Opportunism in civil litigation: diverse viewpoints on self-interest in interim relief

Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Knygos dalis / Part of the book
Language:
Anglų kalba / English
Title:
Opportunism in civil litigation: diverse viewpoints on self-interest in interim relief
Keywords:
LT
Teisininkai / Legal profession.
Summary / Abstract:

LTReikšminiai žodžiai: Teisė; ES teisė; Konstitucinė teisė; Administracinė teisė; Asmens duomenys; Tautinis tapatumas; Law; EU law; European Union; Lithuania; Constitutional law; Administrative law; Personal data; National identity; Europos Sąjunga (European Union).

ENOpportunistic nature of civil litigation and private law institute on the whole is familiar. The idea given is that the party in civil litigation always tries to advance his or her personal interests and therefore benefits from technically legal but unkind and undesirable behaviour. The analysis is carried out using the instrument of interim relief and several opposite aspects of it: (a) a party abuses legal rules to insist on an injunction even if the injunction would suggest a ‘grossly disproportionate hardship on the other party’1; (b) a party manipulates legal rules to deny necessity for interim measures. The purpose of this discussion is not to demonstrate the dilemma of damages-versus-injunctions, but rather evaluate the effect of subjective self-interest seeking on the legal balance of the parties’ position in civil litigation. The hypothesis worth exploring is that there are certain niches where opportunism can find a place as a legal, economic, ethical and psychological phenomenon and all these niches can be used either for or against the legal good. It varies from the ability of a judge to make a reasonable decision to the economic morality and confidence of trade society. The research therefore will be concentrated on how purely opportunistic motivation of the parties can be identified in the area of civil litigation and how to prevent it affecting parties’ right to due process. Keywords: civil litigation, interim relief, opportunism, judge. [From the publication]

ISBN:
9786094593048
Subject:
Permalink:
https://www.lituanistika.lt/content/93296
Updated:
2022-10-25 22:19:00
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