Possession disturbed by violence. Grounds for the judgment

JURISPRUDENŢĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

Abstract

Failure to show concretely the reasons why the court appropriates or removes certain arguments or evidence, but it boils down to a brief reference to some of the witness statements, without analyzing them in correlation with the other evidence, is practically equivalent to the lack of motivation, because it robs of contained the very reason for which the party turns to a court seeking a coherent and substantiated application of the legal situation to the factual one. By doing so, regardless of the solution pronounced in the case, the litigating parties will not be able to understand whether and why they were right or not, having the opportunity to correct their behavior in the future. Under these conditions, it is necessary to cancel the court decision and send the case for retrial.