Controversă privitoare la nulitatea absolută a actelor juridice prin care asociațiile de proprietari dobândesc terenuri destinate a fi folosite ca parcări sau drumuri de acces
Controversy regarding the absolute nullity of the legal documents by which the owners’ associations acquire land intended to be used as parking lots or access roads

Summary/Abstract: In this study, the author proves that the owners’ association does not have the legal capacity to acquire land intended to be used by the association members as parking lots or for ensuring access to the building where the individual dwellings of the members are situated. In this respect, it is claimed that the legal documents for the acquisition of such land by the association are subject to absolute nullity, since they infringe the principle of specialty of the legal entity’s usage capacity, established by art. 34, parag. 1 of Decree no. 31/1954 regarding individuals and legal entities. Consequently, it is concluded that the use of land having the above-mentioned destinations may be acquired by the owners in a condominium only by legal documents concluded in their own names.

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