19. Cerere de reconstituire a dreptului de proprietate asupra unui teren cu destinaţia de cimitir. Apartenenţa la domeniul public al unităţii administrativ-teritoriale. Netemeinicie
19. Application for reconstitution of the right of ownership of a plot of land intended as cemetery. Belonging to the public domain of the administrative-territorial unit. Lack of grounds

Summary/Abstract: Public property assets are subject exclusively to a public law regime, in accordance with Article 861 of the Civil Code, being inalienable, imprescriptible and non seizable. Therefore, ownership is not extinguished by non use and cannot be acquired by usucaption. The argument that a person's ownership of land could be reconstituted simply because it is in his possession and that no title deeds have been issued in the meantime to other persons cannot be accepted, having regard to the legal provisions governing public property. Apart from the enumeration drawn up by the legislator, other property which, according to the law or by their nature, are of public use or public interest and are acquired by the State or by the administrative territorial units in the ways provided by law, may also be part of the public domain of the State/ administrative territorial units. Cemeteries are part of the local public domain of communes, towns and municipalities, so they cannot be the subject of reconstitution of property rights under the land laws.

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