PROBLEMATIC ASPECTS OF THE CREATION OF CASE LAW IN THE APPLICATION OF INTERIM MEASURES IN CIVIL PROCEDURE

Abstract

This article examines the issue of the creation of case law in regard to interim measures in civil proceedings. Taking into account the rules for the formation of court precedents, the author assesses how court precedents are created by applying interim measures. The article draws attention to the peculiarities of the court system of Lithuania in the formation of court practice regarding interim measures. It is emphasized that, at this moment, there is no single institution in the Lithuanian legal system that forms the final case law on issues of interim measures, and on certain issues the case law is contradictory. The article also analyzes the right of the cassation court to create case law on interim measures. Lastly, the author offers suggestions on how to solve the issues discussed.

Keywords

• interim measures
• protective measures
• provisional measures
• case law
• precedent
• cassation