General Competence - An Interbranches Legal Institution That Delimits the Powers of Jurisdictional Bodies in Continental Law

Alexandru Prisac ()
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Alexandru Prisac: University of European Studies from Moldova, Republic of Moldova.

Perspectives of Law and Public Administration, 2023, vol. 12, issue 4, 497-509

Abstract: In this article, the general competence as an interbranch legal institution is analyzed as a whole, starting from the specific norms of the continental law. The general competence is defined, being a complex notion because it is not regulated in the national legislation in a legislative act specific to this legal institution. It is contained in several normative acts. Thus, the most important features of general jurisdiction are highlighted, starting from the opinion of several authors who have analyzed this legal institution. It is presented that any legal norm implicitly also contains a provision regarding general competence, because in case of non-compliance with it, the sanction is to be applied by a certain jurisdictional body. Initially, its evolution was exposed in Romanian private law, then in French and German law. Clarity was made in the delimitation of the types of general jurisdiction that include certain criteria for delimiting the powers of jurisdictional bodies in the resolution of legal cases. In addition to the exclusive, alternative, conditional general competence, it is demonstrated that there is also the dynamic general competence that delimits the competence of the jurisdictional bodies as a whole with all the regulations of this legal institution.

Keywords: competence; institution; interbranch; jurisdiction; continental. (search for similar items in EconPapers)
JEL-codes: K41 (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:12:y:2023:i:4:p:497-509

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