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The principle of the active role of the judge

The High Court of Cassation and Justice decided that, in accordance with art. 129 para. (5) Civil Procedure Code, judges have the duty to insist by all legal means, in ascertaining truth. However, according to art. 129 para. (51) Civil Procedure Code, parties cannot invoke the remedies with regards to failure of the court to order ex officio evidence that they have proposed and administered in accordance with the law. In this case, the appellant has not requested new evidence în its attack reasoning, it cannot rely on the court filing motion in the endeavor to ascertain the truth. (Decision no. 3970 of December 11, 2014 rendered the appeal of Section II of the Civil High Court of Cassation and Justice covering claims)

:: The Source: JURIDICE.ro

Dan Alexandru NEGRU

 

 

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