CONSIDERATIONS REGARDING THE PATRIMONIAL LIABILITY OF PUBLIC AUTHORITIES IN ADMINISTRATIVE LITIGATION, ACCORDING TO LAW NO. 544/2004 PROVISIONS
CONSIDERATIONS REGARDING THE PATRIMONIAL LIABILITY OF PUBLIC AUTHORITIES IN ADMINISTRATIVE LITIGATION, ACCORDING TO LAW NO. 544/2004 PROVISIONS
Author(s): Eugenia IovănaşSubject(s): History of Law, Philosophy of Law, Sociology of Law, Administrative Law
Published by: Editura Arhipelag XXI
Keywords: administrative contentious; patrimonial liability; public authority; illegal administrative act; damage/prejudice; unjustified denial;
Summary/Abstract: According to the provisions of Law on Administrative Litigation, the characteristics of the patrimonial responsibility for the damages caused to individuals implies the fulfillment of several legal conditions, i.e: the existence of an illegal administrative act, or the denial to meet right request, the existence of a patrimonial lesion, the existence of the causal relationship between the administrative act and the patrimonial damage, and the fault of the administrative authority. If these distinctive features, that each of the afore-mentioned general conditions presents, are compared to the general conditions of civil and tort litigation, the basis of administrative liability for damages, caused by the public administration authorities arises.
Journal: Journal of Romanian Literary Studies
- Issue Year: 2022
- Issue No: 30
- Page Range: 347-352
- Page Count: 6
- Language: English