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Vosylis, Egidijus. "Teisės kreiptis į teismą klausimai Lietuvos teismų ir Europos žmogaus teisių teismo praktikoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20081203_204204-50046.
Pełny tekst źródłaSUMMARY The right to apply to court and private ownership are the main human rights that are defended by Convention for the Protection of Human Rights and Fundamental Freedoms. The civil code and civil procedure code of the Republic of Lithuania consolidates the principle of priority of international law over national law. When Lithuania ratified the Convention for the Protection of Human Rights and Fundamental Freedoms, it became the part of national law system that is why Lithuanian courts should interpret and apply national law in the context of this Convention, and in the case of collision between national law and the provisions of Constitutions give priority to the attitudes of Convention. This conclusion is undoubtedly inspired by the 135 article of the Constitution, which firms that the Republic of Lithuania shall follow the universally recognised principles and norms of international law. And one of them is the supremacy of international law over national law. Therefore solving questions related with the persons right to apply to court foremost must quote the 1 part of the 30 article of the Constitution of the Republic of Lithuania, the attitudes of the Convention for the Protection of Human Rights and Fundamental Freedoms and practice of the European Court of Human Rights which is very important because expansively interprets the attitudes of the Convention for the Protection of Human Rights and Fundamental Freedoms. Exactly the European Court of Human Rights and... [to full text]
Semeškaitė, Inga. "Europos Žmogaus Teisių Teismo praktikos įtaka šiuolaikinei civilinio proceso teisei". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20060310_102427-31936.
Pełny tekst źródłaMickevičiūtė, Sandra. "Homoseksualių asmenų teisės Europos Žmogaus Teisių Teismo jurisprudencijoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20120124_135732-40025.
Pełny tekst źródłaHomosexuality – sexual orientation which is the opposite of heterosexuality because it is characterized as sexual desire for persons of the same sex. That is why a society often acknowledges it like a deviation from norms and this may sometimes result as an act of discrimination. The Master’s thesis analyses the tendency of the Jurisprudence of the European Court of Human Rights which is related to abolishing the criminalisation of private homosexual relations. It is important because of defending the right to privacy of homosexuals. The Court speaks against criminal prosecution on the ground of sexual orientation and finds that Member States of the Council of Europe should recognize and protect the rights of homosexual persons. Today the discussions about the right to the same-sex marriage are becoming louder and louder. The thesis attempts to ascertain whether the cohabitation of homosexuals falls in the ambit of a family life according to the European Court of Human Rights as well as whether the Member States of the European Convention on Human Rights have a positive obligation to ensure the right to marry for the same-sex couples. Furthermore, the institute of a registered partnership is an alternative form for legalizing homosexual relationships. Thus, it is necessary to identify whether the Court puts an obligation to the Member States to make that opportunity for the same-sex couples in the national legal systems. The right of adoption of homosexuals is a highly... [to full text]
Oleškevič, Jolanta. "Nacionalinių teismų teisė ir pareiga kreiptis į Europos Teisingumo Teismą". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070102_153632-80775.
Pełny tekst źródłaThe title of the thesis is “The Right and Obligation of the National Courts to Apply to the European Court of Justice”. The thesis consists of introduction, four parts, conclusions and suggestions. The work includes the analysis of the problematic aspects related to the right and obligation to apply for the preliminary ruling. The main attention is paid to the analysis of the relation between the cases of appeal to the ECJ and the protection of a person’s right arising from the Community. The author of the work refers to the scientific works of Lithuanian and foreign authors, conference material, the jurisprudence of the ECJ.
Žilytė, Birutė. "Apeliacinės instancijos teismo teisė grąžinti bylą iš naujo nagrinėti pirmosios instancijos teismui". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2005. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2004~D_20050603_100952-41619.
Pełny tekst źródłaUmbrasas, Arūnas. "Konstitucinio Teismo jurisprudencijos įtaka bendrosios kompetencijos teismų ir administracinių teismų praktikai". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20101125_183251-23823.
Pełny tekst źródłaConstitutional law is the supreme law, which is developed via jurisprudence of a Constitutional Court. No act of legislation may contradict the Constitution, nobody is allowed to break the law of Constitution, constitutional law and order must be protected and the Constitution itself determines if acts of legislation contradict the Constitution or not. Disregard to the mentioned requirements is considered breaking a constitutional principle of a legal state. Purpose of the Constitutional Court is to execute constitutional justice, guarantee superiority of Constitution in the system of law and ensure constitutional legitimacy. The Constitutional Court must obey the final laws of it’s own. Final laws shackle the Constitutional Court by not allowing it to change the laws if there is no constitutional reason to do so. Accordingly, the Constitutional Court ensures continuation of the constitutional jurisprudence and predictability of it’s decisions, therefore sustaining stability of whole law system. Constitutional jurisprudence, formed by the Constitutional Court, determines the constitutional justice and legitimacy in a decisions and laws made by courts. Justice pursuit function determines independence of a judge and a court: courts must ensure justice and order, guarantee superiority of law and protect human freedom and rights. Purpose of the court instance system is to solve possible mistakes of lower instance courts, prevent breaking the law and therefore protect rights and... [to full text]
Jasaitis, Donatas. "Nuosavybės teisių apsauga pagal Europos Žmogaus Teisių Teismo praktiką". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2009~D_20140623_192110-78804.
Pełny tekst źródłaHuman rights are one of the most vital grounds of nowadays mankind and therefore, needs to be protected properly. The 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms provides protection for human rights in the European level. The protection of property rights is taking place in this paper so the first Article of the First protocol is being analysed. The paper analyses the authentic object of the property right, which is situated in the 1 st. Article of the First protocol. The search of the criterion, which could help to put particular asset into the category of “possession”, is being made. In order to understand the protection of property rights better, the general conception of property rights is analysed in this paper by comparing continental and common law systems. Further in the paper, the property rights protection mechanism provided in the 1 st. Article of the First protocol is being analysed. The Court stated that the above-mentioned article lays three distinct rules of property rights protection: deprivation rule, property control and other interference with property rights. Every single rule and its justifying conditions are discussed in the paper. The justifying conditions laid down in the First protocol Article 1 are analysed together with the conditions provided by the case-law of the Court. The research is mainly based on the most “popular“ judgements, which created the case-law of the Court and atrracted the attention of law... [to full text]
Stanišauskaitė, Asta. "Tarptautinės teisės reikšmė nacionalinei baudžiamajai teisei". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20081203_204209-88942.
Pełny tekst źródłaAnalysis of this Master’s Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master’s Paper concludes that implementation of the... [to full text]
Dumašiutė, Ignė. "Teisės principų taikymas Lietuvos teismų praktikoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20090908_194056-37888.
Pełny tekst źródłaPrinciples of law are main guiding ideas that represent the whole essence and meaning of the legal system. Court cases must be tried according to the principles of law, but also legal acts should be passed, collisions of legal norms can be settled and gaps of legislation can be filled according to the principles of law. Legal norms should also be explained in the way that they would correspond to the spirit of the principles of law. The occurrence of particular functions of the principles of law in the jurisprudence and the interaction of separate principles of law is analyzed in this master’s paper, therefore this analysis is relevant not only the jurisprudence, but to the legal doctrine as well. In consideration of the theme of this master thesis, jurisprudence is analyzed mostly, but special literature is not forgotten too. The master’s paper provides a new view to the occurrence of the principles of law in the jurisprudence; the subject is approached through the prism of the functions of the principles of law. The purpose of this master’s paper is to find out if the principles of law influence jurisprudence, and if so to what extent. The paper is divided in to five major parts. Judiciary system of Lithuania is shortly presented in the first part. The second part is dedicated to the analysis of the conception and classification of the principles of law. The occurrence of the functions of the principles of law in jurisprudence is discussed in the third part of the paper... [to full text]
Starikovič, Ivona. "Asmens socialinės teisės Konstitucinio Teismo jurisprudencijoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20101125_183252-41910.
Pełny tekst źródłaThe thesis discloses social rights, their essence, purpose, importance and differences from other human rights. It also analyzes the content of social rights, regulated by international legal acts and constitutions of the Republic of Lithuania and other countries. This thesis overwies acts (decisions) related to fundamental social rights adopted by the Constitutional Court, analyzes the constitutional doctrine of these rights formed in the jurisprudence of the Constitutional Court. It also examines the doctrine of social rights established in the practice of constitutional of two other countries (Latvia and Poland).
Grigaitė, Kristina. "Darbo teisės klausimai administracinių teismų praktikoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2009~D_20101125_190650-13281.
Pełny tekst źródłaThe main goal of this master’s writting is to analyze theoretical and practical aspects of labour matters to administrative courts. This work consists of two parts. The first part of this writing is theoretical and reveals the issue of labour matters cases interpretation in separate court systems is analised in the approach of unite jurisprudence. In the second part the free principal groups of cases in administrative courts containing labour matters were marked out. This part is more practical. First group of cases, in which administrative court must interpretate labour law issues, is on the ground of administrative law violations code, according to which administrative court judges the violations in labour range. The other group of cases go to administrative court on the grounds of public service law. The third group of cases in which labour law issues are analised are cases, where administrative court monitors the legitimacy of the standart enacment of central administrative subjects. Having analyzed the cases in which labour law matters occur, it may be noticed, that the jurisprudence of labour matters in administrative courts is not united. There must be mentioned that the lack of procedural rules obstruct the appropriate court role in labour range. In this master‘s writting it is seeked to provoke further legal debate concerning probabilities of improving legal system in Lithuania.
Kazlauskas, Vilhelmas. "Teismų praktika kaip darbo teisės šaltinis". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2011~D_20140625_210221-48842.
Pełny tekst źródłaВ работе исследуется развитие формирования судебной практики после востановления независимости Литовской Республики. Анализируя специальную литературу, законы, решения и определения судов, судебную практику Верховного Суда Литвы, постановле... [to full text]
Kiškūnaitė, Justina. "ES teisės reikšmė nacionalinei baudžiamajai teisei". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2011~D_20140626_205945-75229.
Pełny tekst źródłaIn this work the author aspires to fully explore the importance of European Union law for the national criminal law. This is done by taking a closer look at the European Union law and how it is incorporated into national law. Author is analyzing different types of European Union legal acts and how they directly influence national and national criminal law. The first part of this paper is dedicated to the European Union legal acts types, their adoption procedures and how they influence Lithuanian legal system. It is analyzed how European Union law is influencing national legislation and the author mentions some aspects that should be taken into consideration when national law is being harmonized with European Union law requirements. In the second part of the work a direct look is taken at the primary and secondary European Union legal acts influence for the national criminal law system. Moreover, it is analyzed how European Union law is incorporated into national law and what influence it has. Finally, some of international conventions are reviewed, precisely the ones that have influence for national criminal law formation. In the final part of the paper particular institutes of national criminal law are examined. These are the institutes that are highly influenced by European Union legal acts, such as liability of natural an legal persons, stages in the commission of crime, aiding and abetting. The author analyses how European Union legal acts regarding the mentioned... [to full text]
Savel, Božena. "Teisės normų ir teisės principų svoris Lietuvos Aukščiausiojo teismo praktikoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20090908_194055-52005.
Pełny tekst źródłaThe question of legal rules and the legal principles application in the Lithuanian Supreme Court’s Practice is especially urgent in contemporary society where sociological – realistic influence is taking more important place. In the Lithuanian Supreme Court’s judgements the application of the legal principles is widespread. The legal principles are used to mend the gaps of law and to climinate collisions. Their role is especially important in the process of explaining the legal norms which is a part of the Lithuanian Supreme Court’s functions to make court’s practice the same. Analysing the Lithuanian Supreme Court’s Practice it was noticed, that the legal principles are mostly used when there is insufficient regulation of the legal norms. Moreover, it is necessary to have additional arguments to ground the judgement. These arguments are the legal principles, which content consists of legal morality. Today the Courts have wide rights to interpretate the legal principles. Lack of legal regulation applying the legal principles grounds the variety of different explanation and application. All this is the reason of contradictory formation of Court’s Practice. The Lithuanian Supreme Court’s prerogative is to make the judgement the same. The certain content of the legal norms depends upon the Lithuanian Supreme Court’s interpretation. All this claims that the boundaries of the principles are able to change common legal norms. These legal norms gaide the society. The role of the... [to full text]
Gečytė, Laura. "Europos Sąjungos teisės taikymas Lietuvos Respublikos administraciniuose teismuose". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2007~D_20101124_200900-19863.
Pełny tekst źródłaThe Enforcement of European Union Law by the administrative courts of Lithuania is analyzed in this Master’s paper. National courts may enforce and apply European Union law directly or indirectly, but these methods are analyzed on a small scale because the object of paper – enforcement of European Union law is analyzed through the stages of judicial proceedings of national administrative courts. First of all, it is described the position and duty of judge to choose the applicable law. It is analyzed the supremacy of European Union law and it’s coherence with the principle of national procedural autonomy, commented on the direct applicability and direct effect doctrines. In the first part of paper it is also ascribed the question of validity of applicable law and who is competent to judge this. In the second part of paper it is estimated the necessity to interpret law rules, methods of interpretation of national and Community law. It is also analyzed the possible problems in administrative courts of Lithuania which arise while applying European Union law properly and seeking to ensure consistent practice in the whole Community. The purpose of the paper is to research how the application of European Union law is specific and different from the application of national law in the administrative courts of Lithuania and whether the courts apply European Union law properly.
Bertašienė, Rūta. "Tarptautinių teismų įtaka tarptautinės teisės normų kūrimui". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20061211_142135-28165.
Pełny tekst źródłaInfluence on creation of international law rules by two courts – the International Court of Justice and the European Court of Justice is analyzed in this master’s final job. The international law covers wide and difficult range of the international spheres. But there is no institution in the international law, which would enact the international acts. Subjects themselves create law rules and principles at the same time sticking to them. The international courts – global and regional have quite big although indirect influence on development of the international law rules. In many cases, judgments made by the international courts, had the influence on solving similar cases in the future and on assessing internationally conventional law principles. Furthermore the International Court of Justice and the European Court of Justice not only solve issues between sides, but also “fill” the gap in the parliamentary control.
Ivanauskaitė, Eglė. "Teismo precedento kaip teisės šaltinio problematika Lietuvoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20090908_194055-30721.
Pełny tekst źródłaA Precedent as a Source of Law Issues in Lithuania Summary A judicial precedent was established as a binding source of law in the Lithuanian law system by the resolution of the Constitutional Court of the Republic Lithuania, dated 28h March 2006, and the resolution of the Constitutional Court of the Republic of Lithuania, dated 24th October 2007. The question whether the institute of the common law tradition should have had to become a part of Lithuanian law system is still considered and discussed among the Lithuanian lawyers. This paper, which is based on the analysis of legal acts, works of Lithuanian law scientists and decisions of the Supreme Court of Lithuania and the Court of Appeals of Lithuania, seeks to analyse the background and circumstances under which the precedent institute was established in Lithuanian law system. A germ of the precedent already existed in the interwar Lithuania. However, due to the historical reasons and an intervention of the Soviet law, the precedent institute was not further developed. Later, after Lithuania announced independence, the role of Lithuanian courts and their jurisprudence has become important again. Finally, the Constitutional Court of the Republic of Lithuania has stated that the same cases must be decided in the same way, i.e. they have to be decided not by creating new court precedents, competing with the existing ones, but by taking account of the already consolidated ones.
Vansevičiūtė, Donata. "Teismo sprendimo motyvacija (pagal Lietuvos ir užsienio valstybių teismų praktiką)". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2009~D_20110709_152332-57535.
Pełny tekst źródłaMotivation of a court judgment (based on Lithuanian and foreign countries‘ Case Law) The subject-matter of this master thesis is the analysis of regulating rules of law and the sources of law doctrine, with reference to examples of Lithuanian and some other foreign countries‘ case law. The Code of Civil Procedure of Lithuanian Republic indicates the duty of the courts to motivate their judgments. However, this duty is not always properly embodied i.e. the decisions sometimes are not argumented or they are argumented in not the most suitable way. Seeking to discover the importance of the reasoning of court judgment, the first part of this master thesis contains analysis of types and structure of court judgments and also the significance and place of motivating part in court judgment. The second part of master thesis contains the research of development and alternation of reasoning of court judgment in Lithuania. This is done by using the historical method of analysis. It is important to accentuate that in all historical stages that are being discussed in this thesis, there was a requirement for judges to motivate their decisions, although the content of motivating part and the carrying and publication of judgment were not always the same. While using the descriptive, systematic, logical and analysis of rule of law methods, the peculiarities of reasoning of court judgment of every court instance are being discussed. This analysis led to a conclusion that the courts of different... [to full text]
Kaminskas, Laurynas. "Vartotojų teisės į informaciją apsauga Lietuvoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20110709_152232-51392.
Pełny tekst źródłaThe concept of the right to information is wide-ranging, closely linked with various human rights, associated with many spheres of living. The basic notion of human informational rights is the rights to know about activities of the government. However, the content of the right to information is fast changing, affected by the vicissitude of its environment. Thus it means that the right to information had to find its place in the legal basis as well and was determined by the natural need for relationship regulations. In other words, the development of consumers’ rights was evolution and adaptation to the fast changing environment, consumerism movements, development of information society, technological progress. Even from the times of the French Revolution, the most important aspect of informational rights was knowing, what was being done, and how it was being done by the elected society members – the right to the information about activities of the government (as well as the right to participate in the ruling of the country). It was one of the fundamental bearers of democracy. Time went by and the notion of the bigger picture began to appear – it was understood that the citizen had more informational rights ant the content of his rights was expanding. The right to obtain information about oneself, collected by the institutions of the government, emerged. It is hard to say, whether the movements of the consumerism were the main influences, that stimulated the appearance of... [to full text]
Urbanavičius, Linas. "Laisvas pacientų judėjimas Europos Teisingumo teismo jurisprudencijoje ir poveikis Lietuvos teisei". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20090206_104828-02951.
Pełny tekst źródłaThe theme of this Master’s thesis is relevant since the European Court of Justice plays the main role when there are doubts concerning application area of the European rules, their application in individual cases, and their explication with regard to the national legislation. The subject is new as new cases from the European Court of justice and their implication on the Lithuanian legislation regulating treatment abroad are analyzed. Obstacles of free patient movement at the level of the European Union and at the national level comprise the problem of this thesis. The object of this research is free movement of patients in the jurisprudence of the European Court of Justice. The aim of this Master’s work was to analyze the impact of jurisprudence of the European Court of Justice on the free mobility of patients in the countries of the European Union, European Economic Area and Switzerland, and on the basis hereof to create practical recommendations for the improvement of the Lithuanian legislation in the patient mobility area. Hypothesis: jurisprudence of the European Court of Justice stimulates movement of patients; national legislation regulating free movement of patients within the European Union must be improved on the basis of the practice of the European Court of Justice. The following scientific research methods were applied: logical, linguistic, systemic analysis, documentary, analysis of the scientific methodologic literature. Results. 7 new cases since 2004 from the... [to full text]
Markova, Jekaterina. "Europos Bendrijų Teisingumo teismo vaidmuo įtvirtinant darbo teises". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20090908_192048-39670.
Pełny tekst źródłaThe European Communiy was, and still is, to a large extent, concerned with the economic aim of creating a common market. At the time of the establishment of the Community, any social benefit was merely an advantageous consequence of the desire to avoid distortions of competition. Therefore it is not surprising that the Treaty of the European Community itself hardly contains any genuine fundamental labour right which the Community institutions and Mamber States should respect when exercising their powers. The fact that the Community has gradually transformed itself into an organization that has labour rights high on its agenda is for a major part due to the proactive stance of the Court of Justice. Ever since 1969 it has been clear from the Courts’ case-law that fundamental human rights in general are part of the general principles of Community law and protected by the Court. The Court has also recognized certain labour rights as fundamental human rights. In certain cases the Court of Justice went further than merely recognizing fundmental labour rights as a “touchstone”. Sometimes the Court engages in the creation of detailed actively enforceable labour rights. The Court has often provided detailed guidelines for a genuine enforcement of certain labour rights. I recall, for instance, the principle of equal pay for equal work and work of equal value, the rights to a wide range of social benefits for migrant workers, the freedom of associations and the freedom to choose an... [to full text]
Bikelis, Skirmantas. "Tyčinė kaltė baudžiamosios teisės teorijoje ir teismų praktikoje". Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2008. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20080111_173612-27751.
Pełny tekst źródłaThis research examines the problems of dolus in the criminal law. The Latin notion dolus includes not only what common law would call intention and knowledge, but also some cases of recklessness (so called dolus eventualis). Dissertation aims on the basis of achievements of the criminal law of Eastern, Western European and other countries comprehensively analyze the structure of dolus and its particular elements; to identify essential theoretical questions, as well as typical practical problems and to provide suggestions for the solutions of these questions and problems. The research part of the thesis consists of three parts dedicated, respectively, to problems of culpability, of the intellectual part of dolus and the volitional-dispositional part of dolus. The first part analyzes three theories of culpability: pure psychological, social – psychological and normative. It is concluded that normative theory of culpability has no significant faults, common to other theories of culpability, and it complies with provisions of the Penal Code. The second part of the research is dedicated to the analysis of the intellectual part of dolus - perpetrator’s perception of crime social wrongfulness and foresight of prohibited consequences. It reveals the scope and content of perpetrator’s perception and degree of foresight of prohibited consequences in dolus as well. In the third part of the research volitional parts of dolus directus and dolus eventualis are analyzed. It is concluded... [to full text]
Lučinski, Dariuš. "Nuosavybės teisės objekto problema doktrinoje ir teismų praktikoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20060505_153835-86748.
Pełny tekst źródłaTraknytė, Jurga. "Teisė kreiptis teisminės gynybos į administracinį teismą". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20101125_183251-39050.
Pełny tekst źródłaThe Constitutional Court of the Republic of Lithuania is said that the right to apply is fundamental, absolute and universal. But there are different systems of institution courts (general, constitutional and administrative) and their different functions. So there are different institution conception of the right to apply in each justice, too. The model of the right to apply in the administrative courts safeguards regular balance between person and polity interests. This balance is important in every law democracy civil society. In this doing postgraduate there is analysed the procedurals of the person‘s liberties and rights into the right to apply in the administrative court of the Respublic of Lithuania. In these procedurals there is tackled the conflicts between private people and public state interests and several public administrative subject litigations, too. There is subjected a course for creation of the independent administrative court and their stages of specialize court systems reform. The main idea of this doing is to implement the problems of subjects’ right to the rights to apply in the administrative courts. The main point of this doing postgraduate is to measure the tendencies of necessity administrative court and to analyze the subjects which have the right to appeal to administrative court and to propose clearer regulation of the person interest for the requisition which is one of the special presumption for the right to apply to administrative court... [to full text]
Kanapeckaitė, Sigita. "Savininko teisės, jų įgyvendinimo būdai ir ribos". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2009~D_20140623_192350-65160.
Pełny tekst źródłaThe laws and the doctrine distinguish the following three basic elements of the ownership right as the most extensive of all other real rights: 1. the right of possessing (ius posidendi) – the legal right to actually have the property at one’s disposal, exercise actual physical or economical control over it; 2. the right of use (ius utendi et fruendi) – the right to use the useful features of the property in order to satisfy the owner’s needs and obtain any possible benefit from the property, including the right to obtain fruits, income (revenue) and production the property generates; 3. the right of disposing (ius disponendi) – the right to determine the legal fate and status of the property, e.g. alienate the property fully or partially, lease, transfer into another person’s possession, refuse from the property or even destroy it. The means of implementation of the ownership rights may depend on the various kinds of property and can be resulted in providing special conditions of possession, use or disposal of property, established by Civil Code or special laws. In spite of the facts, that the scope of the ownership rights is very wide, it should not be regarded as a fully absolute and unrestricted right. The Civil Code stipulates that while using, possessing and disposing of this property the owner should not violate the laws, rights and interests of other persons. This means that when using his property, the owner has to take due to account of various possibilities in... [to full text]
Pakalniškytė, Amanda. "Savininko teisių turinys". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2011~D_20140625_205708-42851.
Pełny tekst źródłaDas Eigentumrecht ist ein von den Haupt- und Natuerlichrechten des Menschen, das von alten Zeiten egzistiert. Die Analyse von diesem Recht ist wichtig, wenn wir der Inhalt des Eigentumrechtes zeigen wollen, der uns die Gelegenheiten des Eigentuemers verstehen hilft. In die litaushe Rechtsliteratur bietet man oftestens nur sehr allgemeine Konzept des Eigentumrechts. Diese Konzept besteht aus die Rechten des Eigentuemers das Eigentum zu nuetzen, zu besitzen und zu entzoergen. Aber der Inhalt des Eigentums kann man viel breiter verstehen. Zum Beispiel, das Verfassungsgericht fuehrt sich in seiner Praxis nicht nur mit dieser „Dreiklang“, aber in der Konzept des Inhalts des Eigentumrechts solche Rechten wie das Recht erfordern, dass das Eigentumrecht nicht verletzt wird, das Recht, dass das Eigentum von illegalen Besitz erfordert wird und etc., hinzufuegt, und der Europaeische Gerichtshof des Menschenrechten asoziert den Begriff des Eigentums ueberhaupt nicht mit dem „Dreiklang“, sondern das Eigentum durch Eigentumsobjeckt versteht. Es ist wichtig nicht nur analysieren, aus welchen Rechten der Inhalt des Eigentumrechts besteht, sondern auch die Grenzen des Eigentumrechts gesetzen, das die Scaffung eines Staates verletzen kann, wenn sie diese Grenzen gesetzt. Obwohl die Verfassungsgericht in seiner Praxis die Bedingungen und die Grundlagen der Grenzen des Eigentumrechts anfuehrt, aber man auch zwifeln kann, dass das Eigentumrecht ueberhaupt nicht beschraenkt werden kann, ausser im... [to full text]
Mučinienė, Ramutė. "Teisės į teisingą teisinį procesą samprata konstitucinio teismo jurisprudencijoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20090122_135109-94260.
Pełny tekst źródłaContemporary international law declares the respect to human rights and guarantees the implementation of these rights in the national law of states. Human rights involve various rights and freedoms, but in purpose the mentioned rights could be implemented in reality, first of all it is necessary to guarantee the right of protection of human rights and freedoms. The human right to apply to the court is set in the Constitution of Republic of Lithuania. Right to trial is much more tight than right to a fair legal process, but if the first is not guaranteed, it is not possible and the second one, this was pointed in the decisions of the Constitutional Court of Lithuania for several times. The aim of the present thesis is to analyze and to determine the theoretical and practical aspects of fixation of the right to fair legal process in the jurisprudence of Constitutional Court of Lithuania and of institutions of constitutional control of other states. The thesis begins with review of implementation of human rights in democratic society, with short review of historical development and legal fixation. The second part analyses the concept of right to a fair trial and it‘s basic elements in the aspect of Convention of the Protection of Human Rights and Fundamental Freedoms, considering their fixation in the legal system of Lithuania. The third part of thesis is designed for the comparative analysis of concept of right to a fair legal process i.e. analyses interpretation of concept... [to full text]
Paliutis, Kristijonas. "Tarptautinės privatinės teisės normų taikymas Lietuvos Respublikos teismų praktikoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2007~D_20101124_204041-68606.
Pełny tekst źródłaThis thesis presents the analysis of the judicial practice of courts in the Republic of Lithuania related to international private law norms. The practice of the norms is specific due to the fact that the collision norm application in the courts of the Republic of Lithuania often means shifting the matter to the other country’s law or the direct application of the international contract norms. The main source used to explore the theme is judgments in civil cases passed by the Lithuanian Supreme Court and the international private law practice in the courts of the Republic of Lithuania which was approved by the Lithuanian Supreme Court Senate. Considering the fact that the practice of Lithuanian courts in this field is spare, the thesis is looking for answers in some of the foreign law applications which arise for courts examining them. The thesis consists of three main parts. The first part is theoretical and describes the international private law itself as a distinctive branch of law. In addition, it speaks about the main features of the international private law as well as its interaction with judicial relations, law acts and their place in the Lithuanian law system. The second part discusses the court practice in the international private law and its norms for distinct institutes in private legal relations. Due to the fact that most litigation in the international carriage of goods is solved by applying the international private law, the third part studies the 1956 Geneva... [to full text]
Drusytė, Dovilė. "Bendrųjų romėnų prievolinės teisės nuostatų įtaka šiuolaikinei civilinei teisei". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2007~D_20101124_204052-23025.
Pełny tekst źródłaThe obligation law in many European countries, including the Respublic of Lithuania, was influenced by Roman obligatory law. Huge influence of ideas, rules and principles in obligatory law formed in Ancient Rome, are not questioned. This Master thesis analyses, what exact influence Roman obligatory law made for contemporary law, i. e. what ideas, principles and rules made influence for the branch of law mentioned above and how it operated, what rules were adopted and how they are consolidated in contemporary law. The first part of this work reveals the conception of Roman obligation, genesis and formation of conception of contemporary obligation. The major features of common Roman law reception are also discussed here, the main moments of renewed interest in this system. The second part is devoted to analysis of the legal institutions in obligatory law, which made a great, basic influence to formation of contemporary civil law. This part has purpose to explore the concrete common Roman obligatory law rules, ideas, their genesis and influence to contemporary obligatory law. The institutions of obligatory law are analyzed in this work as it follows: the object of obligation, the parties of obligation and their changes, cooperation in obligation, the beginning and the end of obligation, the guarantees for obligation and responsibility for breach of obligation. Essentially the rules, that made the greatest influence for contemporary obligatory law are analyzed, while these, which... [to full text]
Apolevič, Jolanta. "Civilinės teisės principų turinio atskleidimas Lietuvos Respublikos teismų praktikoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20110709_152238-72410.
Pełny tekst źródłaThe 1.2 article of the Lithuanian Civil Code establishes the principles of the regulation of legal civil relations. Only the bare names of these principles are being presented in this article, while their content is revealed through the other articles of the Civil Code or through the judicial practice. The importance of the principles keeps growing, since these seem to constitute certain basis which is equally to be relied upon as by legislation, so by judges (that deal with the case) or by the subjects of legal civil relations themselves. It follows that in the present work the principles of civil law are revealed through the judicial practice (i.m. what content and interpretation of the mentioned principles the court establishes in its litigations and judgments). In the first part of the present work, general interpretation of the principles of civil law is presented, and, at the same time, in respect of that, the definition of a principle is clarified. There are analyzed as well the functions of the principles of civil law, these are essential in future while explaining the content of the principles themselves. The correlation between the regulation principles of civil law and enforcement principles of civil law is analyzed in the same part of the work; afterwards the author consequently passes on to some principles of European Union that caused enormous impact on the Lithuanian civil law, as they have been extrapolated within the harmonization of our provisions. Each of... [to full text]
Sinkevičienė, Svetlana. "Teisės atėmimas pagal administracinę teisę". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20101125_185315-41339.
Pełny tekst źródłaSUMMARY Graduate work for a Master’s degree: “Deprivation of Rights in Accordance with Administrative Law”. Key words: legal responsibility, administrative responsibility, administrative offence, administrative penalty. The administrative penalty – deprivation of special rights in accordance with administrative law – is analysed in this work. Theoretical basis of administrative responsibility, the concept and conditions for its occurrence are analysed first, therefore such legal categories as “legal enforcement”, “legal responsibility”, “law offence”, “administrative responsibility and its measures” are discussed in the first part. The relation between personal rights and special rights, norms regulating legal background of administrative penalty – deprivation of special rights – are analysed in the next part. It is important to point out that administrative penalty is of repressive character, and it causes negative consequences to the person, therefore it is important to define prohibitions and orders clearly and accurately, to coordinate legal norms, to eliminate contradictions in the provisions in order to ensure balance between a legal order and personal interests by application of administrative measures. The problem of practical realisation of administrative responsibility is predetermined by the situation, when the majority of administrative penalties are imposed not by courts, but by different authorised institutions (officers) of executive power. Further the norms... [to full text]
Matukaitė, Zita. "Lingvistinio teisės aiškinimo metodo taikymas Lietuvos Aukščiausiojo Teismo ir Lietuvos Respublikos Konstitucinio Teismo praktikoje: lyginamoji analizė". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20081203_204526-25881.
Pełny tekst źródłaSummary The Application of the Linguistic Interpretation Method in the Practice of the Lithuanian Supreme Court and Constitutional Court of the Republic of Lithuania The linguistic method of law interpretation is recognized in law theory as one of the most important and widely implemented in interpreting law, for every rule of law is an embodied rule of behavior. The essence of this method lays in determining the word sense according to the context of the article or the content of the law. That is why most scholars believe the linguistic method to be the first method to be taken into account among others. The concrete linguistic interpretation rules should be preserved when implementing linguistic method of law interpretation, formulated by law theory. Only by preserving such rules, the rationality of law interpretation would be safeguarded. One faces problems implementing these rules, because the complicated implementation of the linguistic method of law interpretation is concerned with objective reasons, i.e. with the nature of the language, the ambiguity, indetermination, abstractedness of words used in the law, the use of the same word in the different context and etc. According to the analyzed practice of the Supreme Court of Lithuania and the Constitutional Court of the Republic of Lithuania, it might be concluded that the linguistic method of law interpretation does not prevail in the practice of these courts, i.e. the practice of these courts does not prove the... [to full text]
Klimovič, Ana. "Įstatymas Konstitucinio Teismo nutarimuose". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2007~D_20101124_200854-67703.
Pełny tekst źródłaThe Constitutional Court of the Republic of Lithuania can be distinguished from the general competence and special courts for its particular purpose, i.e. it ensures the precedence of the Constitution within the legal system and the constitutional legitimacy. Following the Constitution of the Republic of Lithuania, the Constitutional Court resolves whether laws and other legal acts passed by the Seimas do not contravene the Constitution. Within the hierarchy of the sources of law, the laws stand out for the regulatory character, particular procedure of their adoption, legal effect. Considering the scope of the regulatory framework of the laws, which is really encompassing, or the fact that namely the laws should regulate the most relevant social relations and, furthermore, acknowledging the fact that the subordinate legislation is adopted following the laws, it is highly important that the laws do not contravene the constitutional regulation, do not infringe personal rights and lawful interests, but, on the contrary, ensures them. Consequently, during the verification of the constitutionality of the given legislation the Constitutional Court shall bear the role of great significance. Upon the recognition of the laws as inconsistent with the Constitution, the Constitutional Court also eliminates them from the legal system. Only the Constitutional Court is granted constitutional authorizations to give an official interpretation of the Constitution. Such judicial interpretation... [to full text]
Milieškaitė, Toma. "Teisės į sveikatos apsaugą užtikrinimas Europos Bendrijų Teisingumo Teismo praktikoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20110709_152144-45762.
Pełny tekst źródłaEssentially health protection systems operate on the principle of territoriality, therefore allowing patients to use free health care services only in their home country. Nonetheless, the right to health protection is secured both by international and European Union (hereinafter referred – EU) law. Right to health protection, as one of social rights, obligates member states to ensure that every person has equal opportunities to get access to high quality health care. Although in EU health care falls within the national competence of the member states, a number of secondary legal regulation institutes exist in the Community, which indirectly, but substantially affect the legal basics of this social sphere. The Court of Justice of the European Communities has also highly contributed to ensuring the right to health protection by concluding that health services and medical products fall within the sphere of the internal market. The work analyses the Court of Justice of the European Communities practice with the intention to reveal how the opportunities to get access to health care cervices for patients living within the EU were expanded thus complementing the fundamental freedoms of the EU. To that end, the concepts of services and goods, their elements, limitations and possible justifications in the sphere of health care are discussed. The work also deals with the competence limits of the member states and the EU, revealing limited discretion of the member states to isolate, by... [to full text]
Litvinienė, Jurgita. "Visuomenės informavimo laisvės principo interpretavimas Europos žmogaus teisių teismo jurisprudencijoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2005~D_20060315_125739-92595.
Pełny tekst źródłaŠaduikytė, Julija. "Sąžiningumas ir sąžininga dalykinė praktika: teisės doktrina ir teismų praktika". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110124_124629-67460.
Pełny tekst źródłaThe principle of good faith and fair dealing is established in the doctrines of continental law tradition countries and the international documents harmonizing contract law (UNIDROIT Principles, PECL and European Civil Code project). This principle possesses different role and volume in different countries: in Germany, good faith is especially important, while France is more concentrated on the willpower of parties, while good faith doctrine is poorly developed. The good faith and fair dealing practice was receipted from UNIDROIT Principles, Article 1.7 and established in the Lithuanian Civil Code of 2001, Article 6.158. The content of good faith and fair dealing can hardy be described a priori – it is the courts to formulate them in the context of a definite situation. Good faith and fair dealing is not widely analysed in the doctrine of Lithuanian law. This principle is thought to be understood in the objective way, as it is in UNIDROIT Principles and PECL. According to systematic explanation of the Civil Code regulations of 2001, Article 1.5, which establishes the principles of justice, rationality and good faith and the Article 6.158, part 1, establishing the principle of good faith and fair dealing are in the subordinate relation with each other. This study concludes that the Article 1.5 must be considered as lex generalis, while the Article 6.158, Part 1, must be considered as lex specialis in relation to the Article 1.5. Thus the principle established in the Article 6... [to full text]
Černiauskienė, Rita. "Konstitucinė šeimos teisių apsauga. Žmogaus reprodukcinės teisės". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070103_120713-89367.
Pełny tekst źródłaHuman reproductive rights should be understood as the persons right to found family and possibility for infertile people to procreate with assistance of artificial insemination technologies. Infertile people should have access to assisted procreation with regard to changing concept of family: family - means married couple or people living together without registering marriage, also single woman with a child. In addition to this, if people are infertile, it should be possible for them to have an access to all kind of treatment, including assisted procreation, so people who are undergoing these procedures should exercise such patients rights as a right to informed consent, a right to private life. Lithuania doesn’t have an appropriate regulation of assisted procreation: according to Civil code all the issues related to assisted procreation must be regulated with law. In spite of this, procedures of artificial procreation are regulated with instruction of Ministry of Health Care. Such an inappropriate regulation might be even found unconstitutional. Moreover, many moral and also legal problems arise from this medical procedure: there is always a collision between infertile persons wish to have children and embryos right to life, because not all the embryos are used to the family plan, part of them are frozen or destroyed. If the donors or surrogate mother takes part in assisted procreation, questions of parenthood and children right to know their origin arise. These are the... [to full text]
Kodytė, Ona. "Psichikos pacientų teisės – svarbi žmogaus teisių stritis". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2005~D_20060315_103543-53213.
Pełny tekst źródłaJurkevičiūtė, Gabija. "Teisė į privatumą ir vaizdo stebėjimo priemonių panaudojimas Europos Žmogaus Teisių Konvencijos, Europos Sąjungos ir Lietuvos Respublikos teisės požiūriu". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20110709_152131-80931.
Pełny tekst źródłaThe advancement of new technologies is radically changing the world. Nowadays society is a transparent society. In recent years, the use of video surveillance cameras (also called Closed Circuit Television, or CCTV) throughout the world has grown to unprecedented levels. And there we find out many problems, concerning protection of an individuals private life. The work discusses the issue of right to private life protection in a context of video surveillance. The right to private life is quite young in world’s legitimate system and especially in Lithuanian law system. Personal data protection as a part of privacy right is an aspect of human rights. This proposition is universally accepted. As long ago as 1948, privacy was given recognition in the Universal Declaration of Human Rights. In 1950, privacy was implemented in European Convention of Human Rights. This work is divided into three parts. One of them is talking about a conception of a privacy, separates data protection conception from right to private law, the second one is talking about video surveillance systems in general, their technical capacity, the last one is talking about European Convention of Human Rights and its article 8 as the main principle which is a sound base for European Union and Lithuanian regulation of video surveillance, analysis Charter of Fundamental Rights of the European Union, Directive 95/46/EC of the European Union, Constitution of Lithuania, Lithuanian Data Protection Law in the context of... [to full text]
Navickas, Evaldas. "Mokesčių teisė: bendrosios teisės teorijos aspektai". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2007~D_20101125_183200-68878.
Pełny tekst źródłaSUMMARY The fundamental conceptions of the tax law are analyzed in the Master’s Thesis “Tax Law: the aspects of the common law theory“. The objective of the Master’s Thesis is to describe and analyze the legal norms, regulating public relations related to taxes, in their entirety using categories of the common law theory. The fundamental categories of the common law theory and legal norms, regulating public relations in the tax area, are researched in the Master’s Thesis. The work contains the analysis of the problematic issues of the tax law conception. It contains the analysis of the theoretical section of the tax law functioning by concentrating on the phenomenon itself, and the discussion of the main concepts and limits. There is no strong opinion on the topic, whether it is already time to discuss the tax law as an independent law branch as yet. The answer to this problem and other similar issues is sought in this Master’s Thesis from the perspective of the common law by researching and testing the legal norms, regulating public relations related to taxes, in their entirety using categories of the common law theory (legal norm, conception of law, structure of law, law resources, subject of legal regulation, method, etc.). The work contains the review of theoretical issues of legal regulation and law application, the analysis of normative legislative acts and the practice of courts, the research of the following normative legislative acts: the Constitution, the Civil Code... [to full text]
Stasiulionienė, Jurgita. "Darbo teisė kaip savarankiška teisės šaka". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20081203_204545-38439.
Pełny tekst źródłaLABOUR LAW AS INDEPENDENT BRANCH OF LAW The purpose of this Master’s Thesis is to show peculiarity of labour law as an independent branch of law, distinguishing object and method of legal regulation. Seeking the purpose these tasks of study were set: 1. To reveal a branch of law as a structural element of legal system; 2. To analyze separation criterion of a branch of law, as a structural element of legal system; 3. To discuss criterion, invoking which branch of labour law is separated, in law system of the Republic of Lithuania; 4. To open interrelation of branch of labour law and other branches of law in legal system of the Republic of Lithuania; The Thesis consists of three main parts, conclusions, list of literature and appendixes. In the first part of the Thesis – Legal system – the structure of legal system, what makes legal branches and criterion of their separation are discussed. The basis of separating law into branches – the object of legal regulation and the method - are analyzed in details. The second part of the Thesis – The criterion of the branch of labour law separation. The concept of work law is formulated. It is also introduced with a system of labour law in this part. The object and the method of labour law are analyzed; the main principles of labuor law are discussed. The third part of the Thesis – Labour law and the other branches of law. In this part the interrelation between labour law and the other branches of law - such as constitutional, social... [to full text]
Bubnaitytė, Neringa. "Prekių ženklų tapatumo ir panašumo nustatymas pagal Europos Teisingumo Teismo ir Lietuvos teismų praktiką". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2010~D_20140625_182552-97509.
Pełny tekst źródłaSUMMARY Establishment of Identity and Similarity of Trade Marks in the Case Law of the European Court of Justice and Lithuanian Courts This master thesis is dedicated to analyze case law of the European Court of Justice and Lithuanian courts, with the aim to identify criteria significant for establishment of identity and similarity of trade marks, conditions for application of those criteria as well as influence upon evaluation of the general impression created by trade marks. In addition, attention is drawn to theoretical and practical problem issues in establishment of identity and similarity of trade marks and suggestions on their solution are made. In the first part, a list of condensed references is made to laws pertinent to the identity and similarity of trade marks. The second part reveals the concept of identity of trade marks and judgment of identity of trade marks in the case law of the former Court of First Instance, currently the General Court, and the European Court of Justice, supplemented by additional illustrations from the practice of the OHIM, in attempt of painting the full picture of the identity issue. The third part of the thesis focuses on the discussion of the similarity of trade marks and analysis of criteria for establishment of similarity of trade marks. Herein the analysis of case law of the European Court of Justice and Lithuanian courts has been carried out based on general criteria of similarity of trade marks: distinguishing and dominating... [to full text]
Jablonskytė, Judita. "Vartotojų teisių gynimo problemos nekokybiško daikto (paslaugų) atveju (teismų praktikos analizė)". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20110709_152427-48653.
Pełny tekst źródłaThe object of the academic master work is to analyze the problems faced by the consumers in case of defective goods (services) and the court’s practice on this matter. The academic master work begins with the examination of the legislation and of the special quality criteria that are laid down for determining whether a particular consumer good (service) meets the quality requirements or vice versa, they do not. The conception of defectiveness is revealed in the two levels: Lithuanian and European Union; the problems associated with the transposition of the principle of conformity with the contract to the national law systems are pointed out. In the second part of academic master work the particular problematic issues that arises while consumers prove the defectiveness of goods (services) are examined, namely: the duty of the consumer to notify the trader of quality deficiencies and it’s impact on consumer rights; the legal and commercial guarantees, six-month presumption’s of non-conformity application problems and perspectives. In the third part of work each of the possible remedies in the case of defective goods (services) is separately considered; by the analysis of Lithuanian and EU’s comprehensive regulatory, case law and legal doctrine, the problems associated with each remedy is revealed and the possible solutions are given. The point worth mentioning is that in each part of the academic master work first of all the theoretical provisions are pointed out, after they... [to full text]
Stašaitytė, Toma. "Individualios peticijos teisės įgyvendinimas tarptautinėje teisėje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2007~D_20101124_200852-67711.
Pełny tekst źródłaThis work subscribes how right to individual petition is implemented in two main and most effective international organizations – United Nations and Council of Europe – and their international institutions which may consider individual petitions: the Human Rights Committee established according to 1966 International Covenant on Civil and Political Rights, the Committee on the Elimination of Racial Discrimination established according to 1965 Convention on the Elimination of All Forms of Racial Discrimination, the Committee Against Torture established according to 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and European Court of Human Rights established according to 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. Right to individual petition was first acclaimed by Council of Europe in 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. European Court of Human Rights is one of the main and most effective institution considering individual petitions. Its case-law is really important and deserves much attention in this work too. Requirements for the individual petitions according to the above mentioned conventions are broadly explained in this work. It is possible to say that requirements for the individual petitions to UN treaty bodies and to the European Court of Human Rights are similar or almost the same, only a few differences can be named: ratione temporis requirement... [to full text]
Motuzaitė, Inga. "Akcizų mokestis pagal ES teisę ir Europos Teisingumo Teismo praktiką". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20090908_193935-72795.
Pełny tekst źródłaCommon excise tax system is rather new in the European Union, therefore it is not widely explored – there is almost no literature in Lithuanian or foreign languages. This is a relevant thesis as excise taxes is an important source of state revenue collection and harmonisation at the level of the European Union affects not only common market but also economics and budget of separate Member States. Excise is an indirect tax of consumption by which specifix products (alcohol, manufactured tobacco, energy products, etc.) are levied. Excise taxation reasons, taxes‘ harmonisation premises and excise tax harmonisation in the European Union are briefly discussed in this master thesis. Excise tax in the European Union is discussed – what particular products, where and when products are levied (principle of levying in the place, not principle of origin is applied to excise tax). It is also analysed who has obligation to pay excise tax, what minimum excise tarifs in the European Union are and what tarifs are chosen by separate Member States. Conveyance of excise products, administrative cooperation between Member States in the field of excise is also discussed in this master thesis. Conclusions are provided at the end of the master thesis. The master thesis analyses and compares legal acts of the European Union and the Republic of Lithuania regulating excise taxation, provides examples of the practice of the European Court of Justice. There also analysed newest proposals on ammendment... [to full text]
Tyla, Artūras. "Romėnų teisė kaip šiuolaikinės privatinės teisės pagrindas". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2011~D_20140626_205531-14659.
Pełny tekst źródłaMaster thesis analyses the phenomenon of Roman law as the basis of contemporary private law. First of all, thesis discusses the polysemanticity of term “Roman law”, and the development of this legal system over different historical periods. Furthermore, the influence of Roman law over the development of law during latter periods is revealed. While analysing the research object, the biggest attention is paid to the analysis of influence of ethical values of Roman law over the essential principles of contemporary private law, as well as to methods and scope of continuity of main provisions, principles and institutes from this legal system to private law of our country and foreign countries. Considering the fact that the effect of Roman law on private law in different countries is uneven, thesis presents a review of Civil codes from countries that were mostly influenced by Roman law (France, Germany), as well as Lithuania, by revealing the most essential features of Roman law in legal systems of these countries. In order to reveal the influence of Roman law over the contemporary private law as comprehensively as possible, besides the aforementioned civil laws, thesis is also based on excerpts from the works of most important Roman lawyers, law handbooks, monographs, and scientific articles.
Marcinkėnaitė, Sandra. "Nuosavybės teisės turinys ir jos ribojimo pagrindai Lietuvos Respublikos Konstitucinio Teismo jurisprudencijoje". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20070119_150458-89275.
Pełny tekst źródłaNavikaitė, Renata. "Teisė į savigyną pagal tarptautinę teisę". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20060316_182254-43668.
Pełny tekst źródłaKovera, Marina. "Konstitucinė asmens teisė laisvai pasirinkti darbą bei verslą". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20090908_193941-96205.
Pełny tekst źródłaThe graduate paper analyzes a freedom to choose a job or a business, also other elements of the right to work - right to have proper, safe and healthy conditions at work and to receive fair pay for work. International acts and the jurisprudence of the Constitutional Court of the Republic of Lithuania are also analyzed.
Deltuvaitė, Goda. "Autorių teisių ir visuomenės teisės į informaciją derinimo problema". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20081203_204205-80454.
Pełny tekst źródłaThe problem of combining copyright and society’s right to receive information The objects of the intellectual property become a very important part of the civil turnover due the process of the development of information society and modern technologies of information dispersion. Regulation of copyright has huge impact not only to the authors themselves, but also to the society’s right to receive information. In some cases when making use of their rights, authors may prohibit usage of the copyright object or at least claim for remuneration. With due regard to the necessity to protect right of the author of respecting the result of his intellectual activity and to insure the public interest of the society it is vitally important to set a fair balance of both values. From the historical perspective representatives of both natural law and utilitarian notions theories were seeking to find the justification for limitation of copyright. In this research the existence of society’s right and society’s interest is being analyzed as well as the difference of terms exception and limitation are observed. In the analysis of copyright protection it is focused on the general limitations, when the copyright holder is not entitled to request for the protection of copyright object. After the analysis of general limitations the evaluation of limitations set in the legal acts of France, Germany, Lithuania, the USA and international legal acts are presented. It is investigated what impact the... [to full text]