Sanctioning abuse of procedural law as a form of manifestation of the judge's active role in the civil trial. Recourse to the general principles of civil procedure as a specific form of sanction for abuse of the right to bring an application

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The active role of the judge in civil proceedings can take many forms, all designed to ensure a fair procedure that leads to a solution that is appropriate to the factual and legal situation established on the basis of the evidence. A perhaps less visible form of the judge's active role is that of sanctioning the abuse of procedural law by the parties to a specific case. Abuse of procedural law, which may take several forms, may take the form of manifestly inadmissible applications for main intervention, made for the sole purpose of delaying the trial of the case, for the sake of pure chicanery, and thus in clear violation of the purpose for which main intervention was recognised at legislative level.