CONCESSION, A WAY OF MANAGING PUBLIC DOMAIN
CONCESSION, A WAY OF MANAGING PUBLIC DOMAIN

Summary/Abstract: The concession, viewed in terms of civil law rules, is a real right corresponding to public property, this legal qualification being conferred by the provisions of article 866 of the civil Code. From the point of view of the administrative law, the concession is seen as a way to capitalize on the assets that make up public and private domain. The object of this contract is represented by public or private properties belonging to public or private domain of the state or of administrative-territorial units, these properties following to be registered in the land book before concluding the concession contract of public properties, under the sanction of absolute nullity of the contract, according to the provisions of article 305, paragraph 2 and paragraph 3, of the administrative Code. Three fundamental stages can be distinguished in the development of the concession procedure: - the initial stage, of preparing the documentation necessary to start the tender procedure, characterized by the initiation of the concession proposal and the elaboration of the specifications that include the criteria for awarding the concession contract; - the procedure for conducting the auction, in which the bids of natural or legal persons of private law are submitted and assessed, a stage completed by the statement of the winning bid; - the stage of concluding the concession contract, the regulatory part containing the elements determined in the specifications. Concession of services and works is defined as an agreement by which a public person entrusts the provision of a public service to a private company, which ensures the financing of works, their operation and which is remunerated from royalties collected from statutory undertakers. Concession of mining activities it is a special form of concession, which consists in concluding an agreement called a license, this representing the legal deed by which concession of mining exploration / exploitation activities is granted. The legal nature of concession of forest lands, the public property of the state is that of the species of the service concession contract.

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