Realizarea principiului disponibilității în cadrul procesului civil [Articol]

Abstract

Due to the principle of parties' availability in the civil process, they have the subjective right of material to the judgment, as well as a series of procedural safeguards and safeguards to protect legitimate rights and interests. Process participants enjoy equal procedural rights and have equal procedural obligations, with some exceptions set by law depending on the position they are in the process. It is the complainant who initiates the action, presenting evidence and submitting claims, and the defendant may, by the objections formulated, influence the court's ruling on the case. The parties to the civil process, as compared to other participants in the civil process, enjoy special procedural rights under which they issue moods. Dispensing acts of the parties are manifestations of the will of the parties concerning material rights subject to the law or procedural means recognized by law. Thus, the claimant has the right to change the basis or object of the civil action and the amount of the claim in the action, or to waive all or part of the action, the petitioner has the right to acknowledge the action and both parties to quit the trial through a reconciliation transaction.