EIRP Proceedings, Vol 6 (2011)

The Legal Contest at the Execution of an executory Title Emitted by a Public Authority

Aurelia Bodea

Abstract


The public authority, naturally, acting in regime of a public power for the redressing of the public
and legal interests, emits administrative acts as well as administrative jurisdictional documents. Under certain
circumstances these acts may wrong the legal rights or interests of anyone. The law of the administrative
disputed claims office offers the legal background for solving the litigations where one of the sides is the
public authority, and thus, resulting a large area of applicability of whatever(legal) stedy that aims this law.
The purpose of elaborating this work is to increase the interest of the jurists to know and apply at the same
time the law of the administrative disputed claims office. The achievement of these objectives is important for
both the elimination of the power excess and for the unitarian practice of the legal instances. At the same
time, the realization of the State of Law implies the observance of the citizenz rights and liberties by the
public authority. Starting from an authentic species, the author of this work pleads for the claimant and uses
as research methods the observation, the problematization, the investigation, the debate and it proposes to
answer the following questions: 1. Does the Law Court-the civil section- have the material competence to
judge the legal contest at the execution of an executory title emitted by a public authoriry? 2. In what
conditions is put into execution the executory title emitted by a public authority? According to the author, the
present species can be looked upon as a distinct case investigation especially in the universitary field
department.

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