Implementation of the Concept of ‘Public Assets’ in the Latvian Legal System

Abstract

The article analyses the problems of division between public and private legal relationships regarding the use of assets owned by public entities. Although most of the assets owned by public entities are managed within the framework of private legal relationships, some assets which are allocated for public use are treated as ‘public assets’, like rivers, the sea, public parks etc. The legal relationships arising out of the use of those assets are public legal relationships, reviewed by administrative courts in case of a dispute. The concept of ‘public assets’ has been implemented in the Latvian legal system from the German administrative law (Offentliche Sache). However, literal transplantation of the German concept has caused irregularities with the existing practices. Therefore, by case studies it is argued that a narrower approach should be used regarding the concept of public assets.