Viziune notarială asupra impactului legiferării proprietății private a statului și a unităților administrativ-teritoriale prin Codul administrativ
Notarial view on the impact of the legislation on private property of the state and administrative-territorial units through the Administrative Code

Summary/Abstract: The institution of private property of the state and administrative-territorial units received a new look through the provisions of the Administrative Code. In part A), dedicated to the initial regulations from the analyzed normative act, we will address aspects concerning the private property of the state or the administrative-territorial units, such as: the legal regime of private property (§A.1.5), shortcomings of the inventory procedure for goods, both from the public and the private domain (§A.1.6), the transfer of goods into the private domain (A.2), the sale of goods from the private domain (A.3). Another section is dedicated to the difficulties of classifying goods in the public or private domain (§A.1.4), while the condition of acquiring goods from the private domain of the state or administrative-territorial units „through one of the ways provided by law” (§A.1.1) was analyzed from the perspective of a public notary called to authenticate a sales contract with real estate from the private domain of the state or the administrative-territorial units. Following the analysis of the applicable legal framework, I opined in the sense that the sale of goods from the private domain of the state or administrative-territorial units represents a distinct way for exercising the right of private property (§A.3.1), even if the legislator did not include it as such in the content of art. 362 C. adm. Special attention was paid to the provisions regarding the sale of goods from the private domain with the application of the rules from the renting and concession of public property goods (§A.3.2), as follows from the reference made in art. 363 par. (1) C. adm. to a series of articles concerning the two types of contracts, the material aiming to illustrate to what extent such a regulation is sufficient. The second part of the material (Part B) represents a brief review of the legislative changes made in the Administrative Code in relation to the chosen topic, dealing with issues regarding: changes to some articles (B.1), the introduction of new legal provisions (B.2) and derogations from the applicable general framework (B.3). Several parts of the material deal with the area of interference between administrative law and civil law (§A.1.2, §A.1.5 and the conclusions section), starting from two articles of the Administrative Code: art. 1 par. (2) and art. 355.

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