The Ownership Right of Mineral Resources in Romania

Ownership right is defined, according to the Civil Code, as the right of a person (s.n. natural or legal person) to rejoice and dispose of a thing exclusively and absolutely, but within the limits established by the law. Depending on holder and characteristics, ownership can be private or public. As for the situation of mineral resources, according to the Constitution and the special legislation in the field, an ownership right is instated absolutely in favour of the Romanian State. In this scientific step we propose to analyse the legal and technical landmarks of this absolute ownership right, respectively the transfer method to the private entities performing mining exploitations in Romania. Finally, we will envisage the situation of the ratio between the public respectively private ownership right, while exercising the option of prospection / exploration / exploitation of mining perimeters by the private entities.