THE POWER OF THE STATE AND OF LOCAL ADMINISTRATIVE UNITS TO IMPOSE IN RELATIONS WITH NATURAL AND LEGAL ENTITIES THE EXORBITANT LEGAL REGIME AND RELATED TO THE GOODS MAKING UP THE PRIVATE DOMAIN THEREOF
THE POWER OF THE STATE AND OF LOCAL ADMINISTRATIVE UNITS TO IMPOSE IN RELATIONS WITH NATURAL AND LEGAL ENTITIES THE EXORBITANT LEGAL REGIME AND RELATED TO THE GOODS MAKING UP THE PRIVATE DOMAIN THEREOF

Summary/Abstract: After 1990, the distinction between the public domain and the private domainbelonging to the State and the Local Administrative Units became obvious. Although thefirst decade after the events of December 1989 can be characterized as a decade ofpermissive attitude of the State and Local Administrative Units regarding the exercise ofcertain rights by natural persons and private law legal entities on the goods from theprivate domain thereof, starting with 2000, the legal framework defective in the matterhas been complemented by various imperative legal norms, the previous permissivitybeing replaced by "authority", with the imposition of the exorbitant legal regimeconcerning the goods part of the private domain.The most eloquent example is the legislation on the sale of private propertypremises belonging to the State and Local Administrative Units adopted after 2000,legislation with a certain specificity, legislation that imposed the exorbitant legalregime also concerning the goods part of the private domain, belonging to theseentities. The word negotiation, the concept of negotiation provided in these judicialtexts, has quite a different meaning than the usual one, the meaning of the common law,the negotiation within these procedures being in reality an unnegociable offer.

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