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

Abstract

The purpose of this study is to highlight the important aspects of exercising 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, as well as 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 having 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 private property right 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, the 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 of the 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.