Art. 861: Public Property Rights

• According to Art. 861, paragraph 3 of the Civil Code, public property can be administered, used, leased, or granted under concession, as provided by the law.

Leasing of Public Property

• Leasing of public property is not directly regulated by the Civil Code.
• This possibility is acknowledged by Art. 136, paragraph 4 of the Constitution, and the Administrative Code is also relevant (Art. 332 et seq.).

Right of Administration (Art. 867-870 C.civ.)

• It is established through a decision by the Government, the county council, or the local council, as applicable.
• Holders can be autonomous administrations, central or local public administration authorities, or other public institutions of local, county, or national interest.
• They do not have the legal right to dispose of assets entrusted to them.
• It is a real right enforceable against everyone in civil law relations.
• It is inalienable, imprescriptible, and unseizable.
• It cannot be dismembered.
• It cannot be based on public property rights, and even less so on the right of administration itself.
• According to Art. 868, paragraph 2 of the Civil Code, the holder of the right of administration can use and dispose of the given asset under the conditions established by law and, if applicable, by the act of constitution.
• Leasing of assets to central or local state entities is done to achieve various economic goals.

Termination of the Right of Administration

• The right of administration ceases when the public property right over a certain asset ends or through a revocation act issued under the conditions of the law, if the public interest requires it, by the body that established it.
• The right of administration is not perpetual.
• Revocation is ordered by the state body that established it, according to Art. 869 of the Civil Code.
• It is a unilateral administrative act by the competent state authority, and revocation does not require the consent of the holder of the right of administration.

Right of Concession of Public Property

• Art. 871 of the Civil Code states that a concessionaire has the right and obligation to exploit the tendered asset in exchange for a royalty and for a specified duration, compliant with the conditions required by the law and the concession contract terms.
• Art. 303, paragraph 2 of the Administrative Code states the concession contract is a written agreement transferring the right to exploit public property from a public authority to another person for a specified period in return for royalty. The concessionaire acts at their own risk and responsibility.
• According to Art. 306, paragraph 1 of the Administrative Code, the duration of the concession contract cannot exceed 49 years from the date of signing.
• It can be extended with the parties' agreement, concluded in written form, provided that the total duration does not exceed 49 years.
• Sub-concession is prohibited.
• According to Art. 872 of the Civil Code, the holder of the concession right can perform any material or legal acts necessary to ensure the exploitation of the conceded asset.
• Under penalty of absolute nullity, the concessionaire cannot alienate or encumber the asset granted in concession, or the assets intended or resulting from the realization of the concession - according to Art. 872, paragraph (2).