TEMEIURILE DEGREVĂRII DE PROBAȚIUNE

Abstract

The important facts for the fair settlement of the civil case become known through the activity of probation, at the same time according to the procedural law, there are facts, which although they are important for the cause, do not need to be proven. The Civil Procedural Code stipulates in art.123 that the participant of a civil trial will be released from the obligation of probation if the facts are unanimously known, are established by an irrevocable court decision. Furthermore, from art.131 par. (4) CPC we can deduce that the same effect has the recognition of the facts by the opposing party.