Sondaje 6

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OBSERVATII PRIVIND CONTINUTUL SI LIMITELE DREPTULUI DE PROPRIETATE PUBLICA

Autor: Aneta LUCA

Editura:  Cugetarea

Cod ISSN: 1221-4876, pp. 137-148

Abstract:

In the conception of our legislator, the special regime of public property is not equivalent to the annulment of the obligations that the ones who have this right have in the eyes of the law; this happens because of the social function of public property. The public property has all the legal characteristics of classical property but it has same limits that restrict its ability to dispose of the property. This ability is restrained by what is called „usus”, the use of it, and „public interest” – the normal limits of this right - , by some servitudes that are consistent with the two criteria we showed before. It id according to those criteria that the limitation between the public and the private property is made, and also between the task of every participant in the social relations in what concerns the protection of our environment.