the publication]

1392-1274; 2424-6050
2019-12-06 14:59:43
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