Interesul privat şi servituţile de utilitate publică
Private interest and public utility easements

Summary/Abstract: This study attempts to present the main types of public utility easements regulated by special laws, and to correlate these provisions with those of the Civil Code concerning the right of way for utilities. We are interested in the perspective of balancing the private interest of the owners affected by these easements with the public interest for which they were established. It was necessary to give a brief overview of the features, content and method of establishing public utility easements, after having highlighted the main aspects relating to the qualification and classification of these easements. The verification of how the private interest is protected by the special legal provisions regulating public utility easements was based on the decisions of the Romanian courts on the subject, influenced by the decisions of the European Court of Human Rights.

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