Dreptul la un proces civil echitabil prin prisma precedentului judiciar [Articol]

Abstract

Even though not properly acknowledged or fairly regulated in the Moldovan legal system, reliance upon precedent is literally justified by predictability, stability, fairness, efficiency and the expectation that the law is just. The idea that similar cases should be treated alike is anchored in the assumption that one person is legally equal to any other. Therefore, similar circumstances should not be treated differently except for legally relevant and clearly justifiable reasons. Equity as an abstract notion gains an empirical connotation exclusively throughout the precedent.