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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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LEGE no. 54 54 of 2 March 1998 on the legal movement of land
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 102 102 of 4 March 1998



The Romanian Parliament adopts this law + Article 1 Privately owned land, regardless of their holder, are and remain in the civil circuit. They may be estranged and acquired in compliance with the provisions of this Act. + Article 2 (1) Land located in intravilan and extravilan may be disposed of and acquired through legal acts between vineyards, concluded in authentic form. (2) In the case of acquisition by legal acts between vineyards, the land property of the acquirer may not exceed 200 ha agricultural land in arable, family equivalent. For the purposes of this law, the notion of family means unmarried wives and children, if they manage with their parents. (3) The violation of the provisions of (2) is sanctioned with the reduction of the legal act to the limit of the legal area. + Article 3 (1) Foreign nationals and stateless persons may not acquire ownership of land. (2) Individuals who have Romanian citizenship and domicile abroad can acquire in Romania, through legal acts between vineyards and by inheritance, land of any kind. (3) Foreign legal entities may not acquire land in Romania through legal acts between vineyards or for the cause of death. (4) In the case of land subject to the investments of foreign natural or legal persons, the provisions of the legislation in force on the legal regime of foreign investments remain applicable. + Article 4 The alienation of agricultural land located in the building is free. + Article 5 The alienation, through sale, of agricultural land located in extravilan is done in compliance with the right of preemption of the co-owners, neighbors or tenants. + Article 6 (1) The seller will register the offer of sale of the agricultural land located in extravilan to the local council within which the land is located. (2) On the same day, the secretary of the administrative-territorial unit will display the offer, under signature and with the application of the stamp, at the town hall The offer will include the name and surname of the seller, the surface and the category of use, and the place where the land is located + Article 7 Holders of the right of pre-emption, provided in art. 5, must rule in writing on its exercise, within 45 days from the date of display of the offer for sale, in which the price offered will be shown; the purchase offer is registered at the town hall. + Article 8 If, within the period provided for in art. 7, shall exercise the right of preemption to several holders in the category provided for in art. 5, the seller has the right to choose one of the bidders. + Article 9 If the price offered by the holders of the preemption right of the categories provided in art. 5 is not convenient to the seller, it can sell the land to any other person. + Article 10 If within the period provided in art. 7 none of the holders of the right of preemption has indicated their will to buy the land, it is sold freely. + Article 11 In front of the public notary, proof of advertising provided in art. 6 is made with the act issued to the seller by the secretary of the administrative-territorial unit, after the expiry of the 45-day period provided for in 7. + Article 12 (1) The exchange of land between individuals or between private legal persons, or between individuals and private legal entities is made with the agreement of the contracting parties, the provisions of art. 2 2 para. (2) remaining applicable. (2) In all cases of land exchange, the act of exchange shall be concluded in authentic form, under the sanction of absolute nullity. (3) The agricultural land of public property, regardless of the holder who manages them, cannot be the subject of the exchange. (4) Through the exchanges made, each land acquires the legal situation of the replaced land, in compliance with the rights and duties previously and legally constituted. + Article 13 The possession of new holders, following the exchange made according to art. 12 12 para. (1), shall be made by the delegate of the agricultural cadastre office and the organization of the county agricultural territory or of the city of Bucharest, in the presence of the contracting parties or their representatives, parties in the exchange contract, operating in cadastral documents and in the agricultural register the changes occurred. + Article 14 (1) Failure to comply with art. 2 2 para. ((1) and of art. 12 12 para. (1) and (2) attract the absolute nullity of the sales contract or, as the case may be, the exchange contract, and the non-compliance with the provisions of 5 and 6 attract relative nullity of the contract. (2) The action for a declaration of invalidity may be brought by the parties, the prosecutor, the mayor or any person concerned. + Article 15 (1) The estrangements, in any form, of the land regarding the title to which there are disputes at the courts, throughout the settlement of these disputes, shall be prohibited. (2) Foreigners concluded in violation of the provisions of par. ((1) are void. The nullity will be found by the court, at the request of any interested person and the prosecutor. (3) The transcription services, and the inscriptions, as well as the land registry offices of the courts will highlight, in the advertising registers, the estrangement oppositions formulated by the interested party and, in these cases, will refuse the release certificates of tasks necessary to authenticate estrangers, requested by persons who want to dispose of. + Article 16 Estrangements made in any form, under the provisions of this law, do not validate the property titles of the estrangers, if prior to alienation they were hit by absolute nullity, arising from the violation of imperative norms Law of Land Fund no. 18/1991 * *) and which were found by final and irrevocable court decisions. ---------- Note * *) Law no. 18/1991 was republished in the Official Gazette of Romania, Part I, no. 1 1 of 5 January 1998. + Article 17 The regime of legal movement of land with forest destination shall be established by special law. + Article 18 The provisions of this law are supplemented by the provisions of civil law, 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 this Law, Chapter V "Legal Land Circulation" ( art. 66-73 66-73) of the Land Fund Law no. 18/1991 , republished in the Official Gazette of Romania, Part I, no. 1 1 of 5 January 1998. This law was adopted by the Chamber of Deputies and the Senate in the joint meeting of 19 February 1998, in compliance with the provisions of art. 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN p. SENATE PRESIDENT CRISTIAN DUMITRESCU -------