EIRP Proceedings (May 2018)
Delimitation of Public Property. The Correlation Public Property-Public Domain
Abstract
The implementation of Law no. 287/2009 on the Civil Code (through Law No. 71/2011) imposed a new scope of the matter, as by this normative act an important part of the Law no. 213/1998, which until that date was considered to be the main regulation, derogating from the common law, intended for the legal regime applicable to public property. In this respect, it was questioned the reasons of regulating public property by the New Civil Code, which, in Art. 2 par. (1) establishes the subject matter of this normative act: “The provisions of this Code regulate the patrimonial and non-patrimonial relations between persons as subjects of civil law”. The controversies in the doctrine, as well as the “parallelisms, the inconsistencies and the contradictions between the different normative acts in the field of property” have led to the inclusion in the Government Decision no. 196/2016 for the approval of the preliminary theses of the draft of Administrative Code an chapter on the exercise of the public and private property right of the State and of the administrative-territorial units.
