Legal qualification of the claim in relation to its purpose and not to the legal basis relied on. Active role of the court. Significance of the provisions of Article 22 of the Civil Procedure Code

JURISPRUDENȚĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

From the provisions of Article 22 para. (1), (4) and (5) of the Civil Procedure Code, it is clear that the judge resolves the dispute in accordance with the rules of law applicable to the case before the court and not on the basis of the legal basis indicated by the parties, who may not invoke a legal basis for the claim made or, through error, inattention or ignorance, may indicate a legal basis that is incorrect or inappropriate in relation to the purpose for which the claim was made.

Moreover, the court is obliged to give or reclassify the facts of the case, in the first case, if the party itself has not indicated a legal basis, and, in the second, if the party has invoked a legal basis which is incorrect or inappropriate to the claims made and which it seeks to have recognised in court. Such an obligation exists equally where the party is assisted by a lawyer and where the party does not have access to specialist legal assistance.