Special Domenial Regimes

• Main Author: Vasilica NEGRUŢ
• Format: Article
• Language: English
• Published: Danubius University 2009-10-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: public domain; public property; private property; inalienability; domenial regime
• Online Access: http://www.juridica-danubius.ro/continut/arhiva/A84.pdf

The reason that justifies the existence of rules with particular feature which derogates from common law rules, in matters of public administration property, is represented by the public interests, that that the administration is committed to accomplish them. Domenial regime is a specific legal regime on the property, under the norms of public law. Domenial regime presupposes, in general, the establishment of different forms of property – public property - and the allocation of some features of the private property regime on the property holders of public powers. The problem of special domenial regime is important in particular in terms of how to restrict the exertion of private property right over the property belonging to physical and judicial persons, as provided by article 53. of the Constitution. Special Domenial Regimes present, in fact, limitations to private ownership, by developing a safety and security regime applicable to such properties, for preservation and transmission to future generations.