Rolul judecătorului în procesul civil în realizarea principiilor contradictorialităţii şi al dreptului la apărare

Lector univ. dr. Andrea Anamaria CHIŞ

Facultatea de Drept, Universitatea Babeş-Bolyai Cluj Napoca

judecător Curtea de Apel Cluj

ABSTRACT

The two principles, of contradictory and of the defence rights established in articles 13 and 14 of CPC (Civil Procedure Code) are closely connected; the principle of contradictory being a guarantee of the defence rights; which is why we choose to treat them together, of course, related to the theme of the work, approaching them from the perspective of the judge's role in achieving them, a role manifested in different stages of civil process.

In the following, we try to clarify what are the rights and the obligations of the parties based on the two principles; what are the judge’s competences concerning them; what is the judge’s discretion regarding measures to be taken, the criteria on which he must consider them and to what extent his...