Įrodinejimo pareiga ir dalykas civiliniame pocese

Abstract

SUMMARY Subsantial questions of legal regulation of burden of proof and the matter of proof in civil procedure are being discussed in this master‘s writing. The work deals both with disclosing the legal regulation of burden of proof and the matter of proof in actual civil procedure, and analyzing the main theoretical and practical aspects of these questions in more details. The structure of this work enables to reveal the essence of this theme. The work consists of two parts. Whereas from the begining of the civil procedure, first of all, it is important to define which facts are disputed in the particular civil case, therefore the first part of this work deals with revealing the legal regulation of matter of proof. The legitimate and right court judgement can be taken only if all factual circumstances of a case are established. In every civil case the court must be „on the balance of probabilities“ that the alleged facts exist. The first part of this work deals with the conceptions of matter of proof in civil procedure. Also analyze the theoretical and practical significance of establishing the factual circumstances in particular civil case. The further chapters of the first part reveals the essence of each group of the facts, which can be asserting in civil cases. As we already know the facts in dispute on an issue raised between the parties, the second important practical step - to allocate the burden of proof. The second part of this work reveals the conceptions of burden of proof in civil procedure, displays the main principles and rules, which helps to allocate the burden of proof between the parties, as well as encompasses the occasions when the parties of the civil case are released from the prooving the certain facts. Furthermore, the second part of this work reveals the role of the court in averment process. The research of the legal regulation of burden of proof and the matter of proof in civil procedure are based on the analysis of the laws of civil procedure, theoretical material and, moreover, on the practice of the Supreme Court of Lithuania.