Mizar: I understand the president’s words about the association differently

On July 1, twenty years ago, the first civil code of the independent Republic of Lithuania came into force. CC judge prof. V. Mizar explained in Delfi rytas how this date is significant in the life of our country.

“For me, as a citizen and, of course, as a lawyer, this is very important. Because I appreciate that after the adoption of the Constitution in 1992, the adoption of the Civil and Other Codes finally established the independence of the law of our state. Having the right (especially codified) is very important also in the political sense, because it is a certain continuation of the consolidation of independence and perhaps an even greater consolidation ”, said V. Mizar.

The lawyer said that this was a large-scale legislation.

“For the first time in the history of the Republic of Lithuania, a legal act of this scope was adopted. Naturally, the errors persisted and corrections were made, “said V. Mizaras.

Although, according to the lawyer, it will adapt and change, but it is one of the most stable legislation.

“I would very much like it to stay that way, to maintain its partial stability,” Mizar said.

The law changes in response to realities

The interlocutor pointed out that after the adoption of the CC, Lithuania equated the field of private law with its civil law and became part of the family of the Western tradition of private law.

“Although until the year 2000 we lived in a second independent republic, we are still guided by the foundations of civil law, which were built on the basis of Soviet law. This step (…) also has a political aspect, because in this way we finally got rid of the core of Soviet law, on which we had previously built, corrected, adapted to changed realities, but the basis remained not our rights, but the rights of a foreign state, Mr. Mizar spoke.

The CC judge explained that in general the law must respond to social realities.

“The right is a value that must always respond to social realities, to changes in public relations, to the needs of the people who live in the relevant period in which that right is adopted, created and in force. The CC has already responded to the conditions and needs of the time or to the change in public relations, especially in many areas. And also, in my opinion, in a promising sense, even in a good decade, or maybe even a couple of decades ahead, he foresaw what the needs of our independent state and market relations might be, “said V. Mizar.

Specifically, on family law issues, according to the professor, the Central Committee has made very clear progress in evaluating the diversity of society, and the diversity of forms of family life that were already relevant at that time. And in addition to the traditional regulation of the legal relationships of the conjugal family, it also regulated extramarital family life, then in 2000, legal family relationships were formed on the basis of associations between couples of different sexes.

“It is true that, as we know, the entry into force has been postponed, the entry into force has been delayed because a separate law had to be passed to provide for the registration of the fact of the company itself,” said Mizar.

Believe a compromise will be found

Twenty years ago, there was talk of the need for a gender partnership. The professor does not rule out that perhaps twenty years ago it was already relevant, but now the current issues related not only to the regulation of legal relationships and the guarantee of legal security for different-sex couples who live in life are especially visible. family.

“It seems to me that these discussions and initiatives may be overdue, but I think the initial motive – responding to the needs of the people – I think will be implemented by the legislator sooner or later,” Mizar said.

The lawyer sees that the legislature is now working hard on that.

“Individual authorities will definitely find a compromise. I believe that all authorities are concerned with protecting the interests of the people. When we speak of an atypical family life or an atypical family life, it is natural that not everyone has the same positions. As we can see, the debate is balanced between tradition and innovation or the satisfaction of new needs.This is a phenomenon of normal discussion.

But I trust that the legislator will find the option of guaranteeing that legal security for the whole family, which would be the most necessary for those people who would be covered by that law, ”said V. Mizar.

President Gitanas Nausėda constantly emphasizes that the legal regulation that is being developed must not be in conflict with the Constitution. In these statements, the professor sees no contradiction with the aspirations of the legislators.

“I understand the words of the president differently. He does not say that something is against. He says that he should not object. I think that not only the president, but also all the people, all the other authorities, also have such an aspiration that the laws approved are not in conflict with the Constitution.

I believe that the legislator will really be able to approve such a law, such a regulation that does not contradict the Constitution, ”said V. Mizaras.

The CC has already ruled on the need for family legal protection.

“2011 and 2019 In its rulings, the CC has explained that the Constitution protects all families if these couples lead such a family life. And families must have adequate legal security, the scope of which depends on the legislator, but still to a certain degree of legal security for each couple who lead a stable, mutually respectful, mutual and child-based life. The CC did not say anything new. I think that probably the whole of society understands that each family is worth respecting the life of their family in the appropriate measure, ”said V. Mizaras.