General principles of law and their

meaning and entrenchment in the law of

the Republic of Lithuania
 Content

▪ 1. To compare the concept of general principles of law formed in the

practice of different lawyers and court.

▪ 2. To present the significance of general principles of law.

▪ 3. To analyze the entrenchment of general principles in the context of

legal norms and case law.
 Relevance of the topic

▪ This topic is relevant not only for trying to understand the concept of
general principles of law and their significance, but it is especially
important to analyze the judicial interpretation of how these general
principles are enshrined in Lithuania. the problem is that there is no
specific single definition of general principles of law, so many sources
need to be analyzed.
 Methods of this study

▪ The comparative method.

I have compared the features of general principles in different sources
and their entrenchment in Lithuanian law.

▪ The linguistic method.

I have revealed the concept of general principles of law.
The concept of general principles of law

▪ According to lawyers, general principles of law are the basic

provisions of the legal system, the basic laws, the main principles on
which legal regulation is based.
▪ According to judicial interpretation, the general principles of law
must be reflected not only at the moment of creating up the duties,
but also at the time of the performance and termination of the
obligation itself. According to the Court, general principles of law are
rules of general conduct which are binding on all people.
 the significance of general
principles of law
▪ 1. They determine the interpretation of law, since no rule of law may be
interpreted contrary to general principles of law.
▪ 2. Another significant aspect is that in the event of a conflict of norms, the
court must follow the general principles of law.
▪ 3. Finally, the legislature itself must make the most optimal decisions based
on the principles of law when legal gaps arise.
Entrenchment of general principles in
the law of the Republic of Lithuania
Constitutional court:
▪ principles are closely linked and
are enshrined in the
Constitution itself.
▪ In interpreting the
entrenchment of general
principles of law in the Republic
of Lithuania, the Constitutional
Court relies on the Constitution
Lithuanian Supreme court:
▪ The general principles of law
directly enshrined in law are a
necessary category for courts
to decide cases
▪ The Supreme Court of
Lithuania states that a legal
norm can be properly
interpreted when its similarities
with the general principles of
law are taken into account,
therefore the entrenchment of
general principles of law in the
legislature is very significant.
 General principles of law in
legislation

A plenty of general principles of law are

directly enshrined in legislation.

CC 1.5 p. 1 (In exercise of their rights and performance of their duties, the subjects of civil relationships
shall act according to the principles of justice, reasonableness and good faith)
CC 6.4 (The creditor and the debtor must conduct themselves in good faith, reasonably and justifiably both
at the time the obligation is created and existing, and at the time it is under performance or extinguishment.)
CC 6.158 p. 1 (Each party of a contract shall be obliged to act in accordance with good faith in their
contractual relationships.)

...
 Conclusion

▪ 1. There is no single definition of the concept of general principles of law,

but most of their features are treated in the same way. The case law
interprets the general principles of law more through the prism of
application, and the doctrine analyzes the theoretical side more.
▪ 2. Regarding the meaning of the principles, they systematize legal norms
and without the principles those legal norms would be difficult to apply in
law.
▪ 3. The existence of general principles of law in the law of the Republic of
Lithuania is enshrined directly in the law, in the Constitution and in the case
law.