H.G. NR. 834/1991. LEGALITATEA (NELEGALITATEA) CERTIFICATULUI DE ATESTARE A DREPTULUI DE PROPRIETATE PRIVATĂ ASUPRA TERENURILOR (PARTEA I)
H.G. NO. 834/1991. LEGALITY (ILLEGALITY) OF A PRIVATE PROPERTY RIGHT ATTESTATION CERTIFICATE (PART I)

Summary/Abstract: The private property right attestation certificate is an act by which certain companies justify the existence of ownership right over certain land areas. The nullity (illegality ) of a private property right attestation certificate may lead a company to the impossibility of proving the ownership of a land, thus being able to generate a series of negative legal consequences (eg loss of a lawsuit, termination of pre-contractual negotiations, blocking a transaction etc). This material briefly presents: (i) the legal framework applicable to certificates, (ii) the opinions expressed by the Romanian Constitutional Court on the legal framework underlying the issuance of certificates, (iii) the opinions expressed by the High Court of Cassation and Justice on the related legal framework (iv) the conditions of validity of the issue of certificates and their content from the perspective of the courts ‒ Part I.

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