Probation in the Civil Process: The Role of Expertise
Probation in the Civil Process: The Role of Expertise

Summary/Abstract: Probation in the civil process is the logical-practical activity based on the principle of adversariality, aimed at acquiring concrete knowledge about the circumstances in which the facts that are important for the settlement of the case occurred, carried out by all the subjects of the civil process. Probation consists of procedural actions of the court, of the parties, of other interested persons in order to present the evidence, administer and evaluate it in order to establish the objective truth and issue a legal and thorough decision by the court. The purpose of probation resides, first of all, from the duties of the civil procedure which are established in Article 4 of theRomanian Civil Procedure Code. In particular, the purpose of judicial probation is not limited only to the collection and presentation of evidence, but also to their assessment by the court, namely to the formulation of logical conclusions that would allow the reasoning of the court decision, respectively creating the possibility of its execution in the settlement of the dispute.

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