Comparative analysis of the principles of Civil Procedural Law and Ecclesiastical Procedural Law in Romania

Abstract

Principles represent general rules, basic concepts, which serve to underpin and prepare the legal framework for the development of a complex trial or synthesize a social and juridical experience, thereby assuring a balance and a relation between the rights and the obligations of a person and of society as a whole. The principles of civil procedural law manifest themselves in the form of basic juridical concepts. These determine the forms and methods of juridical regulation of procedures for examining and resolving litigation brought before the civil courts. The fundamental canonical principles of Orthodoxy are comprised, on the one hand, of the universal constitution of the Church, mirrored in the collection of holy canons, and on the other hand, of the Church’s long and constant practice and tradition, become canon law custom. These principles consist both of natural and, especially, supernatural revelation, in the form of the truths of faith included in the Holy Scriptures and the Holy Tradition and in the objective conditions of the natural life of society. Both the general principles of civil law and those of canon law represent the solid basis of the general system of law, a structure on which the whole juridical architecture is built, meant to assure not only correct and coherent legislation, but also a balanced and transparent justice, via a unitary and consistent judicial practice or jurisprudence.