Legal reclassification of claims made by the parties, an essential component of the judge's active role. It is only within the limits set by the parties with regard to the procedural framework which is the subject of the investigation and debate

JURISPRUDENȚĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

An expression of the principle of availability, the procedural framework of a civil dispute is legally shaped by the parties to the case through the claims and defences raised. These will be the subject of the investigation of the trial, in accordance with the provisions of Art. 237 para. (2), item 3, Civil Procedure Code. and, then, of the debate on the merits of the case, according to the provisions of art. 389 of the Civil Procedure Code The procedural framework thus established before the first instance court cannot be changed subsequently in the appeal proceedings, since the status of the parties, the cause of action or the subject-matter of the claim cannot be changed on appeal (which also applies to the appeal) and no new claims can be made. The principle of availability must be interpreted in conjunction with that of the active role of the judge, in the sense that the judge contributes, together with the parties, to the conduct and conclusion of the dispute, but only within the limits set by the parties.