NATURA JURIDICĂ ȘI FORȚA PROBANTĂ A MĂRTURISIRII ÎN LUMINA NOULUI COD DE PROCEDURĂ CIVILĂ

The confession or the recognition has a mixed legal nature; it is primarily a means of evidence, but it also represents an act of disposition of the party that gives the confession. The legislator of the new Civil Procedure Code distinguishes between the probative force of the legal confession and the probative force of the extrajudicial confession, so that, in relation to the provisions of Article 349 (1) and of Article 350 (1) of the mentioned normative act, the two types of confession are no longer on the same level. The extrajudicial confession is left at the discretion of the judge and it may be challenged by the contrary evidence. Instead, the judicial confession is full proof against the person who gave the confession.