Juridical Regime of the Public Domain

• Author: Vasilica Negrut
• Position: Danubius University in Galati, Faculty of Law
• Pages: 40-43

Juridical Regime of the Public Domain

Vasilica Negruţ

„Danubius” University in Galaţi, Faculty of Law, negrut.vasilica@univ-danubius.ro

Abstract: The goo ds that form the a dministrative domain are classified in two categories: some to which

the private law rules can be applied, some others meant for public use, unliable of individual approach,

forming the public domain. The term of juridical regime of the public domain has in view the a ssembly of

rules that can be applied to the goods belonging to the public domain as well as the juridical relations born

between the owners of these goods and third persons. The p ublic property goods are subjected exclusively

to a juridical regime by public law, while the private property goods belonging to the public domain are

governed simultaneously by two types of juridical regimes a nd more exactly by a mixed juridical regime

by common right and by power. The principles that can be applied to the public domain goods are: the

inalienability, the imprescriptibility and the imperceptibility.

Key words: public domain, public property, inalienability, imprescriptibility, imperceptibility.

I. The term of public domain

The interest in this traditional institution in the administrative law is determined by the

implications that the way in which it is understood has in the field of economical, social and even

political1 realities. The term of public domain becomes again an actual term after 1989, especially

after the Law no 18/1991, which nominates fields belonging to the public domain and excluded

from the rule of reconstruction of private property right, has been adopted.

The term of public domain is the result of some constant researches of doctrinarians, authors of

public and private right.2 Also the jurisprudence contributed to a certain extent to outlining this

term sharing the theories elaborated in this way within its solutions.

The theory of domain is an essential modification made to the property in the civil right.3

As the famous professor Jean Vermeulen has shown, „the discussions that appear around the term

of public domain do not present only a theoretic and doctrinary interest but they also offer a

practical interest, the public domain being subjected to a special juridical regime that estranges it

not only from the juridical regime of individual property but even from the juridical regime of the

private domain of the state which is subjected to the dispositions of common right”.4

The goods forming the administrative domain are divided into two categories: some to which the

rules of private right can be applied and some others meant for public use, unliable of individual

approach, forming the public domain. Its delimitation is made in conditions that differ from the

1

Antonie Iorgovan, Tratat de drept administrativ, vol.II, Ediţia 4, Editura All Beck, Bucureşti, 2005, p.123.

2

Liviu Giurgiu, Domeniul public, Seria „Repere Juridice”, Editura Tehnică, Bucureşti, 1997, p.12.

3

Idem.

4

Jean Vermeulen, Curs de drept administrativ, Bucureşti, 1947, p.181.

40