Dreptul subiectiv şi interesul legitim – obiect al ocrotirii în cadrul răspunderii patrimoniale a puterii publice
The subjective right and legitimate interest – object of protection within the patrimonial responsibility of public

Summary/Abstract: The patrimonial responsibility of public power is a fundamental institution in every state governed by the rule of law. For this to be enforceable it is required that the plaintiff pleads and argues the injury, a subjective right or legitimate interest. Within the doctrine and legal practice differences still exist on the content of these notions. Inconsistencies in particular doctrinal jurisprudence is likely to attract different even conflicting interpretations of these notions. Opposing the doctrine of natural rights, the positivist doctrine has come to challenge any invocation of a subjective right that was expressly established in a legal norm. Currently one can see a trend of reconciliation between the two, positive laws being one of the tools, but not the only one that serves the legal delimitation of content protection sphere.

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