Parts III - IV

Simona GHERGHINA, Lecturer, Faculty of Law, University of Bucharest, The consequences of the Interdiction to Sale and of Negative Pledge in Article 872 of the New Civil Code on the Financing of Public Investments
The interdiction to sale and the negative pledge provided by article 872 parag. (1) of the new Civil code should be interpreted such as to allow for the functioning of guarantee mechanisms attached to private financing of public investments, thus leading to an application of the legal text that is able to merely serve the protection of the public interest and not impede on public investments. The analysis of relations between article 872 parag. (1) of the new Civil code and other relevant legal texts as well as the identification of its interpretation shall be able to contribute to the delimitation of a just and efficient domain of application for the interdictions it imposes

Key-words: concession, public-private partnership, public investments, public property, project finance, guarantees

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