Rolul instanţei în identificarea şi stabilirea temeiului de drept. Respectarea principiului disponibilităţii. Interpretarea dispoziţiilor art. 22 alin. (4) C. pr. civ.

The role of the court in identifying and establishing the legal basis. Compliance with the principle of availability. Interpretation of Article 22 para. (4) of the Civil Procedure Code

Abstract

It follows from the provisions of Article 22 of the Civil Procedure Code that a party's erroneous invocation of a text does not affect the court's right to determine and apply the correct text to the factual situation substantiated by the party. An exception is the situation provided for in paragraph. (5) of art. 22 of the Civil Procedure Code, but such a situation is not found in this case.

The fact that the parties relied on different articles or different rules on the interest sought to be awarded in the case does not constitute a breach of the limits of the court's jurisdiction, but it does show that the parties did not reach an...