Domeniul Public – o masă patrimonială de afectațiune specială
The Public Domain theory from the perspective of a patrimonial mass
Author(s): Mădălina VoicanSubject(s): Constitutional Law, Civil Law, Public Law, Administrative Law
Published by: Universul Juridic
Keywords: public domain; private domain; patrimony; patrimonial mass of professional affectation; inalienable; imprescriptible and inalienable public goods; limitation of creditors' rights;
Summary/Abstract: The work examines the Public Domain theory from the perspective of a patrimonial mass of special affectation. The red line of the study is to lead to the idea that the patrimonial mass is a legal technique that restricts the right of creditors to foreclose on debtors' assets, which are to be used to cover a debt. The presentation strategy ensures a friendly transition from an intuitive example that illustrates the professional affectation patrimonial mass of an entrepreneur dentist. Then we discuss the intrapatrimonial division in the case of public persons, such as the state and administrative-territorial units. Further the study concludes that legal operation of intrapatrimonial division results in the creation of two patrimonial masses with different legal regimes: (1) the Public Domain and (2) the Private Domain of the State and U.A.T. And also The legal regime of the public domain is a special application of the legal tactic to safeguard public assets and limit creditors' power to foreclose on public properties.
Journal: Revista de Drept Public
- Issue Year: 2023
- Issue No: 01
- Page Range: 42-53
- Page Count: 12
- Language: Romanian
- Content File-PDF