PROCEDURAL ACTS OF DISPOSITION OF THE PARTIES IN THE CIVIL PROCEEDING Cover Image

Actele procesuale de dispoziție ale părților în procesul civil
PROCEDURAL ACTS OF DISPOSITION OF THE PARTIES IN THE CIVIL PROCEEDING

Author(s): Mădălina Dinu
Subject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: waiver of the judgment; waiver of the right disputed in court; accepting; deal; act of disposition;

Summary/Abstract: The acts of disposition of the parties in the civil proceeding have an indissoluble connection with the principle of availability, by virtue of which the parties choose the conduct they have to follow in the civil proceeding, which determines the consequences of their actions or inactions. By virtue of this principle, the party has the possibility to dispose of his rights, in the sense of giving up the trial, of giving up the right disputed in court, of finalizing the dispute by closing a deal with the opposing party, of accepting the judgment in the sense of no longer exercising remedies when the party loses the case. In accordance with the same principle, the defendant has the option of accepting the claims made by the plaintiff in the claim for damages. Regardless of the form in which it manifests itself, the procedural acts of disposition constitute the sovereign will of the party to dispose of his rights.

  • Issue Year: II/2014
  • Issue No: II
  • Page Range: 668-674
  • Page Count: 7
  • Language: Romanian