Law Of Lithuania
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Lithuanian law is a part of the
legal system A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is th ...
of
Lithuania Lithuania, officially the Republic of Lithuania, is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea, bordered by Latvia to the north, Belarus to the east and south, P ...
. It belongs to the civil law legal system, as opposed to the
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
legal system. The legal system of Lithuania is based on
epitome An epitome (; , from ἐπιτέμνειν ''epitemnein'' meaning "to cut short") is a summary or miniature form, or an instance that represents a larger reality, also used as a synonym for embodiment. Epitomacy represents "to the degree of." A ...
s of the French and German systems. The Lithuanian legal system is grounded on the principles laid out in the Constitution of the Republic of Lithuania and safeguarded by the Constitutional Court of the Republic of Lithuania.


History

The origins of Lithuanian law trace back to the first written source, the Casimir Code (), published in 1468 by the Grand Duke of Lithuania Casimir Jagiellon with the Lithuanian Council of Lords. It is considered to be the first codified law of the
Grand Duchy of Lithuania The Grand Duchy of Lithuania was a sovereign state in northeastern Europe that existed from the 13th century, succeeding the Kingdom of Lithuania, to the late 18th century, when the territory was suppressed during the 1795 Partitions of Poland, ...
. Statutes of Lithuania, published three times (in 1529, 1566 and 1588) were the most influent
legal code A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the co ...
s of Lithuania. The third variant of the Statute was in force in the territory of Lithuania until 1840 when it got replaced by the Russian laws. However, under the rule of the
Russian Empire The Russian Empire was an empire that spanned most of northern Eurasia from its establishment in November 1721 until the proclamation of the Russian Republic in September 1917. At its height in the late 19th century, it covered about , roughl ...
, there were three separate civil law systems in force in Lithuania: in
Suvalkija Suvalkija or Sudovia ( or ''Sūduva'') is the smallest of the five cultural regions of Lithuania. Its unofficial capital is Marijampolė. People from Suvalkija (Suvalkijans) are called (plural) or (singular) in Lithuanian. It is located sout ...
the
Napoleonic Code The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since i ...
was still applied, whereas the
German law The law of Germany (), that being the modern German legal system (), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example ...
was in force in
Klaipėda Region The Klaipėda Region () or Memel Territory ( or ''Memelgebiet'') was defined by the 1919 Treaty of Versailles in 1920 and refers to the northernmost part of the German province of East Prussia, when, as Memelland, it was put under the administr ...
. The legal system of independent Lithuania between the World Wars was influenced by the fact that three separate systems of civil law governed various parts of the country, while the autonomous Klaipėda Region had its own legal instruments. The notable difference from the rest of the state was the possibility of a secular
civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular. History Countries maintaining a popul ...
in the 1930s and 1940s. The drafting of Lithuanian legal codes went on for decades and was not completed until
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
. During the Soviet occupation, the adapted variation of the Soviet law was in force in Lithuania. After regaining of independence in 1990, the largely modified Soviet legal codes were in force for about a decade. The modern Constitution of Lithuania was adopted on 25 October 1992. In 2001 the Civil Code of Lithuania was passed in
Seimas The Seimas of the Republic of Lithuania (), or simply the Seimas ( ; ), is the unicameralism, unicameral legislative body of the Lithuania, Republic of Lithuania. The Seimas constitutes the legislative branch of Government of Lithuania, govern ...
. It was succeeded by the
Criminal Code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
and
Criminal Procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
Code in 2003. The approach to the
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
is
inquisitorial An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an ...
, as opposed to adversarial; it is generally characterised by an insistence on formality and rationalisation, as opposed to practicality and informality.


Civil and commercial law

The civil law and
commercial law Commercial law (or business law), which is also known by other names such as mercantile law or trade law depending on jurisdiction; is the body of law that applies to the rights, relations, and conduct of Legal person, persons and organizations ...
is codified in a single legal act - the Civil Code of the Republic of Lithuaniabr>
() which is in force since 1 July 2001. It is influenced by the civil codes of Quebec and the Netherlands. The commercial law in Lithuania is of an increasingly excellent drafting quality and the market in Lithuanian legal services is now increasingly competitive.


Legal science

Legal professionals are prepared and the law is researched in departments of three universities of Lithuania: * ''Law Faculty of
Vilnius University Vilnius University ( Lithuanian: ''Vilniaus universitetas'') is a public research university, which is the first and largest university in Lithuania, as well as one of the oldest and most prominent higher education institutions in Central and Ea ...
'', the oldest, established in 1641 - M.A., LL.D.; * ''Law Faculty of Mykolas Romeris University'' - B.A., M.A., LL.M., LL.D.; * ''Law School of
Vytautas Magnus University Vytautas Magnus University (VMU) (, VDU) is a public university in Kaunas, Lithuania. The university was founded in 1922 during the interwar period as an alternate national university. Initially it was known as the University of Lithuania, but ...
'' - LL.M.


Lawyers


International judges

* Egidijus Bieliūnas - a member of the
European Commission on Human Rights The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the 1998 entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court ...
; * Danutė Jočienė - the first female judge from Lithuania at the
European Court of Human Rights The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
and a
Docent The term "docent" is derived from the Latin word , which is the third-person plural present active indicative of ('to teach, to lecture'). Becoming a docent is often referred to as habilitation or doctor of science and is an academic qualifi ...
at Vilnius University; * Pranas Kūris - a judge at the
European Court of Justice The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting ...
; * Mykolas Romeris - a progenitor of the Lithuanian
Constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
school, judge at the Hague Tribunal; * Vilenas Vadapalas - a judge at the
Court of First Instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
.


Prominent lawyers in Lithuania

* Vytautas Greičius - chairman of the Supreme Court of the Republic of Lithuania * Kęstutis Lapinskas - chairman of the Constitutional Court of the Republic of Lithuania * Valentinas Mikelėnas - a former justice at the
Supreme Court of Lithuania Supreme may refer to: Entertainment * Supreme (character), a comic book superhero created by Rob Liefeld * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * ...
and a most prominent Lithuanian civil law scholar to date * Vytautas Milius - chairman of the Court of Appeal of Lithuania * Stanisław Narutowicz - a signatory of the Act of Independence of Lithuania * Artūras Paulauskas - a former chairman of the Parliament of Lithuania *
Mykolas Sleževičius Mykolas Sleževičius (21 February 1882 – 11 November 1939) was a Lithuanian lawyer, political and cultural figure, and journalist. One of the most influential figures in inter-war Lithuania, he served as the prime minister of Lithuania on thr ...
- a former
prime minister of Lithuania The prime minister of Lithuania (, , colloquially also referred to as the premier ) is the head of government of Lithuania. The prime minister is appointed by the President of Lithuania, president with the assent of the Lithuanian parliament, th ...
*
Jokūbas Šernas Jokūbas Šernas (14 June 1888 – 31 July 1926) was a Lithuanian attorney, journalist, teacher and banker, one of the twenty signatories to the Act of Independence of Lithuania. Born in Biržai, he studied law at the University of St. Peters ...
- a signatory to the Act of Independence of Lithuania * Antanas Tumėnas - a former
minister of justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
and prime minister of Lithuania * Virgilijus Valančius - chairman of the Supreme Administrative Court of the Republic of Lithuania


See also

* Legal systems of the world * '''' * ''''


References


External links


The official database of legal acts of Lithuania
- in the website of Seimas {{DEFAULTSORT:Law Of Lithuania