Unele probleme privitoare la dobandirea cu buna credinta a imobilelor supuse restituirii conform legilor fondului funciar
Some matters regarding the good faith acquisition of real estate subject to restoration according to the land fund laws

Summary/Abstract: According to art. III, paragraph 24 of Law no. 169/1997, in case of successive transfers of land (subject to restoration to the former owners or to their inheritors), the person having sold the land based on a title established to be null is required to provide the updated price to the former owner left without land. On the other hand, according to art. 31 of Law no. 7/1996, the content of the land book, except for the legal limitations and exceptions, is considered accurate only for the benefit of the person in question who, based on a legal document for valuable consideration, acquired in good faith a real right entered in the land book The literary, logical and systematic analysis and interpretation of the two texts reveal, in essence, the following: 1) In the case provided under art. III, paragraph 24 of Law no. 167/1997, the lawmaker established a veritable exception from the nemo plus iuris ad alium transferre potest quam ipse habet principle in favor of the good faith and for valuable consideration third party subsequent owner of an ownership right or of another real right over a transferred agricultural or forest land, based on a title established to be null, according to the land and civil legislation at the date of its issuance; 2) Art. III, paragraph 24 of Law no. 167/1997 does not exclude the application of the principle of land book material publicity for the benefit of the good faith and for valuable consideration third party subsequent owner but the two texts do not overlap, but complement each other, namely art. III, paragraph 24 of Law no. 167/ 1997 can be invoked against the real owner not entered into the land book, while the principle of the land book material publicity can be invoked only against the tabular predecessor (and its successors in rights) entered into the land book. 3) The good faith of the third party subsequent owner is presumed in all cases, but it is established differently, according to the application of art. III, paragraph 24 of Law no. 167/1997 or, as the case may be, the impact of the material publicity principle.

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