Termene de decădere în materia exproprierii
Time limits of forfeiture in the matter of expropriation
Author(s): Flavius Antoniu Baias, Silviu MunteanuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: expropriation for public utility purposes; right to private property; procedural time limits; forfeiture; extinctive limitation; potestative right; right of reversion; right of pre- emption;
Summary/Abstract: This study aims to analyse the legal regime governing the time limits established in matters of expropriation for public utility purposes, with particular emphasis on the distinction between limitation periods and forfeiture (time bar) periods in relation to the procedure laid down by Law no. 33/1994, regarded as the general law procedure, and that regulated by Law no. 255/2010, applicable where the implementation of projects of national, county or local interest is required. We will highlight that, precisely due to its exceptional nature and the severe interference it entails with fundamental rights, the expropriation procedure is governed by constitutional requirements and by a set of procedural safeguards, among which time limits occupy a central place, by examining the various functions they fulfil as well as the arguments concerning their legal classification.
Journal: Revista Română de Drept Privat
- Issue Year: 2025
- Issue No: 04
- Page Range: 173-192
- Page Count: 20
- Language: Romanian
- Content File-PDF
