Abuzul de drept procesual. Descurajarea prin sancţiuni specifice

Rezumat

In the doctrine and case law, the phrase of “abuse of law” has often been used to characterize the excess, arbitrary, egoism or devilment in the area of exercise of the rights recognized and protected by the law. However, the law shall not express a precise wording of the meaning of this concept, however, it is limited to its definition as the contrary expression of the good faith precepts. Moreover, neither the good faith concept is fully explained, as its definitions or attempts to define it are rare. The doctrine has often emphasized the fact that good faith is a reminiscence of the past which, in essence, is called to protect moral and religious values, in the need for shaping a balance in the judicial protection.
In this study, I intended to identify and to summarize the expression of the abuse of law in the procedural area, which, in the absence of some firm discouragement, may cause the occurrence of inequitable or even unjust situations for participations in the civil proceedings. Furthermore, my intent was to highlight the important part played by the judge of the case in ensuring a procedural balance, together with the essential concern to find the truth.