Este sau nu justificată reglementarea concesionării bunurilor din domeniul privat alături de concesionarea bunurilor din domeniul public?
Is or not justified the regulation of concession of private property next to the concession of public property?

Summary/Abstract: The right to concession may be exercised by taking into consideration the public interest. We therefore believe that accepting the concession of the assets owned by state or territorial administrative units cannot be accepted as it falls outside the fulfillment of this determinant purpose. De lege ferenda, art. 13 para. (1) Law no. 50/1991 should be amended in order to permit the sale or rental - excluding concessions – of land belonging to the private domain of the State or territorial administrative units, which is destined to construction. Taking in view the existing legal framework that allows the rental of private property and the provisions of art. 1783 Civil Code which regulates the maximum duration of the lease to 49 years, we believe that the exercise of a right of tenancy would be the most suitable substitution of the concession and exploitation of this category of goods.

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