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Austrian Journal of Humanities and Social Sciences, Issue 7-8/2016

Insurance claim in administrative disputes resolution

DOI: https://doi.org/10.29013/AJH-16-7.8-37-39

Pages: 37 - 39

Authors: Menga I.

Abstract: To write an article about the institution of insurance claim litigation in administrative judgment, we must also tackle a comparative overview regarding the provision of the claim in the trial of civil cases, harmonized with unifying judicial practice. To have a broader approach, we can not simply refer to any specific provisions of law (No. 49/2012), which regulates the procedural vehicle insurance claim [1]. This article is intended precisely to address first the concept of insurance claim, secondly insurance claim in the judicial process and administrative/types of security measures of the lawsuit, and finally comparative overview of insurance claim in the judicial process administrative and civil as well as the unification of jurisprudence in relation to the provision of the claim.

Keywords: Securing the lawsuit, the types of security measures of the lawsuit, administrative dispute, suspend administrative act, warranty, non-final decisions, civil disputes, administrative courts, administrative activities etc

1. Article 28–33 of the Law No. 49/2012 “On Organization and Functioning of the Administrative Court
and administrative disputes”.
2. Unifying Decision No.10, dated 24.03.2004, the United Chambers of the Supreme Court.
3. Reichert vs Dresdner Bank, ECJ 26 March 1992, Case C‑261/90, ECR I‑2149.
4. Article 28 of Law No. 49/2012.
5. Article 29 of Law No. 49/2012.
6. Management Publications Ltd k Blenheim Exhibitions Group Plc (1991) 1 All ER 70.
7. Article 171 of the Law No.44/2015 “Code of Administrative Procedures”.
8. Article 180/b of Law No.44/2015 “competent court for administrative issues has suspended the implementation
of the act, under the provisions of administrative dispute resolution