Part I

This study is a continuation of the analysis begun in the previous issue of the journal, as part of the same effort to define the legal nature of concessions as regulated by Romanian law in comparison with other legal systems in Europe and beyond. The characteristics of the right of concession and those of the concession contract have long been a subject of debate in both civil and administrative law. Of course, it is important to define the boundaries between the public and private spheres, as well as to answer the question of whether it is indeed still necessary to distinguish between the two spheres. The study also seeks to offer the reader an answer by presenting the origins of these institutions and the rationale behind their emergence. Given the need for a comprehensive analysis, the study is divided into two parts: the first part focuses on the institution of the concession, and the second part explores the complementary concepts of public and private property.

Keywords: concession contract, public property, public domain, private domain, legal nature of the right of concession