PROCEDURES FOR THE PROCUREMENT OF PUBLIC PROPERTY RIGHTS. THE LEGAL NATURE OF PUBLIC WORKS CONTRACTS
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
Public property belongs to the state or to an administrative-territorial unit and is made up of goods for public use or public interest declared as such either by their nature or by law. The goods constituting the public domain are defined on the one hand by the Constitution of Romania (Article 136, paragraph 3), on the other hand, by the Annex to Law 213 of November 17, 1998 on public property and its legal status, and last but not least by the Civil Code (Article 554). Procurement of the right to public property is performed in several ways provided by law, as we shall see below, and we shall pay particular attention to the public procurement contract. From the analysis of the procurement methods of the right of public ownership, we find that the legislation is not harmonized and does not clarify all the aspects related to the legal status applicable to the public domain, thus reaching complicated and controversial situations.
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