NATURA JURIDICĂ A CONTRACTULUI DE FURNIZARE DE SERVICII MEDICALE
The Juridical Nature of Supply Agreement of Medical Services

Author(s): Laura-Valeria Malinetescu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: social health insurance; contracts for the provision of medical services; legal controversy; difficulty qualifying contracts; the legal nature of the contracts;
Summary/Abstract: From the inforcement of Law no. 145/1997 - the first normative act that introduced the principles of social health insurance in Romania and regulated that the relations between the health insurance houses and the providers of medical services are carried out on a contractual basis, and until the date of coming into force of the Emergency Ordinance Government no. 150/2002, the qualification of contracts for the provision of medical services was a controversial subject. Insufficient regulation left the experts and courts to appreciate the legal nature of these contractual relationships, which in time led to a non-unitary practice in the field, by framing them in different branches of law. The disputes caused by the difficulty in qualifying health care contracts have led the legislator to include the provision of medical services under the scope of civil law, which has established them as a legal institution in the field of civil law.But, of course, it is an exceptional institution of civil law, and by extension, in relation to the whole system of private law. Health insurance houses appear as legal entities governed by private law, subject at the same time to rules of public law. Thus, the specificity of the domain can not be fully claimed by private law.

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