Proceso atnaujinimo santykis su teismo sprendimo kontrolės formomis
Rancaitė, Ramunė |
Driukas, Artūras | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Žalėnienė, Inga | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Driukas, Artūras | Recenzentas / Rewiewer |
Krivka, Egidijus | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Norkus, Rimvydas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Laužikas, Egidijus | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Vėlyvis, Stasys | Darbo gynimo komisijos pirmininkas / Thesis Defence Board Chairman |
Višinskis, Vigintas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
The main purpose of the civil process is to protect interests of people, whose material individual rights or interests, protected under law, are broken or disputed, suitably apply legislation when the court is dealing with civil cases, taking and administering the judgements, also to re-establish the legal orderliness between parties of issue. The right to appeal to the court, when constitutional right or freedom is broken, the most important law of the state – Constitution gives every person. The guarantee of the judiciary defence means personal right to appeal to the court with the complaint, application or statement and court’s duty to consider and judge that complaint and to take legal, trutful and reasoned judgement. Personal rigt to the judiciary defence is realizable in the court of first instantion, of course if the process in the court of first instantion is in accordance with the conditions of the right process. Despite them, the court’s judgement becomes illegal and groundless. So the judiciary defence right should have to involve the right to appeal against the court‘s judgement, which, in personal view, breaks his or her rights and rightful interests, too. In accordance with the state‘s governance subdivision principle, it is established, that just courts could examine the court‘s judgements, eliminate defects from them and correct the mistakes best. So it is very important to create and develop such juridical system of the state, which not just guaranteed personal rights’ defence, but warranted appropriate right’s to the court implementation for person, seeking to renew his or her broken rights, when these rigts are broken in pursuance of justice too. The system of court’s judgements’ control is created that to examine the court’s decisions, the legitimacy and validity. Like different institute in the civil process law, the renewal of process is functioning. It exists practically in all continental law states and is reasoned by necessity to correct the accredited court’s judgements, when some new circumstances came out. The opinion that the renewal of process isn’t the form of court’s judgements’ legitimacy and validity, because it is impossible to break that it isn’t still, dominates in the doctrine of law.