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CONCESSION OF PUBLIC PROPERTY
CONCESSION OF PUBLIC PROPERTY

Author(s): Teodora-Andreea Onița
Subject(s): Law on Economics, Sociology of Law, Commercial Law, Administrative Law
Published by: Editura Pro Universitaria
Keywords: concession; concessionaire; public property; public interest; royalty;

Summary/Abstract: Going beyond the doctrinal controversies regarding the legal nature, the concession remains the most used method of exploitation of the public domain. Currently, it is regulated in several normative acts that are not applied cumulatively, but a distinction is made between the situations in which the provisions of one or the other are incident by indicating in the body of the normative texts the exceptions to application. Thus, problems arise in the delimitations between situations in which the elements included in two or more normative acts overlap. The legal relations arising from the concession contract do not only belong to the field of civil law, but also must take into account the elements of public law that are part of them. This paper aims to address some doctrinal disputes and bring new arguments in support of the interpretations given in the letter of the law.

  • Issue Year: 1/2022
  • Issue No: 2
  • Page Range: 220-228
  • Page Count: 9
  • Language: English
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