Considerații privind dreptul de proprietate privată
Comments on the right to private property

Summary/Abstract: In his article, the author comments upon the right to private property and the observance thereof in Romania. Revision of the Constitution of Romania gave new legal dimensions to the right to property. Private property is equally protected and guaranteed by the law, irrespective of the owner. The fundamental law also guarantees this right by means of the conditions and circumstances expropriation can be done. Thus, according to art. 44: “No one shall be expropriated, except on grounds of public utility, established according to the law, against just compensation paid in advance”; “Legally acquired assets shall not be confiscated. Legality of acquirement shall be presumed”; “The nationalization or any other measures of forcible transfer of assets to public property based on the owners' social, ethnic, religious, political, or other discriminatory features shall be forbidden”. The author further presents with a critic eye certain pronouncements of the courts that reveal lack of strictness with the way justice interprets the constitutional provisions and the laws in the field.

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