Conținutul disponibilității în procesul civil și procedura de executare în condiţiile armonizării legislaţiei europene

Abstract

This work is dedicated to a theme very important - content of availability in the civil and procedure execution. The principle of availability means that the parties can determine not only the existence process by triggering court proceedings and freedom to end the process before working a decision on the merits of the claim before the judge, but also the contents of the by framing on procedural and other participants in the process, phases and steps that the lawsuit could scroll through. As the holder of subjective material has the exclusive prerogative to exercise his right, and the procedural plan, the exclusive prerogative of the exercise of subjective procedural law is manifested, it representing the content of the principle of availability. Taking a general characterization of this notion are analyzed in this paper means procedural principle content is concerned and on which parties can exercise availability.