Limitele exercitării rolului activ al judecătorului şi calificarea temeiului juridic al cererii de chemare în judecată

The limits of the judge's active role and the qualification of the legal basis of the claim

Abstract

The legislator has regulated the active role of the judge, as a fundamental principle of the civil process, which is reflected not only in the obligation to establish correctly and completely the state of facts, but also in the correct qualification of the legal basis of the claim.

In the first case, the judgment of the court of first instance dismissed the application as inadmissible because, in bringing an action for rescission before the court, it raised as a legal basis issues relating to the validity of the legal act, namely the lack of subject-matter and cause of action, but the factual reasoning was circumscribed to the grounds of invalidity. The Court of Appeal upheld the appeal and remitted the case for retrial, finding that the first instance did not play an...