The principle of the active role of the judge. Non-application in case of optional stay of proceedings

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The active role of the judge cannot be invoked where the trial of the case has been adjourned pending the outcome of another case, pursuant to Article 413(1)(1) of the Code of Civil Procedure, as long as, after the other case has been decided, the party was aware of the decision, being a party to that case, and could have taken steps to resume the proceedings but nevertheless chose to remain passive.