3. Obligaţia de restituire a valorii de piaţă sau a preţului actualizat în temeiul art. 50 şi art. 501 din Legea nr. 10/2001. Debitorul obligaţiei de restituire – Ministerul Finanţelor Publice
3. The obligation to return the market value or the price updated according to art. 50 and art. 501 of Law no. 10/2001. Debtor of the return obligation – Ministry of Public Finance

Summary/Abstract: The special legal provision (art. 50 and art. 501 of Law no. 10/2001, republished) has instituted the eviction obligation of the government, through the Ministry of Public Finance, towards tenants who purchase the properties they lived in, whose ownership titles have been „cancelled” through final court orders, by way of derogation from the common law provisions in the Civil Code regulating eviction. The term „cancellation” has a wide and non-specific meaning, concerning both the acknowledgement of the full nullity of sale and purchase agreements concluded pursuant to Law no. 112/1995, and the hypothesis of the voiding thereof pursuant to the admission of the actions for the recovery of property through the comparison of titles, lodged by former owners dispossessed by the communist regime. Starting from the debtor of this obligation to return the price, stipulated in a special provision, different from the seller under the agreements, represented in all cases by the structures of the local public administration acting either directly, or through housing management companies, as well as from the content of the regulation ensuring a minimum level of compensation in all cases, the appreciation that the legislator has instituted a special case of liability towards the parties whom these regulations address for the government, through the Ministry of Public Finance, is fully justified. The return of the price paid cannot be seen only as the consequence of the effect of the sanction of absolute nullity of the sale and purchase agreement, consisting of restoring the parties to their previous conditions, considering that the tenants whose agreements have been voided through the admission of the former owner’s actions for recovery of property are entitled to the same compensation.

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