Descriere
This paper examines the right of use in the electro-energetic field as an autonomous legal institution, progressively shaped through a succession of legislative acts, from implicit regulations during the centrally planned economy to its explicit recognition in contemporary legislation. It highlights its nature as a sui generis real right, arising ope legis, justified by considerations of public utility, and distinct from the right of use governed by the Civil Code. The study traces the evolution of its legal regime, including the distinction between the gratuitous and onerous exercise of the right, depending on the law applicable at the time the energy infrastructure was established. It further analyzes the content and modalities of exercising this right, as well as the fundamental distinction between indemnity and compensation. Finally, the paper highlights the main lines of case law and sets out the rules governing the termination of the right, in accordance with its intuitu personae nature and its functional purpose.
