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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?
The owner has the right to request and obtain the moving out of the tenants if he puts at the disposal of the tenant another dwelling in the same locality or in another locality. A lease must be signed and the tenant must give his/her consent. The minimal inhabiting surface of 15 square meters per person must be respected. The dwelling must also have the same strictly necessary annexes specified in the lease of the dwelling from which the tenant is to move out.
Monica Livescu


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?
The former owner may attack in court (at the court in the area of which the building is located) the decision of the County Commission or of the Bucharest Commission within 30 days from the notification on the decision.
Ovidiu Cernăianu

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?
The former owners are entitled to financial compensation both for the building in itself and for the land that comes with it, if they filed a request in this sense up to July 28, 1996 at the latest.(Law 112/1995).
Ovidiu Cernăianu

14. If the former owner already received compensation for the expropriated building can he still request the restitution of the building?
There are two situations (see also question # 1):
a) If the building became state property "on legal basis" (in compliance with the laws in force at the time the building was taken over) the former owner may claim (and obtain) the restitution in nature of the building only if the former owner or the successors inhabit it or if the building is free and only if the up-dated sum received as compensation is returned to the state, according to article 13 of the Law 112/1995.
b) If the building became state property with no "legal basis", the former owner or the successors may obtain the restitution if they file a request that claims it at the competent court in the area of which the building is located.
Ovidiu Cernăianu

15. What happens when the dwelling was the object of expropriation for reasons of public utility prior to the 22nd of December 1989?
If the expropriated dwelling was not used for a period of one year for the purpose that constituted the reason for expropriation, that is, if no works of rearrangement for the new destination were performed, the former owner (or the successors) are entitled to ask for the restitution, if a second declaration of public utility has not already been made. The claim is to be filed with the district Court in the area of which the dwelling is situated.(Law 33/1994, the reunited sections of the Supreme Court of Justice - decision no. VI/ September 27, 1999 which ruled an appeal in the interest of the law).
Ovidiu Cernăianu

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?
After trying all the ordinary means of appeal in Romanian legislation, they can address the European Court of Human Rights in Strasbourg on the ground of "The Convention on Human Rights and Fundamental Liberties", signed in Rome on the November 4, 1950 - which was ratified by Romania, together with the additional Protocols, through the Law 30/ May 18, 1994. We mention that the rulings of the European Court are binding for the Romanian State.
("The Convention on Human Rights and Fundamental Liberties", Law 30/ May 18, 1994, article 11 paragraph 2 and art. 20 of the Romanian Constitution)
Ovidiu Cernăianu << PREV

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