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

Summary/Abstract: The attestation certificate of the private property right represents an act through which certain companies justify the existence of the property right regarding certain land surface. The nullity (illegality) of an attestation certificate of the private property right can lead a company into the impossibility of proving the property right over a land, being able to generate a series of negative legal consequences (eg: loss of a process, the cesation of some pre – contractual negotiations, blocking a trasanction etc.). The present material presents, briefly: (i) the validity conditions regarding the issue of the certificates and their content form the court perspective – continuation, (ii) the legal remedies through which the validity of a certificate can be challenged (annulement action, illegality exception), (iii) the terms within which the legal remedies can be exercised. In the first part of the present material were dealt the below: (i) the legal framework applicable to certificates, (ii) the opinions expressed by the Constitutional Court of Romania, regarding the legal framework which substantiates the certificate issuance, (iii) the opinions expressed by the High Court of Cassation and Justice regarding the legal framework related to the certificates issuance, (iv) the validity conditions regarding the issuance of the certificates and their content from the court’s perspective – Part I.

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