Mijloacele materiale de probă şi riscul utilizării noilor tehnologii. Valenţe probatorii în materia litigiilor de dreptul familiei
Material means of evidence and the risk of using new technologies. Evidence value in family law disputes

Summary/Abstract: Although known at the level of doctrine as material evidence, the Code of Civil Procedure entered into force on February 15, 2013 introduces, for the first time in Romanian procedural law, provisions regarding the institution of material means of evidence. The specifics of this means of evidence, respectively the content that may concern technical or IT aspects among the most diverse, call for increased diligence, both in terms of the possibility of the legislative process being called upon to supplement gaps or shortcomings and in terms of the punctuality of the application of the rules by the courts. In the context of this study, we intend to detect, to begin with, (I) the legal provisions applicable to material evidence, following that, in the second (II) part of the study, we will present the potential risks of new technologies and the subsequent evidentiary values in the context of legal disputes to the family, going to close the article (III) by summing up some conclusions by which we will try to answer the question: „Does the institution of material means of evidence require «an update»?”

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