Exercising the Right of Private Property of the State or of the Administrative- Territorial Units
The study aims at highlighting the important aspects of the exercise of the right of private property of the state or of the administrative-territorial units. In order to achieve the objectives of the paper, we performed an analysis of the specific legislation, of the specialized literature, and o...
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| Format: | Article |
| Language: | English |
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Danubius University
2020-11-01
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| Series: | Acta Universitatis Danubius: Juridica |
| Subjects: | |
| Online Access: | https://dj.univ-danubius.ro/index.php/AUDJ/article/view/704/1126 |
| Summary: | The study aims at highlighting the important aspects of the exercise of the right of private
property of the state or of the administrative-territorial units. In order to achieve the objectives of the
paper, we performed an analysis of the specific legislation, of the specialized literature, and of the
jurisprudence. According to the Administrative Code, the private domain of the state or of the
administrative-territorial units is constituted by the goods that are not included in the public domain,
the state or the administrative-territorial units have a right of private property. The legal regime of the
goods that constitute the private domain of the state or of the administrative-territorial units is the one
of common law, except for the cases when by law another legal regime is established. The exercise of
the right of private property of the state or of the administrative-territorial units considers, on the one
hand, the general administration of the goods of the private domain of the state and of the
administrative-territorial units, and on the other hand, the ways of exercising the property right.
private property of the state or administrative-territorial units, respectively the sale, administration,
concession, free use or rental of private property of the commune, city or municipality, or county, as
the case may be, under the law. After the analysis and empirical research, the paper summarizes the
general conclusions regarding the exercise of the right of private property of the state or of the
administrative-territorial units, as they are presented by the Administrative Code approved by the
Emergency Ordinance no. 57/2019. |
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| ISSN: | 1844-8062 2065-3891 |