Ieškinio senaties taikymas civilinėje atsakomybėje

Abstract

In this paper the author analyzed application of laches in civil responsibility. In the first part of the paper author approach definition of the application of laches and development of this institute in historical perspective; systematical mutation of laches which occurs also in development of the civil law; alternation of state politics – liberalism. In the second part there is analysis of the problematic aspects of application of laches in civil responsibility: since when starts counting of the laches, its rules of stopping, cancellation and their explanation. In the third part of the paper author looks at practise of application of laches in some states of European Union, its development tendencies. Fourth part is very close to the third, because it deals with problems which are about very different politics of application of laches in civil responsibility. Analysis of the application of laches in civil responsibility has showed present situation in European Union – in every state there's separate politics of the application of laches in civil responsibility, rules of the beginning of laches, cancellation and renovation, practise of courts – create opportunity to avoid civil liability using laches. That is one of „under water riffs“ in the common market of the European Union, it makes opportunity for institutions of the European Union to work creating common politics of the application of laches in civil responsibility.