Confluences at The Boundary between Public and Private Property

Abstract

Public property is characterized by an exorbitant legal regime, derogating from common law, as it is exercised over goods in the public domain of the state or administrative-territorial units, in order to protect the general interest. Often, however, in practice, situations are encountered in which the border between public property and private property is subject to misunderstandings between the public authorities representing the state or administrative-territorial units, on the one hand, and private property owners, on the other hand. We will analyse such situations, especially that of expropriation de facto, but also the situation in which there is a wrong application of the legislation on the reconstitution of the right of ownership in the matter of the land fund and in which there are overlaps regarding the same land, between the subject of civil law and the holder of the public property right.

Keywords

• public property
• private property
• expropriation
• restitution in integrum