Juridical Regime of the Public Domain

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

The goods that form the administrative 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 assembly of rules that can be applied to the goods belonging to the public domain as well as the juridical... (see full summary)

 
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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.
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