Breach of the right of defence. The arguments filed only on the objection of late submission of the opposition, without the parties having been given the opportunity to speak and on the motion for reopening of the opposition period

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The merits judge infringed the provisions of Article 128 of the Code of Civil Procedure of 1865, which provides that the parties have the right to discuss and argue any question of fact or law raised in the course of the proceedings by any participant in the proceedings, including by the court of its own motion. The court is obliged, in any proceedings, to submit to the parties for discussion all claims, defences and circumstances of fact or law relied on. The court shall base its decision only on reasons of fact and law, explanations or evidence which have previously been the subject of adversarial proceedings.