ACTUL ADMINISTRATIV ȘI ACTUL ADMINISTRAȚIEI
ADMINISTRATIVE ACT AND ACT OF THE ADMINISTRATION
Author(s): Oana Bianca Căbulea (Gligan)Subject(s): Law, Constitution, Jurisprudence
Published by: Studia Universitatis Babes-Bolyai
Keywords: administrative act; act of the administration; judicial act; imperium; notary public documents.
Summary/Abstract: Administrative act and act of the administration. Even if at first sight the joining of the two concepts reminds us by a synonym of terms or a homonymy, we showed that in reality these two concepts are different in their substance. The category of administrative acts is much broader and includes the category of acts of administration. In order to clarify the distinction, we analyzed the notions of administrative act and act of the administration and presented several administrative acts, which are not issued by government bodies.We mainly researched the acts of judges, taking into account the concept of judicial act and we noticed that most of the documents issued in the work of justice are not jurisdictional, but are administrative acts issued by the judiciary. Another point of interest in our study was the public notary documents, which we have divided into three distinct categories for more accurate identification of their legal nature. We finally remembered the category of administrative acts that comprise civil rights in their content, such as title deeds and acts of civil status.Our conclusion was that the distinction between administrative acts and other acts issued by a public power can not have as a starting point neither the type of the issuing body, nor the legal procedure for contesting it. The criterion that we have identified and which we appreciated suitable is the form of activity that will achieve through the act.
Journal: Studia Universitatis Babes Bolyai - Iurisprudentia
- Issue Year: 62/2017
- Issue No: 1
- Page Range: 45-67
- Page Count: 23
- Language: Romanian