ISSN / EISSN : 1392-1274 / 1392-1274
Published by: Vilnius University Press (10.15388)
Total articles ≅ 740
Latest articles in this journal
Teisė, Volume 119, pp 118-130; https://doi.org/10.15388/teise.2021.119.7
This article examines the nature of maximum harmonization that underlies the Consumer Sales Directive, the goals of such choice, its practical implications, and argues that even though the level of consumer protection will not be radically changed due to the implementation of this directive, its adoption prompts legal instruments regarding consumer protection as tools for deeper market integration rather than solutions for fundamental problems which consumers face.
Teisė, Volume 119, pp 8-30; https://doi.org/10.15388/teise.2021.119.1
The rule of law is a principle of constitutional importance under the European Convention on Human Rights. For decades, it has guided the work of the Strasbourg Court. The article discusses the principle’s ideological core as a fundamental component of “European public order” and its three normative dimensions, as they find their expression in the case-law of the Court. The author then discusses in detail the rule of law’s most important structural principle under the Convention, the independence of the judiciary.
Teisė, Volume 119, pp 52-65; https://doi.org/10.15388/teise.2021.119.3
This article discloses the conception of CCCTB and the relations between CCCTB and the legal regulation of financial accounting, including an analysis of concrete examples of how financial accounting rules are applied in CCCTB. The research highlights the necessity of applying financial accounting standards in CCCTB.
Teisė, Volume 119, pp 157-172; https://doi.org/10.15388/teise.2021.119.10
The 1950s debate between the British and American legal philosophers, Lon Fuller and Herbert Hart, has been a clash between the positivist and natural theories of origination of law and jurisprudence, with the former method primarily suggesting that law and morality are not necessarily interconnected, though may coincide in some occurrences, while the latter sticks to development of law that is based upon the mores and values related to human nature, which creates the standards that society should follow in order to function properly. The former approach, as it is argued, is not actually deprived of moral factors. To examine how these debates could work on practice, I decided to choose the early developments of the general right to privacy as an example of “penumbral” rights and to review the positions of various courts within adjudicating cases in respect with the general right to privacy.
Teisė, Volume 119, pp 173-180; https://doi.org/10.15388/teise.2021.119.11
Passing of risk is an indispensable issue of contract of sale transactions. It determines which party bears the loss or damage of goods. This issue is more important in international commercial transactions than in national contract of sale transactions. Therefore, CISG lays down rules on passing of risk. CISG Articles 66–70 regulate passing of risk provisions. The purpose of this paper is to analyse CISG Articles 66–70.
Teisė, Volume 119, pp 31-51; https://doi.org/10.15388/teise.2021.119.2
Straipsnyje analizuojamos teisėkūros, koreguojančios Lietuvos Respublikos baudžiamojo kodekso Specialiosios dalies nuostatas, tendencijos, taip pat nagrinėjama konstitucinė jurisprudencija, kurioje buvo tiriama atskirų Baudžiamojo kodekso Specialiosios dalies nuostatų atitiktis Lietuvos Respublikos Konstitucijai, ir Konstitucinio Teismo baigiamųjų aktų reikšmė baudžiamajai teisėkūrai.
Teisė, Volume 119, pp 131-148; https://doi.org/10.15388/teise.2021.119.8
The present article analyses the essence and purpose of the supervision of the activities of economic operators as a field of public administration, as well as its expression and evaluation in national administrative law. It raises the question of whether there has been a paradigmatic shift in the supervision of the activities of economic operators and in what ways it is being expressed.
Teisė, Volume 119, pp 89-104; https://doi.org/10.15388/teise.2021.119.5
According to the current legal regulation of Lithuanian companies, the manager and the members of the board of the subsidiary have a duty to act only in the interests of the subsidiary and do not have the opportunity to act in the interests of the group of companies. Meanwhile, the provisions of Section 16 of Chapter 15 of European Model Companies Act provide the possibility for the manager and the members of the board of the subsidiary to act in the interests of the group of companies. Accordingly, the present article analyses whether the current legal framework in Lithuania should be changed by providing the possibility for the manager and the members of the board of the subsidiary to act in the interests of the group of companies.
Teisė, Volume 119, pp 105-117; https://doi.org/10.15388/teise.2021.119.6
The article analyses the importance of the admissibility of evidence in Lithuanian civil proceedings. The analysis of various sources of law allows to link the admissibility of evidence in civil proceedings not only with one of the features of evidence, but also with the objectives of this institute in civil proceedings: ensuring the quality of proof, the cost-efficient process, a fair and just trial, and other values.The reduction of the importance of the admissibility of evidence is essentially influenced by aspects related to the whole evidentiary process – the principle of free evaluation of evidence, the purpose of determination of material truth, and procedural norms establishing the judge as the final assessor of admissibility of evidence and facts. The objectives of the admissibility of evidence in civil proceedings make it necessary to find possible solutions that ensure a more appropriate relationship between the admissibility of evidence and the reasons of its importance.
Teisė, Volume 119, pp 149-156; https://doi.org/10.15388/teise.2021.119.9
This article explores innovations in the methodology and methods in the research of the legal facts theory. It substantiates the historical and theoretical approach for studying the theoretical achievements of legal systems of the past and the methodology of “mechanical” and “quantum-physical” jurisprudence for studying the theoretical achievements of modern jurisprudence.