1,720,985 research outputs found
Legal status of bankruptcy and restructuring administrators in lithuania and other countries.
No full textIn this paper author discusses insolvency, bankruptcy administrators status in mentioned legal field. Also paper includes analysis of Lithuanian laws related to bankruptcy and insolvency. Author while using multiple methods evaluates current laws and proposes his own ideas of ways for them to be developed in the future. According to author, biggest flaw is related with assigning the administrator. Current practice does not create precedent of transparency whilst keeping the process effective. Author gives his arguments about proposals to make process more transparent. Also paper mentions of restructuring administrators status, differences and similarities between two different processes are outlined. Also author outlines the same flaws in two different acts, which, according to author, may be harmful – both acts have to be corrected in order to maintain high quality of both processes. Author also analyzes historic laws, comments institutes that were used before current acts. In this paper author also analyzes acts of countries and regions like United States of America, Scandinavia, Baltic countries, Greece, Germany, Poland etc. In the end, author summarizes whole paper with conclusion summarizing whole paper and all of his ideas again concluded and presented in an clear way
The purpose of the parties in the civil procedure law.
No full textParties reach an amicable settlement of any disputes in Lithuania by the way of making an amicable settlement more and more often, so founding out of what legal power has the settlement in the civil procedure, what problems arise to the parties after reconciliation, what tendencies recently appear in the reconciliation process and what objects are pursued in reconciliation of the parties in the course of civil proceedings were actual. The author analyses reconciliation of the parties as an objective of the civil proceedings with the major tasks to reinstate both the legal and the social peace. The author also presents some samples of cases, which were resolved amicably. Objectives of the Master’s final thesis were as follows: 1. Estimation of reconciliation of the parties as an objective of the civil proceedings; 2. Estimation of the legal and social meaning of reconciliation of the parties; 3. Exhaustive and well-rounded disclosure of the meaning of reconciliation of the parties; 4. Representing of the newly originated and actively developing alternative way of settlement of civil and commercial disputes- mediation. At the end of the thesis the author presents some conclusions and offers for improvement of reconciliation procedure regulation
Historical development of bankruptcy legal institute: from ancient rome to the present day, future trend forecasts.
No full textHistorical Development of Bankruptcy Legal Institute: from Ancient Rome to the Present Day, Future Trend Forecasts The theoretical basics of the bankruptcy law developed through a long period of time, when especially developed in ancient times. The bankruptcy legal institute was born and began its development in Ancient Rome, where were formed the main bankruptcy institute legal principles, which are established in modern states bancruptcy law. The first laws especially dedicated to govern bankruptcy appeared in Italy in the middle of the XIII century. This was due to Italy’s economical development and political independence of its cities. This master’s thesis analyzes the historical development of bankruptcy legal institute from Ancient Rome to the present day and provides forecasts for the future trends. Also this thesis defines the concept of bankruptcy, competition, and insolvency, and discloses their interrelation, the particularities of using them in certain period of time, as well as the motives of changing them. With reference to the primary sources of bankruptcy law and the summary of works of scientists, who analyzed the debtor insolvency, bankruptcy, and competition law problems, the author analyses and compares the bankruptcy law and separate institutes (competition, bankruptcy, and administration of insolvent subject) in Užnemunė, Klaipėda Region, and the remaining part of the Republic of Lithuania in 1918-1940. Analyzing the development of bankruptcy law in the Republic of Lithuania from 1992 to the present day, the author evaluates factors (the influence of legal acts of the European Union; the rules set in a practice of courts; and the influence of economic, political, and social phenomena) that influenced the development of this law, the occurrence of certain bankruptcy norms, and their changes. Finally, the author overviews real and possible (forecasted) influence of bankruptcy law, historically formed in the Republic of Lithuania in 1918-1940 and implemented in other states, on the development of contemporary bankruptcy law in Lithuania. The paper highlights the significance of the analysis of the development of bankruptcy law institute on forming the doctrine of bankruptcy law in Lithuania. The previously applicable norms of bankruptcy law are evaluated as the basement for the preparation of the bankruptcy law reform and new legal acts aiming to solve the contemporary problems in the area of applying bankruptcy law in practice. Finally research provides conclusions and future trend forecasts of bankruptcy law in Lithuania
Judicial mediation vs. judicial conciliation: lithuanian and foreign experience.
No full textJudicial Mediation vs. Judicial Conciliation: Lithuanian and Foreign Experience Despite the fact that in the legal system of Lithuania judicial mediation was already established in the last decade, and judicial conciliation, which came into force even earlier, has been started to be actually and actively applied only since 28 February 2002, after the Code of Civil Procedure was adopted, up until now all the procedures of judicial reconciliation mentioned herein have not been fully functioning and effective, which is shown by the statistics of cases analysed during court settlement. Therefore, on the basis of the works of Lithuanian and foreign authors, relevant legislation, draft laws, as well as case-law, this master’s final thesis analyses the institutions of judicial mediation and judicial conciliation, their development, aims and conception, as well as thoroughly studies the legal basis regulating the reconciliation procedures stipulated herein; it also reveals essential similarities and differences between judicial mediation and judicial conciliation in order to comprehensively analyse the institutions observed in the thesis. In the context of the analysed topic of the thesis and taking into account the challenges faced therein, it is important to note that the author of the thesis provides recommendations which would allow making assumptions that could help to develop a system of peaceful dispute settlement, which would be more effective and would satisfy the interests and needs of subjects of legal relations
Legal status of bankruptcy and restructuring administrators in lithuania and other countries.
No full textThe special operative entity might be generally identified as an insolvency administrator in bankruptcy and restructuring processes of enterprise. Insolvency administrator is a profit-seeking business entity that has the right to provide bankruptcy and restructuring administration services, and in the performance of an insolvent company administration, represents both the company’s and its creditors’ legitimate interests. Administrator has got the law granted comprehensive authority and by excercising it effectively the insolvency practitioner contributes to the success of the whole bankruptcy and restructuring procedure. Thus, the subject of this work - insolvency administrator institute - is an interesting and debatable topic both in Lithuania and abroad. The structure of the work is determined by the purpose formulated in the introduction - to analyze the characteristics of the legal status of administrator, to assess the role of the entity in bankruptcy and restructuring processes and to discuss the experience of foreign countries on the subject. After running through the evolution of discussed institute, the main part of this work consists of Lithuanian legislation and case law analysis – the author identifies the administrators’ legal status problem areas and provides the trends for development of regulation. The aspects of insolvency administrators’ legal status are analyzed in the context of Lithuanian legal system as well as in other selected foreign countries - Germany, Russia, Great Britain, Finland and Slovenia. The analysis of administrative activities ends with the general conclusions concerning the legal status of insolvency administrator, as well as implications for Lithuania's position in relation to foreign practices
Mediation as the Way of Dispute Resolution.
No full textConflicts exist as long as all society, but nobody could devise a perfect mechanism for resolving their disputes. Of all the existing methods of alternative dispute resolution, in this job author will speak only about the one – mediation - an informal method of dispute resolution, in which a neutral third party, the mediator, attempts to assist the parties in finding resolution to their problem through the mediation process. The high cost and long delays is associating with trial of civil matters. That’s way human needs the new way, which could help them to resolve conflicts more effectively. More and more we recognize the mediation as a process for saving relationship, finding the main reasons of dispute, also people are treated with respect in this procedure, they can save their dignity. There are some reasons for this point. First, mediation has no goal to find the guilty or innocence. The second, parties are equal and they can decide which settlement is the best in this situation. Third, litigation is always stressful, while mediation has no disconcerting formalism. Premises of mediation have come in Lithuania only with new Civil Code. By applying mediation can be resolved mostly civil matters as divorce, commercial treaties, employment. There is no direct regulation in Lithuanian domestic law, but we can find some regulations in various legal documents and international treaties. Direct procedure of mediation process is also not regulated, but the essential principles should be taken from UNCITRAL regulation and European Mediator’s Ethics Code. Particular domestic law regulation would help to reach the purposes of mediation: to resolve conflicts peacefully and to make parties more understanding
Legitimacy of the existence (non-existence) of review in arbitration.
No full textThis master’s work reveals the issue of whether or not the existence or non-existence of review of an arbitral award is legitimate. This work identifies on the one hand, the correlation in the parties’ interest to agree to submit their dispute to arbitration and on the other hand the way in which the legal system strives to control this alternative dispute resolution. The thesis tackles the issue of the court intervention in arbitration and strives to depict the legitimate extent of review in order no to diminish the role of arbitration. The first chapter of the thesis presents the grounds of review in arbitration and their legal legitimacy. It also tackles the question regarding whether or not the aforementioned bases are too extensive. From the research made it is clear that these grounds are legitimate and thus the role of arbitration is not underminedand the interest of the state to control arbitration to a certain level is assured. These factors lead to legal and legitimate arbitral award. The next chapter displays the necessity and legitimacy of review in arbitration. The arguments of both the opponents and advocates to arbitration are put forth in this chapter wherein it is made clear that the latter position prevails. In the third chapter reference is made to the fact that review is not absolute. This thesis confirms that in certain cases review in arbitration is no longer available. Finally the chapter provides an overview of how the review of arbitration is tackled under different regulations in different states. This is done in order to identify the pros and cons of the review in different jurisdictions so as to eventually come up with an optimal model of review
Reform of insolvency procedures: ways and delusions.
No full textReform of Insolvency Procedures: Ways and Delusions. The replacement of the Law on Enterprise Bankruptcy and the Law on Enterprise Restructuring by one consolidated Law on Insolvency of Legal Persons is to be considered as one of the major reforms implemented in Lithuania in 2020 affecting the daily economic life. This insolvency reform has introduced many changes and innovations into Lithuanian insolvency law, which not only reconcile procedural differences in insolvency procedures, create preconditions for the rehabilitation of legal persons who are in financial difficulties, but also change a fundamental subject such as the concept of insolvency. Accordingly, the main objective of this master's thesis is to evaluate the insolvency reform of legal persons, identifying the advantages and disadvantages of the changes introduced by the new regulation, based on the practice of foreign countries and international recommendations. The work is structured in such way that the first section analyses the factors behind the insolvency reform that led to its emergence, and then moves on to the presentation of specific reform goals and objectives. After the analysis of will of the legislator, the second section of the work is devoted to the analysis and evaluation of the innovations and changes introduced, identifying the pros and cons of the reform, the potential risks, based on EU practice and various international recommendations on legislation of insolvency law. The final sub-section summarizes the likely impact of insolvency reform and looks at possible perspectives on the Law on Insolvency of Legal Persons, taking into account Lithuania's external and internal factors that may influence insolvency regulation in the future. After the evaluation of the reform of insolvency procedures, the work ends with an assessment of the changes and innovations that have been made, as well as an overview of critical moments that are likely to require the attention of the legislator in further improving Lithuanian insolvency law
Moksliniai biobankai: mišrus asmens sutikimas kaip biomedicininių tyrimų laisvės prielaida.
No full textThe purpose of the research biobanks is to collect human biological samples and the related information important for biomedical research, which in the future can be used for comprehensive scientific research. Such research would assist in creating new medicine, acquiring knowledge on the illness-inducing factors, analysing the complex research that the state should invest into in order to assure the public health protection and save funds required for treatment. However, in spite of the undeniably positive effect of the biobank operations, one should not ignore the theoretical and practical or even ethical problems arising from the operations of the biobanks. Thus, the present research analysis of the various problems occurring in foreign countries is an attempt to find and propose for Lithuania such a legal regime (paying the main attention for the proper consent model of the person), which would maximally protect the human rights, but also would not deny the very essence of the research to have an opportunity for a free choice of the scope of the research, the opportunity to experiment, and in this way to make discoveries in the field of health that are important for all the society. The present scientific analysis is comprised of an introduction, four chapters, the author’s practical suggestions for Lithuania, and conclusions that summarise the results of the research. The final part of the research includes the bibliography, the list of the author‘s scientific publications and conference presentations as well as Appendices: a sample of a personal consent form for the biobank and a questionnaire used during the research preparation process for a quantitative research – interviews of the experts closely related to the health protection and biobank operations
Research biobanks: mixed consent as the prerequisite for the freedom of biomedical research.
No full textThe purpose of the research biobanks is to collect human biological samples and the related information important for biomedical research, which in the future can be used for comprehensive scientific research. Such research would assist in creating new medicine, acquiring knowledge on the illness-inducing factors, analysing the complex research that the state should invest into in order to assure the public health protection and save funds required for treatment. However, in spite of the undeniably positive effect of the biobank operations, one should not ignore the theoretical and practical or even ethical problems arising from the operations of the biobanks. Thus, the present research analysis of the various problems occurring in foreign countries is an attempt to find and propose for Lithuania such a legal regime (paying the main attention for the proper consent model of the person), which would maximally protect the human rights, but also would not deny the very essence of the research to have an opportunity for a free choice of the scope of the research, the opportunity to experiment, and in this way to make discoveries in the field of health that are important for all the society. The present scientific analysis is comprised of an introduction, four chapters, the author’s practical suggestions for Lithuania, and conclusions that summarise the results of the research. The final part of the research includes the bibliography, the list of the author‘s scientific publications and conference presentations as well as Appendices: a sample of a personal consent form for the biobank and a questionnaire used during the research preparation process for a quantitative research – interviews of the experts closely related to the health protection and biobank operations
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