Aspecte particulare privind probele în procesul civil
Particular Aspects Regarding Evidence in Civil Proceedings

Summary/Abstract: In civil proceedings, there is an inclination to ensure a balance between the private interests of the parties and the public interest, namely the sound administration of justice and the strengthening of trust in court decisions which have to be seen as the proper ending of a lawfully conducted procedure. This attempt to reconcile the opposing interests is well reflected, as will be discussed below, in the regulation of evidence: in the distribution of the burden of proof; in the correlation between the rights of the parties to dispose of non-imperative rules on the one hand and the active judge and the need to establish the judicial truth on the other hand; in the existence of a deadline to propose evidence, the possibility of delaying the procedure being moderated by the intervention of the judge; in the possibility to conclude agreements on evidence, but not to such an extent as to make the judicial investigation impossible. The following article will describe particular legal difficulties regarding the admissibility and the proposing of evidence, which can arise, even though the judicial investigation seems essentially factual.

• Details
• Contents