The analysis of the administrative liability as a type of legal liability. The delimitation between administrative-patrimonial liability and civil-tort liability

Ioana Cristiana Voroniuc

Academic Journal of Law and Governance, 2018, vol. 6, issue 1, 61-75

Abstract: In order for the social relations to take place in optimal conditions, the human society is organized in different forms. Throughout the complexity of social life, administration is one of the most important human activities. The liability of the public administration must be divided even from the beginning into two broad categories: on the one hand, its liability for the administrative acts issued (we also refer here to the administrative contracts) and on the other hand, the liability for the malfunctioning of the public service (sometimes found in the specialty literature as the liability for its unlawful acts or for the limits of the public service). Committing an unlawful act causing material and moral damages will engage the administrative-patrimonial liability. The principle of civil tort law can be seen from two sides: either from the perspective of the obligation to repair the damage, imposed by law to the individual who caused it by the unlawful act, or from the perspective of the right of the individual who suffered a damage by an unlawful act to be compensated properly.

Date: 2018
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