The Oath in Romanian Law

Abstract

Over time, religion and law have influenced each other, a phenomenon which still takes place today. The witness to be heard before the court takes the oath with his hand on the Bible or the Cross. The oath, as a legal institution, is inexorably linked to the administration of evidence by way of witnesses. The Code of Civil Procedure of 1865 provided that the judicial oath could also be administered as evidence, and the Code of Civil Procedure of 2013 provided for the duty of the witness to swear and the text of the oath. This study presents the history of the institution of judicial oath as an instrument of evidence, and as an element of administering witness evidence in Romanian law.