Prezumţiile şi principiul contradictorialităţii în procesul civil

dr. CĂTĂLIN LUNGĂNAŞU*

* e-mail: catalinlunganasu@yahoo.com

Asist. univ. - Facultatea de Drept, Universitatea de Vest din Timişoara

Judecător - Tribunalul Timiş

ABSTRACT

Although widely used in civil proceedings, presumptions receive little attention from either judicial practice or doctrine. Classified more or less naturaIIy as evidence, presumptions are required to foIIow the general legal regime as regards the proposal, acceptance and taking of evidence in civil proceedings, even if their particular features would require differentiated legal treatment. Moreover, the specific features of presumptions in the architecture of civil proceedings sometimes conflict with the fundamental adversarial principle, since the parties risk being unaware of the presumptions applied by the court only belatedly, by reading the recitals of the judgment in the case.

This study mentions some of these specific differences that make it necessary...