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Law-Counsel.com>>Legal Info>Property Law
Copyright 2000-2003 Daliv Group
NATIONALIZED DWELLINGS
NEWS!
The new law concerning abusive confiscated real estates is now enforced!
Read
HERE the entire text (in Romanian).
NEWS! Property restitution procedure -
ARTICLE - in Romanian.


1. How can the property right over a dwelling which is currently in state property or in the property of other juridical persons be restored?
2. What are the categories of real estate, which became state property without a valid title and which can be claimed back in a Court?
3. What does "real estate taken over without compliance with the laws in force at that time" mean?
4. What is it understood by "real estate that became state property without any legal regulation being in force"?
5. What can the owner of a real estate found in one of the above-mentioned situations do if the dwelling was sold by the state to the tenant?
6. How is regulated the relation between the owner of real estate (building and surrounding land) which was retroceded and the schools, social and cultural establishments or public institutions using the building at the time of the retroceding request?
7. How is the relation between the owner of a retroceded building and the tenant who effectively occupies the dwelling on the basis of a lease with the former companies who administered the housing state fund, which were privatized after January 1st, 1990?
8. Which is the procedure in what concerns the signing of a lease between the owner of a dwelling and a tenant in one of the above-mentioned situations?
9. Are there situations when an extension of the lease is not mandatory?
10. What is the situation of the relations between the owner who got back his property right over the building and who obtained an annulment of the purchasing contract signed by the tenants (which breached the provisions of the law 112/1995)? Can the owner be obliged to sign a new lease with the former tenant?
11. In what circumstances can the owner of a building obtain the moving out of the tenants in the conditions of the mandatory dwellings exchange?
12. What are the solutions if the former owner of a dwelling which became state property is not satisfied with the ruling of the County Commission or of the Bucharest Commission in what concerns his claim?
13. What are the rights of the former owners (or of their successors) who are Romanian citizens, in the case the actual dwelling cannot be rendered back?
14. If the former owner already received compensation for the expropriated building can he still request the restitution of the building?
15. What happens when the dwelling was the object of expropriation for reasons of public utility prior to the 22nd of December 1989?
16. What options do the former owners of dwellings have if they consider that the rulings of the Romanian courts regarding their claims were unjust?

LANDS

1. Can foreign citizens claim restoration of property rights on land within the Romanian territory?
2. Who can claim the restoration of property rights on land?
3. What categories of lands can be claimed?
4. Which was the deadline for the filing of the requests of restoration of the property right over the lands?
5. Which is the maximal surface of land that can be returned?
6. What happens if the surface of the land that was expropriated was larger than the area that can be returned according to the law?
7. Can buildings placed on agricultural or forested lands that existed at the time the lands became state property or that became state property as a result of the Decree 83/1949 be returned?
8. Which is the situation in case some rights have already been obtained on the grounds of Law 19/1991 and Law 169/1997?
9. Is the property right restored on the initial locations?
10. What are the legal means the person not satisfied with the decision of the County Commission concerning the restoration of the property right on lands can resort to?

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