Apeliacijos rūšių įtaka apeliacinės instancijos teismo teisei grąžinti bylą iš naujo nagrinėti pirmosios instancijos teismui

Abstract

Different understanding of the essence of appellate procedure (whether it is rehearing of the case or revision of the lower court's decision) has determined the existence of two main theoretical models of appeal. Those models differ not only on the definition of appellate procedure, but also on the limits of appeal as well as the scope of powers of the appellate court, in particular, the power of appellate court to reverse the case for retrial. In civil procedure of Lithuania, following the amendments of Civil Procedure Code of January 1, 1999, the model of so called limited appeal (where appeal is understood as revision of the judgement) was chosen. However, the dispute concerning the power of appel- late court to reverse the case for retrial still continues. The main disagreement is whether this power of appellate court is strictly exclusive, limited to certain listed cases, or is it simply one of the powers of appellate court, which can be slightly restricted for the purpose of efficiency of a trial. The article deals with interdependence of the power of appellate court to reverse the case for retrial and the model of appeal chosen by the particular state, in order to reveal the scope of this power as it should be in Lithuania. For the reveal of existent impurities and possible solutions the provisions of Civil Procedure Code of Lithuania, practise of the Supreme Court of Lithuania, and changes foreseen in the draft Civil Procedure Code are analysed.