Exercitarea dreptului de proprietate publică
Exercising the Right of Public Property
Subject(s): Civil Law
Published by: Editura Pro Universitaria
Keywords: "public domain; right of administration; right of concession; right to use free of charge; inalienability; special legal attributes"
Summary/Abstract: The paper analyzes the institution of public property in its evolution in Romania after December 22, 1989 and especially with reference to the provisions of the Romanian Civil Code, which came into force on 1 October 2011. There are presented the criteria for delimitation of the public property from the private property and also the criteria for delimiting the public domain of national interest from the local interest. The holders of the public property right in the Romanian legal system are the State and the territorial administrative units, and the actual exercise of the attributes of the public property right is realized through the central or local public administration authorities, the autonomous administrations and other public institutions.The study analyzes in detail the rights corresponding to the public property - the right of administration, the right of concession and the right of use free of charge, highlighting the holders, the way of formation, the legal content and its limits. The regulation of the real rights corresponding to the public property is currently carried out by the civil code expressing the special juridical characters of the public property - inalienability, imprescriptibility and insensibility in accordance with the provisions of art. 136 of the Romanian Constitution.
- Issue Year: 1/2017
- Issue No: 1
- Page Range: 117-131
- Page Count: 14
- Language: Romanian