Regimul juridic al unor bunuri aparţinând regiilor autonome şi societăţilor comerciale cu capital de stat, în contextul legislativ actual
The Legal Regime of Property Belonging to State and State-Owned Companies in the Context of Current Legislative

Summary/Abstract: The implementation of the social and economic reforms after the 1989 change of the political system imposed the transformation of the socialist state property into private property marked by the opening towards the market economy and the reopening of the civil circuit. Within this context the main act that marked thebeginning of the economic reform in Romania was Law no. 15/1990 regarding the reorganization of the former state economic units into state-owned companies and trading companies; this act was considered as having a major importance by which the state property on immovable and movable assets was transferred into the property of state-owned companies (no shares and under the direct subordination of the government) and state capital companies as a first step in the economy denationalisation process through the reorganization of the legal entities which they exercised on the basis of the so-called right of direct operative administration. The Romanian state, former owner- on behalf of all people- on the basis of 1965 Constitution waived its right as sole and absolute owner by transferring this right to legal persons resulting from the organization of the former enterprises and socialist state-owned commercial units. As regards the turn of the national economic system to the free market economy, with its own functioning and rules, Law no.15/1990 has to be considered within the evolution trend, at least for the initial period of transition in the application interference exercised by Law no.31/1990 regarding companies and that of Law no.58/1991. This law, as also ruled by the Constitutional Court1, is actually part of the norms by which the preconstitutional lawmaker established the basis of an economic system which is compatible with the rules of market economy, a system based on private property that is essentially opposed to the centralized economic system based on state ownership. This study starts from perspective of the stipulations of art. 20 paragraph 2 of Law no. 15/1990 according to which “the goods of one company represent its property except those that have been acquired with another title.” A similar stipulation was given by art. 5 of Law no. 15/1990 regarding the state-owned companies that resulted after the reorganization of the former state economic units; according to this, “the state-owned company is the owner of the goods which belong to its patrimony”. Considering the rules of art. 5 and of art. 20 paragraph 2 of Law no. 15/1990 the legal status of the goods of the former state economic units becomes an issue for debates as well as the extent to which these goods enter the patrimony of the newly established stateowned companies and the position of the state in relation to the resulting state-owned companies.

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