Delimitation of Public Property. The Correlation Public Property-Public Domain

• Author: Vasilica Negrus
• Pages: 113-118

ISSN: 2067 – 9211 Legal Sciences in the New Millennium

113

Delimitation of Public Property.

The Correlation Public Property-Public Domain

Vasilica Negru1

Abstract: The implementation of Law no. 287/2009 on the Civil Code (through Law No. 71/2011) imposed a

new scope of the matter, as by this normative act an important part of the Law no. 213/1998, which until that

date was considered to be the main regulation, derogating from the common law, intended for t he legal

regime applicable to public property. In this respect, it was questioned the reasons of regulating public

property by the New Civil Code, which, in Art. 2 par. (1) establishes the subject matter of this normative act:

“The provisions of this Code regulate the patrimonial and non-patrimonial r elations between persons as

subjects of civil law”. The controversies in the doctrine, as well as the “parallelisms, the inconsistencies and

the contradictions between the different normative acts in the field of property” have led to the inclusion in

the Government Decision no. 196/2016 for t he approval of the preliminary theses of the draft of

Administrative Code an chapter on the exercise of the public and private property right of the State and of the

administrative-territorial units.

Keywords: property law; public property; public domain

1. General Considerations on Public Property

Implementation of Law no. 287/2009 on the Civil Code (through Law No. 71/2011) imposed a new

core of the matter, as by this normative act an important part of the Law no. 213/1998 was repealed,

which until that date it was considered to be the main regulation, derogating from the common law,

designed for the legal regime applicable to public property.

In this respect, the question of the rationale of regulating public property was raised by the New Civil

Code, which, in Art. 2 par. (1) establishes the subject matter of this normative act: “The provisions of

this Code regulate the patrimonial and non-patrimonial relations between persons as subjects of civil

law”.

The controversies in the doctrine, as well as the “parallelisms, the inconsistencies and the

contradictions between the different normative acts in the field of property” have led to the inclusion

in the Government Decision no. 196/2016 for the approval of the preliminary theses of the draft

Administrative Code of the chapter on the exercise of the public and private property right of the State

and of the administrative-territorial units.

1 Professor, PhD, “Danubius” University of Galati, Romania, Address: 3 Galati Boulevard, 800654 Galati, Romania, Tel.:

+40 0733 180 305, Corresponding author : vasilica negrut@univ-danubius.ro.