Alteration of the legal issues of the claim and the violation to the principle of no surprise

Abstract

In this paper the author uses the explanation of the factual-legal narrative as a requirement of the claim, the essential and secondary fact, the content of the causa petendi, the possibility of the alteration of the legal issues of the claim, and the violation of the principle of no surprise, to point out that it is not possible to speak of nullity of the procedure when the manifestation of the party that was not heard, cannot influence the outcome of the case or when the decision was favorable, due to the principles of reasonable and procedural economy.