Reflections on the competence of courts to settle disputes concerning private property Cover Image
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Reflecții în legătură cu competența instanțelor judecătorești în soluționarea litigiilor privind bunurile domeniului privat
Reflections on the competence of courts to settle disputes concerning private property

Author(s): Anton Trăilescu
Subject(s): Public Law, Administrative Law
Published by: Universul Juridic
Keywords: public domain of the state and administrative-territorial unit; public property; administrative litigation courts; common law courts; jurisdiction;

Summary/Abstract: The study aims to analyze the regime of the private domain of the state and the administrative-territorial unit, as it is regulated by the Administrative Code. At the center of the analysis is the problem resulting from its title, which are the courts competent to resolve disputes arising from the capitalization of assets belonging to the private domain of the state and administrative-territorial units. The need to clarify this issue is generated by the provisions of the Administrative Code, according to which the rules regarding contracts for the concession, rental, administration or free use of public property assets also apply to similar contracts that concern assets from the private domain of the state or administrative units- territorial. The opinion we formulate is that as far as disputes are concerned, they should fall to common law courts, as opposed to disputes concerning public property, for which the legislator establishes, mainly, the competence of administrative litigation courts.

  • Issue Year: 2023
  • Issue No: 04
  • Page Range: 24-30
  • Page Count: 7
  • Language: Romanian