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About Limits in Exercising the Active Role of the Judge in Romanian Procedural Law.
- 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]
- Subjects :
- LEGAL procedure
LEGAL services
LOCAL government
ACTIONS & defenses (Law)
Subjects
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