EIRP Proceedings, Vol 4 (2009)
Juridical Regime of the Public Domain
Abstract
The goods that form the administrative domain are classified in two categories: some to which the private law rules can be applied, some others meant for public use, unliable of individual approach, forming the public domain. The term of juridical regime of the public domain has in view the assembly of
rules that can be applied to the goods belonging to the public domain as well as the juridical relations born between the owners of these goods and third persons. The public property goods are subjected exclusively to a juridical regime by public law, while the private property goods belonging to the public domain are
governed simultaneously by two types of juridical regimes and more exactly by a mixed juridical regime by common right and by power. The principles that can be applied to the public domain goods are: the inalienability, the imprescriptibility and the imperceptibility.
rules that can be applied to the goods belonging to the public domain as well as the juridical relations born between the owners of these goods and third persons. The public property goods are subjected exclusively to a juridical regime by public law, while the private property goods belonging to the public domain are
governed simultaneously by two types of juridical regimes and more exactly by a mixed juridical regime by common right and by power. The principles that can be applied to the public domain goods are: the inalienability, the imprescriptibility and the imperceptibility.
References
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