Eficacitatea dreptului de proprietate periodică a unităţilor administrativ teritoriale
The effectiveness of the periodic property right belonging to administrative territorial units
Author(s): Irina Sferdian, Ana-Maria DobreanuSubject(s): Civil Law, Public Administration, Public Law
Published by: Universul Juridic
Keywords: timeshare; private ownership; administrative territorial unit; legal public person;
Summary/Abstract: The right of periodic ownership is a little debated subject in the Romanian civil law doctrine and the approach to this topic from the perspective of the legal public person represented a real challenge, as it required the analysis of the compatibility of the public law norms that govern the private ownership of administrative territorial units with the rules of private law that regulates periodic ownership. The study begins with an incursion in time and space on the concepts of timeshare and periodic ownership (I), in order to then approach, in a systematic way, to begin with, the acquisition by legal public persons of a periodic property share (II), then the exercise of the periodic property right by the administrative territorial units (III) and, finally, the ways of termination and extinguishment of the periodic property right belonging to the administrative territorial units (IV).Following this extensive analysis, we will determine to what extent the exercise of the right of periodic ownership through concession, lease, administration or free use is effective when its holder is a legal public person and if the sanction of the exclusion of the co owner which seriously disturbs the exercise of the right of periodic property is compatible with the legal regime of private property belonging to administrative territorial units.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2023
- Issue No: 1
- Page Range: 84-104
- Page Count: 21
- Language: Romanian