Parts III–IV

Simona GHERGHINA, Assistant Professor, Ph.D., Faculty of Law, University of Bucharest, The Consequences of the Prohibitions on Alienation and Encumbrance Under Article 872 of the New Civil Code on the Financing of Public Investments

The prohibitions on alienation and encumbrance established by Article 872(1) of the new Civil Code must be interpreted in a manner that allows the mechanisms guaranteeing private financing of public investments to function, so that the application of the legal text serves as a means of protecting the public interest rather than an impediment to the realization of public investments. An analysis of the relationship between Article 872(1) of the new Civil Code and other relevant legal provisions, along with the determination of the parameters for its interpretation, will help define a fair and effective scope for the application of the prohibitions it establishes.

Keywords: concession, public-private partnership, public investments, public property, project financing, guarantees