CONSIDERATIONS ON DE FACTO EXPROPRIATION AND INDIRECT EXPROPRIATION IN ROMANIAN LAW
CONSIDERATIONS ON DE FACTO EXPROPRIATION AND INDIRECT EXPROPRIATION IN ROMANIAN LAW

Summary/Abstract: The concept of de facto expropriation does not exist in the Romanian law. The cases that can be classified as a form of de facto expropriation are ignored by the Romanian law and by the courts in their practice. A creation of the European Court of Human Rights, de facto expropriation designates the situation where a person, being the owner of a good in legal terms, loses all the attributes of property to the State, without such deprivation of property attributes being the object of a legal act, and actually being a form of deprivation of property, to which the text of Article 1 of Protocol No. 1 to the Convention refers. In our legal system, the theory of indirect expropriation can find a threefold application: in the matter of permanent damages; in the matter of incorporations made by public works; in the incorporations made by special laws.

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