Câteva considerații în legătură cu expertizele tehnice judiciare administrate de instanțele judecătorești în procese civile
A few considerations related to technical judicial expertises administered by courts in civil proceedings

Summary/Abstract: The expertise, object of analysis of the present article, constitutes an evidence whose administration is frequently encountered in the judicial practice in civil matters, being imposed in order to clarify some factual circumstances through the specialized contribution of an expert. Thanks to its high degree of precision in determining the factual circumstances of the litigious situation, the expertise is one of the most edifying evidence administered in a trial, being necessary, as such, a thorough knowledge of its legal regime, but also of the issues that envisage the specialization of the expert appointed to carry out the expertise and set its objectives. The study addresses, both from a theoretical and practical perspective, the issue of proposing, approving and administering evidence with the expertise, which is sometimes subject of doctrinal and jurisprudential controversy. Thus, in the article there are presented the solutions considered legal from the author’s point of view with regard to the hypothesis in which the evidence with the expertise was not requested through the summons or the counterclaim, but verbally at the trial term, to the one regarding the non-compliance of the party when executing the obligation to pay the fee of the expert appointed to perform an expertise whose administration was ordered ex officio, to the possibility of the court to invoke, ex officio, the exception of late proposal of the evidence, to the modality in which the party should indicate the objectives of the expertise, to the obligations of the expert concerning the submission of the expertise report to the file, as well as other such legal matters. At the same time, in the study there are presented proposals related to the type of expertise that would be required to be carried out in order to resolve some civil actions, as well as the objectives that could be established, the latter can, of course, be customized according to the concrete circumstances of the action brought before the court, the enunciated ones constituting only an indicative starting point in the approach of the court.It is necessary for the judge to know the specialization that is necessary for an expert to perform the expertise that would accurately determine the factual circumstances of the case and that could also set clearly and precisely the objectives of the expertise so that the expert can respond correctly and clearly, and, thus, the administered expertise could constitute a conclusive and useful evidence.

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