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Supremația Dreptului
Article . 2023 . Peer-reviewed
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Supremația Dreptului
Article . 2022
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Considerations regarding the object of the judicial action in order to resolve disputes arising from execution of administrative contracts

Authors: Alexandra Madalina Vicol;

Considerations regarding the object of the judicial action in order to resolve disputes arising from execution of administrative contracts

Abstract

Disputes arising from the execution of administrative contracts constitute a continuous challenge to the social actors involved. The Republic of Moldova could take advantage of Romanian legislation if it started from the assumption that the theories and principles that govern administrative contracts in Romania are valid for it. In the case of Romania, the reconsideration of art. 8 para. (2) of the Administrative Litigation Law no. 554/2004 which requires a legislative intervention in order to cancel the negative consequences for the private entrepreneur, part of an administrative contract, as a result of the procedural defect of not invoking, ex officio, by the court, at the first term, of functional material competence. After such an approach, the legislature of the Republic of Moldova could also be inspired, and could improve and harmonize the provisions of the Administrative Litigation Law no. 793 of 10.02.2000 and the Administrative Code no. 116/2018. Anyway, in The Republic of Moldova, by virtue of its status as a candidate country for the EU, many legislative harmonizations will take place, and Romania’s experience would help.

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Keywords

mediere comercială, conflict, contrat administratif, conflit, примирение, litigiu administrativ, судебный процесс, litigiu, law enforcement professionals, contract administrativ, commercial mediation, conciliation, administrative contract, Private international law. Conflict of laws, административный спор, Jurisprudence. Philosophy and theory of law, médiation commerciale, K7000-7720, litigation, K201-487, profesioniști ai dreptului, administrative dispute, административный договор, конфликт, коммерческое посредничество, conciliere, litige, юристы, commercial mediation.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Top 10%
Average
Green
gold
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