Cronica unui caz de discriminare şi reflecţiile inerente

Judecător Mihail STĂNESCU-SAS

Curtea de Apel Constanţa, secţia I civilă

Abstract

Court practice is more than a way to resolve disputes, as it holds an essential role in preventing their recurrence.

Published court jurisprudence, as a legal literature genre, comprises of presenting an abridged and anonymized judgment, sometimes followed by one or rarely several scientific comments. Unlike the doctrine, this literary genre holds the merit of promoting the judicial language and allowing the reviewer the use of a speech having not only theoretical accents, but also a practical perspective, oriented to the case.

Within this form of legal communication, we submit a construction built not around a single court judgment, but around an entire litigious circumstance, for the resolution of which contributed three judgments, each covering two suit phases, a point when we assert that the judicial reality is many times the result of a succession of...