Rolul judecătorului în aflarea adevărului - Repere desprinse din jurisprudenţa Înaltei Curţi de Casaţie şi Justiţie -

Tabita Monica Maftei

Magistrat-asistent la Înalta Curte de Casaţie şi Justiţie

The role of the judge in finding the truth

- Landmarks drawn from the case law of the High Court of Cassation and Justice -

Abstract

In the conduct of civil proceedings, the task of ascertaining the truth, as important as it is difficult, has been placed by the legislator exclusively on the shoulders of the judge. Of course, the good faith referred to in Article 12of the Code of Civil Procedure implicitly implies the obligation of the parties to cooperate with the court in order to find out the truth. However, the only one who has both a legal and a moral obligation to act with all the abnegation, within the limits imposed by law, to discover the objective truth, is the judge. The procedural means at his disposal, in order to achieve this goal, are as broad as they are fluid in application, the...