EIRP Proceedings, Vol 13 (2018)

Abstract

The implementation of Law no. 287/2009 on the Civil Code (through Law No. 71/2011) imposed anew scope of the matter, as by this normative act an important part of the Law no. 213/1998, which until thatdate was considered to be the main regulation, derogating from the common law, intended for the legalregime applicable to public property. In this respect, it was questioned the reasons of regulating publicproperty by the New Civil Code, which, in Art. 2 par. (1) establishes the subject matter of this normative act:“The provisions of this Code regulate the patrimonial and non-patrimonial relations between persons assubjects of civil law”. The controversies in the doctrine, as well as the “parallelisms, the inconsistencies andthe contradictions between the different normative acts in the field of property” have led to the inclusion inthe Government Decision no. 196/2016 for the approval of the preliminary theses of the draft ofAdministrative Code an chapter on the exercise of the public and private property right of the State and of theadministrative-territorial units.