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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
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.
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.
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).
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
happens when the dwelling was the object of expropriation
for reasons of public utility prior to the 22nd of
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).
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.
Convention on Human Rights and Fundamental Liberties",
Law 30/ May 18, 1994, article 11 paragraph 2 and art. 20
of the Romanian Constitution)