Motivarea hotărârilor judecătoreşti - obligaţie, drept şi îndreptăţire

Mihail DINU

avocat definitiv, Baroul Bucureşti

ABSTRACT

Justice requires, without doubt, the court's intervention. When private interests cannot be reconciled amicably inter partes and in special circumstances when the public interest requires access to justice, all civil relations must be analyzed, interpreted and untied only through court. Invariably, the court's voice is the judgment.

Far from claiming completeness, we propose in this paper to consider a sine qua non component of the judgment - the reasoning or the argumentation in fact and in law. Insisting on the provisions of the New Code of Civil Procedure (NCPC), without neglecting the previous regulation or relevant nuances of comparative law, this approach is also the expression of our desire for more accountability of the courts on their argumentation considered to be their light and wisdom.

Keywords: court judgment, judgment argumentation, exceptions to...