Authentic Form – The Quo vadis regarding the tenants’ option to buy houses, based upon Law no. 10/2001
Authentic Form – The Quo vadis regarding the tenants’ option to buy houses, based upon Law no. 10/2001

Summary/Abstract: Since although traditionally, sale documents of real estate owned by the Romanian state, territorial administrative units towards tenants were achieved in written form under private signature according to changes brought to Houses Law no. 114/1996 through Law no. 170/2010 for the amendment of art. 45 of the Land Register and Real estate advertising Law no. 7/1996 and for amending art. 101 from the Houses Law no. 114/1996 (art. 101), ad validitatem authentic form of transfer documents for real estates has been unitary set up (by strengthening provisions of art. 24 par.(3) of the updated and republished Land Register and real estate advertising Law no. 7 of 13 March, 1996 already existing), reason for which, as a consequence of recognition of the tenants’ right to opt for purchase of their rented houses through Decision (appeal in the interest of law called hereinafter as "RIL") no. 81/2017 of the High Court of Cassation and Justice, based upon art. 42 par.(3) from Law no. 10/2001 for the purchase of their rented houses, a new legitime concern raises with regards to the form of the sale document: shall we use traditional form of the document under private signature based upon Law no. 112/1995 or authentic ad validitatem form of sale documents of real estate provided by Law no. 114/1996 as amended during 2010 according to provisions of art. 24 par.(3) of Law no. 7 dated the 13th of March, 1996?

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