Repere jurisprudențiale privind dreptul de preempțiune la cumpărarea terenurilor agricole situate în extravilan, reglementat de Legea nr. 17/2014
Jurisprudential Landmarks Regarding the Right of Pre-emption or the Sale and Purchase of the Agricultural Lands Located Outside the City Limits, Regulated by Law no. 17/2014

Author(s): Mirela-Carmen Dobrilă
Subject(s): Law, Constitution, Jurisprudence, General Reference Works, Civil Law, Source Material
Published by: Universul Juridic
Keywords: Law no. 17/2014; New Romanian Civil Code; the right of pre-emption; sale and purchase contract; agricultural land from outside the city limits;
Summary/Abstract: The New Romanian Civil Code (Law No. 287/2009) regulates in articles 1730-1739 the general procedure regarding the exercise of the pre-emption right in the case of the sale contract, following the a priori or a posteriori method. Law no. 17/2014 (in force from April 11, 2014) regulates, through a special procedure, the obligation to respect the right of pre-emption for the sale and purchase of the agricultural lands loca ted outside the city limits, which belongs to the co-owners, lessees, neighbours owners and the Romanian State, through the State Domains Agency. Considering that understanding the right of preemption in its present form is not an easy task, This article aims to present in a logical manner the decisions of the Constitutional Court and of the High Court of Cassation and Justice, relevant for the pre-emption procedure and for the process of implementing the Law no. 17/2014

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