3. Apărarea dreptului de proprietate publică asupra plajei litoralului românesc
3. Defence of public property rights on the Romanian coastal beaches
Author(s): Teodora BoicescuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: contract annulment; ownership transfer; coastal beach; public property; restitution;
Summary/Abstract: The subject matter of the dispute is the annulment of the contract of sale by which the right of ownership of a building land consisting of a stretch of beach on the Romanian coast, which had previously been included in the private domain of the administrative territorial unit by decisions of the local council, was transferred. In the case, the plaintiff, the holder of the right of administration of the property, invoked the plea of illegality of the administrative acts of inventory, requested the absolute nullity of the contract of sale and the restitution of the property to the Romanian State and its administration. The coastal beach forms the exclusive subject of public property rights, according to Art. 136 para. (3) of the Constitution, being an inalienable, imprescriptible and non assessable property. An action for the recovery of such immovable property may be brought by the holder of the right of administration, with the holder of the property right being brought into the dispute, in order to protect public property rights.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2024
- Issue No: 03
- Page Range: 51-58
- Page Count: 8
- Language: Romanian
- Content File-PDF
