APLICAREA DE CĂTRE INSTANȚELE JUDECĂTOREȘTI A MĂSURILOR DE RESTITUIRE ÎN NATURĂ ȘI A MĂSURILOR REPARATORII REFERITOR LA IMOBILELE PRELUATE ABUZIV DE LA ACADEMIA ROMÂNĂ
The Application by The Judicial Institutions of the Reimbursement Measures in Nature and The Repair Measures Concerning the Assets Taken Abusively From The Romanian Academy

Author(s): Dumitru Dinu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: Romanian Academy; recovery of real property - buildings and lands; application of land fund laws; application of law on restitution of some of the real assets abusively taken over; manner of applicati
Summary/Abstract: By the Decision of the Council of Ministers no. 1486 of 08 November 1948, published in the Official Gazette no. 260 of 08 November 1948, the Romanian Academy was abusively dispossessed of 71 urban assets, lands and buildings, 30 rural, agricultural and forest assets, 31 assets not taken possession by the Academy of the People’s Republic of Romania, other important deeds and securities. The long and difficult process of recovery of some of these assets began, for the real property represented by lands on the basis of Law no. 18/1991, Law no. 169/1997, Law no. 1/2000, Law no. 247/2005 and, for the real property represented by lands and buildings, on the basis of Law no. 10/2001, amended by Law no. 165/2013, as well as on the basis of Law no. 752/2001, supplemented by Law no. 564/2004. The major difficulties faced by the Romanian Academy in recovering, at least partially, its real patrimony, were caused by the application by the courts of law of the provisions of Art. 31 para. 1 and of Art. 33 para. 2 of the Government Emergency Ordinance no. 80/2013, in visible antimony with the incidence of the special norm laid down in Art. 50 para. 1 of Law no. 10/2001, which norm derogates from the common law provisions in the matter of the duty stamp, as well as by the discretionary application of the provisions of Art. 1 paras. 1 and 2, Art. 4, Art. 5, Art. 6, Art. 7 para. 1, Art. 8 paras. 1 and 2 item a), Art. 32 of Law no. 65/2013 by the Local Land Fund Commissions.

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