About the judicial status of concession contract in the contemporary Romanian law

Titus Prescure ()
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Titus Prescure: "Transilvania" University of Brasov, Romania

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2004, vol. 16-17, 38-65

Abstract: The topic of this article is one of the species of the lease contract, that is the lease contract having as lessor the state, a country or a city (a public-law legal entity), as it is defined by the Romanian Law. The article debates this matter in a comprehensive, quasi exhaustive manner, starting with the historical evolution and the legal nature of this kind of contracts. Nowadays, the applicable law in this field is Law no. 219/1998 regarding the lease, which sets out: the parties entitled to conclude such a contract, the legal effects of the contract (that is, all the rights and obligations deriving for both parties), and the reasons – both general and particular – that cause the case of a lease contract. The author suggests not as public/law acts only, but – more adequate with their properties - as contractual type of acts, having as main purpose the administration of the public or private domain of the state or its components.

Keywords: Contract; Concession; Public Authorities; Lease (search for similar items in EconPapers)
JEL-codes: K12 (search for similar items in EconPapers)
Date: 2004
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