Abstract
Under the conditions of Continental Law system, it is a judge who, in his own discretion, is entitled but not strictly obliged to seek legal arguments in accordance of the principle of iura novit curia. The demands of civil proceeding is steadily rising.
In recent decades, we have seen a change in submissions made at the continental court, especially in Western Europe. A more active role for the parties is necessary.
Even with the gradual modification of the impact of the iura novit curia principle and the consequent rising role of the parties in legal argumentation, the responsibility for the correct application of the law will remain theoretically on the side of the court that will not and can not be bound by the legal assessment of the parties.