UNELE ASPECTE PROCEDURALE SESIZATE ÎN CAZUL SOLUŢIONĂRII LITIGIILOR IZVORÂTE DIN EXECUTAREA CONTRACTELOR ADMINISTRATIVE
SOME PROCEDURAL ASPECTS REPORTED IN THE CASE OF THE RESOLUTION OF DISPUTES ARISING FROM THE EXECUTION OF ADMINISTRATIVE CONTRACTS

Summary/Abstract: The effects of eliminating the distinction between the legal regime of civil obligations and that of commercial obligations, can give, in addition to the confusion in relation to the interpretation of the clauses of administrative contracts specific to commercial obligations in which it is not necessary to fulfill the prior procedure, and a great freedom of appreciation of full administrative litigation sections, to decide unilaterally, with intention or not, the retention and settlement of a dispute arising from the execution of an administrative contract which is naturally the competence of the specialized civil section of the court. Abusing the discretion of the moment of invoking the jurisdictional exception, a panel that belongs to the administrative litigation section of the court can finally resolve a dispute arising from the execution of an administrative contract, even though the preliminary procedure has not been completed.

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