13. Efecte ale dispoziţiei de respingere a notificării formulate în baza Legii nr. 10/2001. Neînscrierea decretului de expropriere anterior anului 1989 în cartea funciară. Acte juridice de înstrăinare subsecvente
13. Effects of the decision rejecting the notification made under Law no. 10/2001. Failure to enter the expropriation decree prior to 1989 in the land register. Subsequent legal acts of alienation
Author(s): Andra AndreiSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: expropriation decree; land register; real rights; Law no. 10/2001; property rights;
Summary/Abstract: The ruling of the court is erroneous in the sense that an expropriation decree prior to 1989 does not produce its effects if it is not entered in the land register, because according to the legislation in force at the time the property was taken over by the state, real rights were validly acquired even without registration in the land register due to death, accession, forced sale and expropriation. A provision rejecting the notification formulated on the basis of Law no. 10/2001, regardless of the reasons that led to its adoption, cannot have the effect of recognizing the property rights of the notifiers over the disputed asset, this effect being recognized by law only in the provisions/decisions of restitution in kind.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2024
- Issue No: 03
- Page Range: 148-162
- Page Count: 15
- Language: Romanian
- Content File-PDF
