Theoretical and practical aspects regarding solving civil cases in an optimal and predictable time

Abstract

The existence of a fair trial implies the granting of guarantees to the litigant in order to ensure compliance with the principle enshrined, first and foremost, at the constitutional level, but also in the Civil Procedure Code, in the Universal Declaration of Human Rights, the International Covenant on civil and political rights. The fair trial involves, on the one hand, the right of the litigant to a (independent and impartial) court, and on the other hand, the resolution of the case in an optimal and predictable time. In order to respect the optimal and predictable time frame for solving a civil case, the legislator has established a series of obligations, terms and penalties in case of non-compliance by the participants in the trial, but also by the court invested in solving the case.