Partial judgments and judgments on the merits in civil proceedings: legal nature and practical application issues

Abstract

This article analyzes the concepts of a judgment on the merits of a claim and a partial judgment, as established in Article 261 of the Code of Civil Procedure, along with their purpose, conditions for application, and procedural consequences. It reveals that both institutions are oriented toward procedural efficiency, economy, and the implementation of the principle of concentration, but their legal nature and scope of application differ. The grounds for application, appeal procedures, judicial practice, and doctrinal approaches are examined, and the application of these institutions in litigation and arbitration is discussed. Particular attention is paid to distinguishing between the institutions, as they are often confused due to their similarity.
Problem: In the civil procedure of the Republic of Lithuania, a partial judgment and a judgment on the merits of the claim are functionally similar. Both institutions are designed to ensure the efficiency of proceedings, but their application in practice is not sufficiently clearly distinguished and adequately developed in judicial practice, which leads to problems regarding the identification, relationship, and scope of application of these institutions.
The contribution of this work: to systematically analyze and distinguish the institutions under consideration, revealing the peculiarities of their application and identifying practical problems in their application.
Subject: The institutions of a judgment on the merits of the claim and a partial judgment.