PROCEDURES FOR THE PROCUREMENT OF PUBLIC PROPERTY RIGHTS. THE LEGAL NATURE OF PUBLIC WORKS CONTRACTS
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 13...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2018-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_016.pdf |
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| Summary: | 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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| ISSN: | 2068-7796 2068-7796 |