This week the collection of sentences and rulings of the Department of Civil Cases of the Senate, passed in year 2008, became available for the public. In this collection 112 selected decisions in civil cases have been published.

Traditionally, like in collections of previous years, decisions published have been generalized according to categories of cases, in which disputes between participants of the process occur most often, also taking into account the significance and topicality of such category of cases. One or more theses have been attached to the decision, which in concentrated and generalized way reflect the conclusion, stated in the decision, about application or interpretation of concrete legal standard. For convenience of readers several indices have been included in the collection.

The most part in the collection take sentences in questions of application of material legal standards in cases that result from liability law. The second biggest category is cases about application of procedural legal standards in questions about respect for rights of individuals in legal proceedings.

There has noticeably reduced number of cases about restoration of property rights due to amendments of laws on land reform and privatisation, restoration of property rights for illegaly alienated and nationalised property. This process has practically ended, there is only a small number of such cases left unreviewed in the Senate. The number of cases reviewed in the court, about inheritance has also decreased. These are results of amendments in the law, by which rights of sworn notaries to proceed with cases about inheritance have been broadened. This is possible in case, if there are no disputes between heirs about hereditary rights.

The decisions of the Senate in civil cases, published in the collection, can be interesting for scientists and practising lawyers, and also are useful for the processes of studies in law high schools.

The Chairman of the Department of Civil Cases of the Senate Valerians Jonikans indicates that availability of court decisions for the society has been established by basic juridic principle about publicity of court activity. However, decisions, published in the collection, have permanent meaning and they characterize the development of the case-law in the Republic of Latvia in historical sight. Decisions of the Senate of the Supreme Court have also meaning in creation of database of the case-law and they can be as practical assistant in similar cases that have been reviewed in the court practice about similar legal relationship. The possibility of getting acquainted with decisions of the court, offered to participants of the case and to any other person, who meets similar problem, helps to predict possible resolution of the dispute and decide, if there is ground to submit the claim to the court or appeal the decision of the court of lower instance.

Valerians Jonikans indicates that several conclusions in court decisions were made in the result of long discussions of judges, searching for the best and the most correct interpretation of legal standard. The department of Civil Cases of the Senate hopes that feedback will be created, and that would be a great contribution to further development of the case-law and juridical thought, by improving and upgrading the quality of litigation.

The collection has been published in small edition by the Agency of Court Houses. Ex-senator of the Supreme Court Rolands Krauze and assistant of the senator of the Department of Civil Cases of the Senate Zinaida Indruna took part in its preparation.


Information prepared by

Head of the Division of Communications of the Supreme Court Rasma Zvejniece

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