15. Dreptul legal de preempţiune prevăzut de art. 17 al Legii nr. 10/2001
15. The legal right of pre-emption provided by Article 17 of Law no. 10/2001

Summary/Abstract: The Right of First Refusal represents a limitation on the exercise of the right of ownership, even if it manifests differently from other legally or conventionally instituted limitations. From this perspective, we observe that by establishing a right of first refusal, whether legal or conventional, the right of disposition, an attribute of the right of ownership, is partially limited, as the owner does not have full freedom to choose the contracting party when the nature of the concluded agreement is a sale. Of course, this consequence is significantly diminished in its effects when we analyze the conventional right of first refusal, but it is much more pronounced when the law itself imposes adherence to it concerning certain legal subjects. One of the legal limitations that institute a right of first refusal is represented by the provisions of Article 17 of Law no. 10/2001, whereby the owner who has regained ownership through restitution does not have the possibility of alienating it except by following the procedure regulated by this legal text when the property is leased to certain expressly determined institutions listed in the annexes of the previously cited regulation. Specifically, through a lacunar provision, yet of an imperative nature, the regulation imposes on the owner the obligation to offer the possibility of purchase to the leasing institution prior to selling to a third party. The legal text is, however, brief and, through insufficient detailing of the application method, can create drawbacks in the sense of its abusive use by a preemptor who does not intend to acquire the right of ownership for themselves but exclusively aims to annul a sale contract concluded without their prior notification. Special legal provisions must necessarily be corroborated with civil procedural regulations governing the conditions for exercising the material right of action. More precisely, the annulment of a sale purchase contract, ad nutum, without a very careful analysis of the plaintiff's interest, is difficult to accept.

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