Legal Regime of the Public Property in Romania

ABSTRACT: In Romania, the subsoil richness’s, the communication ways, air space, waters with energetic potential which could be exploited and those which can be used for public interests, beaches, territorial sea, natural resources of the economic area and of the continental plateau, represent an exclusive object of public property. Also, according to the constitutional provisions, as well as those of the Civil Code, other goods forming the exclusive object of public property may be established by law. The other goods belonging to the state or to the administrative-territorial units are, as applicable, part of the public or private domain thereof, but only if acquired by one of the means stipulated under the laws in force. Romanian laws do not offer an exhaustive enumeration of the assets forming the object of the right of public property, but only specify certain goods of public use of interest, forming the public domain. As one could notice from our study, the affiliation of a good, property of the state or of the territorial-administrative units, to the public domain may be deduced by using two criteria: express indication of the lawmaker and the nature of the good, meaning that this is of public use (the good is affected to the direct public use) or of public interests (the good is affected to a public service). KEYWORDS: property, public property, right of public property, unalienable, indefeasible, indistinguishable, expropriation, public domain, public unit, administration, concessio