Aspecte ale rolului activ al judecătorului în procesul de partaj judiciar
Aspects of the active role of the judge in the judicial division process

Summary/Abstract: The article analyzes the theoretical and practical aspects of the active role of the judge in the special procedure of judicial division. The essence of the active role is that judges have the duty to persevere, by all legal means, to prevent any mistake in finding out the truth in question, based on the facts and the correct application of the law, in order to give a sound and lawful decision; they will be able to order the administration of the evidence they deem necessary, as well as other measures provided by law, even if the parties object. Practical aspects highlight the way in which the court discussed in the parties the need to introduce another person in the case and the correct qualification of the application submitted to the court.

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