Legalitatea şi temeinicia hotărârilor judecătoreşti [Articol]

Abstract

By a judgment a first instance court rules upon the merits of a civil case. The judgment represents an act of application and accomplishment of law. Legal norms of material and procedural law are viable in so far as the court by applying them correctly in settling litigations maintains legal order. Thus, the judgment is a procedural act under law invested with enforcement power, comprising a mandatory order of state provenance which concerns the application of legal norms in a concrete legal report. This issue is a current one because it is at the bottom of quality of justice, the judgment. The justice court will be always obliged to adhere to the law, which is to correctly apply the rules of law and not to violate procedural rules to issue legal and valid decisions. Therefore, we believe that this issue will be the current one at all times, more so that the law is constantly changing, adapting to the new social realities which will still require a proper interpretation by the courts of law.