Imobile preluate în mod abuziv. Autoritate de lucru judecat. Cereri de restituire în natură sau prin echivalent înainte şi după intrarea în vigoare a
Real estate abusively taken over. Res judicata. Applications for restoration in kind or by equivalent prior and subsequent to the coming into force of

Summary/Abstract: The provisions of art. 47 of Law no. 10/2001 are contrary to the provisions of art. 44 of the fundamental law, as they infringe on the right of property of the good-faith purchaser (without the possibility that the incriminated text represent a new legal ground for filing a new action for the restitution of the same building as the one that had already been the object of a previous trial); the criticized legal text retro-activates, as it deprives of the power of res judicata irrevocable awards where actions for recovery or for the ascertainment of nullity of certain legal acts of alienation of the buildings taken over by the state, were rejected; the infringement of the power of res judicata of irrevocable awards represents an infringement of the principle of the separation of powers within the state [the Constitutional Court, award no. 1055 of October 9, on the challenge of the constitutionality of the provisions comprised in art. 2 paragr. 1 letter i), art. 45 paragr. 2 and in art. 47 of Law no. 10/2001 on the legal regime of certain buildings taken over abusively between March 6, 1945 and December 22, 1989, published in the Off. Gaz. no. 737 of October 30, 2008].

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