Reflecţii privitoare la controlul judecătoresc asupra actelor de dispoziţie ale părţilor în procesul civil

dr. h.c. IOAN LEŞ*

* e-mail: ioan.les@ulbsibiu.ro

Prof. univ. emerit Facultatea de Drept, Universitatea "Lucian Blaga" - Sibiu

ABSTRACT

This approach is meant to carry out a brief examination of the control which the judge is required to perform on the acts of disposition of the parties in the civil trial. It refers to the main sides of availability and, especially, to the presentness and imperativeness of such a control. In this context, the author notes that the new Civil Procedure Code has not abdicated from the active role of the judge, this being far from the peak of its "glory".

Likewise, the author analyzes the procedural ways of invalidation of the acts of disposition, first noting the incidental legislative regulation both with regard to the transaction and to the judgment that confirms the agreement of the party. It is noted that, from a normative point of view, the party does...