Rome, Brussels and Lugano Conventions in Lithuania
The Republic of Lithuania is prepared to adopt the provisions of the Rome Convention of 1980 on the law applicable to contractual obligations (hereinafter referred as the Rome Convention). Accession to and full implementation of this Convention, however, is only possible upon Lithuania’s full membership in the EU.
Under Lithuanian law, the issues related to the Rome Convention in respect of contractual obligations are regulated by the Civil Code of the Republic of Lithuania. It is in partial compliance with the provisions of the Rome Convention and allows the contracting parties to opt for the law of another state if the parties are economic operators of different states.
The laws of the Republic of Lithuania will be in full compliance with the provisions of the Rome Convention with the entry into force of Volume 1 of the new Civil Code, which governs legal relations in civil matters in general, and the relations between the national civil law and international private law, and establishes cases where the law of other countries will be applicable. This Volume of the new Civil Code was adopted by the Seimas on 18 July 2000, and it will enter into force on 1 January 2001.
The Brussels Convention
The Brussels Convention of 1968 on jurisdiction and the enforcement of judgements in civil and commercial matters (hereinafter referred as the Brussels Convention) is open to EU Member States only. Lithuania firstly seeks accession to the Lugano Convention of 1988 on jurisdiction and the enforcement of judgements in civil and commercial matters (hereinafter referred as the Lugano Convention).
The main legal act in Lithuania governing the issues of the Lugano and Brussels Conventions is the Code of Civil Procedure. The procedure for recognition and enforcement of the decisions of foreign courts is also established in the international agreements of the Republic of Lithuania.
A new Code of Civil Procedure is being prepared and this draft is to be submitted to the Government in the second half of year 2000. This draft embodies full transposition of the Brussels and Lugano Conventions. The adoption and entry into force of the new Code of Civil Procedure is envisaged by the end of 2001.