Private law state foundations: juridical viability

Abstract

This article intends to analyze the juridical viability of the Project of Complementary Law PLP N. 92/2007 that will regulate the private law state foundations. It was pointed the main obstacles relationated with the theme of state foundations were pointed PLP N. 92/200: the semantically indetermination of the expression "state foundation"; indetermination of the private law discipline and doubts about the possibility of the private law state foundations to give the required efficiency to Public Administration. After that, each point was analyzed by normative and doctrinaire studies. As result of this research, this article pointed that the proposed model of state foundation is not juridical viable, once the terminological issue has not already been transposed and, consequently, remains an imprecisely identification of the private law discipline. In relation to efficiency, the merely announce of the private law discipline in the text of law is not sufficient to provide a flexible and efficient management; contractual instruments are necessary to reach this aim.