THE CONCEPT OF PUBLIC PROPERTY
THE CONCEPT OF PUBLIC PROPERTY

Summary/Abstract: The Civil Code stipulates the existence of public and private property. As a result, unlike private propertyas a way of the holder to possess, use and dispose of a good exclusively, absolutely1 (Hamangiu C.,Rosetti-Bălănescu I., Băicoianu A., 2002, pp.3) and perpetually, public ownership will belong to the stateor administrative territorial units. Public property shall be exercised on certain goods which by theirnature or by law are available for use in the public interest. the incompatibility between the private orpublic nature of the right will be ascertained either by agreement between the holders of the right, orthrough the intervention of the State by a Court ruling on the basis of public interest or use of the goodsin question. As a rule the differentiation is easily accomplished since goods in the public domain belongto the State or administrative territorial units like the county, city, town, and village.

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