The Judge’s Active Role and the Principle of the Availability of the Parties in a Civil Lawsuit

Abstract

The main aspects through which the active role of the judge is manifested and which can be, at the same time, perceived as limitations of the principle of the availability of parties in a civil lawsuit are: the right of the court to set in order for the evidence to be considered useful in finding the truth, apart from the evidence proposed by the parties and sometimes against the ones commonly supported by the parties; the possibility of the judge to demand explanations regarding the actual situation from the parties and the motivation de jure that the parties invoke in advocating their demands and defenses, as well as subjecting to debate any circumstances de facto or de jure, even though they are not comprised in the summons or in the statement of defense; the enforced introduction of other people in the cause; legal classification of the deeds and facts inferred from the judgment made by the judge.