18. Claim for recovery. Assets acquired under Law no. 15/1990 on the reorganisation of state economic units as autonomous regia and commercial companies Cover Image
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18. Acţiune în revendicare. Bunuri dobândite în proprietate în baza Legii nr. 15/1990 privind reorganizarea unităţilor economice de stat ca regii autonome şi societăţi comerciale
18. Claim for recovery. Assets acquired under Law no. 15/1990 on the reorganisation of state economic units as autonomous regia and commercial companies

Author(s): Andra Andrei
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: operative administration; socialist state economic units; property right; commercial companies; nationalization;

Summary/Abstract: The right of operative administration that the former socialist state economic units had over the goods that were distributed to them from the unitary fund of the state socialist property was converted into a property right by the effect of the provisions of art. 20 of Law no. 15/07/08/1990. Starting from the moment of the transformation of each of the former state economic units into commercial companies, the right of administration over the assets in their patrimony ceased and at the same time the right of private ownership of the respective commercial company was born ex lege. What the commercial companies established pursuant to Law no. 15/1990 is not the right of administration of the former socialist state economic enterprises, but it was converted, by the effect of the law, into the right of ownership over the goods in their patrimony. The act of nationalization must be understood as an original way of acquiring property, which means that the transfer to the state of the right of ownership of the buildings subject to this measure is not conditioned by the performance of a corresponding tabulation, which has exclusively an advertising function that benefits interested third parties.

  • Issue Year: 2024
  • Issue No: 03
  • Page Range: 202-212
  • Page Count: 11
  • Language: Romanian
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