The Initiative of the Judge in Matters of evidence. Aspects of comparative Law

Abstract

This paper aims at exploring a controversial issue in doctrine, jurisprudence and legislation of European countries and Latin America: the role judges should play in the system of evidence in the civil trial. Certain legislations and some theorists argue for a judge to be an "expectant observer", other for an active judge, a guide of the trial. We will try to emphasize the practical advantages and disadvantages of the existing theories (especially the Romanian, French and Spanish ones), in order to decide which solution is the most effective to achieve the purpose of civil trial: social peace.