Užsienio teismų sprendimų pripažinimas Lietuvos Respublikoje

Abstract

RECOGNITION OF FOREIGN COURTS’ DECISIONS AND JUDGMENTS IN THE REPUBLIC OF LITHUANIA Recognition of foreign courts’ decisions and judgments is one of the institutions of international civil procedure. Each court's decision and judgment has not feature of exterritoriality that is why it only is valid in the territory of the court's residence. Having a purpose to enforce another country’s court’s decision and judgment in the Republic of Lithuania, it is essential it to be recognized by a competent judicial authority in Lithuania, i.e. the Court of Appeal. Legal grounds for recognition of foreign courts’ decisions and judgments considering the country where the court resides are: 1. recognition under the bilateral agreement on legal assistance; 2. recognition under the provisions of multilateral agreements; 3. recognition under the provisions of the Code of Civil Procedure of the Republic of Lithuania; 4. recognition of the courts’ of Member States’ of the European Union decisions and judgments. The procedure of the recognition of foreign court’s decisions and judgments means that national court can not re-examine the facts of the case, their validity and legitimacy. Hence, during the procedure of the recognition the court verifies if there are circumstances to refuse to recognize foreign court’s decision and judgment in our country. Therefore, it is more importantly to respect legal grounds to refuse to recognize court’s decision and judgment, such as: inconsistence with public order guaranteed by Lithuanian Constitution, absence of the party infringing the principle of proper informing, infringing the rules of exceptional jurisdiction and other.