Regimul juridic al domeniului privat al statului şi al unităţii administrativ-teritoriale prin prisma Codului administrativ, la graniţa dintre regimul de drept comun şi cel de putere publică
The legal regime of the private domain of the State and of the administrative-territorial unit through the prism of the Administrative Code, on the borderline between the common law regime and the regime of public power

Summary/Abstract: The study aims to analyze the legal regime of the private domain of the State and the administrative territorial unit, based on the current normative framework, represented, mainly, by the Administrative Code and the Civil Code. The analysis of the legal regime of the private domain of the State and the administrative territorial unit was generally done in contrast to their public domain. The main thesis was that if the goods of the public domain are subject to the regime of public power, dominated by the rule of inalienability, to which is added that of inalienability and imprescriptibility, the goods in the private domain of the State and administrative territorial units are subject to the rules of common law, if the law does not provide otherwise. The problem that arises, in our opinion, is to what extent this rule still retains its validity, in the context in which art. 362 para. (3) of the Administrative Code provides that “The provisions regarding the administration, concession, rental and free use of goods belonging to the public domain of the State or administrative territorial units shall be applied accordingly”. Shouldn’t we rethink this constant of doctrine and legislation in approaches to the private domain of the state and the administrative territorial unit? We are trying to solve this interrogative problem through the present study, also coming up with a proposal for a ferenda law.

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