Drept procesual civil. Decizie în interesul legii. Hotărâre judecătorească. Obligaţia motivării. Garanţie a dreptului la un proces echitabil

Abstract

Art. 261 par. (1) of the Code of Civil Procedure consecrated the principle according to which judgments must be motivated, and the failure to observe this principle represents a cassation ground in accordance with art. 304 point 7 of the Code of Civil Procedure, the role of the text being that of ensuring the good administration of justice and the possibility to exercise the judicial control.

The fact that with regard to the case brought to court, the United Sections of the High Court of Cassation and Justice delivered a decision in the interest of the law does not prevent the judge of a case from motivating his decision and from analysing the claims of the parties, by directly relating to the factual and legal situation.

Keywords: judgment, motivation, non-investigation of the substance of the case

(ÎCCJ, secţia contencios administrativ şi...