LEGEA NR. 85/1992. DREPTUL DE PROPRIETATE ASUPRA TERENULUI AFERENT LOCUINŢEI
LAW NO. 85/1992. OWNERSHIP OF THE LAND RELATED TO THE DWELLING

Summary/Abstract: After the fall of the communist regime, the new constitutional and social order imposed the adoption of legislative measures that would allow certain categories of people to acquire ownership of certain types of housing. In this material, attention will be focused on the provisions of Law no. 85/1992, normative act which provides for the possibility to purchase dwellings built from the funds of former state enterprises, the discussions being focused more precisely on the way in which the lands afferent to the alienated dwellings end up in the property of the buyers. The material presents: 1. The legal framework established by the Decree - law no. 61/1990, 2. The legal framework established by Law no. 85/1992, 3. Law no. 15/1990 - The legal mechanism by which the former state enterprises were transformed into commercial companies, 4. The opinions expressed by the Constitutional Court of Romania regarding Law no. 85/1992, 5. Opinions expressed by the High Court of Cassation and Justice, 6. Defining the concept of “land related to housing”, 7. Jurisprudential landmarks on the concrete legal mechanism by which homeowners can obtain recognition of ownership of land.

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