An unperformed contract, an unpaid debt, an inheritance not accepted in time, family disagreements or a dispute over real estate can lead to significant legal and financial consequences. In such cases a civil law attorney helps to assess whether a claim is well founded, to preserve important evidence, to avoid missing the applicable time limits and to choose the appropriate remedy.
Civil law governs the property relations of natural and legal persons, the related personal non-property relations, family relations and other private legal relations. A dispute may be resolved through negotiations, by submitting a formal claim, through mediation or by applying to court.
The law firm "Ernestas Bušmovičius ir partneriai" advises private individuals and businesses, reviews documents, drafts contracts, formal claims and procedural documents, conducts negotiations and provides representation in civil cases. Before taking any legal action we explain the available solutions and assess the evidence, the prospects of the dispute, the procedural risks and the expected scope of work.
Divorce, child maintenance, determining a child's place of residence or the division of joint spousal property are not only legal but often also emotionally sensitive matters. We therefore first assess whether the parties are able to reach an agreement, and if a dispute arises, we prepare a legal position that reflects the client's interests and the welfare of the children.
We provide legal services relating to:
Where the spouses agree on the divorce and on all of its consequences, we help to prepare the agreement and the other necessary documents. If an agreement cannot be reached, we prepare the statement of claim, the response and the counterclaim, and represent the client in court.
In family disputes heard under contentious proceedings, mandatory mediation must generally be used before applying to court, except in the cases laid down by law. Current information on this procedure is published on the website of the State-Guaranteed Legal Aid Service.
Inheritance matters become more complex when the estate has not been accepted in time, when no property documents have survived, when not all heirs are known, or when a dispute arises over a will, a certificate of inheritance or the division of the estate.
We advise and represent clients in matters relating to:
A three-month time limit is set for accepting an estate, running from the day the succession arises. Within this period the heir must submit an application to a notary or begin actually taking possession of the inherited property.
If the time limit has been missed, we assess whether there are grounds to request its renewal. Where, within the prescribed period, a person took care of the deceased's property, maintained it, used it or performed other acts demonstrating the conduct of an owner, the question of establishing acceptance of the estate by actually taking possession of the property may be considered.
The three-month time limit is laid down in Article 5.50 of the Civil Code and is discussed in more detail in the case law of the Supreme Court of Lithuania.
A properly drafted contract helps to set out clearly the rights and obligations of the parties, the payment terms, liability and the grounds for termination. Before signing an important agreement it is essential to assess not only its wording but also the practical and financial consequences of the commitments being undertaken.
We draft and review:
We provide representation in disputes concerning the conclusion, interpretation, performance, amendment or termination of a contract. We also assess claims for declaring a contract invalid, for restitution, for the return of money paid, for contractual penalties and for compensation of losses incurred as a result of a breach of contract.
In every case we examine not only the terms of the contract but also the correspondence between the parties, the payments made, the documents transferring goods or works, the formal claims and the actual performance of the contract.
An unrepaid loan, an unpaid invoice or another monetary obligation not performed on time can cause additional losses and make actual recovery of the debt more difficult. Debt recovery should therefore begin with an assessment of the basis of the debt, the available evidence, the debtor's financial situation and the applicable limitation periods.
We assist creditors as follows:
The method of obtaining an award of a debt is chosen according to the available documents, the nature of the claim and whether the debtor disputes the debt. Where the claim is clear and supported by written evidence, the possibility of using court order proceedings or documentary proceedings may be considered.
We also defend individuals and companies against unfounded, time-barred or incorrectly calculated creditor claims, contest disproportionate contractual penalties and assess the documents substantiating payments and the calculation of the debt.
Real estate disputes often involve high-value property and long-term legal consequences. In such cases it is important to assess the data of the Real Property Register, the documents of acquisition of the property, cadastral survey files, plans, agreements between the parties and the actual use of the property.
We provide legal assistance relating to:
Where a dispute arises between co-owners, we assess the possibility of establishing arrangements for the use of the property, separating a share of the property in kind, awarding compensation or choosing another lawful way of resolving the question of common ownership.
A person who has suffered damage as a result of another person's unlawful actions may be entitled to claim compensation. In civil liability cases it is generally necessary to establish the unlawful actions, the damage, the causal link and other circumstances relevant to the application of liability.
We advise and represent clients in matters relating to:
Before bringing a claim we assess the documents substantiating the amount of the damage, the persons potentially liable, the insurance cover, the sufficiency of the evidence and the realistic prospects of the claim.
Where the documents required to exercise a person's rights cannot be obtained or restored in any other way, in certain cases it is possible to apply to court for the establishment of a fact of legal significance.
We prepare applications and provide representation in cases concerning:
Before applying to court we verify whether the fact sought to be established produces legal consequences and whether it cannot be confirmed by documents or established out of court.
Not every civil dispute needs to be referred to court immediately. Where this is in the client's interests, we first seek to resolve the dispute by submitting a reasoned formal claim, conducting negotiations, using mediation or preparing a settlement agreement.
If an agreement cannot be reached or court proceedings are necessary:
Before commencing proceedings it is necessary to assess not only whether the claim is well founded, but also questions of the limitation period, jurisdiction, proof, litigation costs and the actual enforceability of the future court judgment.
The law firm "Ernestas Bušmovičius ir partneriai" has been operating since 2005. We represent clients from Lithuania and abroad who are dealing with civil law matters arising in Lithuania.
Our working principles:
An attorney cannot guarantee a particular outcome of a case. It is the attorney's duty to assess the situation professionally, to prepare the documents properly and to defend the client's rights and legitimate interests by lawful means.
No. Some disputes can be resolved by submitting a formal claim, conducting negotiations, using mediation or concluding a settlement agreement. The possibility of reaching an agreement is assessed according to the nature of the dispute, the available evidence, the position of the other party and the client's interests.
It is advisable to seek advice as early as possible, especially after receiving a formal claim, a statement of claim, a court order or another procedural document. Different claims and procedural steps are subject to different time limits, and a late approach may make it more difficult to defend your rights.
This depends on the particular situation. Contracts, correspondence with the other party, payment documents, register extracts, decisions of institutions or courts and a brief chronology of events are usually required. Once we have received the initial information, we will indicate what additional documents may be needed.
The duration of a case depends on the complexity of the dispute, the volume of evidence, the need for an expert examination, the procedural conduct of the parties and the workload of the court. If the judgment is appealed, the proceedings continue before the court of appeal and, in certain cases, before the court of cassation.
As a rule, each party must prove the circumstances on which it bases its claims or objections. It is therefore important to preserve contracts, correspondence, payment documents, photographs and other evidence relevant to the dispute as early as possible.
The price of the services depends on the complexity of the matter, the volume of documents, the procedural steps required and the duration of the representation. The scope of work and the payment terms are agreed after assessing the particular situation.
If you are facing a family, inheritance, contract, debt, property, damage compensation or other civil law matter, contact the law firm "Ernestas Bušmovičius ir partneriai".
Briefly describe your situation, indicate the most important dates and attach the documents you have. Once we have reviewed the information provided, we will be able to assess the possible further steps.
Civil, family, inheritance, contractual, property and civil liability relations are governed by the Civil Code of the Republic of Lithuania.
The procedure for hearing civil cases, submitting evidence, applying interim protective measures and appealing court judgments is laid down in the Code of Civil Procedure of the Republic of Lithuania.
Information on mandatory mediation in family disputes is published on the website of the State-Guaranteed Legal Aid Service.