General interest in the Civil Code and the Administrative Code Cover Image
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Interesul general în Codul civil şi în Codul administrativ
General interest in the Civil Code and the Administrative Code

Author(s): Marian Nicolae
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Civil Code; Administrative Code; civil rights and freedoms; civil law; administrative law; general interest; public interest; private interest; ius commune;

Summary/Abstract: The public interest is a “key” concept, of a political and legal nature, with a relative character, and expresses everything of social importance, that which concerns hic et nunc a politically (civil) organised community or human collectivity. In this sense, the public interest and the general interest are fully equivalent expressions, the former being used mainly in the so-called “Administrative Code”, while the latter is found mainly in the Civil Code and special and supplementary civil legislation, but they have a common meaning and perform, in principle, similar functions. At the normative level, the public interest is translated into rules of public policy, whether civil law (ius commune), administrative law (ius administrativum), or other, in compliance with the principles of constitutional democracy, human rights and civil liberties and the principle of the rule of law.

  • Issue Year: 2023
  • Issue No: 04
  • Page Range: 60-78
  • Page Count: 19
  • Language: Romanian