Post by account_disabled on Jan 1, 2024 1:05:41 GMT -6
AConstitutional Court with the exception of the unconstitutionality of the provisions of art. para. of the Code of Civil Procedure exception raised by Terezia Arpa in a case with the object of resolving an appeal. . In justifying the exception of unconstitutionality its author shows in essence that the criticized legal provisions are unconstitutional to the extent that they allow the judge to censure the parties probation requests and to reject the proposed evidence under the pretext that it would not be useful to the case.
It is shown that justice in essence is based on evidence or a justice that Country Email List refuses to administer the evidence proposed by the litigating parties is not a justice based on the evidence proposed by the parties but an injustice that tends to hide the truth and the process becomes a simulacrum of justice. . Timioara Court of Appeal The Commercial Section opines in the sense of rejecting the exception of unconstitutionality. In the opinion of the court the incriminated procedural provision tends to ensure the necessary rigor of the civil process including regarding the approval of probation requests granting the judge in a position of impartiality and independence and not another participant in the.
Process subjectively interested in the solution of the process the right to decide which evidence requested is admissible by law and which is relevant and useful in the matter brought to the judgment. allow the judge to avoid the administration of unnecessary irrelevant evidence or that does not present ab initio any conclusion in the file in relation to the subject of the case. As long as only the impartial and independent judge pronounces on the admissibility of the evidence and not any of the parties or other participants the fundamental principles of the civil process are respected and the unjustified prolongation of the procedures by.
It is shown that justice in essence is based on evidence or a justice that Country Email List refuses to administer the evidence proposed by the litigating parties is not a justice based on the evidence proposed by the parties but an injustice that tends to hide the truth and the process becomes a simulacrum of justice. . Timioara Court of Appeal The Commercial Section opines in the sense of rejecting the exception of unconstitutionality. In the opinion of the court the incriminated procedural provision tends to ensure the necessary rigor of the civil process including regarding the approval of probation requests granting the judge in a position of impartiality and independence and not another participant in the.
Process subjectively interested in the solution of the process the right to decide which evidence requested is admissible by law and which is relevant and useful in the matter brought to the judgment. allow the judge to avoid the administration of unnecessary irrelevant evidence or that does not present ab initio any conclusion in the file in relation to the subject of the case. As long as only the impartial and independent judge pronounces on the admissibility of the evidence and not any of the parties or other participants the fundamental principles of the civil process are respected and the unjustified prolongation of the procedures by.