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
Author(s): ICU Mihai MarianSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: Public Domain; Private Domain; Local Administrative Unit; Natural Persons; Legal Entities; State; Administration;
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.
Journal: Istorie, Cultura, Cetatenie in Uniunea Europeana
- Issue Year: 11/2018
- Issue No: 1
- Page Range: 290-299
- Page Count: 10
- Language: English