THE PRINCIPLE OF REVOCATION IN ROMANIAN ADMINISTRATIVE LAW: THE EXCEPTION REGARDING ADMINISTRATIVE ACTS THAT HAVE ENTERED THE CIVIL CIRCUIT AND PRODUCED LEGAL EFFECTS

被引:0
|
作者
Ceslea, Nicolae-Alexandru [1 ]
机构
[1] Univ Bucharest, Doctoral Sch Law Fac, Bucharest, Romania
关键词
administrative act; administration; civil legal relationship; revocation; exception; civil circuit;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In administrative law, private law gains autonomy when a civil legal relationship is born. Regarding the specific terminology of administrative law, this legal phenomenon takes the form of the exception from the principle of revocation by an administration of administrative acts that have entered the civil circuit and produced legal effects. This paper addresses the issue of the moment up to the point when it is considered that an administrative act has entered the civil circuit and produced legal effects, keeping in mind that, in establishing the concepts with which the exception operates, an important role is played by traditional law and the historical evolution of legal norms. At the same time, analysis of the current doctrine and relevant case law are effective in outlining the applicable legal regime, as well as for identifying regulatory inconsistencies. The moment by which an administrative act can be revoked is essential, as certain projects can be stopped by the administration itself. In this context, the business environment does not just revolve around the conclusion of contracts, but also covers a number of important material acts prior to their conclusion, including the contribution of valuable material and human resources. At the civil procedure level, the incidence of the analyzed exception entails obligation or exemption from following the administrative procedure before administration-an aspect that often raises issues regarding the principle of free access to justice.
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页码:70 / 94
页数:25
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