Тенденции при разпореждането и управлението с държавна и общинска собственост
Trends in the Disposal and Management of State and Municipal Property

Review of Legislation

Author(s): Lyuba Panayotova-Chalakova
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: public property; private property; Roman law; public law; private law; historical changes; expropriation
Summary/Abstract: Actions of disposal and those of management of state and municipal property give a more complete picture of the division of property into public and private. It also outlines possible perspectives for future legislation taking into account past experience. A characteristic feature of public state or municipal property law is, above all, the disposal regime, which distinguishes it from private state or municipal property. The mode of management of public property is also important in comparison with private state and municipal property. In spite of the preserved principled positions in the regulation of disposal and management actions in Bulgarian legislation after the period of return to the division of ownership into public and private, some interesting trends can be observed. One of them is the increasingly obvious inclusion of public property in the economic turnover and, accordingly, ‘blurring the boundaries between public and private’ through amendments to the laws. These processes are based on economic, political and social reasons. Future legislation must follow the line of seeking a balance between public and private, between what should be preserved as public domain and the need for private ownership for the state and municipalities. This is also the recommendation to the legislator in this matter.

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