Aspecte privind capacitatea şi răspunderea civilă a subiectelor de drept public
Aspects of capacity and civil liability of subjects of public law

Summary/Abstract: In order to become a subject of law, the legal person must include the three constitutive elements recognized by the legislator: own patrimony, independent organization and a lawful, moral purpose, well determined and in accordance with the general interest. Whether the legal personality results from the legislative affirmation, or it is born as a result of the meeting of these three elements, the main consequence under the civil aspect is the recognition of civil capacity. Civil capacity, as a consequence of legal personality, is the most important characteristic of a legal subject, because it determines the limits in which it can interact with other legal subjects and the legal relations in which it can take part. Next, a consequence of civil capacity is civil liability for assumed obligations. The institution of civil liability is also found in the situation of legal entities under public law, derived from their administrative liability, in relation to the acts or operations that the law establishes in their charge. Administrative and civil liability are not mutually exclusive, in reality, the former is a prerequisite for the latter. From this perspective, it becomes important to analyze the judicial spectrum and the conditions that must be met in order to recognize the civil law subjects’ capacity and procedural subject quality in order to establish the basis of liability. In practice, various situations arose that constituted problems of interpretation regarding the construction of the appropriate procedural framework in order to achieve the finality pursued through the judicial procedure, namely the execution of the provisions of a potential court decision admitting legal action.

• Details
• Contents