Exercising the Right of Private Property of the State or of the Administrative- Territorial Units

• Main Author: Vasilica Negruț
• Format: Article
• Language: English
• Published: Danubius University 2020-11-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: the right to private property; state; administrative-territorial units; general administration; exercise ways
• Online Access: https://dj.univ-danubius.ro/index.php/AUDJ/article/view/704/1126

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.