Pub Date : 2022-07-05DOI: 10.15388/teise.2022.123.7
Tadas Lukošius
The paper examines the place of Roman law sources in the development of pre-classical or old canon law (ius antiquum). By looking at the evolution of ius antiquum from the perspective of changing Church-state relations, the author seeks to identify as to whether – and if yes, to what extent – sources of ius antiquum relied on the sources of Roman law.
{"title":"The Place of Roman Law Sources in the Development of Pre-Classical Canon Law (ius antiquum)","authors":"Tadas Lukošius","doi":"10.15388/teise.2022.123.7","DOIUrl":"https://doi.org/10.15388/teise.2022.123.7","url":null,"abstract":"The paper examines the place of Roman law sources in the development of pre-classical or old canon law (ius antiquum). By looking at the evolution of ius antiquum from the perspective of changing Church-state relations, the author seeks to identify as to whether – and if yes, to what extent – sources of ius antiquum relied on the sources of Roman law.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49574869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-05DOI: 10.15388/teise.2022.123.1
Gintaras Švedas, Justyna Levon
This article analyzes the aspects of the reasonableness of the new institute of suspension of the execution of an arrest punishment in the Republic of Lithuania. It identifies possible problematic aspects of the application of this institute and the ways to solve them.
{"title":"Problematical Aspects of the Suspension of the Execution of an Arrest Punishment in Lithuania","authors":"Gintaras Švedas, Justyna Levon","doi":"10.15388/teise.2022.123.1","DOIUrl":"https://doi.org/10.15388/teise.2022.123.1","url":null,"abstract":"This article analyzes the aspects of the reasonableness of the new institute of suspension of the execution of an arrest punishment in the Republic of Lithuania. It identifies possible problematic aspects of the application of this institute and the ways to solve them.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987013","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-05DOI: 10.15388/teise.2022.123.3
Jevgenij Machovenko
This article determines, based on legal norms, case law, and the scientific doctrine, the significance of legal customs in Lithuania in 1918–1940: it describes the legal customs in the status quo res erant ante bellum, i.e., in relation to which social groups and to what extent were the customs applied in Lithuania under the law of the Russian Empire. The significance of the constitutional provision on the reception of pre-war law for legal customs is revealed. The paper also describes the policy of the legislator with regard to legal customs, the limits of the application of customs by law, and the tendencies of legislation in this regard.
{"title":"Application of Legal Customs in Lithuania in 1918–1940","authors":"Jevgenij Machovenko","doi":"10.15388/teise.2022.123.3","DOIUrl":"https://doi.org/10.15388/teise.2022.123.3","url":null,"abstract":"This article determines, based on legal norms, case law, and the scientific doctrine, the significance of legal customs in Lithuania in 1918–1940: it describes the legal customs in the status quo res erant ante bellum, i.e., in relation to which social groups and to what extent were the customs applied in Lithuania under the law of the Russian Empire. The significance of the constitutional provision on the reception of pre-war law for legal customs is revealed. The paper also describes the policy of the legislator with regard to legal customs, the limits of the application of customs by law, and the tendencies of legislation in this regard.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47568305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-30DOI: 10.15388/teise.2022.122.3
Egidija Tamošiūnienė, Vigintas Višinskis, Audronė Balsiukienė, Mykolas Kirkutis
This article examines the problems of the legal status of members of a legal entity in bankruptcy proceedings. The article discusses the interest of member of a legal entity in the bankruptcy proceedings and what circumstances justify their participation in this process. The rights and obligations of members of a legal person at the stage of initiation and execution of bankruptcy proceedings are also examined. It analyzes the actions that can be taken by members of a legal entity in order to restore the solvency of the legal entity and terminate bankruptcy proceedings. The article also analyzes the problems of the position of an individual company owner in the bankruptcy proceedings of an individual company.
{"title":"The Legal Status of Members of a Legal Entity in Bankruptcy Proceedings","authors":"Egidija Tamošiūnienė, Vigintas Višinskis, Audronė Balsiukienė, Mykolas Kirkutis","doi":"10.15388/teise.2022.122.3","DOIUrl":"https://doi.org/10.15388/teise.2022.122.3","url":null,"abstract":"This article examines the problems of the legal status of members of a legal entity in bankruptcy proceedings. The article discusses the interest of member of a legal entity in the bankruptcy proceedings and what circumstances justify their participation in this process. The rights and obligations of members of a legal person at the stage of initiation and execution of bankruptcy proceedings are also examined. It analyzes the actions that can be taken by members of a legal entity in order to restore the solvency of the legal entity and terminate bankruptcy proceedings. The article also analyzes the problems of the position of an individual company owner in the bankruptcy proceedings of an individual company.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-30DOI: 10.15388/teise.2022.122.9
A. Lytvynenko
The aim of the paper is to investigate the development of medical law and jurisprudence in the Republic of Latvia during its First Period of Independence (1918–1940), with a particular focus on the liability of doctors for instances of negligence that occurred during the fulfillment of their professional duties. The author seeks to identify the main routes of the emergence of medical liability in the Republic of Latvia, the influence of the laws and legal precedents on the adoption of national legislation relating to medical liability, and the development of case law relating to medical malpractice by Latvian courts during the First Period of Independence.
{"title":"Medical Liability in the First Period of Independence of Latvia (1918–1940)","authors":"A. Lytvynenko","doi":"10.15388/teise.2022.122.9","DOIUrl":"https://doi.org/10.15388/teise.2022.122.9","url":null,"abstract":"The aim of the paper is to investigate the development of medical law and jurisprudence in the Republic of Latvia during its First Period of Independence (1918–1940), with a particular focus on the liability of doctors for instances of negligence that occurred during the fulfillment of their professional duties. The author seeks to identify the main routes of the emergence of medical liability in the Republic of Latvia, the influence of the laws and legal precedents on the adoption of national legislation relating to medical liability, and the development of case law relating to medical malpractice by Latvian courts during the First Period of Independence.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-30DOI: 10.15388/teise.2022.122.7
Jevgenij Machovenko, D. Valančienė
The article deals with identifying provisions of the 1918–1919 Lithuanian Constitutional Acts, which entrench the democratic political regime of the state. It discloses and assesses their dynamics, describes the nation’s sovereignty, elements of direct and representative democracy, and parliamentarism.
{"title":"The Political Regime of the State According to 1918–1919 Lithuanian Constitutional Acts","authors":"Jevgenij Machovenko, D. Valančienė","doi":"10.15388/teise.2022.122.7","DOIUrl":"https://doi.org/10.15388/teise.2022.122.7","url":null,"abstract":"The article deals with identifying provisions of the 1918–1919 Lithuanian Constitutional Acts, which entrench the democratic political regime of the state. It discloses and assesses their dynamics, describes the nation’s sovereignty, elements of direct and representative democracy, and parliamentarism.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-30DOI: 10.15388/teise.2022.122.2
Edita Gruodytė, S. Milčiuvienė, Rasa Volungevičienė, Reda Molienė
This article examines the intersection differing the supremacy of law, the effectiveness of the protection of the financial interests of the European Union, and the principles of legality the same as predictability of the law in EU criminal law. The authors analyze the jurisprudence of the Court of Justice, assessing cases where the principle of the supremacy of EU law is applied to ensure the effective protection of the Union’s financial interests and where the ECJ imposes mandatory exceptions to this principle for national courts. In order to strike a balance between the principles of effectiveness and legal predictability, different liability conditions are assessed for a natural person and a Member State that fails to fulfill its obligation to protect the EU’s financial interests.
{"title":"Interaction of EU Financial Interest and Legal Principles in EU Criminal Law","authors":"Edita Gruodytė, S. Milčiuvienė, Rasa Volungevičienė, Reda Molienė","doi":"10.15388/teise.2022.122.2","DOIUrl":"https://doi.org/10.15388/teise.2022.122.2","url":null,"abstract":"This article examines the intersection differing the supremacy of law, the effectiveness of the protection of the financial interests of the European Union, and the principles of legality the same as predictability of the law in EU criminal law. The authors analyze the jurisprudence of the Court of Justice, assessing cases where the principle of the supremacy of EU law is applied to ensure the effective protection of the Union’s financial interests and where the ECJ imposes mandatory exceptions to this principle for national courts. In order to strike a balance between the principles of effectiveness and legal predictability, different liability conditions are assessed for a natural person and a Member State that fails to fulfill its obligation to protect the EU’s financial interests.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-30DOI: 10.15388/teise.2022.122.4
Jurgis Bartkus
This article analyzes the concept of admissibility of evidence in Lithuanian civil proceedings and arbitration. The first part of the article reviews the past and current legislation, case law and doctrine, which reveal the concepts of the admissibility of evidence in both civil and arbitral proceedings.The second part of the article provides a critical assessment of these concepts. It is proposed to improve the concept of the admissibility of evidence in civil proceedings, and an alternative of this concept is presented. As far as arbitration law is concerned, it is acknowledged that the concept of the admissibility of evidence in arbitration causes legal uncertainty in the proceedings, which forces to consider possible corrections to this concept.
{"title":"The Concept of the Admissibility of Evidence in Lithuanian Civil Procedure and Arbitration","authors":"Jurgis Bartkus","doi":"10.15388/teise.2022.122.4","DOIUrl":"https://doi.org/10.15388/teise.2022.122.4","url":null,"abstract":"This article analyzes the concept of admissibility of evidence in Lithuanian civil proceedings and arbitration. The first part of the article reviews the past and current legislation, case law and doctrine, which reveal the concepts of the admissibility of evidence in both civil and arbitral proceedings.The second part of the article provides a critical assessment of these concepts. It is proposed to improve the concept of the admissibility of evidence in civil proceedings, and an alternative of this concept is presented. As far as arbitration law is concerned, it is acknowledged that the concept of the admissibility of evidence in arbitration causes legal uncertainty in the proceedings, which forces to consider possible corrections to this concept.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-30DOI: 10.15388/teise.2022.122.8
G. Valickas, Kristina Vanagaitė
The article examines the character, similarities and differences of the image (or its separate components) of public prosecutors and prosecutorial offices perceived by the prosecutors (n = 322), police officers (n = 113), attorneys (n = 85), judges (n = 103) and the general public representing different age groups (n = 623), as well as the relations among the image of prosecutors and prosecutorial offices, experience accumulated by participants, and sociodemographic characteristics.
{"title":"The Image of Lithuanian Public Prosecutors and Prosecutorial Offices","authors":"G. Valickas, Kristina Vanagaitė","doi":"10.15388/teise.2022.122.8","DOIUrl":"https://doi.org/10.15388/teise.2022.122.8","url":null,"abstract":"The article examines the character, similarities and differences of the image (or its separate components) of public prosecutors and prosecutorial offices perceived by the prosecutors (n = 322), police officers (n = 113), attorneys (n = 85), judges (n = 103) and the general public representing different age groups (n = 623), as well as the relations among the image of prosecutors and prosecutorial offices, experience accumulated by participants, and sociodemographic characteristics.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-30DOI: 10.15388/teise.2022.122.10
K. Militsyna
This article is about the legal personhood of artificial intelligence as one of the existing options of regulating AI and coping with the challenges arising out of its functioning. It begins with the search for the definition of AI and goes on to consider the arguments against the legal personhood of AI, the options of such a legal personhood, and the factors taken into account in devising the legal personhood of AI. The article ends with our vision of the legal personhood of AI.
{"title":"Legal Personhood for Artificial Intelligence: Pro, Contra, Abstain?","authors":"K. Militsyna","doi":"10.15388/teise.2022.122.10","DOIUrl":"https://doi.org/10.15388/teise.2022.122.10","url":null,"abstract":"This article is about the legal personhood of artificial intelligence as one of the existing options of regulating AI and coping with the challenges arising out of its functioning. It begins with the search for the definition of AI and goes on to consider the arguments against the legal personhood of AI, the options of such a legal personhood, and the factors taken into account in devising the legal personhood of AI. The article ends with our vision of the legal personhood of AI.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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