Abstract:

The evolution of any civil or commercial trial between its two extreme moments – the moment of the summons submission and, respectively, the moment of the judgment pronouncement– normally supposes the performance of the different proceedings, appropriate to each stage of the trial activity. Within this activity, the parties have the freedom to dispose both of the object of the trial and of the right to sue provided by the law with the purpose of defending their rights and interests. From this point of view, we can claim that the civil trial is a contract between the parties that the judge makes, by pronouncing a judgment. The role of any civil or commercial trial is, among other things, to defend, to capitalize the citizens’ fundamental rights and freedoms, the legitimate interests breached or not recognized and pending before the court, and by solution of the litigations from the business field, there are other indented fundamental objectives: increasing the life standards; attainment of full employment; growth of real income and effective demand, etc.