Rolul activ al judecătorului în administrarea probatoriului cauzei. Puterea conferită acestuia de a aprecia asupra probelor administrate, inclusiv prin recalificarea unora dintre acestea dintr-o categorie în alta

Active role of the judge in the administration of the evidence of the case. The power conferred on it to assess the evidence, including by reclassifying some of it from one category to another

Abstract

The judge's active role in the civil process manifests itself on several levels. One of these is the power to order of its own motion the taking of evidence it deems necessary and to assess both the evidence and that proposed by the parties in the light of its own system of legal values, which must meet two requirements: on the one hand, the breadth and depth of legal knowledge and reasoning required and, on the other hand, their constant adaptation to the specific case before the court. The extension of the power of appraisal of the evidence given is the ability of the judge to...