The impact of the comparative method on Lithuanian private law

Simona Drukteiniene, Vaidas Jurkevičius, Thomas Kadner Graziano

    Research output: Contribution to journalArticle

    Abstract

    Lithuania, one of the three Baltic states, is among the countries in Europe that are currently facing the challenge of implementing a newly codified private law. Lithuania was the first former Soviet Republic to gain its independence in 1990. Ten years later, the Republic of Lithuania adopted a new civil code. It entered into force in July 2001 and is currently one of the most recent examples of an entirely new private law codification in Europe. This article retraces the role of the comparative legal method in the procedure of drafting the new codification. It further discusses the role of the comparative method when it comes to applying the new Code, focusing on the case law of the Supreme Court of Lithuania. The development in Lithuania shows, on the one hand, the benefits that can be gained when lawmakers use the comparative method in the process of preparing new codifications. On the other hand, the situation in Lithuania illustrates the challenges courts and judges face when it comes to using this method in applying the newly introduced codes and statutes.
    Original languageEnglish
    Pages (from-to)959-990
    JournalEuropean review of private law
    Volume21
    Issue number4
    Publication statusPublished - 2013

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