PRACTICĂ JUDICIARĂ NEUNITARĂ ÎN MATERIA DESFIINŢĂRII CONSTRUCŢIILOR
UNEVEN JUDICIAL PRACTICE IN THE FIELD OF BUILDING DISMANTLING

Summary/Abstract: This study assesses the evolution of relevant case-law in matters of demolishing constructions, by presenting a variety of practical solutions, some of which being problematic. It follows from the analysis of such case-law that even the correct solutions may be heterogeneous as well, this resulting either from the manner in which the formal request is drawn up by the plaintiff, or from the desire to comply with the imperative to compensate for loss without significant prejudice to the ownership right, hence the numerous rulings that envisage compliance with the law through a partial demolition of the construction.

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