ADMINISTRATIVE CONTRACTS IN THE CONTEXT OF THE NEW CIVIL CODE AND THE NEW CIVIL PROCEDURE CODE
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
The Romanian law concerning administrative contracts has evolved greatly in the last three decades; the New Civil Code, which came into effect in 2009, and the New Civil Procedure Code, which came into effect in 2010, have important stipulations in the field. The purpose of this paper is to create a short review on the Romanian legislation concerning administrative contracts, to analyze the legal requirements, to identify possible issues in the field and, eventually, to propose improvements. In order to achieve these objectives, the relevant legislation is reviewed, and Romanian authors Romanian authors with recent studies in the field of administrative contracts, such as L. Catana, O. Puie, and A. Tabacu, are cited. The legislation concerning administrative contracts includes organic laws, such as Law 554/2004, Law 98/2016, Law 100/2016, and Law 101/2016, as well as government decisions, such as Government Emergency Ordinances no. 54/2006 and no. 34/2006. Our main findings are that, although the law concerning administrative contracts assimilates this concept to the notion of the administrative act, and although there are examples of administrative contracts which are more thoroughly explained, a clear definition of the administrative contract is missing, which we consider to be a legislative gap which needs to be fixed in the future, when the relevant legislation will be revised.
Authors and Affiliations
Crina Alina DE SMET
Keywords
Related Articles
- EP ID EP584559
- DOI -
- Views 129
- Downloads 0
THE ACTIVITY OF TRANSPOSING DIRECTIVE 2014/94/EU OF THE EUROPEAN PARLIAMENT AND COUNCIL OF 22 OCTOBER 2014 ON THE DEPLOYMENT OF ALTERNATIVE FUELS INFRASTRUCTURE. THE POST-TRANSPOSING ATTRIBUTIONS OF THE ROMANIAN ENERGY REGULATORY AUTHORITY
This article proposes an analysis of the activity of transposing the Directives, an obligation of the Member States of the European Union provided by the Treaty on the Functioning of the European Union. The transposing o...
THE NATIONS OF EUROPE BETWEEN IMPOSED GLOBALIZATION AND THE NEED OF AUTHENTIC
In the present consumer society, we are alike creators as well as addressees, of an impressive number of options. Of these, we need to choose what is relevant to their own social needs. At the same time appears the nece...
THE REALIZATION OF THE FUNDAMENTAL GUARANTEES RIGHTS, A CONSEQUENCE FOR ENSURING OF A GOOD ADMINISTRATION - SELECTIVE ASPECTS
The aim of the present study is to analyse the realization of the fundamental guarantees rights as a consequence for ensuring of a good administration. The objectives of this study were to analyse the fundamental guarant...
THE COURT OF JUSTICE OF THE EUROPEAN UNION’S INTERPRETATION OF REGULATION (EU) NO 650/2012
According to the European legislator, European citizens should be able to organise their succession in advance, especially in the context of a succession having cross-border implications. To this end the European Parliam...
THE FUTURE OF GLOBALIZATION
Once humanity had made the necessary technological leaps for promoting fast and easy travel, the acceleration of human endeavors was inevitable. This acceleration has made possible the integration and globalization of na...