Správa veřejného majetku

Vol.4,No.4(1996)

Abstract
Public property and its administration belong to a speculative sphere of the theory and practice covering economics and law as being transformed. Public property is directed related to a material basic for providing public property especially within a public sector and that ts why it deserves certain attention of the law theory.

We may claim that existing legal regulation for making and using public property is, in the present law and order of the Czech Republic, regulated in a way of having considerable reserves and by means of legal rules relating to so called national property before November 1989.

"Public property" itself and the concept of "public property administration" as well lack for a legal definition and general regulation. These concepts are commonly used but the law theory, and especially the theory of administrative law and the theory of civil law, paid greater attention to them in the past than today. Public property administration may be understood as an activity of public sector subjects consisting in the treatment with public property induding registration and control. This activity may be then differentiated according to whether the property administration is understood as internal administration or external administration. There are considerable differences in administering the property either internally or externally and thus they are reflected even in the legal regulation. Public property adminstration may be even considered in respect of possible ownership and stages of treating with the property.

Special attention should be paid to public property administration exercised by public funds, especially by the Fund of National Property, Land Fund and the Fund of Children and Youth.


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616–625
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