On certain legal provisions from the point of view of the division between public and private law
On certain legal provisions from the point of view of the division between public and private law
Author(s): Mihaela FodorSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, International Law, Human Rights and Humanitarian Law, Philosophy of Law, Sociology of Law, Court case
Published by: Editura Academiei Române
Keywords: public law; private law; legal person; public authority; administrative contract;
Summary/Abstract: Romanian law maintains the distinction between the branch of public law and the branch of private law. This article addresses this distinction between the two and analyzes, through this distinction, certain recent provisions of the Civil Code, the Civil Procedure Code and laws that have to do with the domain of contentious administrative law. The definition of the public legal person shall be analyzed, along with the procedural norms that refer to this category of persons. We will present observations that have to do with establishing distinct competences for the solving of litigation stemming from the same legal document: the administrative contract, respectively the competence of courts specializing in contentious administrative cases when it comes to litigation concerning the conclusion or nullity of said contract, and the competence of civil courts of law when it comes to litigation concerning the execution of said contract.
Journal: Anuarul Institutului de Istorie »George Baritiu« din Cluj-Napoca - Seria HUMANISTICA
- Issue Year: XVII/2019
- Issue No: XVII
- Page Range: 231-243
- Page Count: 12
- Language: English