Rental of Public Property Assets

• Author: Vasilica Negrut
• Position: Professor, PhD, 'Danubius' University of Galati, Romania
• Pages: 102-108

European Integration - Realities and Perspectives. Proceedings 2020

102

Rental of Public Property Assets

Vasilica Negruț1

Abstract: In this article, using the logical interpretation, the jurisprudence study, but also the comparative

analysis, we have proposed to analyze the rental of public property assets from the perspective of the provisions

of the Ad ministrative Code. We have considered aspects related to the parts of th e contract for the rental of

public property assets, the administrative act by which the lease is approved, the procedure for awarding the

lease, the actual conclusion of the lease, the effects o f the lease. In contrast to the administration of public

property assets, concession and their free use, renting it is not a real right. This is a way by which the holders

provided by the Administrative Code can make revenues at local or state budgets, the rent being determined by

the parties, based on the legal obligation report that is born at the conclusion of the lease.

Keywords: public property; rent; assets; contract

1 Introduction

The Constitution of Romania, in art. 136 para. (4), provides for the possibility of renting public property.

Until the entry into force of the Administrative Code, the Law on local public administration no.

215/2001 established, in art. 123 of para. (1), the right of local councils and county councils to decide

that the assets belonging to the public or private domain, of local or county interest, as the case may be,

be given in the administration of autonomous utilities and public institutions, to be concession or rented.

Also, the Civil Code mentions in art. 861 para. (3) the possibility of renting, in accordance with the law,

the public property assets. Unlike the concession and administration of public property, the Civil Code

does not contain special regulations on the rental of public property. In this regard, the doctrine of civil

law shows that the reason for not including in the fundamental civil law the lease in the category of ways

to enhance the right to public property seems to be the difference between the concession contract and

the lease.

Thus, while the first leads to the birth of a real right over the leased property, having as owner the

concessionaire, “the lease contract leads to the birth of an obligatory legal relationship” (Bîrsan, 2013,

p. 193; Stoica, 2012, p. 285; Puie, 2014, pp. 186). It is also clear from the analysis of the two

administrative contracts that both are onerous contracts, but the concessionaire will pay a royalty

proportional to the profits from the operation of the concession property, as opposed to the one who

rented the property, who will pay a sum of money as rent, established by agreement of the parties

(Bîrsan, 2013, p. 193).

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

Corresponding author: vasilicanegrut@univ-danubius.ro.