Can the Judge Discard an Exception of its Own Motion? Cover Image
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Ar putea judecătorul să renunţe la o excepţie invocată din oficiu?
Can the Judge Discard an Exception of its Own Motion?

Author(s): Liviu Alexandru Viorel
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: discard of an exception; exception of its own motion; judge

Summary/Abstract: The renouncement to the exception is, in the light of the examined aspects, the result of an unnatural application of the active role principle which applies to the activity of performing justice. In my opinion, the judge cannot legally discard an exception of its own motion. This thesis applies through the force of arguments which prevail against the contrary thesis, and also through the reasons which accompany these arguments.

  • Issue Year: 2013
  • Issue No: 04
  • Page Range: 204-206
  • Page Count: 3
  • Language: Romanian