Indicarea temeiului de drept substanţial în cuprinsul actelor de procedură ale părţilor – cerinţe şi efecte pe plan procesual
Requirement to indicate substantial grounds within parties’ procedural acts – formal conditions and procedural consequences

Summary/Abstract: The parties can establish, through their requests, the limits within which the court may analyse the facts subject to trial. On the other hand, the court is expected to compensate for the lacking within the said requests, by undertaking tangible acts, such as demanding that parties clarify the merits of their judicial endeavours, either actions or defences. Judicial discipline is the foundation of a fair trial and substantial law cannot reach its full effect outside such trial. This is the connection between material law and procedural acts, the object of this study, set out to identify various actual situations and to propose resolutions in order to achieve one of the fundamental scopes of the civil trial, namely the establishing of the truth.

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