The Legal Regime of the Right to Administrate Public Property

Abstract

The traditional institutions for administrative law, public property and the public domain have been the subject of numerous specialized papers from the interwar period. After 1990, the two institutions were discussed in light of the new legislative rules. Within this article we propose to analyze, based on the distinction between the notions of public property and public domain, the legal regime of the right to administrate assets of public property. Is this a real right appropriate for public property or just a simple competence of administration and management of public domain assets? Analyzing and comparing the opinions, the arguments expressed by specialists and the current legislation in this area, we conclude that the administrative right is a real right suitable for public property.

Keywords

• public domain; public property; private property; the right to administration