Acta Universitatis Danubius. Juridica, Vol 10, No 2 (2014)

Abstract

The exercise of ownership of (private) property is not absolute, it may be subject to some restrictions, limitations. These limitations may be determined by the public interest and they may even lead to the loss of property through expropriation for public utility. The legal institution is being analyzed both by experts in civil law and by the administrative experts, and the expropriation for public utility, a measure having the exception feature granted by the Constitution and the Civil Code, is widely debated in the recent years, given the need to achieve some works that serve to the public utility. In this study we propose, based on the law, doctrine and jurisprudence, to deepen the legal regime of expropriation for the public utility. We specify that we consider only the legislative act that establishes the general legal framework of expropriation, which is Law no. 33 of 1994