Determinarea momentului curgerii termenului pentru promovarea pe cale separată a acțiunii în despăgubiri reglementate prin Legea nr. 554/2004
Determination of the moment of running of the time limit for promoting by separate means the action for damages regulated by the Law No 554/2004
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: action for administrative disputes; claim for damages by separate means; hypotheses; moment of running of the time limit in these situations.
Summary/Abstract: Within this study the authors intended to analyze the situations in which it can be promoted the action for damages by separate means under Article 19 (1) of the Law No 554/2004 on the administrative disputes and the moment of running of the one-year time limit within which this action can be promoted, having in view that the law does not establish precisely this moment, and the case-law offers various solutions adjusted to each case solved. Starting from these premises, the authors have proceeded, on the basis of the legal provisions in the matter and of the apparently non-unitary case-law solutions, to the systematization of the working hypotheses and to the elaboration of some objective criteria, legally substantiated, in order to determine the moment of running of this procedural time limit.
- Issue Year: 2015
- Issue No: 08
- Page Range: 96-104
- Page Count: 9
- Language: Romanian