Law No. 54 Of 2 March 1998 Concerning The Legal Circulation Of Land

Original Language Title:  LEGE nr. 54 din 2 martie 1998 privind circulaţia juridică a terenurilor

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Law No. 54 of 2 March 1998 concerning the legal ISSUER land movement PARLIAMENT Published in MONITORUL OFICIAL nr. 102 of 4 March 1998 Parliament adopts this law.


Article 1 privately owned Lands, regardless of their holder, are and remain civil circuit. They can be disposed of and acquired in compliance with the provisions of this law.


Article 2 (1) Land located within the city limits and outside can be disposed of and acquired through legal acts between vineyards, concluded in authentic form.
  

(2) in the case of acquiring through legal acts between the land of the living, the purchaser may not exceed 200 ha of agricultural land into arable land. For the purposes of this law, by the notion is understood wives and unmarried children, if their household together with their parents.
  

(3) breach of para. (2) shall be imposed on a legal act with reducţiunea up to the surface.
  


Article 3 (1) aliens and stateless persons may not acquire property rights over land.
  

(2) individuals who have Romanian citizenship and place of residence abroad can acquire in Romania, through legal instruments between the vii and by inheritance, land of any kind.
  

(3) foreign legal entities may not acquire land in Romania through legal acts between live or for cause of death.
  

(4) In the case of land subject to investments foreign natural or legal persons are and remain applicable to the legislation in force concerning the legal regime of foreign investments.
  


Article 4 the alienation of agricultural land located in the town is free.


Article 5 Disposal through sale of farmland located in the built-up area shall be carried out with respect for the right of pre-emption of truthfulness, of neighbors or employers.


Article 6 (1) the seller will be offering for sale of agricultural land situated in the area the local Council in which the land is situated.
  

(2) on the same day, the Secretary of the administrative and territorial unit will display the offer, under signature and stamp, with the City Hall. The offer will include first and last name of the seller, and the class of service, and the place where the land is located.
  


Article 7 right of pre-emption, the Holders referred to in art. 5, must rule in writing on the exercise thereof, within 45 days of the date of posting of the offer of sale, it will looks and price offered; offer to purchase shall be registered at the Town Hall.


Article 8 where, within the time limit provided for in art. 7, exercises his right of pre-emption more classified under article 9. 5, the seller has the right to choose one of the bidders.


Article 9 If the price offered by the holders of the right of pre-emption of the categories referred to in article 1. 5 it is not convenient to the seller, it can sell the land to any other person.


Article 10 If the period provided for in art. 7 none of the holders of the right of pre-emption has not manifested the will to buy land, it is sold freely.


Article 11 public notary, proof of advertising. 6 dealing with the Act issued by the seller's territorial-administrative unit Secretary, after the expiry of the 45 day period referred to in article 1. 7. Article 12 (1) the exchange of land between individuals or between private legal entities, or between natural persons and legal entities dealing with private agreement of the parties, the provisions of art. 2 (2). (2) remaining.
  

(2) in all cases, land Exchange Act the Exchange ending in authentic form, under penalty of absolute nullity.
  

(3) agricultural land public property, regardless of the holder that it manages, may not be subject to Exchange.
  

(4) Through the exchanges carried out, every land acquires the legal situation of the land replaced with respect for the rights and tasks previously and lawfully constituted.
  


Article 13 entry into possession of new keepers, as a result of the Exchange made according to art. 12(3). (1), shall be made by the delegate's Office of cadastre for agriculture and agricultural County planning or of Bucharest, in the presence of the parties or their representatives, the parties in the contract, Bacãu in cadastral documents and the register of agricultural changes.


Article 14 (1) failure to comply with the provisions of art. 2 (2). (1) and of article 23. 12(3). (1) and (2) the absolute nullity of the contract shall entail the sale or, as the case may be, of the agreement, and failure to comply with the provisions of article. 5 and 6 draws relative nullity of a contract.
  

(2) proceedings in respect of invalidity can be brought by the parties, the Prosecutor, or by any interested person.
  


Article 15 (1) disposal are prohibited, in whatever form, relating to land the title to which there are disputes at courts throughout the resolution of these disputes.
  

(2) Disposal concluded with violation of paragraphs 1 and 2. (1) are null and void. Nullity will be determined by the Court, at the request of any interested person and the Prosecutor.
  

(3) transcripţiuni, and inscriptiuni, as well as the offices of the land register of the courts will highlight in the books, oppositions disposal made by the party concerned and, in such cases, they will refuse to issue certificates of authentication necessary tasks required by instrainarilor, people who want to dispose of.
  


Article 16 Disposal made in whatever form, pursuant to the provisions of this law do not validate debt instrainatorilor, if they were previously hit by the disposal of nulităţi, arising from violations of certain mandatory rules of the law of the Land Fund No. 18/1991 *) and which were noted by final and irrevocable judgment.
— — — — — — — — — — * Note) Law No. 18/1991 was republished in the Official Gazette of Romania, part I, no. 1 of 5 January 1998.


Article 17 legal circulation Regime of land with forest destination shall be fixed by special law.


Article 18 the provisions of this law shall be supplemented by the provisions of civil legislation, in so far as they are not contrary to the provisions of this law.


Article 19 (1) this law shall enter into force 90 days after its publication in the Official Gazette of Romania.
  

(2) on the date of entry into force of the present law shall repeal chapter V "Movement of the land" (66-73) Land Fund Act No. 18/1991, republished in the Official Gazette of Romania, part I, no. 1 of 5 January 1998.
  

This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 19 February 1998, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN p. SENATE CRISTIAN DUMITRESCU-------