Part IV

Alexandru-Sorin CIOBANU, Assistant Professor, The right to free use public assets
This paper analyses the legal basis of the right to free use public assets, currently regulated by the Romanian Constitution, in article 136 paragraph 4 final thesis, Law no. 213/1998 concerning the legal regime of public property, and Law no. 215/2001 on local public administration.

The analysis is structured in seven sections – the last one presenting author’s conclusions – which bring into discussion the constitutional and legal basis of this right, its specific features and object, the methods of constitution and cessation, its ascribing procedure. Conflicting opinions expressed in private law and adminis¬trative law, respectively, with regard to the legal action ascribing the right to free use and the conferring prerogatives are given a fair presentation. Following one or another thesis, this legal action is either a unilateral administrative action or one derived from an administrative contract with specific clauses governed by Law no. 554/2004 on Administrative Review.

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