Capacitatea unei persoane juridice de drept public
de a încheia convenţii arbitrale
The capacity of a legal person governed by public law
to conclude arbitration conventions
Author(s): Claudia RoşuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: moral person of public law; arbitral convention; commercial contract; Procurement contract
Summary/Abstract: The present study aims to show that the moral persons of public law, respectively the administrativ territorial units may sign in an arbitraly convention in order to solve the conflicts arosen from commercial contracts as well as from those of public procurement. The legal arguments are to be found, mostly in art 1 of OUG 119/2007 and in art 286 alin 1 of OUG no 34/ 2006 regarding the signing in of the commercial contracts by the moral persons of public law and the solving of cases and claims regarding the execution, the nullity, the annulment, the resolution, the cancellation or the unilateral denounciation of the procurement contracts, at first, by the comercial branch of the Court in whose district the contractual authority has its residence.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2011
- Issue No: 1
- Page Range: 119-126
- Page Count: 8
- Language: Romanian