Expropriere. Apel. Procuror. Regularitate. Despăgubiri. Efectele deciziei curții constituționale. Principiul disponibilității. Încălcare. Dobânda legală. Actualizarea cu indicele prețurilor de consum
Expropriation. Appeal. Prosecutor. Regularity. Compensation. The effects of the decision of the Constitutional Court. Availability principle. Infringement. Legal interest. Updating the consumer price index

Summary/Abstract: 1. The requirement of regularity of the court's investment with the judgment of the appeal request is accomplished by signing the appeal memo by the case prosecutor, by applying the stamp of the institution where he operates and by submitting it to the file, bearing the address of the legal representative of the appealing authority. 2. Correctly, the appelate court ordered the execution of a new expertise for establishing the compensation for the expropriated building, according to the art. 26 para. (2) of the Law no. 33/1994 and the Decision no. 12/2015 of the Constitutional Court of Romania, published in the Official Journal of Romania prior to the declaration of the appeal, by reference to the actual sales prices, established on the basis of actual transactions at a contemporary time of the transfer of the property right, and not to sale-purchase offers inserted within the advertisements. 3. In the absence of a legal investment of the courts with a claim whose purpose is to compensate the applicants for the lack of use of the expropriation price from the moment of the transfer of the property right to the day, in the form of the indexed value of the compensation with the consumer price index and the legal interest, the appelate court cannot award these amounts. The legal interest, as an unrealized benefit and non-use of the expropriation price is not included in the term of prejudice, to which the provisions of art. 26 of the Law no. 33/1994 refer to. The indexation with the consumer price index of the expropriation price aims at maintaining the purchasing power of the amounts expressed in lei and to protect their beneficiary from the devaluation factor, given by the inflation phenomenon. When the compensation for the expropriated property has not been established into an international currency, it can be updated with the consumer price index, as a part of this compensation.

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