Considerations Concerning the Necessity of Ruling the Public Ownership Right in Romania Through the Administration's Code

AuthorAlina Livia Nicu
PositionAssociate Professor, PhD, Faculty of Law, University of Craiova, Romania
Pages5-15
JURIDICA
5
Public Law
Considerations Concerning the Necessity
of Ruling the Public Ownership Right in
Romania Through the Administration's
Code
Alina Livia NICU
1
Abstract: Due to the enforcement in Romania of the New Civil Code on October 1-st 2011
2
, the public
ownership right is ruled through this Code's articles 858-875. As a consequence, the set of norms which
was previously ruling over the public ownership and its juridical regime in Romania”
3
, a set which
had been stated by the Law nr.213 of November 17-th 1998 designated at its enforcement as a “Law
concerning the public ownership and its juridical regime”
4
, has been divided into fragments. Practically
speaking, the public ownership right is actually ruled inside of an aggregate of norms pertaining to civil
law, while the juridical norms which do concern “the goods under public ownership”
5
are ruled through
a normative act which does pertain to the domain of the administration's law. In what concerns as well
the concepts of the state's private ownership or of the administrative-territorial units' private ownership,
there is no explicit regulation reserved for them, but the civil law norms are applied which do usually
concern the private law's moral persons, through the assimilation of the state and of the administrative-
territorial units to the private law's moral persons. Many normative acts which, in a lot of cases, do refer
in a point-like manner only to the public ownership right do as well come to render more complicated
the legal frame which does concern the exercise of the public ownership right. The objective of the
present work is to state, through valid argument lines, the necessity of modifying the legislative frame
which does concern the public ownership right and the goods which, thereby, do pertain to the public
domain, in the sense that these matters should be ruled by the Administration's Code. Our reason for
1
Associate Professor, PhD, Faculty of Law, University of Craiova, Romania, Address: 13 A. I. Cuza
Str., Craiova 200585, Romania, Tel.: +40251414548, Corresponding author: nicu1940ion@gmail.com.
2
The Civil Code enforced on December 1st 1865 has been, thereby, substituted.
3
The respective expression, present in the title of the concerned normative act, was instituting the
feature of unity for the norms which were constituting the juridical frame elaborated for the exercise of
the public ownership right.
4
Published in the Official Monitor of Romania, Part I, no. 448 of November 24th 1998.
5
According to the dispositions of the Law nr.71 of June 3-rd 2011 for the applying of the Law
nr.287/2009 concerning the Civil Code, published in the Official Monitor of Romania, Part I, n o. 409
of June 10th 2011 in its art. 89 item 1, the title of the Law no. 213/1998 has become: “Law concerning
the goods under public ownership”.
AUDJ, vol. 12, no. 2/2016, pp. 5-15

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