THE PURPOSE OF THIS ARTICLE IS NOT TO EXAMINE THE CONCEPT\nOF THE IDEAL OBSERVER AS TO ITS QUALIFICATIONS AS AN\nETHICAL THEORY, BUT TO EXPOSE THE IMPLICATIONS IT HAS FOR\nAN UNDERSTANDING OF THE ROLE OF RATIONALITY IN ETHICAL\nDISCOURSE. THE "IDEAL OBSERVER THEORY" IS REALLY NOT\nVALUE-FREE, ACCORDING TO THE AUTHOR. THE MEANING OF SUCH AN\nOBSERVER IS FULLY EXPLORED, IN TERMS OF BEING "IMPARTIAL,"\n"FULLY INFORMED," "IDEALLY RATIONAL," ETC., AND RATIONALITY\nIS FINALLY NOTED TO BE NOT A PERFECT UNIFORMITY OF\nATTITUDES AMONG IDEAL OBSERVERS BUT THE (...) FREEDOM AND\nWILLINGNESS TO ASK FOR REASONS, TO ARGUE. (STAFF). (shrink)

Columella in his Res Rustica always speaks of the bailiff as the slave of the owner of the farm, but in his Preface he states that the owner sometimes sent a mercenarius to be bailiff, and this has by some scholars been taken to mean that a freeborn labourer could be appointed. Since such a possibility is not mentioned by Columella elsewhere or by any other Roman writer, it is probable that the term mercenarius in the Preface has (...) been misunderstood. Hired labourers in ancient Rome included slaves as well as freemen. (shrink)

The Article presents a study of opportunities and problems related to the procedural actions taken by bailiffs electronically. In the opinion of the authors, the digitalisation of the enforcement procedure seeks to ensure the maximum use of electronic documents: enforcement and procedural documents should function only in the electronic format and thereby should create an effective, transparent and easily accessible information system of electronic enforcement files, which will not only increase the effectiveness of performance of bailiffs and save costs, but (...) will also ensure the protection of the rights of claimants and debtors in enforcement proceedings through reliable and prompt service of procedural documents by electronic means, access to information about the course of the enforcement proceedings by using information technologies, and transfer of certain procedural actions taken by bailiffs into the electronic environment. Section one of the Article discusses the EU regulation in the area of unification and digitalisation of the enforcement procedure. Section two deals with the possibilities of issuing electronic enforcement orders, issuance of an enforcement order, technical measures to enable bailiffs access the information systems of the institutions issuing enforcement orders by safe electronic channels and thereby electronic enforcement orders would be transferred from the issuing institution to bailiffs electronically, without using any hard copy enforcement orders. In the opinion of the authors, considering that the majority of enforcement orders are issued by courts, it would be expedient, first of all, to take advantage of the existing information system LITEKO, making it possible to keep not only court judgments but also enforcement orders there as well as providing bailiffs with technical possibilities of access to the LITEKO system and acceptance of the electronic enforcement orders from the system. A similar principle should be followed for designing integrated information systems of bailiffs and other institutions that issue enforcement orders. Section three focuses on the main procedural documents – arrangements given by bailiffs and property attachment deeds – and on their electronic service on the participants involved in the enforcement procedure. The last section of the Article offers a study of the measures to secure the rights of participants of the enforcement procedure, namely access of the participants of the enforcement procedure to the enforcement file, possibilities for courts to obtain electronic enforcement files promptly, etc. (shrink)

Several times in the past the question has been raised whether in Greece or in Rome there were any free-born citizens who would have been prepared to take over the management of a farm, a business thought to have usually been entrusted to slaves. In this connection the number of sources testifying to the manumission of Roman slave bailiffs has also attracted some attention. It must be said, however, that notwithstanding previous scholarly efforts to assemble the relevant testimonia, important evidence (...) has been disregarded or simply overlooked; in addition, in one instance at any rate, a source was not yet available. (shrink)

The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways in (...) which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement. In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement. (shrink)

Civil proceedings do not terminate after adoption of a court decision. The enforcement of a material subjective right requires the second stage of legal defence, i.e., compulsory enforcement of a court decision. State courts are authorised to adopt decisions on behalf of the state and to ensure compulsory enforcement of an adopted court decision. Although enforcement proceedings constitute the final stage of civil procedure, it has some specific features, e.g., the representation in enforcement proceedings is distinctive. The article analyzes application (...) of this institute in enforcement proceedings: the subjects eligible to act as representatives in enforcement proceedings, the order of execution of their powers, and the problems of adjudicating remuneration for representation in enforcement proceedings. (shrink)

The article analyzes one of the fundamental rights – the right to maintenance, which proper implementation ensures normal development of the child. This right matches with the duty of parents to maintain their minor children. Paragraph 6 of Article 38 of the Constitution of the Republic of Lithuania states that parents have a duty to educate their children to be honest people and loyal citizens, supporting them until adulthood. The obligation to maintain children is established in the first 3.192 Article (...) paragraph of the Civil Code of the Republic of Lithuania, and the responsibility for avoiding to maintain a child is provided in Article 164 of the Criminal Code. The article discusses the fact that the analysis of criminal law rate is not precise enough. Article 164 of the Criminal Code does not match with the child maintenance methods specified in the CC Article 3.196 paragraph 1. Since criminal liability is only for judgment in default in civil cases, a person shall only be liable for breaking the right to maintain a child, provided in the CC 3.196 paragraph 1. This article deeply analyzes the problematic qualification aspects of the avoidance to maintain a child. Some alternative ways of child maintenance are mentioned, as can be chosen from other law instruments (bailiffs, Guarantee child support fund) and it leads to the ultima ratio principle. On the other hand, it is not required to seek alternative remedies for affected interests, and it is possible to initiate a pre-trial investigation. Therefore, this article seeks to identify specific civil and criminal law rules delimitation. Avoidance of child maintenance is an ongoing crime. The main problem in legal practice is to determine an end of this ongoing criminal conduct. The practice of the Supreme Court of Lithuania is not unanimous. In some cases, the end of this ongoing conduct is considered to be a moment when the past judgment has entered into force, in other cases – the moment of indictment. These positions are criticized by many authors and it is suggested to follow the Supreme Court’s practice, according to which the moment when a judgment of conviction for the criminal act is passed should be considered as an end of an ongoing criminal conduct. (shrink)