The legal nature of the liability of the manager of a public institution subordinated to the local council for the damage caused by the defective fulfillment of the duties of tertiary authorizing officer.
DREPTUL AFACERILOR
Abstract
Public institutions of local interest, which carry out a public utility activity, are legal persons under private law, which function as a commercial company. Consequently, the manager’s obligations and liability, appointed by a decision of the local council, circumscribe to the provisions related to mandate, therefore the manager is liable for the harm caused by breaching the legal provisions concerning the use of budgetary credits based on contractual civil liability instead of tort civil liability.