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Gratuitous right of use, regulated by the new Civil Code

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  • Raluca Dimitriu

    () (Law Department of the Bucharest Academy of Economic Studies)

Abstract

The gratuitous right of use is regulated by the new Civil Code as one of the rights corresponding to the public property. The paper aims to analyse this right in the context of the current legislation, in view of the beneficiaries, the content and the juridical characteristics, as well as the legal limits of the gratuitous right of use. There are identified the categories of legal persons who can exercise the gratuitous right of use and the conditions which should be fulfilled in order to exercise it. The rules of the new Civil Code are written in relation with special legislation in force, as well as from a historical perspective. Finally, there are analysed the aspects regarding the way in which this right should be exercised and protected. The right of gratuitous use, located at the intersection between civil law and administrative law, raises interesting practical problems, and also problems related to the interpretation of legal rules, which the present study is aiming to put into light.

Suggested Citation

  • Raluca Dimitriu, 2013. "Gratuitous right of use, regulated by the new Civil Code," Juridical Tribune (Tribuna Juridica), Bucharest Academy of Economic Studies, Law Department, vol. 3(1), pages 58-67, June.
  • Handle: RePEc:asr:journl:v:3:y:2013:i:1:p:58-67
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    More about this item

    Keywords

    Right of use; public institutions; new Romanian Civil Cod; public property.;

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law

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