The administrative disputes law, betweeen complementarity and incompatibility
The administrative disputes law, betweeen complementarity and incompatibility

Author(s): Ovidiu Podaru
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: contentious matter; the Civil Code; legal act; freedom to enter into agreements; legal relations of public power;
Summary/Abstract: Are these two framework regulations (the Administrative Disputes Law - ADL and the Civil Code) complementary or incompatible? The referee of this relationship should be "the specificity of public power relations" between the administration and those administrated. Therefore, the first objective to be established is to clarify the content and the limits of this notion. And, as our doctrine and case law formed after the entry into force of the current form of article 28 of ADL does not provide decisive arguments, it is necessary to investigate the fundamentals of administrative law. The second objective - to which the results of this study are related - is the review of the main civil law institutions and their reporting to the already studied notion. Thus, the regime of goods, obligations and contracts, succession and prescription, but not only, shall be the subject of the test of compatibility with the specificity of the legal relations of public power. And the conclusions - obviously divergent, in the sense that some civil law institutions have passed this test, others have not, should for the future, be a reference point for judicial practice in those situations where they are confronted with such legal issues, not extremely frequent but of an appreciable difficulty.

• Details
• Contents