4. Acţiune în constatare a dreptului de proprietate publică asupra unui lac. Inadmisibilitate
4. Action to establish public ownership of a lake. Inadmissibility

Summary/Abstract: With regard to property in the public domain of the State, the special provisions governing the legal regime governing the establishment of ownership and the constitution of the title deed of ownership shall apply as a matter of priority, and this is governed, inter alia, by Article 286 para. (1) and para. (2) and art. 288 of GEO no. 57/2019 on the Administrative Code. Thus, the right of ownership of goods in the public domain determined in accordance with Art. 136 para. (3) of the Constitution arises, as a rule, from the law, these being the subject of special normative acts. An asset in the centralised inventory of public domain assets is included further to the existence of the state's public ownership, but with the amendment that this inclusion, on the basis of which the land register is entered, is proof of the state's ownership. As long as a special ascertainment and inventory procedure has been regulated for assets in the public domain of the State, provided for by Article 288 of GEO no. 57/2019, finalised with the mention of the respective asset in the centralised inventory of assets in the public domain by a government decision, the action for ascertainment based on Article 35 of the Civil Procedure Code, which is of a subsidiary nature, cannot be resorted to.

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