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

Author:Vasilica Negrus
Pages:113-118
SUMMARY

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 the legal regime applicable to public property. In this respect, it was questioned the reasons of... (see full summary)

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core of the matter, as by this normative act an important part of the Law no. 213/1998 was repealed,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

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