Theoretical Aspects in regard to the Regulation of Evidence in the Civil Lawsuit
Theoretical Aspects in regard to the Regulation of Evidence in the Civil Lawsuit

Summary/Abstract: In our currently used language, the word evidence represents thelogical-mental operation by which we attempt to prove something, to demonstrate,to emphasize a certain statement which provides credibility to a particularsituation. The institution of evidence in objective law was differently regulated inmaterial law as opposed to procedural law, depending on the different factorswhich configured private law, but also in direct connection with the lawmaker’sinterest. Thus, the current Civil Code no longer contains regulations regardingevidence in antithesis with the 1864 Civil Code; however the institution is regulatedin the new Civil Procedure Code, namely law no. 134/2010 regarding the CivilProcedure Code, which would later be republished with subsequent changes. As aconsequence, the institution is currently studied in Civil Procedure Law, whereas,before this new regulation, it was studied within the general theory of Civil Law.

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