The Division of Case-law and Research has prepared a summary of the types of civil actions and their classification in civil law from a historical perspective – in the case law of the Latvian Senate. The purpose of the compilation is both the development of legal thought and a practical contribution to the application of legal norms.

In the Civil Law, the right to bring an action is protected by more than 200 legal norms. Over time, both the requirements, classifications and the criteria by which civil actions are systematized have changed. The most common division is legal, personal and recognition civil actions, sometimes constitutive, transformative and other civil actions are distinguished separately. According to the type of execution, there are civil actions which allow for compulsory execution and civil actions regarding which such execution is not necessary. They can be brought as part of one lawsuit or individually. Historically, civil actions have also been distinguished according to the status of the parties in the proceedings, that is, in some lawsuits, the parties can be both plaintiffs and defendants at the same time.

The prepared compilation consists of two parts: a review of the rulings of the Latvian Senate and comments provided by legal scholars.

The first part (a summary of case law) includes 108 chronologically arranged excerpts of the decisions of the Civil Cassation Department of the Latvian Senate on civil action and its types from 1919 to 1940. Senate’s findings on the qualification of civil actions within the relevant lawsuit and the senators' statements of reasons thereof are selected for the summary.

The second part (comments) is designed as an overview of legal scholars' comments on civil action and its types. References are given or excerpts are added from the works of authors whose doctrine is the basis of the legal practice of the Latvian Senate or was influenced by it, for example, K. Mališevs, R. Gordons, J. Vaskovskis, D. Grims, I. Tjutrjumovs, V. Bukovsks, V. Sinaiskis, K. Čakste. Many of these materials are available electronically on websites of the Latvian National Library, the Supreme Court and other websites.

For the convenience of the users, a transcript of the abbreviations used, as well as a translation of some foreign words, the norms of the Civil Law and Civil Procedure Law, as well as an index of keywords have been prepared.

The material was compiled by Zinaida Indrūna, the Consultant to the Division of Case-law and Research in matters of law application.

See the summary "Civil action – Latvian Senate’s case law and comments" on the website of the Supreme Court at www.at.gov.lv in the Case law/Compilations of case law/Civil law (in Latvian)

 

Information prepared by

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

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211