Încălcarea unor obligaţii privind desfăşurarea procesului. Sancţiuni
Violation of obligations regarding the process. Sanctions

Summary/Abstract: The article represents a genuine comment of article 187 of the Code of Civil Procedure regarding judicial fines and damages. Related to procedural rights there are also some procedural duties. The legislator preferred to use the phrase "obligations regarding the process" in exchange for that of "procedural obligations" to avoid confusion between obligations, as an institution of material law or civil procedural law. Thus, in applying the analyzed provisions, there must be a fair balance between the guarantees given to the parties in order to respect their right to a fair trial and the need to ensure a reasonable fairness, without excessive formalism, in organizing and carrying out the civil process.

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