Acta Universitatis Danubius. Juridica, Vol 12, No 2 (2016)

Abstract

Abstract: Due to the enforcement in Romania of the New Civil Code on October 1-st 2011[1], the public ownership right is ruled through this Code's articles 858-875. As a consequence, the set of norms which was previously ruling over the „public ownership and its juridical regime in Romania”[2], a set which had been stated by the Law nr.213 of November 17-th 1998 designated at its enforcement as a "Law concerning the public ownership and its juridical regime"[3], has been divided into fragments. Practically speaking, the public ownership right is actually ruled inside of an aggregate of norms pertaining to civil law, while the juridical norms which do concern "the goods under public ownership"[4] are ruled through a normative act which does pertain to the domain of the administration's law. In what concerns as well the concepts of the state's private ownership or of the administrative-territorial units' private ownership, there is no explicit regulation reserved for them, but the civil law norms are applied which do usually concern the private law's moral persons, through the assimilation of the state and of the administrative-territorial units to the private law's moral persons. Many normative acts which, in a lot of cases, do refer in a point-like manner only to the public ownership right do as well come to render more complicated the legal frame which does concern the exercise of the public ownership right.

The objective of the present work is to state, through valid argument lines, the necessity of modifying the legislative frame which does concern the public ownership right and the goods which, thereby, do pertain to the public domain, in the sense that these matters should be ruled by the Administration's Code. Our reason for sustaining this point of view under the actual legislative frame is the fact of taking into consideration the initiative of elaborating the Administration's Code, an action which is carried on as we are speaking.[5]

[1] The Civil Code enforced on December 1-st 1865 has been, thereby, substituted.

[2] The respective expression, present in the title of the concerned normative act, was instituting the feature of unity for the norms which were constituting the juridical frame elaborated for the exercise of the public ownership right.

[3] Published in the Monitorul Oficial al României Part I, nr.448 of November 24-th 1998.

[4] According to the dispositions of the Law nr.71 of June 3-rd 2011 for the applying of the Law nr.287/2009 concerning the Civil Code, published in the Monitorul Oficial al României, Part I, nr. 409 of June 10-th 2011 in its art.89 item 1, the title of the Law nr. 213/1998 has become: “Law concerning the goods under public ownership”.

[5] The Decision of the Government of Romania nr.196 of March 23-rd 2016 concerning the approval of the prior Theses of the Administration Code's draft has been adopted, published in the Monitorul Oficial al României, Part I, nr.237 of March 31-st, 2016.