CIVIL CIRCUIT. RECONSIDERATION OF THE NOTION FROM A DOUBLE CIVIL VERSUS ADMINISTRATIVE PERSPECTIVE
CIVIL CIRCUIT. RECONSIDERATION OF THE NOTION FROM A DOUBLE CIVIL VERSUS ADMINISTRATIVE PERSPECTIVE
Author(s): Liliana Cătălina AlexeSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: civil circuit; administrative circuit; legal construction; elements; administrative act;
Summary/Abstract: The concept of "civil circuit" can be considered, without making too much of a mistake, one of the most well known notions of law. In this article we will analyze how present it is in the space of law, how understandable is its content captured in two large branches of law (civil versus administrative), placed in the mirror, how far can the translation from the (generous) space of civil law to the space of administrative law (marked by slightly restrictive characteristics) be achieved, if this migration (allowed or not, as we will conclude) influences, in its determined elements, the concept of "civil circuit", determining its own particularities. The article also wants to draw attention to the danger (from judicial interpretation), because undefined in the body of (special) laws, concepts or notions of the type in question cannot be excluded from entering the zone of vulnerability. Defining the concept in the interpretation of the courts, starting from its civil meaning, passing it through the space of administrative law to find its contextual meaning specific to this matter.
Journal: Analele Universității Titu Maiorescu
- Issue Year: XXIII/2024
- Issue No: XXIII
- Page Range: 51-64
- Page Count: 13
- Language: English