Suchergebnisse

The present thesis is devoted to the analysis of collisions of courts' jurisdictions in civil cases involving a foreign element and the analysis of the problems caused by the regulation of law norms confirmed in General International Law, Foreign Law and Lithuanian Law. After becoming an EU member state, the growth of civil contentions involving a foreign element is noticeable in the Republic of Lithuania. According to the author of this thesis, the main task of the thesis is considered to be the evaluation of the right determination institute of civil law jurisdictions importance confirmed by International, Foreign and Lithuanian Law norms regulation as well as the courts' jurisprudence in the common world context. The thesis consists of three different parts. In the first part the author emphasizes the definition of collision of the courts' jurisdiction and the importance of its separate criteria by identification of the qualified court, the recognition of its taken judgments and implementation. After that, national laws of different countries (such as Germany, France, Lithuania, etc.), international (UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, etc.) and the European Union (EU) (Council Regulation 44/2001, etc.) rules of law as well as some legal provisions from the international legal assistance treaties signed by the Republic of Lithuania, that deals with civil cases' involving foreign element, attributability to the particular courts will be described in great detail. The second part reviews the practice of European Court of Justice, Permanent Court of International Justice as well as the courts of Lithuania and foreign countries. With respect to the discussion of this practice and criteria described in the first part of this thesis, the problems causing a great level of inconvenience in the private international law in the 21st century are identified. In the third part the author discusses various ways to solve problems, described in the previous chapter: the ability to incorporate forum non conveniens, lis alibi pendens doctrines into the legal framework of the Republic of Lithuania and possibilities of global and regional unification of legislation in collisions of courts' jurisdictions field. In the last sections of the third chapter the sociological research data concerned with opinions of Lithuanian judges about problems touched upon in the final master thesis are summarized. The analysis of data of this research was performed and the following results were achieved. The hypothesis presented in the introduction was supported as it was revealed the fact that it is not enough to apply only national or international efforts to solve collisions of jurisdictions problems in the civil cases which involves a foreign element. That is to say, all the states and international organisations must collaborate with each other and coordinate their positions among themselves in order to reach this purpose.

The present thesis is devoted to the analysis of collisions of courts' jurisdictions in civil cases involving a foreign element and the analysis of the problems caused by the regulation of law norms confirmed in General International Law, Foreign Law and Lithuanian Law. After becoming an EU member state, the growth of civil contentions involving a foreign element is noticeable in the Republic of Lithuania. According to the author of this thesis, the main task of the thesis is considered to be the evaluation of the right determination institute of civil law jurisdictions importance confirmed by International, Foreign and Lithuanian Law norms regulation as well as the courts' jurisprudence in the common world context. The thesis consists of three different parts. In the first part the author emphasizes the definition of collision of the courts' jurisdiction and the importance of its separate criteria by identification of the qualified court, the recognition of its taken judgments and implementation. After that, national laws of different countries (such as Germany, France, Lithuania, etc.), international (UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, etc.) and the European Union (EU) (Council Regulation 44/2001, etc.) rules of law as well as some legal provisions from the international legal assistance treaties signed by the Republic of Lithuania, that deals with civil cases' involving foreign element, attributability to the particular courts will be described in great detail. The second part reviews the practice of European Court of Justice, Permanent Court of International Justice as well as the courts of Lithuania and foreign countries. With respect to the discussion of this practice and criteria described in the first part of this thesis, the problems causing a great level of inconvenience in the private international law in the 21st century are identified. In the third part the author discusses various ways to solve problems, described in the previous chapter: the ability to incorporate forum non conveniens, lis alibi pendens doctrines into the legal framework of the Republic of Lithuania and possibilities of global and regional unification of legislation in collisions of courts' jurisdictions field. In the last sections of the third chapter the sociological research data concerned with opinions of Lithuanian judges about problems touched upon in the final master thesis are summarized. The analysis of data of this research was performed and the following results were achieved. The hypothesis presented in the introduction was supported as it was revealed the fact that it is not enough to apply only national or international efforts to solve collisions of jurisdictions problems in the civil cases which involves a foreign element. That is to say, all the states and international organisations must collaborate with each other and coordinate their positions among themselves in order to reach this purpose.