Encyclopedia of Private International Law
Show Less

Encyclopedia of Private International Law

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. Equally, so has the number of legislative activities on the national, international and, most importantly, the European level. With a world-class editor team, 500 content items and authorship from almost 200 of the world’s foremost scholars, the Encyclopedia of Private International Law is the definitive reference work in the field. 57 different countries are represented by authors who shed light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The Encyclopedia consists of three inter-linked pillars, enhanced by sophisticated search and cross-linking functionality. The first pillar consists of A-Z coverage of the scope and substance of Private International Law in the form of 247 entries. The second pillar comprises detailed overviews of the Private International Law regimes of 80 countries. The third pillar presents valuable, and often unique, English language translations of the national codifications and Private International Law provisions of those countries. This invaluable combination represents a powerful research tool and an indispensable reference resource.
Buy Book in Print
Show Summary Details
Limited access

Lithuania

Civil Code of the Republic of Lithuania1

18 July 2000 No VIII-1864 Vilnius

Book One General Provisions

Part I Civil laws and their application

[…]

Chapter II Private International Law

Section One General Provisions

Article 1.10. Application of foreign law

  • Foreign law shall apply to civil relationships where it is so provided for by the international treaties of the Republic of Lithuania, agreements between the parties or the laws of the Republic of Lithuania.

  • A reference to foreign law shall include all the provisions applicable to the facts of a case under that law. The application of a provision of foreign law may not be precluded solely because of the provision being attributed to public law.

  • A reference to an applicable foreign law means a reference to the national material law of the state concerned, but not a reference to the private international law of that state, except in cases provided for by this Code.

  • Where the legal system of the state to which the renvoi is made by the provisions of this Code comprises different legal systems based on the criteria of division into several territorial units, a reference to an applicable foreign law shall mean a reference to the legal system of the relevant territory determined in accordance with the criteria established in the law of that foreign state.

  • Where the legal system of the state to which renvoi is made by the provisions of this Code comprises several legal systems applied to different categories of persons, the applicable legal systems shall be determined in accordance with the criteria established in the law of that foreign state.

  • Where the criteria foreseen in paragraphs 4 and 5 of this Article may not be identified within the scope of the applicable foreign law, the law of the legal system to which the relevant case is most closely connected shall apply.p. 3470

Article 1.11. Limitation of the application of foreign law

  • The provisions of foreign law shall not be applied where the application thereof might be inconsistent with the public order established by the Constitution of the Republic of Lithuania and other laws. In such instances, the civil laws of the Republic of Lithuania shall apply.

  • Mandatory provisions of laws of the Republic of Lithuania or those of any other state most closely related with a dispute shall be applicable regardless of the fact that another foreign law has been agreed upon by the parties. In deciding on these issues, the court shall take into consideration the nature of these provisions, their purpose and the consequences of application or non-application thereof.

  • In accordance with this Code, the applicable foreign law may not be given effect where, in the light of all attendant circumstances of the case, it becomes evident that the foreign law concerned is clearly not pertinent to the case or its part, with the case in question being more closely connected with the law of another state. This provision shall not apply where the applicable law is determined by the agreement of the parties.

Article 1.12. Determination of the content of foreign law

  • In the cases established by the international treaties of the Republic of Lithuania or by the laws of the Republic of Lithuania, the application, interpretation and determination of the content of foreign law shall be performed by the court ex officio (on its own initiative).

  • In the instances where the application of foreign law is established upon agreement between the parties, the burden of proof in relation to the content of the applicable foreign law in accordance with its official interpretation, practice of application and the law doctrine in the relevant foreign state, shall be imposed on the disputing party that refers to the foreign law. Upon request of the disputing party, the court may provide assistance in collecting information on the applicable foreign law.

  • If the court or the disputing party that refers to foreign law fails to perform the obligation indicated in paragraphs 1 and 2 of this Article, the law of the Republic of Lithuania shall apply.

  • In the exceptional cases where it is necessary to take immediate interim measures to protect the rights or the property of a person, the court may decide on the urgent questions by applying the law of the Republic of Lithuania pending the determination of the law applicable to the dispute and the content thereof.

Article 1.13. International treaties

  • Where the provisions established in the international treaties of the Republic of Lithuania are different from those determined by the present Code and other laws of the Republic of Lithuania, the provisions of the international treaties of the Republic of Lithuania shall apply.

  • The international treaties of the Republic of Lithuania shall apply to civil relationships directly, except in cases where an international treaty establishes that a special national legal act is necessary for its application.

  • The provisions of international treaties shall be applied and interpreted in accordance with their international character and the necessity to guarantee a unified interpretation and application thereof.

Article 1.14. Referring back and referring to the law of a third state (renvoi)

  • If the applicable foreign law refers back to the Lithuanian law, that reference shall be observed only in the instances provided for by this Code or the foreign law

  • If the applicable foreign law refers to the law of a third state, that reference shall be observed only in the instances provided for by this Code or the law of the third state.

  • If in the matters of determining the civil legal status of a person, the applicable foreign law refers back to the law of the Republic of Lithuania, such reference shall be observed.

  • p. 3471Paragraphs 1, 2 and 3 of this Article shall not apply in the instances where the applicable law has been chosen by the parties to a transaction, likewise in determining the applicable law to the form of a transaction and to non-contractual obligations.

  • Where the provisions of this Chapter provide for the application of an international treaty (convention), the matters of renvoi, i.e. referring back and referring to the law of a third state, shall be decided in accordance with the provisions of the applicable international treaty (convention).

Section Two Law Applicable To The Civil Legal Status Of Natural Persons

Article 1.15. Civil capacity of foreign citizens and stateless persons

  • Foreign citizens in the Republic of Lithuania shall possess the same civil capacity as the citizens of the Republic of Lithuania. Exceptions to this rule may be established by the laws of the Republic of Lithuania.

  • The time of birth and death of foreign citizens shall be determined in accordance with the law of the state where was the domicile of the foreign citizens (Article 2.12 of this Code) at the moment of their birth or death.

  • Stateless persons shall possess the same civil capacity as the citizens of the Republic of Lithuania. Special exceptions to this rule may be established by the laws of the Republic of Lithuania.

  • The time of birth and death of stateless persons shall be determined in accordance with the law of the state where was the domicile of the stateless persons at the moment of their birth or death.

Article 1.16.Civil active capacity of foreign citizens and stateless persons

  • Civil active capacity of foreign citizens or stateless persons shall be governed by the laws of their state of domicile.

  • If such persons have no domicile or it cannot be determined with certainty, their legal active capacity shall be determined in accordance with the laws of the state within the territory of which these persons formed a relevant transaction.

  • If a person has residence in more than one state, the law of the state with which he is the most closely connected shall apply.

  • The ascertainment of incapacity or limited capacity of foreign citizens and stateless persons with permanent residence in the Republic of Lithuania shall be governed by the laws of the Republic of Lithuania.

  • A change of domicile shall not affect civil active capacity if that capacity was acquired prior to the change of domicile.

Article 1.17. Prohibition to invoke incapacity

  • A party to a transaction, who is incapable under the law of the state of his domicile may not invoke his incapacity if he was capable under the law of the state in which the transaction was formed, unless the other party was or should have been aware of the first party’s incapacity under the law of the state of the latter’s domicile.

  • Provisions of paragraph 1 of this Article shall not apply to family law and the law of succession, as well as to real rights.

Article 1.18. Declaration of foreign citizens and stateless persons to be missing or dead

Foreign citizens and stateless persons shall be acknowledged missing or declared dead in accordance with the law of the state of their last known domicile.p. 3472

Section Three Law Applicable To Legal Persons Or Any Other Organisations

Article 1.19. Civil capacity of foreign legal persons or any other organisations

  • Civil capacity of foreign legal persons or any other organisations shall be governed by the laws of the state where these persons or organizations are founded.

  • If the procedure of founding a foreign legal person or any other organisation has been violated, its civil capacity shall be determined by the law of the state of its actual functioning.

  • Irrespective of the state of foundation of a legal person or any other organisation, the civil capacity of its subdivisions shall be determined in accordance with the law of the Republic of Lithuania if the head office, principal place of business or other activity of the subdivision is located in the Republic of Lithuania.

  • Merger, association or transfer of the head office of legal persons or any other organizations, one of which is located in the Republic of Lithuania and the other in a foreign state, shall have effect on their civil capacity in the Republic of Lithuania only if implemented in conformity with the laws of both states concerned.

Article 1.20. Issues regulated in accordance with the applicable law

  • The following shall be regulated in accordance with the applicable law determined in Article 1.19 of this Code:

    • the legal nature (legal form and status) of a legal person or any other organization;

    • foundation, reorganization and liquidation of a legal person or any other organization;

    • the name of a legal person or any other organization;

    • the system and competence of the bodies of a legal person or any other organization;

    • civil liability of a legal person or any other organization;

    • the power to represent a legal person or any other organization;

    • legal effects of the violation of laws or incorporation documents;

  • Protection against infringement of the business name of a legal person or any other organization registered in the Republic of Lithuania shall be governed by the law of the Republic of Lithuania.

Article 1.21. Law applicable to the representative offices and branches of foreign legal persons or any other organizations

  • Representative offices and branches of foreign legal persons or any other organizations registered in the Republic of Lithuania shall be governed by the law of the Republic of Lithuania.

  • At least one of the persons acting on behalf of a representative office or a branch shall be bound to reside in the Republic of Lithuania. This provision shall not apply to representative offices or branches, established in the Republic of Lithuania, of the legal persons or other organizations of the member states of the European Union and the states of the European Economic Area.

  • The rights and obligations (competence) of the persons acting on behalf of a representative office or a branch registered in the Republic of Lithuania shall be determined by the law of the Republic of Lithuania.

Article 1.22. Law applicable to representatives of foreign legal persons or any other organizations and to their civil liability

  • If the business of a legal person or any other organization founded under foreign law is conducted in the Republic of Lithuania, the civil liability of the persons acting on behalf and in the interests of those legal persons or any other organizations shall be governed by the law of the Republic of Lithuania.

  • A legal person or any other organization may not claim for annulment or invalidity of a transaction formed by its body or any other representatives in excess of their competence (powers) if the law of the state where the domicile or the head office of the other party to the transaction is located does p. 3473not provide for any restrictions on their representative powers, unless the other party knew or, taking into account its position and the relationship with the other party, should have known of such restrictions.

Article 1.23. Law applicable to the state and state institutions as well as to local governments and local government institutions as subjects to civil legal relationships

Civil capacity of the state and state institutions as well as those of local governments and local government institutions shall be governed by the law of the state concerned.

Section Four Law Applicable To Family Legal Relationships

Article 1.24. Law applicable to a promise to marriage

  • A promise to marry and its legal effects shall be governed by the law of the state of domicile of the parties to the promise.

  • Where the parties to the promise of marriage are domiciled in different states, the promise of marriage and its legal effects shall be governed by the law of the place where the promise was made, or by the law of the state of domicile of one of the parties, or by the law of the state of citizenship of one of the parties, whichever law is most closely related with the dispute.

Article 1.25. Law applicable to the conditions to contract marriage

  • Matrimonial capacity and other conditions to contract marriage shall be governed by the law of the Republic of Lithuania.

  • Civil Registration Bureaus of the Republic of Lithuania shall have jurisdiction to perform the registration of marriage if either of the persons intending to marry is domiciled in the Republic of Lithuania or is a Lithuanian citizen at the time of solemnization of the marriage.

  • Matrimonial capacity and other conditions to contract marriage in respect of foreign citizens and stateless persons without Lithuanian domicile may be determined by the law of the state of domicile of both persons intending to marry if such marriage is recognized in the state of domicile of either of them.

  • A marriage validly performed abroad shall be recognized in the Republic of Lithuania, except in cases when both spouses domiciled in the Republic of Lithuania performed the marriage abroad with the purpose of evading grounds for nullity of their marriage under Lithuanian law.

Article 1.26. Law applicable to the procedure of contracting marriage

The procedure of contracting marriage shall be determined in accordance with the law of the state where the marriage is solemnized. Marriage shall also be recognized valid if the procedure of its contracting is in compliance with the requirements of the law of the state of domicile of either of the spouses or the law of the state of citizenship of either of them at the moment of solemnization of the marriage.

Article 1.27. Law applicable to personal relations between spouses

  • Personal relations between spouses shall be governed by the law of the state of their domicile.

  • Personal relations between the spouses domiciled in different states shall be governed by the law of the state of their last common domicile. Where the spouses have never had a common domicile, the law applicable to their personal relations shall be the law of the state to which the personal relations between the spouses are the most closely related. Where it is not possible to determine to the law of which state the personal relations between the spouses are the most closely related, the law of the state where the marriage was solemnized shall apply.

Article 1.28. Law applicable to matrimonial property relations between spouses

  • The matrimonial property legal regime shall be governed by the law of the state of domicile of the spouses. Where the spouses are domiciled in different states, the law of their common state p. 3474of citizenship shall apply. Where the spouses have never had a common domicile and are citizens of different states, the law of the state where the marriage was solemnized shall apply.

  • The law applicable to contractual legal regime of matrimonial property shall be determined by the law of the state chosen by the spouses upon agreement. In this event, the spouses may choose the law of the state in which they are both domiciled or will be domiciled in future, or the law of the state in which the marriage was solemnized, or the law of the state a citizen of which is one of the spouses. The agreement of the spouses upon the applicable law shall be valid if it is in compliance with the requirements of the law of the chosen state or the law of the state in which the agreement is made.

  • The applicable law chosen upon agreement of the spouses may be invoked against third persons only if they knew or should have known of that fact, i.e. if the third party knew or should have known the chosen law that governed the matrimonial property regime when the legal relationship commenced.

  • The applicable law chosen upon agreement of the spouses may be used in resolving a dispute related to real rights in immovable property only in the event if the requirements of public registration of this property and of the real rights therein, as determined by the law of the state where the property is located, were complied with.

  • Any agreed change of matrimonial property legal regime shall be governed by the law of the state of domicile of the spouses at the time of the change. If the spouses were domiciled in different states at the time of change of the matrimonial property legal regime, the applicable law shall be the law of their last common domicile, or failing that, the law governing matrimonial property relationships between the spouses.

Article 1.29. Law applicable to separation and dissolution of marriage

  • Separation and dissolution of marriage shall be governed by the law of the spouses’ state of domicile.

  • If the spouses do not have their common domicile, the law of the state of their last common domicile shall apply, or failing that, the law of the state where the case is tried.

  • If the law of the state of common citizenship of the spouses does not permit dissolution of marriage or imposes special conditions for dissolution, the dissolution of marriage may be performed in accordance with the law of the Republic of Lithuania if one of the spouses is also a Lithuanian citizen or is domiciled in the Republic of Lithuania.

Article 1.30. Jurisdiction in the cases of annulment, dissolution of marriage and separation

The courts of the Republic of Lithuania shall have jurisdiction over actions of annulment, dissolution of marriage or separation in the cases provided for by the Code of Civil Procedure of the Republic of Lithuania.

Article 1.31. Law applicable to the ascertainment of the origin of a child (legitimation)

  • The origin of a child (ascertainment or contest of paternity or maternity) shall be established either in accordance with the law of the state the citizenship of which the child acquired at his birth, or with the law of the state which is recognized as the domicile of the child at the time of his birth, or with the law of the state in which one of the child’s parents is domiciled, or with the law of the state the citizen of which one of the parents was at the time of the child’s birth, whichever is more beneficial to the child.

  • The consequences of legitimation shall be governed by the law of the state of domicile of the child.

  • If a child or one of his parents is domiciled in the Republic of Lithuania, the questions of legitimation shall be decided by the courts or other state institutions of the Republic of Lithuania.

  • The parents’ (the father’s or the mother’s) legal active capacity in acknowledging paternity (maternity) shall be governed by the law of the state of his or her domicile at the time of the acknowledgement. The form of the acknowledgement of paternity (maternity) shall be governed by the law of the state in which it is made or by the law of the state of the child’s domicile.

  • The provisions of this Article shall also apply to the legitimation of a child born out of wedlock.p. 3475

Article 1.32. Law applicable to relations between the parents and the child

  • Personal and property relationships between the parents and the child shall be governed by the law of the state of the child’s domicile.

  • If neither parent is domiciled in the state of the child’s domicile, while the child and the parents are citizens of the same state, the law of the state of their common citizenship shall apply.

Article 1.33. Law applicable to adoption relationship

  • Relationships of adoption shall be governed by the law of the state of the child’s domicile.

  • Where it becomes evident that the adoption performed according to the law of the state of the child’s (the adoptee’s) domicile will not be recognized in the state of domicile or citizenship of the adoptive parents (adoptive parent), the adoption may be performed pursuant to the law of the state of domicile or citizenship of the adopter (the adopters) if this will not prejudice the best interests of the child. If the recognition of adoption remains uncertain, the adoption shall not be allowed.

  • Relations between the adopted person (the adoptee) on the one side, and the adopting persons (the adopters) and the relatives of the latter on the other side shall be governed by the law of the state of the adopters’ (the adopter’s) domicile.

  • Cases related with adoption shall belong to the jurisdiction of the courts of the Republic of Lithuania if the child (the adoptee) or the adopting persons (adopting person) are domiciled in the Republic of Lithuania.

Article 1.34. Law applicable to protective measures in relation to minors, their guardianship and curatorship

Law applicable to protection of minors, their guardianship and curatorship shall be determined pursuant to the Hague Convention of 5 October 1961 concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Minors.

Article 1.35. Law applicable to guardianship and curatorship of family members who have reached majority

  • Guardianship and curatorship of family members who have reached majority shall be governed by the law of the state of such incapable persons’ domicile.

  • Cases related with guardianship or curatorship of persons who have reached majority shall belong to the jurisdiction of the courts of the Republic of Lithuania if the incapable person’s domicile or his property is located in the Republic of Lithuania.

Article 1.36. Law applicable to maintenance obligations (alimony relationships) within the family Maintenance obligations (alimony) within the family shall be governed by the Hague Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations.

Section Five Law Applicable To Contractual Obligations

Article 1.37. Law applicable to contractual obligations

  • Contractual obligations shall be governed by the law agreed by the parties. Such agreement of the parties may be expressed in the form of separate terms of the concluded contract or it may be determined in accordance with the factual circumstances of the case. The law of the state designated by the agreement of the contracting parties may be applied to the whole contract or only to a part or parts thereof.

  • The initially chosen law applicable to contractual obligations may be changed by the agreement of the parties at any time. A change of law shall be retroactive to the time the contract was concluded though such change may not adversely effect the rights of third persons and shall not prejudice the formal validity of the contract.

  • p. 3476The choice of the law applicable to a contract as made by the agreement of the parties may not be the grounds for refusing to apply the mandatory legal norms of the Republic of Lithuania or those of any other state that cannot be changed or declined by the agreement of the parties.

  • If no law applicable to a contractual obligation is designated by the agreement of the contracting parties, the law of the state with which the contractual obligation is most closely connected shall apply. The contractual obligation shall be presumed to be the most closely connected with the state in the territory of which:

    • the party bound to perform the obligation most characteristic to the contract is domiciled or has its central administration. If the obligation is most closely connected with the law of the state where the business of the party to the obligation is located, the law of that state shall apply;

    • immovable property is located, if the subject matter of the contract is the right in the immovable property or the right to its use;

    • was the place of the principal business of a carrier at the time when the contract for carriage was made, if the state of the principal business of the carrier is also the same state where the cargo was loaded, or the head office of the sender is located, or the place the cargo was dispatched from.

  • Paragraph 4 of this Article shall not apply where it is impossible to determine the place of performance of the obligation most characteristic to the contract and the presumptions established in this paragraph may not be relied upon as it is evident from the circumstances of the case that the contract is most closely connected with another state.

  • A contract of insurance shall be governed by the law of the state where the domicile or the place of business of the insurer is located; a contract of insurance in respect to an immovable thing shall be governed by the law of the state in the territory of which the thing is located.

  • An arbitration agreement shall be governed by the law applicable to the principal contract, and in the case of invalidity of the principal contract, by the law of the place where the arbitration agreement was concluded, where it is impossible to identify the place of conclusion, the law of the state in which arbitration is situated shall apply.

  • Contracts concluded in a stock exchange or auction shall be governed by the law of the state in which the stock exchange or auction is located.

Article 1.38. Law applicable to the form of transaction

  • The form of transaction shall be governed by the provisions established in paragraph 1 of Article 1.37 of this Code.

  • If no applicable law is designated by the agreement of the parties, the form of transaction shall be governed by the laws of the place where the parties entered into that transaction. A contract made by the parties residing in different states shall also be considered valid if its form corresponds to the legal requirements in respect of the form of the relevant transaction established in the national law of at least one of those states.

  • The form of transactions regarding an immovable thing or the rights therein shall be governed by the law of the state in which the immovable thing is located.

  • The form of consumer contracts is governed by the law of the place of the consumer’s domicile.

Article 1.39. Particularities of application of foreign law to consumer contracts

  • Not in force since 2014-06-13.

  • The right of the contracting parties established in paragraph 1 of Article 1.37 of this Code to make a choice of the law applicable to a contractual obligation shall not result in depriving or restricting the consumer of the right to protect his interests by the remedies determined by the provisions of the law of the state of his domicile if:

    • the formation of the contract in the state of his domicile was preceded by a special offer or by advertising in that country;

    • the consumer was induced by the other contracting party to travel to a foreign state for the purpose of forming the contract;

    • p. 3477the order was received by the other party or his agent from the consumer in the state of the latter’s domicile.

  • If the parties to a consumer contract have not made a choice of the applicable law, the law of the state in which the consumer is domiciled shall apply.

  • The provisions of this Article shall not apply to contracts for carriage, contracts for the supply of services where the services are to be supplied to the consumer exclusively in a country other than the Republic of Lithuania.

Article 1.40. Laws applicable to the form, time-limit of validity and content of a power of attorney The form of a power of attorney shall be governed by the law of the state in the territory of which it is issued. The time-limit of validity of a power of attorney, where it is not indicated in the document itself, the powers (rights and obligations) of the agent, the bilateral liability of the principal and the agent, and their liability in respect of third persons shall be governed by the law of the state in which the agent acts.

Article 1.41. Law applicable to gift

  • Gifts shall be governed by the law of the state of the donor’s domicile or his business activities with the exception of contracts upon gifting of an immovable thing, as such contracts shall be governed by the law of the state where that immovable thing is located.

  • A gift cannot be declared invalid as to its form if the form corresponds to the requirements of the law of the state in which the act of gift was performed, or of the law of the state of the donor’s domicile or his place of business activities.

Article 1.42 Law applicable to the assignment of a claim and the assumption of debt

  • Relations connected with the assignability of a claim and the assumption of a debt shall be governed by the law chosen by the parties upon agreement.

  • The choice of law made by the parties in the assignment of a claim may not be applied against the debtor without his consent to the application of the chosen law.

  • In the event of the parties not having made a choice of the applicable law, relations connected with the assignability of a claim and the assumption of a debt shall be regulated by the law governing the principal obligation, the claim arising from which (the debt) is to be assigned (assumed).

  • The form of the assignment of a claim or the assumption of a debt shall be governed by the law applicable to the contract of assignment or assumption.

Section Six Law Applicable To Delictual Obligations

Article 1.43. Law applicable to delictual obligations

  • Rights and obligations of the parties resulting from tort shall be governed, at the choice of the aggrieved party, either by the law of the state where the tortious act was committed or any other tortious circumstances occurred, or by the law of the state in which the damage occurred.

  • Where it is impossible to determine the place where the act was committed or other circumstances occurred, or the state in which the damage appeared, the law of the state most closely connected with the case upon reparation for damage shall apply.

  • After the incurrence of damage, the parties may agree that the law applicable to the reparation for damage shall be the law of the state where the case concerned is being heard.

  • If both parties are domiciled in the same state, the law of that state shall be applicable to the reparation for damage.

  • An obligation to make reparation for damage caused by defective products shall be governed by the law of the state where the damage was incurred if the aggrieved person is p. 3478domiciled in the same state, or it is the place of business of the person liable for the damage, or the products of inferior quality were acquired there by the aggrieved person. If the state of domicile of the aggrieved person coincides with the state of the place of business of the person liable for the damage caused, or with the state in which the defective product was acquired, the law of the state of the aggrieved person’s domicile shall apply. Where it is impossible to determine the applicable law in accordance with the criteria indicated in this paragraph, the law of the state where the business of the person liable for the damage is located shall apply, except in cases when the claim of the plaintiff is based on the law of the state in which the damage was made.

  • Terms of civil liability, its extent, the person liable and the terms of release from civil liability shall be governed by the law applicable to the obligations resulting from the delictual obligations.

Article 1.44. Law applicable to claims resulting from a traffic accident

Claims resulting from a traffic accident shall be governed by the Hague Convention of 4 May 1971 on the Law Applicable to Traffic Accidents.

Article 1.45. Law applicable to claims resulting from infringement of personal non-property rights

  • Claims for reparation of damage resulting from infringement of personal non-property rights committed by the mass media shall be governed, depending on the choice of the aggrieved person, by the law of the state where the aggrieved person is domiciled, or has his place of business, or where the infringement occurred, or by the law of the state where the person who caused the damage is domiciled or has his place of business.

  • Response to the media (denial) shall be governed by the law of the state in which the publication appeared, or the radio or television program was broadcast.

Article 1.46. Law applicable to claims for reparation of damage resulting from an act of unfair competition

Claims for reparation of damage resulting from an act of unfair competition shall be governed by the law of the state in whose market the negative effects of unfair competition occurred. If the act of unfair competition has affected exclusively the interests of an individual person, the applicable law shall be that of the state where the place of business of the aggrieved person is located.

Article 1.47. Plurality of debtors

If damage is caused by several persons, the applicable law shall be determined for each of them in accordance with the provisions of Article 1.43 of this Code.

Section Seven Law Applicable To Real Rights

Article 1.48. Law applicable to ownership legal relations

  • The ownership right and other real rights in an immovable and movable thing shall be governed by the law of the state where the thing was situated at the moment of change of its legal status. Acknowledgement of a thing to be movable or immovable shall be governed by the law of the state in which the relevant thing is located.

  • Official registration of the ownership right and other real rights shall be governed by the law of the state where the thing is located at the time of its registration.

  • The ownership right and other real rights in a thing in transit (cargo) shall be governed by the law of the state of destination of this thing.

  • The ownership right to an immovable thing resulting from acquisitive prescription shall be governed by the law of the state where the thing is located.

Article 1.49. The right of the parties to choose the law applicable to a movable thing

  • The parties may choose upon their agreement the law of the state of dispatch or the state of destination of the thing, or the law regulating the underlying legal transaction as the law applicable to the arisal and termination of the rights to the movable property.

  • p. 3479The choice of the applicable law may not affect the rights of third persons.

Article 1.50. Law applicable to encumbrance of the right in a movable thing

  • 1. Where a movable thing over which encumbrance of right was validly established abroad is imported into the Republic of Lithuania, that encumbrance shall be acknowledged to be likewise valid in the Republic of Lithuania.

  • Retention of title over a movable thing validly established abroad shall remain valid after that thing has been transported into the Republic of Lithuania, though such retention may not affect the rights of third persons in good faith.

  • Retention of title over a movable thing in transit shall be governed by the law of the state of its place of destination.

Article 1.51. Law applicable to pledge

  • The pledge of rights, securities and claims shall be governed by the law chosen by the parties, though the choice of law may not affect the rights of third persons.

  • In the absence of the parties’ choice of law, the pledge of claims and securities shall be governed by the law of the state where the place of domicile or business of the secured creditor is located; the pledge of other rights shall be governed by the law applicable to such rights.

Section Eight Law Applicable To Intellectual Property Rights

Article 1.52. Law applicable to contracts related to intellectual property rights

  • In the absence of the parties’ choice of applicable law (Article 1.37 of this Code), contracts related to intellectual property rights shall be governed by the law of the state where the party transferring the intellectual property rights or granting the use thereof has his domicile or the place of business.

  • Contracts between an employer and an employee regarding the rights to intellectual property created by the employee in the course of his employment shall be governed by the law applicable to employment contracts.

Article 1.53. Intellectual property rights and the law applicable to their protection

  • Intellectual property rights and their protection shall be governed by the law of the state where the protection of the intellectual property rights is sought.

  • In the event of infringement of intellectual property rights, the parties may agree after the occurrence of the damage that the applicable law shall be the law of the state where the court hearing the case concerned is located.

Section Nine Law Applicable To Other Obligations

Article 1.54. Law applicable to obligations arising from the reception of a thing not due, or unjust enrichment

  • Claims resulting from an obligation performed without any legal grounds for such performance shall be governed by the law of the state pursuant to the laws of which the legal sources for the obligation are determinable.

  • Claims related with unjust enrichment resulting from unlawful actions shall be governed by the law of the state where such unlawful actions were performed.

  • Where reception of a thing not due or unjust enrichment occurs from the existing legal relationship between the parties, the law determining that legal relationship shall apply.p. 3480

Article 1.55. Law applicable to unilateral transactions

Unilateral transactions shall be governed by the law of the state where they were formed.

Article 1.56. Law applicable to securities

  • Cheques and bills of exchange shall be governed by the provisions set forth in the Geneva Convention of March 19, 1931 on Conflicts of Law in Matters of Bank Cheques and the Geneva Convention of June 7, 1930 on Conflicts of Law in Matters Involving Bills of Exchange and Promissory Notes.

  • Other securities shall be governed by the law of the state where they are issued (drawn).

Article 1.57. Law applicable to the currency in which payments are to be made

  • Currency in which payments are to be made shall be determined by the law of the state where the payment must be made, unless the parties have chosen upon their agreement the currency in which the payments are to be made.

  • In all other cases, currency shall be regulated by the law of the state which issued the currency.

Article 1.58. Law applicable to obligations deriving from other grounds

Obligations deriving from management of affairs of another, likewise obligations deriving from other grounds not specified in this Chapter shall be governed by the law of the state where the grounds for the obligation occurred.

Article 1.59. Law applicable to prescription

Prescription shall be governed by the law applicable in determining the rights and obligations of the participants in the relevant civil legal relationship.

Section Ten Law Applicable To Legal Relations Of Succession

Article 1.60. Capacity to make a will

The capacity of making, amending or revoking a will shall be governed by the law of the state of the testator’s domicile. Where a person has no domicile or it is impossible to be determined, the capacity of such person to make a will shall be governed by the law of the state were the will is made.

Article 1.61. Form of a will

  • The form of a will, its amendment or revocation shall be governed by the law of the state where these acts are performed.

  • A will as well as its amendment or revocation shall also be valid in regard of the form if the form of the indicated acts is in compliance with the requirements of the law of the state of the testator’s domicile, or those of the laws of the state whose citizen the testator was at the time when the relevant acts were performed, or the law of the state of the testator’s residence at the time when those acts were performed or at the time of his death. A will in respect of an immovable thing, as well as any amendment or revocation thereof shall be valid if the form of the acts concerned is in compliance with the requirements of the law of the state where the immovable thing is located.

Article 1.62. Law applicable to other legal relations of succession

  • Other legal relationships of succession, with the exception of those related with inheritance of immovable things, shall be governed by the law of the state of domicile of the testator at the time of his death. Relations of succession in respect of an immovable thing shall be governed by the law of the state where the immovable thing is located.

  • Where succession opens by the death of a citizen of the Republic of Lithuania, irrespective of the law applicable, his heirs residing in the Republic of Lithuania and in possession of the right p. 3481to the mandatory share of succession shall inherit this part in accordance with the law of the Republic of Lithuania, except the immovable things.

  • Where in accordance with the law applicable to relations of succession a property cannot devolve to a foreign state, and where no other heir thereto is known and the property is located in Lithuania, that property shall be devolved to the ownership of the Republic of Lithuania.

[…]

Code of Civil Procedure of the Republic of Lithuania2

Approved by Law No IX-743 Dated February 28, 2002

[…]

Chapter LVIII Peculiarities Of Execution Of Foreign Court Judgments And Arbitration Tribunal

Article 773. General procedure for execution of foreign court judgments and arbitration tribunal

  • Procedure of execution of judgments contained in this Chapter hereunder will apply exclusively in the settlement of issues related to execution of foreign court judgments and arbitration tribunal.

  • Foreign court judgments and arbitration tribunal will be executed in the Republic of Lithuania in accordance with the general procedure unless specified otherwise in this Chapter.

Article 774. Procedure of issuing enforceable instruments and submission thereof for execution

Enforceable instruments based on foreign court judgments and arbitration tribunals recognized and permitted for execution in the Republic of Lithuania will be issued by the Lithuanian Court of Appeal that sends it to the plaintiff if the latter specifies in the application to recognize the judgment that such recognition is required for enforcement of the judgment in the Republic of Lithuania.

Article 775. Enclosures to enforceable instruments

Enclosures to the submitted enforceable instrument will contain a copy in with the foreign court judgment or arbitration tribunal is recognized and sanctioned for execution in the Republic of Lithuania, a confirmed copy of the foreign court judgment with legally confirmed translation into Lithuanian (if the international agreement provides that judgments are to be submitted translated into the Lithuanian language).

Article 776. Recovery of payments indicated in foreign currency

Amounts indicated in a foreign currency will be recovered in litas at a rate of exchange between litas and relevant foreign currency fixed by the Bank of Lithuania on the date of rendering the judgment.

Article 777. Detailing of execution of foreign court judgments and arbitration tribunals and postponement thereof

Applications concerning detailing of execution of foreign court judgments and arbitration tribunals and postponement thereof will be heard by the Lithuanian Court of Appeal.

Article 778. Redelivery of enforceable document

  • p. 3482If a debtor leaves the Republic of Lithuania for residence in another country or his place of residence is unknown, the execution proceedings will be closed and enforceable instruments will be redelivered to the Lithuanian Court of Appeal and filed in the case of recognition of the foreign court judgment or arbitration tribunal.

  • Redelivery of the enforceable instrument to the Court of Appeal will be notified by the bailiff to the plaintiff. The bailiff will also inform the plaintiff about recoveries made in accordance with that enforceable instrument in the Republic of Lithuania. The plaintiff will be entitled to apply to the Lithuanian Court of Appeal for repeated submission of the enforceable instrument for execution.

Article 779. Search of a debtor in the process of execution of foreign court judgments or arbitration tribunals

A debtor may be declared pursued in the Republic of Lithuania under the procedure specified in Article 620 of the Code above and only on written request by the plaintiff.

Part VII International Civil Procedure

Chapter LIX Jurisdiction And Application Of Standards

Section One General Provisions

Article 780. Application of standards

Provisions of Part VII of this Code will apply unless an international agreement to which the Republic of Lithuania is a party governs relevant relations otherwise.

Article 781. Priority of national jurisdiction

  • If at the moment of filing a claim the case falls under the jurisdiction of the courts of the Republic of Lithuania, this jurisdiction will remain regardless of later changes, if any.

  • If according to the rules of jurisdiction set in this Code Lithuanian courts have a remit to hear civil cases, this remit will not extinguish when the same case is heard in a foreign court.

Article 782. Consequences of non-jurisdiction

The court hearing the case must on its own initiative (ex officio) verify whether the case falls under the jurisdiction of courts of the Republic of Lithuania. If after institution of the proceedings the court states that the case is beyond the jurisdiction of Lithuanian courts, the petition will be left unheard.

Article 783. Jurisdiction

  • District courts will hear civil proceedings to which a foreign country is one of the parties as courts of first instance.

  • Vilnius District Court will hear civil proceedings on international adoption as a court of first instance.

  • A claim against a defendant who has no place of residence in the Republic of Lithuania may be lodged according to the situs of his property or the last known place of residence in the Republic of Lithuania.

  • Civil proceedings may be referred for hearing in a foreign court based on an international agreement to which the Republic of Lithuania is a party and in the related procedure.

  • A court ruling to refer the case for hearing by a foreign court may be appealed against by filing a separate appeal.p. 3483

Section Two General Rules Of The National Jurisdiction

Article 784. Jurisdiction of family legal relation proceedings

  • Family proceedings all under the jurisdiction of courts of the Republic of Lithuania if at least one of the spouses is a citizen of the Republic of Lithuania or a stateless person and a permanent place of residence of this person is in the Republic of Lithuania.

  • When both spouses are permanent residents of the Republic of Lithuania, their domestic proceedings will be heard exclusively by courts of the Republic of Lithuania.

  • Courts of the Republic of Lithuania have a remit to hear family proceedings in cases when both spouses are foreigners permanently residing in the Republic of Lithuania.

Article 785. Jurisdiction of generation legal relation proceedings

  • Courts of the Republic of Lithuania have exclusive jurisdiction over generation legal relations, adoption legal relation proceedings if any of the parties is a citizen of the Republic of Lithuania or a stateless person with permanent place of residence in the Republic of Lithuania.

  • When both parties are permanent residents of the Republic of Lithuania, their matters specified in paragraph 1 above will be heard exclusively by courts of the Republic of Lithuania.

  • Courts of the Republic of Lithuania have a remit to hear generation legal relation proceedings and adoption legal relation proceedings in cases when both parties are foreigners with fixed abode in the Republic of Lithuania.

Article 786. Hearing of in rem legal relation proceedings

Courts of the Republic of Lithuania have exclusive jurisdiction over hearing of in rem legal relation proceedings related to an immovable thing located in the Republic of Lithuania.

Section Three Rules Of National Jurisdiction In Contentious Proceedings

Article 787. Principles

  • Matters to be heard in contentious proceedings, but omitted from Part VII, Chapter LIX, Section Two, of this Code will be attributed to the jurisdiction of courts of the Republic of Lithuania, if:

    • at the moment of filing the claim the defendant is in Lithuania, has fixed abode or resides in Lithuania;

    • the defendant is a holder of property or ownership rights in Lithuania;

    • a question at issue is a thing, legacy in Lithuania or an obligation that has arisen or should be performed in Lithuania.

  • The parties may agree in writing to have property disputes heard in courts of the Republic of Lithuania.

Article 788. Agreement on limitation of remits of Lithuanian courts

  • Economic entities may agree in writing to have disputes arising out of contractual legal relations in courts outside Lithuania, provided such agreement does not contradict the law of the country to which courts’ discretionary dispute hearing is expected to be referred. The mentioned agreement is not admissible for proceedings falling under exclusive jurisdictions of courts of the Republic of Lithuania.

  • The agreements mentioned in paragraph 1 above will be observed by the court only at the request of a party concerned. Such request may be filed before the beginning of the hearing on the merits.p. 3484

Section Four Rules Of National Jurisdiction In Special Proceedings

Article 789. Principles

  • Courts of the Republic of Lithuania have exclusive jurisdiction over the hearing of proceedings concerning the declaration of a natural person as incapable or of limited active capacity, dead or missing, if such person is a citizen of the Republic of Lithuania or a stateless person with permanent place of residence in the Republic of Lithuania.

  • Courts of the Republic of Lithuania will be entitled to declare a foreign person as dead or missing if:

    • a person entitled to file a relevant application to the court has fixed abode in the Republic of Lithuania;

    • the foreigner was resident in the Republic of Lithuania or had property located in the Republic of Lithuania

  • Other matters of special proceedings will be also attributed to the jurisdiction of Lithuanian courts if at least one participant in the proceedings is a citizen of the Republic of Lithuania.

Section Five Proceedings Beyond The Jurisdiction Of The Courts Of The Republic Of Lithuania

Article 790. Persons non-qualified as defendants

  • Persons enjoying diplomatic immunity and their family members may not be defendants in courts of the Republic of Lithuania.

  • Provision in paragraph 1 do not apply if:

    • a dispute arises in relation to an immovable thing located in the Republic of Lithuania and held by the persons mentioned in paragraph 1 of this Article or relevant international organisations;

    • a dispute arises out of legal inheritance relations;

    • a dispute arises out of other economic relations where persons mentioned in paragraph 1 above are not involved as persons enjoying diplomatic immunity.

  • Persons may not be qualified as defendants in courts of the Republic of Lithuania when claims are filed against performance of their official functions and the mentioned persons are:

    • civil servants performing consular functions on behalf of other countries regardless of their citizenship;

    • foreign administration or technical employees of diplomatic missions or consulates of foreign countries or other persons equivalent to the aforesaid by the power of international agreements, laws or international practices.

  • Provisions in paragraph 3 of this Article does not apply to civil servants performing consular functions as well as administration and technical staff members of consulates if a claim against them is filed for damages caused by a motor vehicle.

Article 791. Non-application of exceptions

  • Exceptions specified in paragraphs 1 and 3 of Article 790 of the Code do not apply in cases when upon commissioning persons the State clearly denies them immunity.

  • Non-application of immunity to officers of international organisations could be declared exclusively by those international organisations.

  • When persons mentioned in paragraphs 1 and 3 of Article 790 of the Code file a claim in a court of the Republic of Lithuania, a counterclaim against them can be filed in the procedure stipulated by this Code.

Article 792. Prohibition to perform actions of execution

  • p. 3485Persons mentioned in paragraphs 1 and 3 of Article 790 of the Code may not be exposed to any actions of execution except for cases when they can be representatives in courts of the Republic of Lithuania.

  • Persons mentioned in paragraphs 1 and 3 of Article 790 of the Code may be exposed to actions of execution if appropriate states or international organisations declare refusal of immunity also valid for the process of execution in accordance with Article 791 above.

  • Performance of the actions of execution are prohibited in the premises of diplomatic representative offices, missions, consulates of foreign countries as well as residence of the persons mentioned in paragraph 1 of Article 790 of the Code, except for cases when the head officer of the diplomatic representative office or mission consents to such performance.

Chapter LX Procedure

Section One General Provisions

Article 793. Civil procedural legal capacity

  • The legal capacity of foreign persons and stateless persons is determined in compliance with provisions of this Code. Foreign persons without civil procedural legal capacity or with restricted legal capacity according to laws of their respective country are considered legally capable of participating in civil proceedings if they meet the requirements specified in Article 38 of the Code.

  • Basing on mutuality, lawyers will be allowed to represent foreign persons specified in paragraph 1 of this Article in courts of the Republic of Lithuania provided such foreign persons are citizens of relevant countries.

Article 794. Plaintiff’s duty to ensure compensation of litigation costs

  • At the request of a defendant, a plaintiff who is a natural or legal foreign person must pay in a deposit in the procedure defined in this Code to ensure covering of litigation costs.

  • The duty indicated in paragraph 1 above will not be applied:

    • when the plaintiff holds property in the Republic of Lithuania that is sufficient to compensate the litigation costs;

    • in non-property domestic (family) proceedings, in proceedings instituted in accordance with the filed counterclaim and in proceedings where issuance of a court order is requested;

    • in proceedings when parties thereto agree to have disputes heard in courts of the Republic of Lithuania;

    • when a deposit institution is prohibited in a relevant international treaty.

  • The defendant is entitled to claim security for compensation of the litigation costs at the latest upon performance of the first procedural action. Such a claim may be brought later if a foreign status of the natural or legal plaintiff was discovered during the hearing of the matter.

  • If the defendant admits to the brought claim in part and this is sufficient to compensate future litigation costs, the defendant will not be entitled to claim for ensuring compensation of potential litigation costs by the plaintiff.

Article 795. Establishment of the size of the deposit

  • The court hearing the case will establish the amount of the deposit in compliance with the provisions of this Code and taking into consideration likely litigation costs of the defendant except for costs that would occur due to lodging of a counterclaim and a fact that the amount of the deposit may not prevent the party from an opportunity to exercise a right regarding this p. 3486legal remedy. A time limit fixed for payment of the deposit may not be less than three working days. If the deposit is not paid after expiration of the time limit determined by the court, the court will leave the claim unheard.

  • If during the hearing it turns out that the established deposit is too small, the court is entitled to increase the amount thereof on request by the defendant.

  • In all cases deposits are to be paid in money.

Article 796. Repayment of deposit

If during the proceedings the reason for claiming security for compensation of the litigation costs disappears, the court will release the plaintiff from the duty provide security for the litigation costs on request by the plaintiff and after hearing opinion of the defendant, and will repay the paid in deposit.

Article 797. Covering of litigation costs with the deposit

  • The court will decide on covering of the litigation costs with the deposit on request by the defendant.

  • The application mentioned in paragraph 1 above will be filed at the latest before the closure of the hearing on the merits. If the relevant application is not filed before the time limit determined herein, the court will repay the paid in deposit on request by the plaintiff.

  • The court will decide to repay the deposit to the plaintiff immediately, if the res judicata judgment clearly shows that covering of the incurred litigation costs is not due to the defendant.

Article 798. Defendant right of precedence

The defendant’s right to covering the litigation costs suffered by him with the deposit will take precedence over other creditors.

Article 799. Application of norms in special proceedings

Deposit-related provisions of this Section will also apply to special proceedings when a petitioner is a natural or legal person of a foreign country.

Section Two Exemption Of A Foreign Natural Or Legal Person From Payment Of Litigation Costs, Legal Aid, Services, Security Of Evidence

Article 800. Exemption of a foreign natural or legal person from payment of litigation costs

  • Foreign natural or legal persons are subject to the same conditions of exemption, reduction, deferral and scheduling of payment of litigation costs as are applied to Lithuanian persons.

  • Stateless persons with a residence or domicile in the Republic of Lithuania may exercise the same rights as do citizens of the Republic of Lithuania.

Article 801. Court communications

  • When hearing cases, courts of the Republic of Lithuania will communicate regarding legal assistance with courts of foreign states through the Ministry of Justice of the Republic of Lithuania, with an exception of the cases provided by the international treaties and EU legal acts, when communication is being done directly.

  • Courts of the Republic of Lithuania will not provide legal assistance when:

    • an action required is against the public order or independence of the Republic of Lithuania;

    • an action required is beyond the remits of courts of the Republic of Lithuania;

    • a state from which a request for legal assistance is received has refused provision of legal assistance to courts of the Republic of Lithuania.

Article 802. Rogatory letters

  • p. 3487Courts of the Republic of Lithuania will execute requests for legal assistance by a court or other authority of a foreign state in compliance with the law of the Republic of Lithuania. A court of the Republic of Lithuania to which a request for legal assistance has been referred may, at the initiative of the requesting court or other authority of a foreign state, apply rules other than those provided for by the laws of the Republic of Lithuania unless they are prohibited by the law of the Republic of Lithuania or are against the public order of the Republic of Lithuania.

  • If a court or other authority of a foreign state applies to a court of the Republic of Lithuania for serving a procedural document that is not translated into Lithuanian on persons in the territory of the Republic of Lithuania, the document will be served when the addressee expresses his willingness to accept the document. In case of refusal to accept the procedural document, the addressee must be informed of the potential consequences of such refusal.

Article 803. Request of Lithuanian courts for legal assistance

  • Courts of the Republic of Lithuania may apply with a request for legal assistance to diplomatic missions, consulates of the Republic of Lithuania, foreign courts or other authorities.

  • Courts of the Republic of Lithuania will send rogatory letters to diplomatic missions or consulates for legal assistance when a person to be interrogated or served a procedural document is a citizen of the Republic of Lithuania residing in a foreign country or employed with the diplomatic mission or consulate of the Republic of Lithuania.

  • Courts of the Republic of Lithuania will send regatory letters to courts or other authorities of foreign states for legal assistance when a person to be examined or served a procedural document is not a citizen of the Republic of Lithuania or when execution of other procedural action is required. Courts of the Republic of Lithuania have a right to ask the court of the foreign country for permission to use the communication technology (video conference, tele conference or other) to collect the evidence.

  • Paragraph 3 of this Article will also apply in cases when execution of actions referred to paragraph 2 above is impossible through embassies or consulates of the Republic of Lithuania.

  • Is not valid from 2008-11-29.

Article 804. Serving procedural documents on persons in the territory of the Republic of Lithuania and abroad

  • Procedural documents will be served on persons who fall outside jurisdiction of courts of the Republic of Lithuania while staying in the territory thereof through the Ministry of Foreign Affairs of the Republic of Lithuania.

Article 805. Appointment of an authorized person

  • If a party residing in a foreign country fails to appoint a legal representative, that party must appoint an authorized person residing in Lithuania on whom relevant procedural documents will be served.

  • If a party residing in a foreign country fails to fulfil the duty specified in paragraph 1 above and to appoint an authorized person, all procedural documents deliverable to the party in a foreign country will be retained in the file and considered delivered. The mentioned consequences must be explained to the party at the initial service. The party must be also explained also be informed regarding the duty to file a plea to the claim and the consequences of non-filing thereof. Persons eligible to be authorized persons must be also explained to the party.

Article 806. Security of evidence

A court of the Republic of Lithuania may secure evidence existing in Lithuania when this is required for rendering a judgment by a court in a foreign state. A request to secure the evidence is filed to a district court in which domain the securable evidence is.

Article 807. Official written evidence of foreign states

p. 3488Official written evidence of foreign states have the equivalent legal force as Lithuanian official written evidence. However, if a document is related to the passing of title to real estate located in Lithuania, that document must be legalized by a diplomatic mission or consulate of the Republic of Lithuania. The same rules will apply to any documents whose authenticity is doubted by the court.

Section Three Application Of Foreign Law

Article 808. Application of foreign law

  • In cases specified in international treaties or laws, a court will apply, interpret and define the contents of foreign law on its own initiative (ex officio).

  • If application of foreign law is specified by a mutual agreement, all evidence related to the contents of standards of the applied foreign law in accordance with the official interpretation of that law as well as the practice of its application and doctrine in a relevant foreign state will be provided by the party to the dispute that seeks to rely on the foreign law. At the request of the party, the court may assist in the party’s efforts to collect information about the applicable foreign law.

  • If the court or the party seeking to rely on the foreign law fails to fulfil the duty referred to in paragraphs 1 and 2 above, the law of the Republic of Lithuania will apply.

  • In exceptional cases, when urgent provisional safeguards are required to secure rights or property of a person, the court may resolve matters of great urgency based on the law of the Republic of Lithuania until the law applicable to the dispute and contents thereof are established.

Section Four Procedure For Recognition Of Judgment Of Foreign Court (Arbitration Tribunals), With An Exception Of The Judgment Of The Courts Of The Member States Of The European Union

Article 809. Legal meaning of recognition of foreign court judgments (arbitration tribunals)

  • Foreign court judgments (arbitration tribunals) may be enforced in the Republic of Lithuania only after being confirmed by the Lithuanian Court of Appeal acting as a body authorized by the State to recognize such judgments.

  • Recognition is not required for res judicata foreign judgments concerning non – material disputes between persons who are not citizens of the Republic of Lithuania, except for cases where such judgments serve as a basis for celebrating a marriage or registration of any other acts of civil status, registration of other rights in the Public Register.

  • Acts of civil status of the Republic of Lithuania will be changed or renewed on the basis of the foreign court judgments entering into force without application of special proceeding of recognition of the foreign court judgments. The interested persons may/must apply within one year from gaining notice of such a change of acts of civil status or its renewal, to the Lithuanian Court of Appeal under Art. 810, 811 and 812 of this Code with the request for recognition for invalidity of acts done on the basis of the foreign court judgment.

  • The provisions of this Code for recognition of foreign court judgments are applicable mutatis mutandis to recognition of decisions (acts) of foreign state institutions, which under the state of origin law possesses the right to decide the questions pertaining to the competence of courts under the legal system of the Republic of Lithuania.

Article 810. Conditions for recognition of foreign court judgments (arbitration tribunals)

  • Foreign court judgments will be recognized on the basis of international treaties. Absent an international treaty, recognition of foreign judgments will be refused in the following cases:

    • the judgment is not res judicata under the laws of the country where the judgment was passed;

    • p. 3489the proceedings are attributed to the exclusive authority of courts of the Republic of Lithuania or a third country in accordance with provisions of the law of the Republic of Lithuania or international treaty;

    • a party absent in the proceedings was not duly informed about the institution of civil proceedings and also was not provided with an opportunity to exercise procedural remedies or proper representation (if the party lacked legal capacity) during the proceedings;

    • the foreign court judgment whose recognition is requested is incompatible with a judgment rendered by a court of the Republic of Lithuania in the proceedings between the same parties;

    • the judgment is against the public order stipulated in the Constitution of the Republic of Lithuania;

    • upon rendering the judgment, a foreign court resolved matters on legal capacity, legal representation, family property or inheritance legal relations of a citizen of the Republic of Lithuania, and this is against Lithuanian international private law, except for cases when Lithuanian courts would have rendered the same judgment in the proceedings.

  • The presence of the conditions referred to in subparagraphs 4 and 6 of paragraph 1 above will not be checked if the court judgment of a foreign state rendered in accordance with the law of that state confirms that a person residing in the Republic of Lithuania succeeds to an inheritance that was located in the territory of such state at the moment of the deviser’s death.

  • Provisions in paragraph 1of this Article will also not apply to the proceedings specified in paragraph 2 of Article 809. Such being the case, the Lithuanian Court of Appeal may disallow recognition of a foreign judgment only under the reasoning that the judgment is against the public order stipulated in the Constitution of the Republic of Lithuania.

  • When resolving recognition of a foreign court judgment, lawfulness and reasonability of the judgment may not be examined.

  • Foreign court judgments based on international treaties will be recognized in accordance with the provisions contained therein.

  • Conditions for recognition of awards of foreign arbitration tribunals are defined by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 and Law on Commercial Arbitration.

Article 811. Request for recognition of a judgment

  • Any persons having a legal interest in proceedings may apply to the Lithuanian Court of Appeal for recognition or refusal of recognition of a foreign court judgment. A request for recognition of a foreign court judgment (refusal of recognition of a judgment) is to be in compliance with the general requirements applicable to the procedural documents.

  • The petitioner must enclose with the petition to recognize a foreign court judgment the judgment of the foreign court (arbitral award), its translation into Lithuanian, proof of res judicata of the judgment as well as proofs that a party absent in the hearing had been duly notified of the venue and time of the civil hearing. The request for recognition of a foreign court judgment (refusal of recognition of a judgment) must consist of the address in the Republic of Lithuania to which the submission of the procedural documents is to be effected, if the petitioner does not live in the Republic of Lithuania and has not appointed a representative or authorized person, who lives (has a seat of professional activities) in the Republic of Lithuania (under Art. 805 of this Code), to receive the procedural documents.

  • The party of the arbitrary case may apply to the Lithuanian Court of Appeal for recognition of a judgment of a foreign arbitral award. The documents shown in the Law on Commercial Arbitration should be attached to the request for recognition of a judgment of a foreign arbitral award.

  • Petitions for recognition of foreign court judgments (arbitral awards) will not be subject to stamp duties.

Article 8111 Hearing of cases of recognition and execution of a foreign arbitral award

  • p. 3490A request for recognition and execution of a foreign arbitral award will be heard by a panel of three judges of the Lithuanian Court of Appeal in the written proceeding. The parties of the arbitral procedure must be informed by receiving notice about the written proceeding.

  • The ruling of the court on recognition and execution of a foreign arbitral award comes into force after the day of adoption. This ruling may be appealed to the Lithuanian Supreme Court no later than 30 days from the day of adoption. The provisions of Section XVII of this Code are applicable to the submission of a claim for recognition and execution of a foreign arbitral award and proceedings on the case under such a claim.

  • A request for recognition and execution of a foreign arbitral award will? be considered as not heard if it is ruled that the request was not submitted under an order as stipulated by this Code or the Law on Commercial Arbitration.

Article 812. Hearing of a case concerning recognition of judgments of foreign court

  • Petitions concerning recognition of foreign court judgments (refusal to recognize a judgment) will be heard by one judge of the Lithuanian Court of Appeal; nevertheless the chairperson of the Lithuanian Court of Appeal or chairperson of the civil division, having regard to the complexity of the case, has a right to establish the hearing of the petition by a panel of three judges. The court hearing the case has the right to rule on a petition to have a hearing by a panel of three judges. The petition is to be heard in the order of the written proceedings, with the exception of cases where the court, taking into account the circumstances of the case, rules on the petition to be heard in the order of oral proceedings. A court ruling on the recognition of foreign court judgments will come into force from the date the ruling is rendered. The court ruling may be appealed against in a cassation appeal under the rules of the proceeding in the court of cassation.

  • The court hearing of the petition on recognition of foreign court judgments may recognize only a part of the judgment of the foreign court.

  • The petition is entitled to request for recognition of a part of a foreign court judgment, also to request refusal to recognize part of the judgment.

  • The court hearing the petition on recognition of foreign court judgments is entitled to suspend the hearing if the court judgment is appealed against in a customary form of review of court judgments of the relevant state, or when a time limit for filing such an appeal has not yet expired.

  • If the court establishes that the petition was filed in violation of the procedure promulgated in this Code or international treaties, a petition to recognize a foreign court judgment may be returned by the ruling to the petitioner or when the court has taken the petition into consideration, it may be left unheard. The court may establish a term for eliminating the deficiency in the form and content of the petition (under Art. 115 of this Code), if the petitioner lives in the Republic of Lithuania and has provided an address in the Republic of Lithuania to which the submission of the procedural documents is to be effected, or has appointed a representative or authorized person who lives (or has a seat of professional activities) in the Republic of Lithuania (under Art. 805 of this Code). If in the time period stated by the court the deficiencies are not deleted, the petition will be deemed not submitted and will be returned to the petitioner, and if the petition was taken into consideration by the court, it will be left unheard.

  • The matter of permission to enforce the judgment may be heard together with the petition to recognize the foreign court judgment.

Art. 8121 Submission of procedural documents by electronic means of communication

  • Under Art. 811 Part 1 of this Code on provision of the petition, if the petitioner does not live in the Republic of Lithuania and has not appointed a representative or authorized person who lives (has a seat of professional activities) in the Republic of Lithuania (under Art. 805 of this Code), in order to receive the procedural documents, instead of the address of the petitioner in the Republic of Lithuania, the address of the electronic post, fax number, or other existing p. 3491addresses of electronic means of communication may be stated, under which the procedural documents will be submitted to the petitioner, also by phone numbers.

  • Apart from the cases specified in Article 812 part 5 of this Code, the court may state the period of time for the deletion of the deficiencies in the form and content of the petition (under Art. 115 of this Code), if the petitioner has provided the address of the electronic post, fax number, or other existing addresses of electronic means of communication, under which the procedural documents are be submitted to the petitioner.

Section Five Procedure For Permission To Enforce Foreign Court Judgments (Arbitration Tribunal), With The Exception Of European Union Member States

Article 813. Enforceability

  • Foreign court judgments/arbitration tribunals may be enforced if:

    • the judgment is enforceable in the state where the court rendered the judgment;

    • the judgment is recognized under the procedure specified in Part VII, Chapter LIX, Section Four of the Code.

  • The requirements of paragraph 1 of this Article will also apply to judgments of a Justice of Peace rendered in a foreign country.

  • To permit enforcement of a foreign court judgment the creditor must enclose with the petition the documents specified in Article 811, paragraph 2, of the Code as well as confirmation that the judgment is enforceable in the state whose court rendered the judgment.

  • Recognized foreign arbitral awards are enforceable documents and enforceable under rules of Part VI of this Code.

Article 814. Hearing

Petitions on permission to enforce foreign court judgments will be heard under the procedure specified in Article 812 of the Code.

Article 815. Right to suspend the hearing

  • At the request of the cassator, the cassation court that hears a cassation concerning permission to enforce a foreign court judgment, will be entitled to suspend the execution if this court judgment is appealed against in the state where it was rendered under a customary form of review of court judgments of the relevant state, or when a time limit for filing such an appeal has not yet expired. Such being the case, the court is entitled to set a time limit for filing the claim.

  • In cases specified in paragraph 1 above, concurrently with permitting enforcement of the foreign court judgment, the court is entitled to require a money deposit under the procedure specified in this Code.

Section Six Procedure For Recognition Of And Permission To Execute Amicable Settlements Ratified By A Court Of A Foreign State, With The Exception Of Courts Of European Union Member States

Article 816. Procedure for recognition of and permission to execute amicable settlements

  • An amicable settlement ratified by a foreign court may be recognized and executed in the Republic of Lithuania if it is enforceable in the state where it was concluded and unless it contradicts the public order stipulated in the Constitution of the Republic of Lithuania.

  • The procedure for recognition and execution of amicable settlements ratified by foreign courts in the Republic of Lithuania is governed by Part VII, Chapter LX, Sections Four and Five of the Code.p. 3492

Article 817. Procedure for recognition of and permission to enforce court rulings

Lithuanian courts may recognize and enforce foreign court rulings concerning application of provisional safeguards. Rulings referred to in this Article will be recognized and enforced in the Republic of Lithuania under the same procedure as foreign court judgments (arbitration tribunals) and exclusively in the case if the interested party has been duly informed on the venue and time of the hearing.

[…]

The translation is reproduced from <www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=403201> (last accessed on 27 January 2016) with permission of the Office of the Seimas. Translations of (amended) Arts 1.21, 1.38, 1.39 by Assoc. Prof. Dr. jur. Pavelas Ravluševičius, LL.M., Mykolas Romeris University and European Humanities University, Vilnius (Lithuania).

Translation provided by the Lithuanian Ministry of Justice. Translations of (amended) Arts 775, 784, 795, 801, 803, 804, 809, 810, 811, 8111, 812, 8121, 813, 814, 815 and 816 by Assoc. Prof. Dr. jur. Pavelas Ravluševičius, LL.M., Mykolas Romeris University and European Humanities University, Vilnius (Lithuania).