Prezentarea referinței în procesul civil, între obligație și posibilitate [Articol]

Abstract

The contradictory principle and equality of arms contributes to the realization of civil justice by the fact that plaintiff and defendant has the right to defence. Statement of defence is the procedural statement by which the defendant makes certain objections against the statement of claim. In this sense, the contradictory nature of the civil process is ensured with the possibility of examining the case in all its aspects. At the same time, this article analyzes the role of the statement of defence in the pre-trial preparations and the effects in default of filling the statement of defence.