A területi-közigazgatási egységek köz- és magánvagyonának az ügykezelése
The Management of Public and Private Assets within Regional Administrative Units

Summary/Abstract: The paper examines the management of public and private assets within regional administrative units both theoretically, listing the relevant legal regulations, and practically, by describing a specific administrative procedure. The article highlights that while the Constitution and Civil Code of Romania only mention the management of public assets within regional administrative units, the Administrative Code also provides regulations for the management of private assets within these units. As a result, before the publication of the Administrative Code, it was suggested in the literature that the right of management, which is an exclusive real right derived solely from public ownership, should be reinterpreted to also apply to private property, but only in cases where the right of private ownership is considered as part of public law, exclusively belonging to the state or a regional administrative unit. Furthermore, the paper also discusses the question of whether, although the administrative document ordering the management is a unilateral administrative act, the management itself requires the signing of a contract between the owner and the manager. This question is answered by an administrative lawsuit, which the author describes in detail.

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