Corelatia dintre dreptul public si dreptul privat în reglementarea dreptului de proprietate publicã în Codul Civil
The correlation between public law and private law in the regulations of the public property law in the civil code

Summary/Abstract: Although the distinction between public law and private law continues to be useful, it is impossible to draw an absolute boundary between those important divisions of the law system. The legal institutions which combine the public law rules with those of private law are numerous. Among them there is also the institution of public property law. Even if the respective institution comprises mainly, public law rules, the private law rules are not excluded completely. It is made up of constitutional law rules, administrative law rules, tax law rules and civil law rules. On the other hand, neither the institution of the private property law is an institution of pure private law. Although the civil law, the commercial law and the intellectual property law rules are prevailing, they shall be supplemented by constitutional law rules, by administrative law rules and by tax law rules. As a matter of fact, the existence of certain border areas between the public law and the private law explained the debate on the traditional division of the national law system and the appearance of a third segment, named mixed law. The mixed nature of the institution of public property law justifies the interference between the knowledge of civil law, the knowledge of constitutional law and the knowledge of administrative law, without the exclusion of incidence of other legal disciplines. Finally, besides the localization of legal rules making up this institution (in the Constitution, in the Civil Code, in various other laws), the assignment of the part of each curricular discipline in studying the public property law depends on the academic wisdom. However, it is unavoidable that, in one way or another, just because the institution has a mixed nature, certain legal rules should be studied, even if from various perspectives, by several curricular disciplines.

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