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
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