The Problem of the Establishment of Truth in the Course of Civil Process (article in Lithuanian)

Žilvinas Terebeiza

Abstract


The definition of the content of the principle of competition and the dispositive principle, their application limits, and the relation of court and its parties during the evidentiary process in positive law will determine whether the establishment of truth can be named as one of the aims of civil process. Since Lithuania regained its independence the objective of law makers to warrant operational efficiency of the process, to turn from investigative process to the equality of arms has been obvious and progressive. They have emphasized the significance of the autonomy of parties, the principles of the equality of arms and operational efficiency and refused to embrace
the ideal of court role in the course of evidentiary process. The changed attitudes towards the role of parties and court in civil process determined different understanding of truth. This fact especially manifested itself after the reform of civil process implemented on the 1st of January in 2003, when a new Code of Civil Procedure of the Republic of Lithuania was carried out. The aims of civil process and new principles of civil process specified in the Code of Civil Procedure of the Republic of Lithuania encouraged the appearance of the discussion—what concept of truth should be the ground of civil process.

Keywords


civil process law; evidentiary process; the establishment of truth; objective truth; material truth

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