5. Regimul juridic al proprietăţii publice. Distincţii. Imposibilitatea existenţei proprietăţii publice în coproprietate pe cote părţi cu proprietatea privată
5. The legal regime of public property. Distinctions. The impossibility of public property being co-owned in shares with private property

Summary/Abstract: The impossibility of the coexistence of both public and private ownership of the same asset arises precisely from their different legal regimes: from the exclusive and defined nature of assets that are the object of public ownership, as well as from the fact that joint ownership in shares is a specific modality of private ownership, which is incompatible with the legal regime of public ownership. Joint ownership in shares is characterized by a plurality of holders, the material unity of the asset, and the fractional division of the right. While private ownership of an asset considered individually or of a collection of assets, as a whole, can simultaneously belong to multiple holders or legal subjects, public ownership belongs exclusively to a single holder either the state or administrative territorial units–making the division of the right impossible.

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