Owners of public property in Romania
Lecturer Cătălin-Silviu SĂRARU
This a rticle a nalyzes the owners of public property: the state and the territorial
administrative units. The article analyzes various theories about the quality in which the
State exercising the right of public property (independen tly of the a legal person, based on
the national sovereignty or as a public law legal person). Si milar is analyzed the quality in
which the administrative-territorial unit exercises the right of public prop erty. In this
article are analyzed also the meanings of the term "administrative territorial unit".
Keywords: right of public property, state, territorial administrative units, legal
person of public law, administrative law.
JEL Classification: K11, K23
Art. 136 (2) of the revised Constitution states that "Public property is
guaranteed and protected by law, belongs to the state or territorial administrative
units". Also art. 858 of the Civil Code states that public property is ownership of
what belongs to the state or the territorial administrative unit, of the goods which
by their nature or by declaration of law are by use or public interest, provided to be
acquired through one way prescribed by law.
From these mandatory provisions, it follows that any other subject of
public or private property cannot be holder of public property rights but can have,
at most, derived rights of this, such as the right of management, concession
Thus, according to art. 136 (4) of the Constitution, under the terms of the organic
law, the public property can be managed by autonomous régies or public
institutions, or can be granted or leased; also, it can be transferred for free usage
to public utility institutions. Therefore the private legal persons
and the natural
persons may not hold in property, assets belonging to the state public domain or the
Cătălin-Silviu Săraru, Bucharest University of Economic Studies, Law Department,
See Eugen Chelaru, Administrarea domeniului public şi a domeniului privat, C.H. Beck
Publishing House, Bucharest, 2008, Second edition, p. 56; Corneliu Bîrsan, Drept civil. Drepturile
reale principale, Hamangiu Publishing House, third edition, Bucharest, 2008, p. 87; Marian
Nicolae, Consideraţii asupra Legii nr. 213/1998 privind proprietatea publică şi regimul juridic al
acesteia, in Dreptul no. 6/1999, p. 6, 7.
See also Constitutional Court Decision no. 107/2004 published in the Official Gazette no. 392 of
4 May 2004.