24. Appeal alleging that the court failed to play an active role by failing to request documents in the possession of the opposing party Cover Image
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24. Recurs prin care se invocă lipsa rolului activ al instanţei constând în nesolicitarea înscrisurilor aflate în posesia părţii adverse
24. Appeal alleging that the court failed to play an active role by failing to request documents in the possession of the opposing party

Author(s): Aurelian-Marian Murgoci-Luca
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: the court failed to play an active role; request documents in the possession of the opposing party; Civil Procedure Code;

Summary/Abstract: In view of the obligation of the parties to properly prove their claims, allegations and defences, the final paragraph of Article 254 of the Civil Procedure Code expressly states that the parties may not invoke in the appeal proceedings the court's failure to order evidence of its own motion which they have not proposed and taken in accordance with the law.

  • Issue Year: 2022
  • Issue No: 02
  • Page Range: 239-244
  • Page Count: 6
  • Language: Romanian
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