11. Dreptul de proprietate publică. Expropriere. Reconstituirea dreptului de proprietate. Condiţia de a fi cetăţean român
11. Public property rights. Expropriation. Reconstitution of ownership. Romanian citizenship

Summary/Abstract: Through the expropriation ordered on the basis of the Law of July 30, 1921 for agrarian reform in Transylvania, Banat, Crişana and Maramureş, the lands entered the public domain of the Romanian State. According to art. 48 Law no. 18/1991 establishing the right to private property under the terms of Law no. 18/1991, by reconstituting the right of ownership or establishing this right, requires priority fulfillment of the condition of being a Romanian citizen, a condition that it is analyzed in relation to the date of formulation of the retrocession request, and not by reference to a later time. At the same time, the quality of the heir of the person entitled to retrocession is analyzed through the lens of the rules of succession law from the date of the opening of the dispossessed owner's inheritance, and not from the date of Law no. 18/1991. Therefore, it is imperative to respect the rules of common law regarding the proximity of the degree of kinship and the classes of heirs, so that for the case where the reconstitution of the ownership right is requested by retransmission, it is necessary to prove that the direct author of the one who formulates the request for retrocession accepted the succession of the dispossessed owner.

• Details
• Contents