4. Natura juridică a termenului de formulare a notificării prevăzute de art. 22 alin. (1) din Legea nr. 10/2001
4. The legal nature of the time limit for making the notification provided for in Article 22 para. (1) of Law No 10/2001

Summary/Abstract: The deadline provided for by Art. 22 para. (1) of Law no. 10/2001 for the submission of the notification is one of lapse, against which the institution of the deadline for the deadline to be reinstated does not operate, this qualification being unequivocally apparent from the mandatory provisions of para. (5) of the same article. In order to avoid the perpetuation of a state of uncertainty regarding the legal status of the immovable properties provided for by Law no. 10/2001, the legislator established a 6 month deadline from the entry into force of the special law, within which the notification had to be sent (deadline extended twice by GEO no. 109/2001 and by GEO no. 145/2001), which expired on February 14, 2002. The penalty for failing to meet the deadline is the forfeiture of the right to apply to the courts for compensation in kind or in the equivalent. The phrase „forfeiture of right” in para. (5) of Article 22 of Law no. 10/2001 is instructive with regard to the qualification of the term provided for the filing of the notification as a time limit for forfeiture, so that the person who wishes to make use of the procedure of Law no. 10/2001 is required to fulfill the sine qua non condition that he must first initiate the non litigious procedure by means of the notification filed within the time limit provided by law. The formulation of the notification within the deadline provided for by Law no. 10/2001 is not a procedural act for the exercise of an appeal in the express and imperative sense provided for by the provisions of the Code of Civil Procedure of 1865 Art. 103 para. (1) Civil Procedure Code.

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