Antstolis kaip civilinio proceso teisės subjektas

Abstract

Execution process is a significant part of civil process that helps to assure the legal peace between the parties of civil conflict as well as the stability of legal relations in the society. In this master thesis the rights and duties of a bailiff are analysed at the same time as comparing the legal regulation of this sphere in Lithuania and other countries. Possibilities to improve the regulation affecting procedural activities of a bailiff in Lithuania are considered on the basis of analysis. This work is started by analysing the relation between the process of execution and the civil one. It is done by reviewing the analysis of stages and principles of the civil process made by scientists as well as investigating whether the legal regulation of the execution process are found in the Codes of Civil Procedure or in the separate legal acts. The conclusion is done that the execution process is part of a civil one. The trends of harmonisation of the execution process in the world and separately in the European Union are also considered. The analysis of the rights and duties of a bailiff, his activities in the separate stages of the execution process takes the main part of this work. The procedural rights and duties of a bailiff while enforcing the monetary and non- monetary claims are discussed separately. The analysis of activities of a bailiff while enforcing monetary claims begins with the review of the stage of initiating a case of compulsory execution. This is done by considering the types of writs of execution and the time when the decision to be enforced can not be appealed any more. In this part of work the extent of rights given to a bailiff in different countries so he could find the property of a debtor is discussed: the right of a bailiff to demand that the debtor would dispose his assets as well as the right to demand it from the registers and third persons. In the further analysis the actions of a bailiff while enforcing the monetary claims are divided into two groups: recovery directed against the property of a debtor and recovery directed against his income. In the first group the rights and duties of a bailiff to seize, evaluate and determine the status of a debtor’s property as well as to sell it are discussed. In the second group it is considered against which income recovery can or can not be directed. The investigation of activities of a bailiff while carrying out a compulsory execution of non-monetary claims is started by reviewing the types of non-monetary claims. It is continued by a study of his procedural rights and duties while delivering the articles set out in a writ of execution, processing the eviction of persons and enforcing the decisions by which the debtor is obliged to stop or carry out certain activities. In the last part of this master thesis the rights and duties of a bailiff in the stage of staying, suspending and termination of a case of execution are analysed as well as a review of the forms of the procedural control of a bailiff is given.