PARTICIPATION IN CIVIL TRIAL: RIGHT OR OBLIGATION?
Journal Title: Revista Institutului Național al Justiției - Year 2018, Vol 47, Issue 4
Abstract
Participation in civil trial is a subject of long-standing doctrinal and legal discussions, with diametrically opposed approaches and positions, including at the level of national legislations. However, is participation in civil trial a right of the parties, or a genuine legal obligation? In the present article we will try to answer this question by arguing the position in terms of the concepts of subjective obligation and subjective right, as well as by the collision of the principles of contradictoriality and availability.
Authors and Affiliations
Vitalie Moscalciuc
Keywords
Related Articles
- EP ID EP443656
- DOI -
- Views 112
- Downloads 0
Elements concerning sanctions in the rules criminalizing the falsification of evidence
In this article, the author carried out extensive and detailed investigations into other countries’ criminal matters to identify legal norms that criminalize responsibility for facts that affect social relationships abou...
Limitations of the right to free movement in the enforcement procedure (I)
This article is dedicated to analysis of questionable limitations of the right to free movement in the enforcement procedure in Republic of Moldova through the judicial framework, judicial practice and doctrinal approach...
PREPARATION FOR JUDICIAL DEBATES OF THE CASES REGARDING THE CONTESTATION OF THE NOTARIAL BODY REFUSAL TO FULFILL NOTARIAL ACTS AND THE CASES ON THE VERIFICATION OF THE LEGALITY OF FULFILLED NOTARIAL ACTS
In this scientific and practical article the author conducted a study of main aspects of preparation of cases about appealing in the Administrative Court against notarial actions or refusal to make the same for judicial...
Theoretical and practical problems of the search of the defendant in civil cases
„Search of the defendant” represents an important procedural guarantee established by the legislator in favor of the defendant. Inconsideration of such a guarantee may have important procedural repercussions, even being...
The assignments of Constitutional Court of Republic of Moldova in matters of control of executive power acts
This study is dedicated to an analysis of the assignments of the Constitutional Court on issued documents by executive authorities. A central place in this study is dedicated to the Government as main component and respo...