Natura juridică a hotărârii prin care organul deliberativ al unităţii administrativ teritoriale dispune înstrăinarea unui bun proprietate privată
The legal nature of the decision by which the deliberative body of the administrative territorial unit decides the alienation of a good which is private property

Summary/Abstract: Public and private property management is one of the main activities of local public authorities, activity which is reflected in the legal documents the public authorities issue and/or conclude when they dispose of the property they own. In their capacity as public subjects, the local public authorities issue/conclude legal documents in public power regime following the execution of the law or the provision of public services, while in their capacity as private subjects, the local public authorities issue/conclude legal documents as any other individual without pursuing the organization of the execution of the law or the concrete execution of the laws or other legal/regulatory acts. Therefore, when exercising the duty/power to manage the private interests of the administrative-territorial unit, the deliberative body has the role of a managing body that expresses the will of the legal person it represents. The distinction between acts of local public authorities issued in public power and acts of local public authorities issued in private law is of particular importance from the perspective of the competent body to verify the legality of such acts, which is why, in order to prevent possible abuses, in the end of this study I will make a proposal for changing the law that will balance the civil legal regime applicable to private law acts issued by local public authorities.

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