PRACTICA NEUNITARĂ A INSTANŢELOR DE JUDECATĂ ÎN CAUZELE DE FOND FUNCIAR
THE LACK OF UNIFORMITY IN THE PRACTICE OF COURTS WITH REGARD TO RESTITUTION OF LAND

Summary/Abstract: This paper we decided to address a sensitive issue from our judicial system, more precisely the judicial courts which confronted, in time, with the most dangerous phenomenon in the application of law, and we indicate here the lack of uniformity of caselaw. The issue has an increased effect as it refers to a compensatory law of both the ownership right and public conscience gravely affected by the communist abuses. We all realised, litigants, professionals (practitioners and academics) or simple observers that in relation to this issue there were many contrasting solutions of the courts in the application of Law 18 from 1991 on the land resources, especially in relation to the way there was established the private ownership right of land, the way it became part of the state’s patrimony (by expropriation before 1945, with a just compensation, or, by case, by confiscation based on a criminal conviction issued on the ground provided by Law 312 from 1945) as regarding the persons who may ask the restitution of land according to articles 8 par. 2 and article 13 from the law, the way article 4. par. 4 from Law 10 from 2001 regarding the legal regime of the estate taken by force in the period March 6 1945-December 22 1989, as well as the actions for annulment of the acts providing the reconstitution of ownership right and the modality article 48 from Law 18 from 1991 was applied.

• Details
• Contents