Proprietate publică. Dobândirea dreptului de proprietate publică. Prezumţie de proprietate. Inventarierea bunurilor proprietate publică
Public property. Acquiring public property. Presumption of property. Inventory of public property
Author(s): Irina-Olivia CălinescuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: public property; public use; public interest; inventory of public property;
Summary/Abstract: Public property consists of the property right belonging to the State or an administrative territorial unit over goods which, by their nature or by the declaration of the law, are of public use or of public interest, to the extent that these goods were acquired through one of the ways provided by law.The operation of inventorying and attesting the belonging to the local, county or national public domain of an asset does not have a constitutive nature of law but only determines the incidence of a presumption of belonging to the public domain, considering that no legal text assigns such a character.In accordance with the incidental legal provisions, the inventory of public property assets necessarily assumes the existence, as a premise, of a legal way of acquiring the asset in the patrimony of the public property right holder.In the absence of proof of a method of acquiring the asset according to the legal provisions, the incidence of the special protection regime applicable to assets that are part of the public domain cannot be retained.
Journal: Revista Română de Drept Privat
- Issue Year: 2024
- Issue No: 03
- Page Range: 39-46
- Page Count: 8
- Language: Romanian
- Content File-PDF
