Raportul dintre principiul disponibilităţii şi principiul rolului activ. Contractul de asistenţă judiciară - contract cu executare dintr-o dată sau cu executare succesivă

The relationship between the principle of availability and the principle of active role. Legal aid contract - contract with one-off or successive performance

Abstract

In the analysis of the relationship between the two principles of civil procedure, governed by Article 9 and Article 22 of the Civil Procedure Code, namely the principle of availability and the principle of the judge's role in ascertaining the truth, the principle of availability of the parties prevails in a situation where, although the court has questioned the legal qualification of the claim, the plaintiff insists on the initial qualification he gave to his action. The plaintiff is the holder of the legal action which he has brought and has the right to dispose of it, so that the court cannot override his expression of will.

The legal nature of the legal...