Back to Search Start Over

About Limits in Exercising the Active Role of the Judge in Romanian Procedural Law.

Authors :
LUPU, Mihai
Source :
Jurnalul de Studii Juridice; 2022, Vol. 17 Issue 3/4, p36-47, 12p
Publication Year :
2022

Abstract

The active role of the judge, a fundamental principle of procedural law, is applied as varied as the personalities of the judges who administer justice are different. In relatively simple lawsuits, with a well-defined object and placed in a single demand end, the active role is limited to following a natural, predictable path. However, there are also situations in which the lawsuits have a complex object, with several claims, an object that does not, in fact, resolve the dispute, but will probably lead to another lawsuit. The tendency to emphasize formalism raises the issue of the everincreasing limitation of the judge's role. In this paper I propose to outline some of these boundaries and possible situations in which the judge, exercising his active role by possibly expanding the procedural framework, resolves the dispute and prevents a new trial. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
18416195
Volume :
17
Issue :
3/4
Database :
Complementary Index
Journal :
Jurnalul de Studii Juridice
Publication Type :
Academic Journal
Accession number :
164232577
Full Text :
https://doi.org/10.18662/jls/17.3-4/109