THE RESTITUTION OF LANDS TO SUCCESSORS. ANALYSIS OF LEGAL PRACTICE AND INCIDENTAL LEGAL PROVISIONS
THE RESTITUTION OF LANDS TO SUCCESSORS. ANALYSIS OF LEGAL PRACTICE AND INCIDENTAL LEGAL PROVISIONS
Author(s): Petruţa-Elena IspasSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: abusive takeover; restitution; the situation of the successors of the former owners;
Summary/Abstract: The abusive takeover of real estate during the communist period opened, postcommunism, the possibility for the former owners to request the restitution of these properties which, mainly, had been taken over by the state without a valid title and without meeting the legal conditions in force at the time of the takeover. In this article we will analyze the provisions of some laws that regulated the conditions of restitution and we will also analyze the situation of the successors of the former owners through the lens of the incidental legal provisions and through the lens of the jurisprudential solutions adopted by the national courts and also by the European Court of Human Rights.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: XII/2023
- Issue No: XII
- Page Range: 150-156
- Page Count: 7
- Language: English
