7. Calificarea răspunderii civile delictuale şi (re)calificarea acţiunii. Limitele rolului activ al judecătorului
7. Qualification of Tort Liability and the (Re)qualification of the Action. Limits of the Judge’s Active Role

Summary/Abstract: This article examines the issue of legal qualification and requalification of claim from the perspective of the type of tortious civil liability applicable in the case, seeking to identify the limits of the judge’s active role in civil proceedings from this standpoint. The analysis starts from a case in which the courts held that the same harmful event gives rise to several forms of tortious civil liability, exploring, on the basis of this situation, the relationship between the claimant’s right to determine the procedural framework of the action and the court’s prerogative to requalify the legal nature of the acts and facts brought to trial.

• Details
• Contents