Šeimos bylų nagrinėjimas ypatingosios teisenos tvarka

Abstract

When the Law of the approval, going into effect and implementation of the civil code came into force on the first of January in 2002 there was ordained the exclusive proceeding (non-dispute proceeding). There is no dispute between the parties in this type of the cases. So such cases are considered more operative, economically, without big emotional discomfort as an example there is no stamp-duty in the process of divorce and i. e. One group of cases which are considered in exclusive proceeding is family‘s cases which are exclusive not only for the reason that there are no disputes between the parties, but and for the reason that family is the biggest worth as it is the background of all society according to the Constitution of the Republic of Lithuania. So the State must keep the goodness of family, it����s members. Unfortunately, all exertions of the State are not so successful as the wish was -many people do not understand the worth of the family. So today the situation is that number of divorces is growing, some parents lose rights of parenthood, so their children are put out to the foster homes where they are waiting for the opportunity to be adopted and i. e. Moreover, law seeking to protect the most vulnerable family‘s members – children, demands to get the court‘s order to perform some operations related with the family‘s relations. So no-fault divorce, divorcement by one‘s application, adoption and court‘s order to do various legal actions are one of the most important and usually founded cases in the group family‘s cases which are considered in exclusive proceeding. Due to this in this research there is set a task to make the particular theoretical and practical analysis, to show the most important points of proceeding and the main lacks and blanks, to draw the main conclusions and to give the offers how to improve the provisions of family‘s cases exclusive proceeding family‘s cases exclusive proceeding.