15. Acţiune în revendicarea unor bunuri mobile culturale. Calitatea procesuală pasivă. Reprezentarea statului român de către Ministerul Culturii. Incidenţa dispoziţiilor speciale ale Legii nr. 182/2000
15. Action for the recovery of movable cultural property. Capacity to be sued. Representation of the Romanian State by the Ministry of Culture. Impact of the special provisions of Law No 182/2000

Summary/Abstract: According to the general legal provisions, the representation of the Romanian state is carried out by the Ministry of Public Finance in general, both before the courts, in procedural law reports, and as a participant in other legal reports, unless the law specifically establishes other organs for this purpose. Therefore, when there is a norm that establishes that the representation of the state is done through another body, it has a special and derogatory character from that of common law, being applicable with priority, by virtue of the specialia generalibus derogant principle. Or, according to special provisions in the cultural field, the Ministry of Culture represents the Romanian state in internal and international relations that have as their object the movable national cultural heritage” [art. 6 paragraph (3) of Law no. 182/2000], so in the case of goods having this nature, the representation of the state is carried out through the Ministry of Culture. Thus, in the action having as its object the claim of movable cultural assets, the state is represented by the Ministry of Culture and not by the Ministry of Public Finance.

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