THE ACTIVE ROLE OF THE JUDGE IN THE CIVIL PROCEDURE IN THE CONTEXT OF THE MODERN LEGISLATION

In the last time in the literature of speciality finds a clearly practical interest linked to determining the role of the judge in the civil proceedings. This interest results from the necessity to ensure a correct and uniform application by judges of the rules of civil procedure. National judges interpret the rules of procedure, including regarding the role they should play in civil process. Given these arguments, we believe that the role of the judge in the lawsuit reached a turning point and needs to be reconsidered, the principle being exacerbated at the moment, which harms establish the truth in every concrete issue. All these facts are indisputable that a current manifest.