Principle of Availability vs. Active Role of the Court.Brief Practical Considerations

Catalin Lunganasu ()
Additional contact information
Catalin Lunganasu: Faculty of Law, West University of Timisoara; Judge at Timis Court, Romania.

Perspectives of Law and Public Administration, 2023, vol. 12, issue 4, 550-562

Abstract: The principle of availability outlines a specificity of civil proceedings that may seem to contradict the active role that the court must play in order to resolve the case fairly. The simultaneous application of these two defining rules for civil procedure in relation to the rights of defence and to a fair trial generates certain practical problems that we point out in this study, given that the court is bound to respect the limits of the judgment vested in it, but at the same time must resolve the dispute according to the applicable rules of law in order to deliver a legal and well-founded decision.

Keywords: the principle of availability; the active role of the court; the right of defence; elements of civil action. (search for similar items in EconPapers)
JEL-codes: K33 K38 K40 (search for similar items in EconPapers)
Date: 2023
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://www.adjuris.ro/revista/articole/An12nr4/6. ... 20Lunganasu%20EN.pdf

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:12:y:2023:i:4:p:550-562

Access Statistics for this article

More articles in Perspectives of Law and Public Administration from Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) Contact information at EDIRC.
Bibliographic data for series maintained by Catalin-Silviu Sararu ().