Humanization of state justice through institutionalized arbitration
Humanization of state justice through institutionalized arbitration
Author(s): Daniel Cătălin ChiforSubject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: arbitration; equity; institutionalized arbitrage; risk; opportunity;
Summary/Abstract: The role of the arbitration is to humanize the settling procedure for disputes over formalist and sometimes not fully understood state justice, or like the great Honore de Balzac once said "as soon as a man has fallen into the hands of justice, he is no more than a moral entity, a matter of law or of fact, just as to statitics he has become a zero.".One must not misunderstand that arbitration should replace state justice as the state justice in the only one that can guarantee and ensure the observance of the correlative rights and obligations, public order, morals and imperative provisions of the lato-sensu law by applying the coercive force of the state, being the only one able to act in this way.Thus, arbitration is an opportunity for the parties and not a risk of denial of justice.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: VIII/2020
- Issue No: VIII
- Page Range: 608-613
- Page Count: 6
- Language: English