Suchergebnisse

Enforcement is an integral part of the right to a trial and this right would be illusory if the law of a mandatory system would leave the decision of the Court's failure, to the detriment o fone of the parties. Often stressed that the process does not end the civil court decision. Even then, in some cases, it is necessary to use coercive apparatus of justice. And justice can be fulfilled and to achieve its goal only when it is legally, quickly and effectively enforced court decision. In cases where a decision is not met, the persons for whose benefit the decision may request the decision to compulsorily. Enforcement of Civil Procedure is the final stage, during which implemented the court decision and the creditor and the debtor actually experienced legal and property implications of the court decision. The judgments must strictly comply with the statutory compulsory enforcement procedures to prevent violations of creditors to the debtor and third party rights and legitimate interests. Legal relations in civil proceedings entities for their role in civil proceedings are divided into: a) pursuing justice and ensuring the implementation of judicial decisions, b) participants (those involved in this case and other participants in the process). The first group includes the court, bailiff, court clerk (Rechtspfleger) and other entities engaged in ensuring fairness and justice act - of a judicial decision, order or decision - implementation. The second group includes the parties (the creditor and the debtor), the persons concerned and other persons involved in the process (external, interpreters, experts, etc.). One of the practical problems of implementation of the process - to ensure the creditor and the debtor's rights and obligations of the balance. The legislature shall endeavor not to grant an unfair advantage by either party. In Lithuania there is not plenty of Defending the rights of persons in judicial decisions. Theory identifies such remedies as judgments for targeting urgent appeals on procedural bailiff action or refusal to perform the examination, the enforcement process, the parties and others dispute the claims procedures and recourse to justice enforcement. German civil procedure law enforcement process, the parties and third parties to protect the more isolated forms: 1. Comments on Performance (German Vollstreckungserinnerung, ZPO § 766); 2. Immediate private complaint (German sofortige Beschwerde, ZPO § 793); 3. The debtor's claim to enforcement (German Vollstreckungsabwehrklage, ZPO § 767); 4. Third-party rights action (German Drittwiderschpruchsklage, ZPO § 771); 5. A claim of priority to meet the requirements (German Klage auf vorzugsweise Befriedigung, ZPO § 805); 6. Protection from enforcement (German Antrag auf Vollstreckungsschutz, ZPO § 765a); 7. Rechtspfleger's of Appeals decision in accordance with § 11 RPflG (German Rechtsbehelfe Rechtspflege of the decisions made against it, RPflG § 11); 8. Appeals pursuant to § 71 GBO (German Beschwerde die nach § 71 GBO). Due to the different remedies in Lithuania and Germany would be appropriate to divide them into groups. In our opinion, the clearest criteria for the classification of the two countries highlighted the rights remedies, to execution by the parties and other persons that are not in enforcement proceedings. This means that an individual deals with General creditor's and debtor's and other persons rights of execution methods, separately creditor's remedies, as well as the debtor's remedies of execution.

Enforcement is an integral part of the right to a trial and this right would be illusory if the law of a mandatory system would leave the decision of the Court's failure, to the detriment o fone of the parties. Often stressed that the process does not end the civil court decision. Even then, in some cases, it is necessary to use coercive apparatus of justice. And justice can be fulfilled and to achieve its goal only when it is legally, quickly and effectively enforced court decision. In cases where a decision is not met, the persons for whose benefit the decision may request the decision to compulsorily. Enforcement of Civil Procedure is the final stage, during which implemented the court decision and the creditor and the debtor actually experienced legal and property implications of the court decision. The judgments must strictly comply with the statutory compulsory enforcement procedures to prevent violations of creditors to the debtor and third party rights and legitimate interests. Legal relations in civil proceedings entities for their role in civil proceedings are divided into: a) pursuing justice and ensuring the implementation of judicial decisions, b) participants (those involved in this case and other participants in the process). The first group includes the court, bailiff, court clerk (Rechtspfleger) and other entities engaged in ensuring fairness and justice act - of a judicial decision, order or decision - implementation. The second group includes the parties (the creditor and the debtor), the persons concerned and other persons involved in the process (external, interpreters, experts, etc.). One of the practical problems of implementation of the process - to ensure the creditor and the debtor's rights and obligations of the balance. The legislature shall endeavor not to grant an unfair advantage by either party. In Lithuania there is not plenty of Defending the rights of persons in judicial decisions. Theory identifies such remedies as judgments for targeting urgent appeals on procedural bailiff action or refusal to perform the examination, the enforcement process, the parties and others dispute the claims procedures and recourse to justice enforcement. German civil procedure law enforcement process, the parties and third parties to protect the more isolated forms: 1. Comments on Performance (German Vollstreckungserinnerung, ZPO § 766); 2. Immediate private complaint (German sofortige Beschwerde, ZPO § 793); 3. The debtor's claim to enforcement (German Vollstreckungsabwehrklage, ZPO § 767); 4. Third-party rights action (German Drittwiderschpruchsklage, ZPO § 771); 5. A claim of priority to meet the requirements (German Klage auf vorzugsweise Befriedigung, ZPO § 805); 6. Protection from enforcement (German Antrag auf Vollstreckungsschutz, ZPO § 765a); 7. Rechtspfleger's of Appeals decision in accordance with § 11 RPflG (German Rechtsbehelfe Rechtspflege of the decisions made against it, RPflG § 11); 8. Appeals pursuant to § 71 GBO (German Beschwerde die nach § 71 GBO). Due to the different remedies in Lithuania and Germany would be appropriate to divide them into groups. In our opinion, the clearest criteria for the classification of the two countries highlighted the rights remedies, to execution by the parties and other persons that are not in enforcement proceedings. This means that an individual deals with General creditor's and debtor's and other persons rights of execution methods, separately creditor's remedies, as well as the debtor's remedies of execution.