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universul juridic magazin

„Echitatea” – in constructiile normative ale noului Cod de procedura civila

„Equity” is one of the „indefinite” legal concepts which are consecrated in the normative sentences of the Code of civil procedura. It is evoked either as a subsidiary criterion, sometimes for the settlement on the merits of a dispute, or, in a completely isolated manner, as a main criterion and exclusively which may be used for the same purpose. Under both aspects, certain specifications seem necessary and perhaps useful to us.