Restitution of Agricultural Immovable Property under Law No 18/1991 and Subsequent Instruments
Restitution of Agricultural Immovable Property under Law No 18/1991 and Subsequent Instruments

Summary/Abstract: In this study, we examine the legislative background and the process of post-communist restitution of agricultural immovable property in Romania. We present the historic context of land reform, the legal and political considerations at play when the legislator enacted restitution as well as the effects of these factors on the long-term process of restitution, and the exercise of immovable property rights. We outline the major issues of restitution, including from the perspective of immovable property registration, the various measures used to seize property (such as nationalization and collectivization), and the legislator’s choice to accomplish restitution via an administrative procedure by restitution commissions instead of trusting this delicate process to the judiciary. We conclude that due to the half-hearted commitment of the legislator to property restitution this measure, similarly to historic land reforms, was destined to fail, while the repercussions of its failure in economic, legal, and political terms are diverse and still unfolding.

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