Calificarea juridică a cererii de chemare în judecată în raport de finalitatea acesteia, iar nu de temeiul juridic invocat. Rolul activ al instanţei. Semnificaţia dispoziţiilor art. 22 C. pr. civ.

Legal qualification of the claim in relation to its purpose and not to the legal basis relied on. Active role of the court. Significance of the provisions of Article 22 of the Civil Procedure Code

Abstract

From the provisions of Article 22 para. (1), (4) and (5) of the Civil Procedure Code, it is clear that the judge resolves the dispute in accordance with the rules of law applicable to the case before the court and not on the basis of the legal basis indicated by the parties, who may not invoke a legal basis for the claim made or, through error, inattention or ignorance, may indicate a legal basis that is incorrect or inappropriate in relation to the purpose for which the claim was made.

Moreover, the court is obliged to give or reclassify the facts of the case, in the first case, if the party...