Compilation of court decisions in cases on claim collateral is published on the web site of the Supreme Court. Research is performed by the doctor of law Daina Ose in cooperation with the Division of Case-law of the Supreme Court.  

The goal of the summary is to study trends of development of case-law in application of claim collateral from 2012 until 2014, by analysing rulings of the Senate of the Supreme Court (since 2014 – the Department of Civil Cases) and the Chamber of Civil Cases of the Supreme Court, and rulings of regional courts and district (city) courts. In total, more than 500 rulings passed by different court instances were analysed, establishing similar and different trends of application of case-law, to illustrate cases of application of particular means of claim collateral and to unify understanding about them. Particular examples analyse such cases of case-law, when court receded from previous praxis. The author  of the study points out that praxis of claim collateral developed in two stages, i.e., until 2010, when the Constitutional Court, in its judgement of 30 March 2010 passed in case No. 2009-85-0 pointed out some discrepant conclusions of this praxis, which were made in single issues of application, and after 2010, when observance of proportionality between legal interests of parties and proving of necessity of claim collateral by appropriate evidence has become determining criteria to apply claim collateral. The claimant’s (possible claimant’s) doubts that enforcement of a judgement of the court in the case could become encumbered or impossible do not serve as sufficient reason to decide on claim collateral.

The summary comprises criteria, which allow segregating of claim collateral from temporary protection, which often are mixed in practice, and the most important conclusions on application of claim collateral both before filing of a claim to the court, and simultaneously with the claim. Particular attention is drawn to justification of claim collateral and abolition of claim collateral. 

Compilation of court decisions was performed upon order of the Council for the Judiciary. Observing issue on case-law in application of claim collateral, which was updated last year by the Legal Affairs  Committee of the Saeima (Parliament), high interest and often critical attitude of public and media towards procedure and results of examination of such cases in courts, the Council for the Judiciary urged the Supreme Court to summarise case-law and to identify problematic issues regarding application of claim collateral.

The summary “Case-law in cases on claim collateral” is available on the web site of the Supreme Court www.at.gov.lv in section Judicature/ Compilations of court decisions/ Civil law

See here

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211