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
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