Two main guardian principles of the civil lawsuit reflected in the case-law of the national Courts: the principle of availability and the principle of adversariality
Two main guardian principles of the civil lawsuit reflected in the case-law of the national Courts: the principle of availability and the principle of adversariality
Author(s): Raluca Lucia PaulSubject(s): Civil Law, Sociology of Law, Court case
Published by: Editura Universitaria Craiova
Keywords: civil procedure; principle of availability; principle of adversariality;
Summary/Abstract: The principles of the civil lawsuit were initially developed by the doctrine of law, but they were expressly stated by the New Civil Procedure Code. These are important because they are a barometer for both the judge and the parties, stating the guidelines for the civil lawsuit for all its actors. All law professionals should keep in mind the guiding principles and the paper aims to identify how these principles give the judge the instruments to identify simple solutions to difficult problems.
Journal: Revista de Științe Politice. Revue des Sciences Politiques
- Issue Year: 2023
- Issue No: 78
- Page Range: 107-114
- Page Count: 8
- Language: English
- Content File-PDF