UNELE CONSIDERAȚII ÎN LEGÃTURÃ CU RÃSPUNDEREA PATRIMONIALÃ CIVILÃ A PERSOANELOR JURIDICE DE DREPT PUBLIC PENTRU FAPTA PROPRIE DE A EMITE ACTE ADMINISTRATIVE VÃTÃMÃTOARE

In the study hereunder, the author makes some considerations regarding the patrimonial liability of public law legal entities for their offence of issuing injurious administrative instruments. In this regard, it is concluded that the identification of public law legal entities is essential, since only these may be liable against the prejudiced creditor, the public authorities issuing the injurious administrative instrument lacking legal personality cannot being patrimonialy held liable against the prejudiced person. As for the legal nature of liability, this is a special subjective liability (if the administrative instrument is illegal) and, respectively, unbiased liability, if the instrument causing prejudices was issued through an illegal administrative instrument.