THE EXECUTION INSTANCE OF THE JUDICIAL JUDGEMENTS SENTENCED IN THE LITIGATIONS OF ADMINISTRATIVE CONTENTIOUS
Journal Title: Challenges of the Knowledge Society - Year 2012, Vol 2, Issue 0
Abstract
The instance which solved the fund of the litigation rising from an administrative contract differs depending on the material competence sanctioned by law, in contrast to the subject of the commercial law where the execution instance is the court. In this matter the High Court stated in a decision1 that in a first case the competence of solving the legal contest against the proper forced execution and of the legal contest that has in view the explanation of the meaning of spreading and applying the enforceable title which does not proceed from a jurisdiction organ is in the authority of the court. The Law of the Administrative Contentious no 554/2004 defines in Article 2 paragraph 1 letter t) the notion of execution instance, providing that this is the instance which solved the fund of the litigation of administrative contentious, so even in the case of the administrative contracts the execution instance is the one which solved the litigation rising from the contract. Corroborating this disposal with the ones existing in articles 22 and 25 in the Law, it can be shown that no matter the instance which decision is an enforceable title, the execution of the law will be done by the instance which solved the fund of the litigation regarding the administrative contentious.
Authors and Affiliations
ADRIANA ELENA BELU, ANDREEA DIANA PAPA
Keywords
Related Articles
- EP ID EP88424
- DOI -
- Views 159
- Downloads 0
CONSOLIDATING FEMINISMS IN ROMANIA – A CONTERFACTUAL ANALISIS
In Romania, only after almost quarter-century since the fall of communism we can talk about feminismS. Furthermore, we can also talk about left feminism (anarchist and socialist formal and informal activist groups) and a...
GOVERNANCE ON THE INTERNET. MEASURING THE PERFORMANCES OF E-GOVERNANCE IN BUCHAREST MUNICIPALITIES
This paper analyzes the electronic governance and how it’s functioning in Romania. Being part of a larger institutional reform process, the electronic governance represents a new approach of the relation between Governme...
THE BONUS-MALUS SYSTEM MODELLING USING THE TRANSITION MATRIX
The motor insurance is an important branch of non-life insurance in many countries; in some of them, coming first in total premium income category (in Romania, for example). The Bonus-Malus system implementation is one o...
EMERGING CAPITAL MARKETS: OPPORTUNITIES AND LIMITS
This theoretical study examines the concept of emerging capital markets in Europe from the border between certain opportunities and limits. The financial architecture of emerging capital markets has certain characteristi...
THE STATIC AND DYNAMIC ASPECTS OF ROMAN LAW AS PORTRAYED IN THE SOURCES OF LAW
The dynamics of the private Roman law sources had been influenced by the conjoined action of three factors: the Romans’ conservative mentality, their practicality and the incorporation of the concepts of equity and good...