THE LEGAL REGIME OF THE LAND ON WHICH CONSTRUCTIONS OWNED BY CONSUMER AND CRAFT COOPERATIVES ARE LOCATED
THE LEGAL REGIME OF THE LAND ON WHICH CONSTRUCTIONS OWNED BY CONSUMER AND CRAFT COOPERATIVES ARE LOCATED

Summary/Abstract: Although the system of property governed by the Communist state law, based on state socialist property, was abolished following the Romanian Revolution of December 1989, it left behind legal situations that the post-December legislator had to take into account. This had to do with the real rights to use land owned by the state in favour of physical persons or cooperative units. On the land in question, the latter constructed buildings over which they acquired ownership.Agricultural production cooperatives were dissolved, but the units of consumer and craft cooperatives were reorganized as cooperative companies, which led the legislator to adopt legal norms aimed at regulating the latter’s rights to use the land owned by state on which they constructed buildings. There has ensued a contradictory regulation that has created significant problems for cooperative units, often put in a position to bear unjustified limitations of their right of ownership on the constructions they built.The legislation adopted in the field has evolved from the unconditional recognition of those rights to use to conditional recognition. A right of pre-emption was also put in place for the purchase of the land that was transferred to the private property of the state or of the administrative-territorial units, with the cooperative units as holders. Finally, the possibility of establishing ownership of this land has also been created if certain conditions are met.

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