PRINCIPIUL LOIALITAȚII IN PROCESUL CIVIL
THE PRINCIPLE OF LOYALTY IN CIVIL PROCEEDINGS

Summary/Abstract: Abstract (en): This study aims to highlight the particularities of the principle of loyalty in Romanian civil procedure. Loyalty in civil proceedings translates into good faith behavior, fairness and sincerity that all participants in the process must demonstrate. The Code of Civil Procedure does not explicitly enshrine this principle, but it can be deduced from a series of other articles, such as: exercising procedural rights in good faith, in accordance with the purpose for which they were recognized by law, administering evidence with loyalty, impartiality of the court, and treating the parties equally. The purpose of the principle of loyalty is to ensure a fair and efficient conduct of the trial, protect the right to a fair trial in light of Article 6 of the ECHR, and guarantee trust in justice. In our analysis, we will consider the valorization of the legal literature that existed at the same time as and after the entry into force of the new Romanian civil procedure code. We also try to show the sources of inspiration of the Romanian legislator when he opted for the modernization of civil procedure

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