LOIALITATEA ÎN PERSPECTIVA NOULUI COD DE PROCEDURÃ CIVILÃ

Through its varied meanings, “loyalty” is perhaps the noblest moral value. It is, in terms of law, a factor and a marker of legal relationships “moralization”, procedural relations including. Although unanimously accredited in the field legal relationships as well, including procedural relations, the loyalty principle is enshrined in terminis as a fundamental principle of civil proceedings. However, it is an implicit result of numerous provisions in the law of civil procedure, which finds appropriate forms of legal and judicial sanction. In our procedural civil regulatory climate, certain peremptory procedural exceptions having permanent effect make unnecessary the application of the praetorian “estoppel” rule established in common law and subsequently in other legal systems. Fundamental right of access to justice is not incompatible with assuming „duty of loyalty”.