Consecințele actului administrativ anulat care a produs efecte defavorabile. Răspunderea statului pentru prejudiciile comise în dauna particularului. Doctrină și jurisprudență francofone
The Consequences of the Annuled Administrative Act that Produced Unfavourable Effects. State Responsability for the Prejudice Caused to Persons. French Doctrine and Case-Law

Summary/Abstract: The Francophone law system has been for many centuries a powerful source of inspiration for the Romanian legislator. Even today, the doctrine and jurisprudence of states with similar legislation are a constant influence in drawing up guidelines on the application of legal provisions that are less used in the positive law or, as the case may be, regarding their crystallization. The state’s responsibility for the damages committed to the individual has generated a series of controversies among the legal practitioners in the Romanian state, as the provisions of the Civil Code were often insufficient to ensure a correct application. Through this study we carry out an analysis of the main legal bases, the conditions for employing the civil liability and the opinion of the Courts within the project of the Francophone Supreme Judicial Courts on attracting the civil liability of the state and its bodies in the context in which an individual was harmed by issuing an illegal act to its detriment.

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