Newly Disclosed Circumstances as the Basis of the Renewal of the Proceedings in the Civil Case

Darius Bolzanas

Abstract


The article deals with one basis of the renewal of the proceedings in the civil case– the essence of newly disclosed circumstances, their conception, attributes that are established in the legal doctrine of Lithuania, legal regulation and case law. The author expresses his attitude towards the identifying attributes of newly disclosed circumstances while generalizing these attributes as conditions and analyzing each of them at length. The article reveals the case law examples which illustrate that it is not always easy to determine whether the circumstances are considered to be newly disclosed and provide the basis of the renewal of the proceedings of the closed case or it is nevertheless true that a particular circumstance does not satisfy all the requirements. Having conducted the analysis, the conclusion is to be made that newly disclosed circumstances are considered to be legal facts comprising the matter of proof in the case which were present while trying the case in the court of first instance.

Keywords


civil procedure; the renewal of the proceedings; the newly disclosed circumstances in the case; the existence of the legal fact; finding out about the legal fact; the connection

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236