DBPapers
DOI: 10.5593/SGEM2014/B22/S9.065

THE INSTITUTION OF PROPERTY IN THE NEW ROMANIAN CIVIL CODE

M.Tudorascu, I. Ienciu, L.Oprea
Wednesday 1 October 2014 by Libadmin2014

References: 14th International Multidisciplinary Scientific GeoConference SGEM 2014, www.sgem.org, SGEM2014 Conference Proceedings, ISBN 978-619-7105-11-7 / ISSN 1314-2704, June 19-25, 2014, Book 2, Vol. 2, 521-528 pp

ABSTRACT
The property is the absolute, exclusive and perpetual right of its owner, perhaps one of the most important guaranteed rights, of which a person can enjoy, an individual (physical person) or a juridical person. Taking into account the recent change in Romanian civil legislation, we consider the present scientific material very useful, for an overview of this institution under the auspices of the New Civil Code [1]. By article 552 NCC [2]: "Property is public or private". With reference to the Romanian Constitution, art. 136 provides: "(1) Property is public or private. (2) Public property is guaranteed and protected by the law and belongs to the State or Administrative Units. (3) Riches of public interest, the air, the waters with hydropower national interest, beaches, territorial waters, natural resources of the economic zone and of the continental shelf, and other assets established by organic law, shall be exclusively, public property. (4) Public property is inalienable. (5) In accordance with the law, they can be managed by the autonomous administrations or public institutions or may be leased or rented; also, they can be given for free use to public institutions”. In article 44 of the Romanian Constitution we find: "(1) The property right and claims against the State are guaranteed ... (2) Private property is guaranteed and protected equally by the law, regardless of the ownership ...". The national legal provisions set clear therefore, that the property is divided into two institutions, the public property and the private property. Property classification is very important in this form, for us to understand the legal nature and the applicable regime for each type of property. We believe that any approach of the property right is insufficient, because of the scale and the importance of this juridical institution. Moreover, the property right, either private or public, it has an elite regulation in most European laws, but also in universal laws, the respect for it and the guarantee of this right also can be found in the fundamental human rights, in the international treaties, and in the Constitutions of different nations. We will try therefore, a brief overview of the new Romanian legislation in the mentioned field, which is already harmonized with European legislation, the result being the New Romanian Civil Code. We believe that the interpretation should be considerably more extensive, but pragmatically, we will try to capture the main theoretical and practical features, to denote the importance of this institution.

Keywords: property, rights, public, private, owner, land, cadastre 521