PARADIGMA PROCEDURII PREALABILE ÎN JUSTIȚIA CIVILĂ NAȚIONALĂ

Abstract

The objective of this article is to analyze a variety of the general jurisdiction of the courts, named conditional general jurisdiction, applicable to the common law civil cases and to the administrative litigation cases. In particular, emphasizing the procedural character of administrative legal relations and the natural consecutiveness of the two categories of legal relationes: administrativ law and civil procedural law. The respective procedures – non-contentious and contnetious – form the regulatory object of the 2nd and 3rd Books of the Administrartive Code, namely to emphasize that one is prior to the other. The quasi-judicial character of the preliminary procedure is an exception, valid only if an administrative authority acts as os court of law and is vested by law with jurisdictional powers only for certain categories of disputes.