Law No. 10 Of 8 February 2001 Concerning The Legal Status Of Some Buildings Taken Improperly From 6 March 1945-22 December 1989

Original Language Title: LEGE nr. 10 din 8 februarie 2001 privind regimul juridic al unor imobile preluate în mod abuziv în perioada 6 martie 1945 - 22 decembrie 1989

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071951/lege-nr.-10-din-8-februarie-2001-privind-regimul-juridic-al-unor-imobile-preluate-n-mod-abuziv-n-perioada-6-martie-1945---22-decembrie-1989.html

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Law No. 10 of February 8, 2001 (reissued * *) (* updated *) concerning the legal status of some buildings taken improperly from 6 March 1945-22 December 1989 *) (updated until 12 February 2016 *) ISSUER-PARLIAMENT-------Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the Republished pursuant to art. VII of title I of law No. 247/2005 on the reform in the areas of property and justice, as well as some accompanying measures, published in the Official Gazette of Romania, part I, no. 653 of 22 July 2005, posing a new texts.

Law No. 10/2001 has been republished in the Official Gazette of Romania, part I, no. 279 of 4 April 2005.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I General provisions Article 1 (1) improperly Buildings taken over by the State, cooperative organizations or other legal persons in the period 6 March 1945-22 December 1989, as well as those taken by the State based on law No. 142/1940 on rechiziţiilor and payments that were returned in kind or in equivalent in nature, when the refund is no longer possible under the present law *).
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Alin. (1) of article 1. 1 was amended by section 1 of article. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) In cases where restitution in kind is not possible to be determined through the equivalent remedies. Remedial action will be the equivalent through compensation with other goods or services provided by the entity invested according to this law the notification, with the consent of the person entitled, or countervailing measures in accordance with the law concerning the measures for the completion of the process of restitution in kind or through equivalent of real estate taken improperly, in the period of the Communist regime in Romania).
  

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Alin. (2) of article 9. 1 c has been changed. the article) 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, by replacing a defunct.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (3) remedial action through equivalent consisting of compensation with other goods or services shall be granted by decision or, where appropriate, the entity invested according to this law the notification. Remedial action in the equivalent countervailing measures in accordance with the law concerning the measures for the completion of the process of restitution in kind or through equivalent of real estate taken improperly, in the period of the Communist regime in Romania is proposed to be awarded by decision or, where appropriate, the entity invested according to this law the notification).
  

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Alin. (3) art. 1 c has been changed. the article) 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, by replacing a defunct.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (4) remedial action through equivalent can be combined.
  

(5) the mayors or heads of entities invested the notifications are required to display each month, no later than 10 calendar days calculated from the end of the preceding month, the visible, a table containing the goods available and/or, where appropriate, the services which may be awarded in compensation).
  

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Alin. (5) article. 1 was introduced by section 1 of article. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 2 (1) for the purposes of this Act, through the real estate taken improperly means: the real estate nationalized by Decree) No. 92/1950 for nationalization of immovable property, as amended and supplemented, in accordance with law nr. 119/1948 for industrial enterprises nationalization, banking, insurance, mining and transport, as well as other normative acts of nationalization;
  

b) taken from the confiscation of buildings as a result of a judgment of conviction for political offences provided for by the criminal law, perpetrated as a manifestation of opposition against the Communist totalitarian system;
  

c) donated buildings or other legal persons, under Decree No. 410/1948 concerning donaţiunea of graphic arts, the Decree nr. 478/1954 concerning donations made and others also state unresolved in authentic form, as well as donated buildings or other legal persons, concluded in authentic form provided by art. 813 of the Civil Code, in this latter case if it admitted the action in nullity or cancellation in the finding of the donation through a final and irrevocable judgment;
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Lit. c) of paragraph 2. (1) of article 1. 2 was amended by paragraph 2 of article 9. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

d taken over State buildings) for non-payment of taxes as a result of abusive measures imposed by the State, whereby the owner's rights could not be exercised;
  

e) considered to be buildings were abandoned, on the basis of provisions of an administrative or judicial decision handed down pursuant to Decree No. 111/1951 relating to regularize the situation of goods of any kind subject to seizure, seized, without heirs stray, as well as some assets that no longer use of budgetary institutions, during the period 6 March 1945-22 December 1989;
  

f) buildings taken over by the State on the basis of laws and other normative acts, unpublished at the time of the takeover, in the Official Gazette of Romania, part I, or in the Official Gazette;
  

g) buildings taken over by the State on the basis of law No. 142/1940 on rechiziţiilor and which have not been returned or that the owners have not received equitable *);
  

h) any other estate taken over by the State with a valid title, as defined in article 10. 6 paragraph 1. (1) of law No. 213/1998 on public property and legal regime thereof, as amended and supplemented;
  

I answered any other real estate) without a valid title or without complying with the legal provisions in force at the time of the takeover, as well as those taken without legal basis by legislative provision of local organs of power or State administration.
  

(2) Repealed.
  

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Alin. (2) of article 9. 2 was repealed by section 2 of art. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 3 (1) shall be entitled, within the meaning of this law, the remedies in restitution in kind, or, where appropriate, through equivalent *): a) individuals, owners of the buildings at the time of take-over abusively;
  

b) natural persons, legal persons associate who owned real estate and other assets in the property at the time of take-over them abusively;
  


c) legal persons, owners of buildings taken improperly for cooperative organizations or other legal persons after 6 March 1945; justification the redressive measures provided for in this article shall be conditional on the continuation of the activity as a legal entity until the date of entry into force of the present law or circumstance as their activity to be banned or interrupted during the period 6 March 1945-22 December 1989, and they have resumed their activity after December 22, 1989, where, by order of court It appears that they are the same legal entity with the disbanded or forbidden, as well as political parties whose activity has been banned or interrupted during the period 6 March 1945-22 December 1989, and resumed activity in accordance with the law.
  

(2) the ministries, other public institutions of the State or of its administrative-territorial units, including the autonomous or independent, autonomous administrations, companies/societies, companies with state capital, as well as the privatized under the law do not have the quality of persons entitled and not covered by this law.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 4 (1) where a refund is requested by more than one person entitled coproprietare of immovable property rights applied for or settles in shares, according to common law ideal.
  

(2) the provisions of this law shall also benefit heirs or estate you natural persons holding entitlement.
  

(3) Succesibilii who, after 6 March 1945, didn't accept the inheritance law are reinstated within the period of acceptance of the succession in respect of goods which are the subject of this Act. Application for refund equivalent to the acceptance of the succession for goods whose refund is requested under this Act.
  

(4) legal heirs or estate shares that did not follow the procedure set out in chapter II. (III) other heirs to the advantage of the person entitled who submitted within the application for refund.
  


Article 5 (1) are not entitled to restitution in kind or the remedies as people who have received compensation according to international agreements concluded by Romania concerning the regulation of financial problems, listed in the annex. 1 which forms an integral part of this law).
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply to persons whose fortunes were acquired illegally, in accordance with the decisions of the courts handed down until 6 March 1945. Both the annex. 1 to this law and court decisions in question appears on the website of the public authority with powers in the field of restitution.
  

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Alin. (2) of article 9. 5 was introduced by point 3 of article 1. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.


Article 6 (1) for the purposes of real estate Through this law, means land, with or without buildings, with any of the treatments under consideration at the time of take-over abusively, and movable property immovable by incorporation made in this building.
  

(2) remedial equipment and installations and taken over by the State or other legal persons concurrently with the building, the outside of the case have been replaced, scrapped or destroyed.
  

(3) In the situation referred to in paragraph 1. (2) the refund in nature will become available by decision or disposition of the unit holder.
  

(4) where the equipment and facilities required are highlighted in some companies privatized, other than those referred to in article 1. 21. (1) and (2) after setting the consideration thereof, by decision of the entity involved in privatization will propose the grant of the compensatory measures in accordance with the law concerning the measures for the completion of the process of restitution in kind or through equivalent of real estate taken improperly, in the period of the Communist regime in Romania.
  

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Alin. (4) article. 6th amended subparagraph (c). the article) 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, by replacing a defunct.

(5) In the situation referred to in paragraph 1. (4) for the purposes of issuing the decision refund equivalent, at the request of the entity involved in privatized firms privatization will transmit the information relating to the existence and value of the machinery and installations within a maximum of 15 days from the date of receiving the request *).
  

— — — — — — — — — —-. (5) article. 6 was introduced by point 3 of article 1. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 7 (1) as a general rule, buildings taken improperly shall be returned in kind.
  

(1 ^ 1) Will not be returned in kind, but equivalent, which were disposed of buildings based on law No. 112/1995 regulating the legal situation of some buildings intended for housing passed in State ownership, with subsequent amendments, complying with the conditions required by law).
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Alin. (1 ^ 1), art. 7 was introduced by paragraph 4 of art. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

(2) If a refund is possible in nature, the person entitled may not opt for remedies through the equivalent only in the cases expressly provided for in this law).
  

(3) in the event that certain estate-free land located in city limits are required by the entitled persons of the two. 3 paragraphs 1 and 2. (1) (a). a), one of which is the former owner, who took the land through abusive measures applied during the period subsequent to the date of March 6, 1945, and the second, the person to whom it was attributed to the land taken from the former owner, and this land was taken over by abusive measures referred to in article 1. 2 (2). (1) it will refund in the first land owner in nature, and those which were appropriated to such lands will benefit other remedies as under the law).
  

(4) in the cases referred to in paragraph 1. (3) if the return in kind is not possible according to this law, both persons entitled shall receive remedial equivalents *).
  

(5) is not returned in kind land related buildings that have been disposed of pursuant to the provisions of law No. 112/1995, as amended.
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Alin. (5) article. 7 was introduced by section 5 of art. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 8 (1) are not covered by the present law courts located near settlements at the time of take-over abusive or notification, and those whose legal regime is governed by the law of the Land Fund No. 18/1991, republished, with subsequent amendments and additions, and law No. 1/2000 for restoring ownership of agricultural land and forestry, required under the law of the Land Fund No. 18/1991 and Act No. 169/1997, with subsequent amendments and additions.
  

(2) the legal regime of property that belonged to religious worship answered by State is governed by Government Emergency Ordinance nr. 94/2000 concerning the restitution of real estate that belonged to religious denominations from Romania, republished).
  

(3) the legal regime of buildings that used to belong to minority communities undertaken by the State is governed by Government Emergency Ordinance nr. 83/1999 concerning the restitution of real estate that belonged to the communities of citizens belonging to national minorities of Romania, republished).
  

(4) the legal regime of buildings that used to belong to a trade union collected heritage State or other legal persons, will be governed by special regulations.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Government Emergency Ordinance nr. 94/2000 and Government Emergency Ordinance nr. 83/1999 have been republished in the Official Gazette of Romania, part I, no. 797 of September 1, 2005.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter II Restitution in kind or equivalent remedies through Article 9


Buildings taken improperly, regardless to whom possession is currently, returned in the condition in which they are located at the time the application for refund and free of all tasks.


Article 10 (1) in the case of buildings taken improperly and whose constructions erected on them were demolished in whole or in part, the repayment in kind available for free land and the remaining nedemolate buildings, and demolished buildings and land occupied redressive measures shall establish equivalent *).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) where the grounds taken improperly were edified us person entitled authorized construction, will get the refund in kind of vacant land, and the area occupied by new buildings in the affected servituţilor legal, green spaces, as established by art. 3 (a). a)-f) of law No. 24/2007 on the regulation and management of green spaces from built-up area settlements, republished, with subsequent amendments and additions, as well as other public utility facilities of urban and rural localities, remedial action shall be in equivalent.
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Alin. (2) of article 9. 10 was modified by art. 48 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 from May 17, 2013.

(3) shall be returned in kind land totaled unauthorized construction in accordance with the law after 1 January 1990, and light construction or demountable tanks.
  

(4) shall be returned in kind including land affected by the construction works without the investment of public interest have been approved, if not started their construction or approved works were abandoned.
  

(5) shall be released into the wild and the land on which the subsequent abusive takeover, were adjudged approved construction are no longer necessary, if the person holding the Unit entitled its pay compensation representing the market value of the building in question, as established by the international valuation standards).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (6) in the case of buildings taken improperly and whose constructions erected on them were destroyed as a result of natural disasters, the person entitled shall be eligible for restitution in kind for free land. If the land is not free, the remedial action it shall be in equivalent *).
  

(7) the provisions of paragraphs 1 and 2. (6) shall apply accordingly and rechiziţionate based on real estate law. 142/1940 and whose constructions erected on them were destroyed during the war, if the owners have not received compensation.
  

(8) the corresponding value of the constructions taken improperly and demolished shall be determined according to the market value as of the date of notification of the resolution, as established by the international valuation standards, depending on the volume of information made available to the evaluator).
  

(9) the amount of land and construction nedemolate taken improperly, which cannot be repaid in kind, shall be determined according to the market value as of the date of notification of the resolution, as established by the international valuation standards).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (10) in the cases referred to in paragraph 1. (1), (2) and (6), remedial action will be the equivalent through compensation with other goods or services provided by the entity invested according to this law the notification, with the consent of the person entitled or countervailing measures in accordance with the law concerning the measures for the completion of the process of restitution in kind or through equivalent of real estate taken improperly, in the period of the Communist regime in Romania).
  

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Alin. (10) of article 1. 10 c has been changed. the article) 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, by replacing a defunct.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (11) Is prohibited from disposing of or change the destination of the building whose restitution in kind is not possible due to its impairment of a public utility facilities. Subsist on a ban period of five years, calculated as from the date of issue of the decision to grant/disposition remedies in its reasoned on equivalent damage *).
  

— — — — — — — — — —-. (11) article. 10 was introduced by paragraph 4 of art. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 11 (1) expropriated Buildings whose construction and built on them have not been demolished will be repaid in kind, persons holding entitlement, unless they have been disposed of, in compliance with legal provisions. If the person entitled to receive a compensation, restitution in kind is subject to the reimbursement of an amount representing the value of the compensation received, updated with update coefficient determined in accordance with the legislation in force.
  

(2) where the expropriated buildings were destroyed partially or totally, but there have been performed the work for which it was ordered the expropriation, free land is returned in kind with the remaining buildings, and the buildings demolished redressive measures shall be determined in equivalent *). If the person entitled to receive a compensation, restitution in kind is subject to reimbursement of the difference between the amount received and the amount of compensation for demolished as construction was calculated in the documentation establishing the compensation, updated with update coefficient determined in accordance with the legislation in force.
  

(3) where they were expropriated in whole buildings demolished and work that was ordered partly occupying the land expropriation, the person entitled may obtain restitution in kind of land left free, for the most part of new construction, approved the affected servituţilor and other public utility facilities of urban and rural settlements, remedial settling in equivalent *). The provisions of article 10 para. (3), (4), (5) and (6) shall apply accordingly.
  

(4) where the work for which they have ordered the entire land expropriation functionally occupies affected, remedial action shall be determined as for the entire building).
  

(5) the amount of construction expropriated and demolished shall be determined according to the market value as of the date of notification of the resolution, as established by the international valuation standards, depending on the volume of information made available to the evaluator).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (6) the amount of construction expropriated, who cannot repay in kind and their land shall be determined according to the market value as of the date of notification of the resolution, as established by the international valuation standards).
  

Notă



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According to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (7) in the cases referred to in paragraph 1. (2), (3) and (4) reparative measures equivalent value is determined by subtracting the present value of compensation received in respect of land for construction, respectively, from the corresponding value of the part of the building and construction expropriated land — which cannot be repaid in kind, determined according to paragraph 1. (5) and (6)).
  

(8) In the situations referred to in paragraph 1. (2), (3) and (4), remedial action will be the equivalent through compensation with other goods or services provided by the entity invested according to this law the notification, with the consent of the person entitled or countervailing measures in accordance with the law concerning the measures for the completion of the process of restitution in kind or through equivalent of real estate taken improperly, in the period of the Communist regime in Romania).
  

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Alin. (8) article. 11 c was modified. the article) 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, by replacing a defunct.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 12 in the event of real estate owned by the State, a cooperative property, or any other legal person from among those referred to in article 1. 21. (1), (2) and (4), if the person entitled to receive a compensation, restitution in kind is subject to the reimbursement of an amount representing the value of the compensation received, updated with update fixed coefficient.


Article 13 (1) in the case compensated property administrative procedures provided for by this law or by judicial decision, shall apply the provisions on leases contained in the Government Emergency Ordinance nr. 40/1999 concerning the protection of tenants and rent setting for spaces with housing destination, approved with amendments and completions by law No. 241/2001, as amended and supplemented.
  

(2) lease agreements for buildings returned in kind having destinations referred to in the annex. 2(a) b) item 2 which is an integral part of this law, are extended by operation of law for a period of 3 years with the remaining provisions of the contract renegotiation, and lease agreements for buildings having returned in kind shown in annex 4 to the destinations. 2(a) b) point 1 shall be extended by the law for a period of 1 year with the remaining provisions of the contract renegotiation.
  


Article 14 If the property has been returned through the administrative procedures provided for by this law or by court order is subject to a contract of lease, concession, discharge location or joint venture, the new owner will be subroga to the rights of the State or of the legal entity that holds, with the remaining provisions of the contract renegotiation, where such contracts have been concluded according to law.


Article 15 (1) leases. 6 of the Government Emergency Ordinance nr. 40/1999 shall be concluded for a period of 5 years. If the tenant i provides another appropriate dwelling, it is obliged to immediately vacate occupied housing.
  

(2) the Conclusion of a new lease agreement in the case referred to in article 1. 9 and 10 of the Government Emergency Ordinance nr. 40/1999, caused by the misunderstanding over the amount of the rent required by the owner or its pretense of restricting surface dwelling for persons referred to in art. 32 para. (1) of the same Ordinance, to extend the law to hire contract until the end of the new contract.
  

(3) For individuals from tenants returned real estate in nature, as well as for those in the housing. 26 para. (1) of the Government Emergency Ordinance nr. 40/1999, whose monthly net income per family member is situated between the average monthly net income on its economy and twice, the maximum level of rent cannot exceed 25% of the monthly net income per family. The provisions of article 31 para. (2) and of article 23. 33 *) of the Government Emergency Ordinance nr. 40/1999 shall apply accordingly. Where the rent so calculated is less than that calculated under art. 26-30 of Government Emergency Ordinance nr. 40/1999, the owner is exempt from the tax on land and buildings and is relieved from liability for the obligations incumbent on it for the duration of the lease in question.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Art. 33 was repealed by law No. 241/2001 for approving Government Emergency Ordinance nr. 40/1999 concerning the protection of tenants and rent setting for spaces with housing destination.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (4) For disabled persons provided for in law No. 42/90 *) for the veneration of the martyrs and heroes-granting rights to their offspring, the wounded, as well as fighters for the revolution of December 1989, republished, with subsequent amendments, into law No. 44/1994 concerning war veterans and some rights of invalids and war widows, republished, with subsequent amendments, and in Decree-Law No. 118/1990 concerning granting rights to persons persecuted for political reasons by the dictatorship with effect from 6 March 1945, and those deported abroad times company formed in prisoners, republished, with subsequent amendments, the mandatory Exchange referred to head. The Government Emergency Ordinance nr. 40/1999 housing provided must ensure conditions of service similar to those existing in housing owned.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 42/90 has been repealed by article. 17 of law No. 341/2004, published in the Official Gazette of Romania, part I, no. 654 of 20 July 2004.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (5) Tenants whose lease agreements were not renewed for reasons laid down in article 21. 14. (2) (a). the b)) and Government Emergency Ordinance nr. 40/1999 are given priority lending for housing law No. 114/1996, republished, with subsequent amendments and additions, as well as those provided for by law No. 152/1998 on the establishment of the National Agency for Dwellings, with subsequent amendments and additions.
  


Article 16 (1) in the case of buildings having the destinations referred to in the annex. 2(a) a), which forms an integral part of this law, necessary and exclusively and directly affected the activities of public interest, education, health, social-cultural times to former owners or their heirs, shall be reimbursed real estate ownership with the duty to keep them afectaţiunea for a period of up to three years for those referred to in point 3 of the annex. 2(a) ), or, if necessary, up to 5 years from the date of issue of the decision or disposition, to those referred to in paragraphs 1, 2 and 4 of the annex. 2(a) a).
  

--------------
Alin. (1) of article 1. 16 was amended by section 1 of article. 1 of law No. 74 of 26 March 2007, published in MONITORUL OFICIAL nr. 215 of 29 March 2007.

(2) the payment of expenses incurred in connection with the building maintenance is the responsibility of the respective holders. In the period referred to in paragraph 1. (1) the new owner will be the beneficiary of a rent in the amount established by decision of the Government.
  

— — — — — — — — — —-. (2) of article 9. 16 was amended by section 5 of art. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

(3) the owners will take possession of immovable property shall be returned not later than 5 years after the recovery of the property right.
  

(4) where the owner makes available another building properly, which conform to the rules and legal requirements in the scope to conduct incidents of the activity specified in paragraph 2. (1) the user is obliged, within 90 days, to proceed to its release.
  


Article 17 (1) Residents of buildings having destinations referred to in the annex. 2(a) a) and subparagraph (c). b) points 1, which forms an integral part of this law, shall have a right of pre-emption when buying them.
  

(2) this right may be exercised, under penalty of revocation, within 90 days from the date of receipt of notification of the intention to sell.
  

(3) notification shall be made by the bailiff, according to law.
  

(4) sale and purchase contracts concluded with the violation of the right of pre-emption are hit by invalidity.
  


Article 18 Measures shall be adopted only in reparative equivalent and in the following cases: (a) *)) the person entitled was assigned to the legal entity owning real estate and assets at the date of taking over them improperly, unless the person entitled was unique or associated persons entitled associated were members of the same family;
  


b building no longer exists) from the date of entry into force of the present law, except for the buildings destroyed as a result of natural disasters;
  

c) building has been disposed of in compliance with the provisions of law No. 112/1995, as amended.
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Lit. c) art. 18 was amended by section 6 of article. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 19 (1) in the event of real estate-construction covered by notifications formulated according to the procedures laid down in chapter II. III and to whom were added, horizontally and/or vertically in relation to the original form new bodies whose area conducted over 100% of their aggregated area carried out initially and if the parties do not agree otherwise, the former owners are granted or, where appropriate, proposing remedies through equivalent. Remedial action will be the equivalent through compensation with other goods or services provided by the entity invested according to this law the notification, with the consent of the person entitled, or countervailing measures in accordance with the law concerning the measures for the completion of the process of restitution in kind or through equivalent of real estate taken improperly, in the period of the Communist regime in Romania).
  

--------------
Alin. (1) of article 1. 19 c has been changed. the article) 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, by replacing a defunct.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) in the event of real estate-construction covered by notifications formulated according to the procedures laid down in chapter II. III and to whom were added, horizontally and/or vertically in relation to the original form, additional bodies in its own right, the former owner or, where appropriate, their heirs, shall be reimbursed, in nature, in the area at the time of the passage of property owned by the State.
  

(3) the holder of a surface property law has assumed added of pre-emption when buying returned to the surface of the former owner or, where appropriate, the provisions of articles on his heir. 17 being applicable in such cases regardless of the quality of the licensee.
  

(4) the new owner of the property shall be returned to the surface according to para. (2) a right of pre-emption when buying surface property after its passage added in the property of the State, article 4. 17 para. (2) and (3) being applicable as appropriate.
  


Article 20 (1) persons who have received compensation in accordance with the law No. 112/1995, as amended, may apply for the restitution in kind only if the property was not sold until the date of entry into force of this law, and only after the return of the sum representing the compensation received, updated with the index of inflation.
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Alin. (1) of article 1. 20 was modified by point 7 of article. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

(2) where the property was sold in compliance with the provisions of law No. 112/1995, as amended, the person entitled shall be entitled only to remedies by an equivalent to the market value of the whole property, appropriate land and construction, as established by the international valuation standards). If persons entitled to compensation were received under the provisions of law No. 112/1995, as amended, they are entitled to the difference between the amount collected, updated with the inflation index, and the corresponding value of the real estate market.
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Alin. (2) of article 9. 20 was modified by point 7 of article. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2 ^ 1) where property has been sold in compliance with the provisions of law No. 112/1995, as amended, tenants who have bought in good faith and in living buildings whose sale/purchase contracts have been terminated, either as a result of an action, whether as a result of an action claiming, by final and irrevocable judgment, entitled to the priority of a dwelling housing funds managed by local councils and/or Ministry of development , Public works and housing).
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Alin. (2 ^ 1), art. 20 was introduced by section 8 of article. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Under Government Emergency Ordinance nr. 221/2008, Ministry of development, public works and housing was reorganized into the Ministry of regional development and housing.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2 ^ 2) persons referred to in paragraph 1. (2 ^ 1) have the right to live with rent in these buildings and you buy, the amount you have paid for the purchase of property nationalized and subsequently was returned to the owner being is through market-level upgrade, advance to the new building.
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Alin. (2 ^ 2) of art. 20 was introduced by section 8 of article. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.
(2 ^ 3) Until such housing, renters evicted can benefit from the assignment of some of the housing estate owned or available in the administration of the autonomous public corporation «Heritage State Protocol Administration». The rent for these dwellings shall be determined according to the provisions of Emergency Ordinance of Government No. 40/1999 concerning the protection of tenants and rent setting for spaces with housing destination, approved with amendments and completions by law No. 241/2001, as amended.
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Alin. (2 ^ 3) of art. 20 was introduced by section 8 of article. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

(3) in the cases referred to in paragraph 1. (2) remedial action through the equivalent compensation with other goods or services provided by the entity invested according to this law the notification, with the consent of the person entitled, or countervailing measures in accordance with the law concerning the measures for the completion of the process of restitution in kind or through equivalent of real estate taken improperly, in the period of the Communist regime in Romania).
  

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Alin. (3) art. 20 c was modified. the article) 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, by replacing a defunct.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (4) persons who do not have legitimate requests under the provisions of law No. 112/1995, and those whose applications have been rejected or have been settled before the date of entry into force of this law shall have the right to make such a request under this law.
  

(5) in the case of property referred to in paragraph (2) remedial action as is granted or, as the case may be, shall be proposed by the Mayor, and the Mayor of the municipality of Bucharest).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter III, article 21 refund Procedure


(1) land and Buildings-Construction-taken improperly, regardless of destination, which are held at the date of entry into force of this law by an independent company, directing or national company, a company to which the State or an authority of Central or local public administration is the majority shareholder, associated times a cooperative property or any other legal person governed by public law will be returned to the person entitled, in kind, by decision or, where appropriate, through the provision of the management organs of the unit holder.
  

(2) the provisions of paragraphs 1 and 2. (1) are applicable in the case in which the State or a local public authority or a central organization or cooperative property is a shareholder or member of a minority that owns the property, if the value of shares held is greater than or equal to the value of the property whose restitution in kind is required.
  

(3) After the issue of the decision to refund the nature of real estate, the managing bodies of the companies referred to in paragraph 1. (1) and (2) shall proceed according to the provisions of law No. 31/1990 on the companies, republished, reduce social capital with real estate value returned, and the recalculation of heritage. Share participation of the State or public administration authority or, as the case may be, of the cooperative organization will diminish the real estate value returned.
  

(4) in the case of real estate owned by the repayment of administrative-territorial units in kind or through equivalent by the person entitled shall be made by the mayors, the Mayor of the municipality of Bucharest, or, where appropriate, the President of the County Council).
  

(5) on pain of nullity absolute, until the resolution of administrative procedures and, where appropriate, legal action, generated by this law are forbidden the alienation, lease, management, location Association ventures, leases, mortgages, and any lease or sublease the benefit of a new tenant, change the destination, at with loads in all forms of real estate-land and/or building notified under the provisions of this law.
  

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Alin. (5) article. 21 was modified by art. 1 of law No. 135 of 15 October 1986, published in MONITORUL OFICIAL nr. 753 of 16 October 2014.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 22 (1) the person entitled shall notify within 6 months) from the date of entry into force of this law the legal entity holding, requesting a refund of the property in kind. Where are required more real estate, it will make one notification for each building.
  

(2) the notification shall contain the name and address of the person notified, the identification of the person entitled, the particulars of the asset building requested, as well as the estimated value of it.
  

(3) notification will be communicated through the bailiff's Court in whose territorial jurisdiction, the immoveable property is requested or in whose constituency is the legal person holding real estate. The bailiff will post notification and a person will be notified within 7 days from the date of registration.
  

(4) notification of registered full proof before any authority, natural person or legal entity, to comply with the time limit laid down in paragraph 1. (1) even if it was addressed to other units than the one that owns the real estate.
  

(5) failure to observe the time limit of 6 months *) for sending notification entice loss of right to seek legal remedies in nature or through equivalent *).
  

— — — — — — — — — — — *) 6 months has been extended successively through the Government Emergency Ordinance nr. 109/2001 and by Government Emergency Ordinance nr. 145/2001.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 23 documents of ownership or, as the case may be, of the quality of Member or shareholder of the legal person, as well as, in the case of heirs, those that attest to this quality and, where applicable, records that describe the construction of the demolished and any other document necessary for assessing claims for refund arising from this law, may be submitted no later than the date of notification of the resolution.


Article 24 (1) in the absence of evidence to the contrary, the existence and, where appropriate, the extent of ownership, shall be presumed to be the normative act or recognized by the authority which ordered the abusive takeover or measure was put into execution the measure unfair takeover.
  

(2) for the purposes mentioned in paragraph 1. (1) and in the absence of evidence to the contrary, the person in accordance with the Act or by the authority by which it was ordered or, if appropriate, to put in execution the measure unfair takeover is alleged that owning rental property under the name of the owner.
  


Article 25 (1) within 60 days after the registration of the notification or, where appropriate, the date on which the supporting documents under art. 23 unit holder is obliged to rule, by decision or, where appropriate, by motivated, on the request of refund.
  

(2) the person entitled has the right to argue in front of the management organs of the unit holding the application for restitution in kind. To that end he shall be invited in writing in a timely manner, to take part in the work of the management organ of the unit holder.
  

(3) the decision or, where appropriate, the disposal of the person entitled shall communicate the reasons therefor, no later than 10 days from the date of its adoption.
  

(4) the decision or, where appropriate, the disposal of property in kind provides evidence of ownership thereof, the person entitled has conclusive force of an authentic entered and shall be enforceable for putting in possession after the realisation of real estate advertising.
  

(5) Owners of which, through the administrative procedures provided for in this law, they have been repaid in kind required buildings will conclude with their current holders a protocol for fetching, necessarily, within 30 days from the date of final decision remaining/refund disposition, after which, if the Protocol has not been signed, this will end the bailiff a report of findings of unilateral takeover of real estate.
  

(6) the decision or, where appropriate, the provision laid down in paragraph 1. (4) there shall be enforced within three years from the date of receipt by the person entitled.
  

(7) the provisions of paragraphs 1 and 2. (1) to (6) are applicable provisions issued by mayors or, as the case may be, of the Presidents of the county councils under art. 21. 4. In article 26 (1) if the return in kind is not possible, the owner of the building or, where appropriate, the entity invested according to this law the notification is required by the decision or, where appropriate, by motivated, within the time limit provided for in art. 25 para. (1), the person entitled to the compensation given to other goods or services or to propose the grant of the compensatory measures in accordance with the law concerning the measures for the completion of the process of restitution in kind or through equivalent of real estate taken improperly, in the period of the Communist regime in Romania, where the measure of compensation for this is not possible or is not accepted by the person entitled *).
  

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Alin. (1) of article 1. 26 c was modified. the article) 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, by replacing a defunct.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) the provisions of paragraphs 1 and 2. (1) are applicable in the case of property disposed of by the legal entities referred to in article 1. 21. (1), (2) and (4).
  

(3) the decision or, where appropriate, of the notification of refusal motivated or demand restitution in kind may be appealed by the person claiming to be entitled to the civil court in whose district it is situated the unit holder or, where appropriate, of the entity entrusted with the settlement of the notice, within 30 days of the communication. Judgment of the Court is subject to appeal, which is within the competence of the Court of appeal.
  

— — — — — — — — — — —-. (3) art. 26 was modified by art. XII of the law. 202 of 25 October 2010, published in MONITORUL OFICIAL nr. 714 of 26 October 2010.


(4) where a reasoned resolution available demand restitution in kind is contested in court by the person entitled, according to the evidence on file, the entity issuing the disposal will adopt a position with regard to trial them. Also, the entity issuing the disposition will be decided, motivated, case by case, whether it will exercise the remedies provided by law, if the solutions given by the courts of law.
  

(5) where the accepted offer consists in the real estate, the provisions of article 362 are applicable. 25 para. 4. (6) where the accepted offer consists of movable property or services, are applicable to the provisions of the common law in this area, as appropriate.
  


Article 27 (1) the provisions of article 4. 25 are applicable in a situation in which the legal person was notified only partly owns real estate. In this situation the legal entity holding will issue a reasoned decision for restitution only for that portion of the building which it owns.
  

(2) the legal person will be notified to the person entitled all data concerning natural or legal person holding the other parts of the building. At the same time will annex to communication and children from acts of transfer of ownership or, as the case may be. If you do not hold this data entity will communicate this fact to be notified to the person entitled.
  

(3) the communication referred to in paragraph 1. (2) and, where appropriate, the documents annexed to the person entitled shall be transmitted by registered letter with acknowledgement of receipt.
  

(4) the period of 6 months *); 22 paragraph 1. (1) stream in this case from the date of receipt of the communication referred to in paragraph 1. (3). — — — — — — — — — — *) the term has been extended. See footnote to article 1. 22 paragraph 1. 1. (5) the provisions of paragraphs 1 and 2. (2), (3) and (4) shall apply accordingly if the notified unit does not hold even in part the property requested, but communicate the identification of the person entitled to the unit holders.
  

(6) the provisions of article 4. 26 shall apply accordingly.
  


Article 28 (1) if the person entitled does not know real estate holder requested, notification will be sent to the Town Hall in whose RADIUS the immoveable property Bucharest City Hall, respectively. Term of 6 months *); 22 paragraph 1. (1) stream, where applicable, from the date of entry into force of this law or of the date of receipt of the communication referred to in article 1. 27(2). (3). — — — — — — — — — — *) the term has been extended. See footnote to article 1. 22 paragraph 1. (1) and (2) within 30 days, the Mayor's Office notified shall be required to identify the unit holder and to communicate the particulars of the person entitled to it.
  

(3) if the holder has not been identified, the person entitled may call in the State, through the Ministry of public finance, within 90 days from the date on which the period expired as provided for in paragraph 1. (1) if he has not received communication from the Council or from the date of communication, requesting the refund or, where appropriate, remedies through equivalent forms provided for by the present law *).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the term has been extended. See footnote to article 1. 22 paragraph 1. (1.) ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Note ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ articles 29 (1) to some heritage buildings highlighted in privatized companies other than those referred to in article 1. 21. (1) and (2), persons holding entitlement are entitled to compensatory measures in accordance with the law concerning the measures for the completion of the process of restitution in kind or through equivalent of real estate taken improperly, in the period of the Communist regime in Romania, corresponding to the market value of property required *).
  

--------------
Alin. (1) of article 1. 29 c was modified. the article) 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, by replacing a defunct.

(2) the provisions of paragraphs 1 and 2. (1) are applicable and where buildings were disposed of.
  

(3) in the case of property referred to in paragraph (1) and (2), remedial action as is proposed by the public institution or, where appropriate, privatization has been carried out, the provisions of art. 26 para. (1) being properly applicable.)
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (4) in the event of real estate taken over with valid title, disposed of in any form of Central or local public administration, the person entitled shall notify its governing bodies. In such cases, remedial action will be the equivalent compensation with other goods or services provided by the entity invested according to this law the notification, with the consent of the person entitled, or countervailing measures in accordance with the law concerning the measures for the completion of the process of restitution in kind or through equivalent of real estate taken improperly, in the period of the Communist regime in Romania *).
  

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Alin. (4) article. 29 c was modified. the article) 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, by replacing a defunct.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 830 on July 8 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008 was the exception of unconstitutionality of the provisions of art. I, section 60 of title I of law No. 247/2005 on the reform in the areas of property and justice, as well as some accompanying measures, and it was found that by repealing the phrase "buildings taken over by way of true" in art. 29 para. (1) of law No. 10/2001, it violates the provisions of article 4. 15 para. (2) and article 3. 391. (1) of the Constitution.

On the basis of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005, law No. 10 of February 8, 2001 was republished in the Official Gazette nr. 798 of 2 September 2005, so that article 27 of law No. 10 of February 8, 2001, republished in the Official Gazette nr. 279 of 4 April 2005 becomes art. 29 in the last form mentioned law. republished

According to art. 147 of the Constitution of ROMANIA republished in Official Gazette No. 767 of 31 October 2003, the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, during the July 24, 2008-September 7, 2008, the provisions cited above were suspended by operation of law, having ceased in legal effect, as of September 8, 2008, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Note ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 30(1) Repealed.
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Art. 30 was repealed by section 6 of article. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.


Article 31 (1) the persons referred to in art. 3 paragraphs 1 and 2. (1) (a). b) are entitled to compensatory measures in accordance with the law concerning the measures for the completion of the process of restitution in kind or through equivalent of real estate taken improperly, in the period of the Communist regime in Romania.
  

--------------
Alin. (1) of article 1. 31 was amended by subparagraph (a). the article) 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 from May 17, 2013.

(2) the provisions of paragraphs 1 and 2. (1) do not benefit from natural or legal persons who have received compensation up to the date of entry into force of this law, pursuant to article. 5. (3) remedial action through the equivalent of paragraph 1. (1) the amount is recalculated after proposing actions, by reasoned decision of the authority for State assets recovery *).
  

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Alin. (3) art. 31 was amended by art. 1 of law No. 302 of 6 October 2009 published in Official Gazette No. 680 of 9 October 2009.

Notă



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According to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (4) Recalculation of the value of the shares is based on the net asset value of the last balance sheet with the use of update set by National Bank of Romania by the order No. 3/2001 concerning the value of the coefficient of the lion update of 11 June 1948 until 14 February 2001 and inflation index established by the National Institute of statistics, as well as of the provisions of law No. 303/1947 to recalculate stock companies patrimony, where is its balance sheet previously. The upgrade is performed up to the date of 14 February 2001.
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Alin. (4) article. 31 was amended by art. 49 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, by replacing a defunct.

(5) within 30 days after the date of entry into force of this law the National Bank of Romania will set the value of the coefficient of the lion's share of 11 June 1948 until the date of entry into force of this law.
  

(6) within 60 days of receipt of the request of the person entitled or the extended deadline in accordance with art. 28 *) public institution involved in privatization will be established through decision or, where appropriate, by motivated actions amount recalculated.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the reference refers to the ancient art. 28 of law No. 10/2001, as republished in the Official Gazette of Romania, part I, no. 279 of 4 April 2005, which was repealed by article. I, point 65 of title I of law No. 247/2005 on the reform in the areas of property and justice, as well as accompanying measures.

Article 28 repealed, as follows: "Art. 28. (1) within 60 days of receipt of the request of the person entitled to the governing bodies of public institutions involved in privatization, as referred to in art. 27(2). (2) cooperative organization, respectively. 27(2). (4), shall establish by decision or, where appropriate, by motivated and reparative measures value corresponding to agreed by negotiation.

(2) the period of 60 days referred to in paragraph 1. (1) may be extended only upon the request of the person entitled, the completion of the necessary evidence, or in the event of impossibility of the presentation of the person entitled, as evidenced with the entries. The extension in order to supplement the evidence required may not exceed 18 months from the date of the notification under penalty of resolution of the application on the basis of supporting documents existing on the record. "
  

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 32 (1) in the case of buildings-building demolished, the notification made by the person entitled shall be settled according to art. 10 or 11 by the Mayor's administrative and territorial unit in whose RADIUS has been building, and the Mayor of the municipality of Bucharest.
  

(2) the provisions of article 4. 22-28 shall apply accordingly.
  


Chapter IV Liability and sanctions Article 33 violations of the provisions of this law shall entail, if necessary, administrative, disciplinary, administrative, civil or criminal.


Article 34 the abusive Exercise of the right to submit notifications for the purposes of refund pursuant to this law shall entail civil liability for the damage caused.


Article 35 the Act to notify the legal person holding property, knowing that it is not entitled under this law to the remedies, in order to prevent the conclusion of legal acts of disposal thereof or of the legal acts within the framework of the privatization process, if it has caused a damage, constitutes infringement and is punishable with imprisonment from three months to three years or by a fine.


Article 36 Repealed.
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Art. 36 was repealed by article. 89 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 37 Repealed.
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Art. 37 was repealed by article. 89 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 38 (1) failure to comply with the obligations provided for in this law shall entail liability in contravention of local government authority, or of the institution or, as appropriate, of society or of autonomous public corporation cooperative organization to which it is the responsibility of these obligations.
  

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Alin. (1) of article 1. 38 was modified by art. 44 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 from May 17, 2013.

(2) the following acts Constitute offences: a) undue delay in the resolution of the notification of the person entitled;
  

b) violation of the obligation set out in article 11. 25 para. (2) second sentence;
  

c) violation of the obligation set out in article 11. 25 para. (3);
  

d) violation of the obligation set out in article 11. 25 para. (5);
  

e prohibition of disposal) violation as required by art. 21. (5). f) violation of the obligation set out in article 11. 1 (1). (5);
  

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Lit. f) of paragraph 2. (2) of article 9. 38 was introduced by point 7 of article. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

g) violation of the obligation set out in article 11. 6 paragraph 1. (5);
  

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Lit. g) of paragraph 1. (2) of article 9. 38 was introduced by point 7 of article. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

h) breach of the prohibition laid down in article 21. 10 para. (11).
  

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Lit. h) of paragraph 1. (2) of article 9. 38 was introduced by point 7 of article. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.
(2 ^ 1) Constitutes contravention and shall be sanctioned with a fine of 5,000 lei (RON) at 10,000 lei (RON) the following acts, if they were not committed in such a way that conditions under the law are to be considered as crime: preventing times evasion of inspection, access control bodies are empowered or required documents from them.
— — — — — — — — — — —-. (2 ^ 1), art. 38 was introduced by section 8 of article. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.
(2 ^ 2) Where it considers it appropriate supervisory body, the police, the gendarmerie or other officials of the public force, as appropriate, shall be required to grant contest for obtaining data and information needed to control activities, as well as for carrying out any other activities required for this purpose.
— — — — — — — — — — —-. (2 ^ 2) of art. 38 was introduced by section 8 of article. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

(3) the acts referred to in paragraph 1. (2) (a). a)-(d)) shall be imposed with a fine from 500 lei (RON) at 5,000 lei (RON). The acts referred to in paragraph 1. (2) (a). e) shall be imposed with a fine from 50,000 lei (RON) to 100,000 lei (RON). The acts referred to in paragraph 1. (2) (a). f) and (g)) shall be imposed with a fine from 2,000 lei (RON) at 3,000 lei (RON), and the acts referred to in paragraph 1. (2) (a). h) shall be imposed with a fine from 50,000 lei (RON) to 100,000 lei (RON).
  

— — — — — — — — — — —-. (3) art. Amended 38 of point 9 of article. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

(4) in the case of companies, the companies referred to in article 1. 21. (1) and (2), cooperative organizations, ministries and other central public institutions, finding contraventions and penalties incumbent national authority for Restitution, through its control of the body.
  

(5) in the case of local public administration authorities located on area of Bucharest, respectively, finding contraventions and penalties have been devolved control bodies, namely the control Body within the national authority for Property Restitution or prefect of Bucharest or county or persons designated by them within the institution of prefect.
  

— — — — — — — — — — —-. (5) article. 38 has been amended by section 1 of article. 1 of law No. 263 of 27 June 2006, published in MONITORUL OFICIAL nr. 572 of 3 July 2006.

(6) the activity of the County prefect of Bucharest, mentioned in paragraph 1. (5) it is inspected by the national authority for Property Restitution, through its control of the body. To the extent that it finds the failure or improper fulfillment of the obligations referred to in paragraph 1. (5) the Minister of administration and Interior, appropriate measures.
  


Article 38 ^ 1


(1) local public administration authorities and Central, as well as other entities invested the notifications shall be obliged to make available to the supervisory bodies, namely the control body within the national authority for Property Restitution or, where appropriate, the prefect of the county or municipality of Bucharest or persons designated by them within the institution of prefect, the refund applied for, and any documents relating to the refund applied for under this Act.
  

— — — — — — — — — — —-. (1) of article 1. 38 ^ 1 was amended by paragraph 2 of article 9. 1 of law No. 263 of 27 June 2006, published in MONITORUL OFICIAL nr. 572 of 3 July 2006.

(2) legal Representatives of entities invested the notifications are required to designate the period of lack of an institution or society, or by money order/decision is available, a person to make available to the inspection Body within the national authority for Property Restitution or the prefect of Bucharest or county or persons designated by them within the prefect institution documents required by them to carry out.
  

— — — — — — — — — — —-. (2) of article 9. 38 ^ 1 was amended by paragraph 2 of article 9. 1 of law No. 263 of 27 June 2006, published in MONITORUL OFICIAL nr. 572 of 3 July 2006.

(3) the authorities of local public administration, as well as other entities involved in the resolution of the notifications submitted under the provisions of this law shall be obliged to communicate monthly restitution situation prefectures.
  

(4) the authorities of central public administration, as well as the prefectures are obliged to inform the National Authority monthly Restitution restitution situation.
  

(5) violation of the obligation provided for in paragraph 1. (2), (3) and (4), as well as failure or erroneous communication of data provided for in paragraph 1. (3) and (4) constitutes the irregularity, attracting fine institution sanctioning the driver from 3,000 RON at 10,000 lei (RON).
  

— — — — — — — — — — —-. (5) article. 38 ^ 1 was amended by paragraph 2 of article 9. 1 of law No. 263 of 27 June 2006, published in MONITORUL OFICIAL nr. 572 of 3 July 2006.
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Art. 38 ^ 1 was introduced by the pct, article 11. in title I of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.


Article 39 the provisions of art. 38 supplemented the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.


Non-compliance with the obligation laid down in article 40 to article 42. 25 para. (5) the obligation of the holder to whom the lure returns this obligation to pay the new owner an amount calculated on the day representing the counterpart to the lack of use of the property returned.


Chapter V transitional and final Provisions Article 41 (1) Damage caused to buildings and people who are the subject of this Act after the coming into force and until the time of actual teaching by the person entitled to be borne by the holder of the building fall.
  

(2) the owner of the building, in the presence of the person entitled, will conclude a Protocol relating to the status quo of the property, within 15 days from the date of the request.
  

(3) in the event of the owner of the building of the period referred to in paragraph 1. (2), the person entitled may address the bailiff who will prepare the minutes relating to the real situation of the real estate.
  

(4) In order to recover the costs incurred by the person entitled to draw up the minutes concerning the facts of the real estate through the bailiff authenticated copies of the minutes shall be enforceable against licensee.
  


Article 42 (1) Stipulates that the procedures laid down in chapter II. (III) No person or entity shall be entitled persons remain in the administration of current holders.
  

(2) Buildings with destination other than the dwelling, specified in paragraph 2. (1) you can dispose of according to the laws in force. Title holders with valid at the date of entry into force of this law shall have the right of pre-emption.
  

(3) Buildings intended for housing referred to in para. (1) can be disposed of according to the laws in force, the tenants entitled to pre-emption.
  

(4) amounts received as a result of the sale of the property referred to in paragraph 1. (3) will feed the Fund referred to in article 1. 13(2). 6 of law No. 112/1995.
  


Article 43 Repealed.
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Art. 43 was repealed by point 9 of article. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.


Article 44 (1) persons to whom it was returned in kind a building intended as housing and holding in the same locality rented housing from the State housing stock are obliged to make available at the time this City Hall housing the actual transfer of the property returned. Housing from the State housing stock is issued to a particular dwelling intended tenants from buildings returned to former owners.
  

(2) families with funds below the level of minimum income, invalids, pensioners and people with disabilities will provide social housing built from a fund set up by 2% share of the amounts obtained from privatisation and that will be provided annually in the State budget law.
  


Article 45 (1) the legal acts of disposal, including those made in the process of privatization, with the object of immovable property falling within the provisions of this law shall be valid if they have been completed in compliance with the laws in force at the date of disposal.
  

(2) the legal acts of disposal, including those made in the process of privatization, with the object of immovable property taken without a valid title, considered thus before entry into force of law No. 211/1998, as amended and supplemented, are hit by absolute nullity, unless the Act was concluded in good faith.
— — — — — — — — — — —-. (2) of article 9. 45 was amended by paragraph 10 of article 10. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.
(2 ^ 1) Sale/purchase contracts concluded pursuant to law No. 112/1995, as amended, are authentic instruments and constitute proprietary title enforceable against them by the closing date.
— — — — — — — — — — —-. (2 ^ 1), art. 45 was introduced by the pct, article 11. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

(3) Repealed.
  

— — — — — — — — — — —-. (3) art. 45 was repealed by item 12 of article. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

(4) the legal acts of disposal, including those prepared within the framework of the privatization process, involving the real estate taken over by way of valid, are hit by absolute nullity if it were concluded in violation of the mandatory provisions of the laws in force at the date of disposal.
  

(5) by way of derogation from the general law, regardless of the cause of invalidity, the right to action be brought more than one year *) from the date of entry into force of this law.
  

— — — — — — — — — — *) one-year Term has been extended successively through the Government Emergency Ordinance nr. 109/2001 and by Government Emergency Ordinance nr. 145/2001.


Article 46 (1) the provisions of this law shall apply in the case of shares in the course of his judgment, the person entitled and can choose the path of these laws, giving up proceedings or requesting the suspension of the case.
  

(2) in the case of actions brought under art. 45 and 47, the refund procedure commenced under this Act is suspended until resolution of those actions by final and irrevocable judgment. The person entitled shall immediately notify the person notified, according to art. 22 paragraph 1. 1. (3) if the person entitled has been rejected by final and irrevocable judgment, action on restitution in kind of the goods requested, the time limit for notification referred to in article 1. 22 paragraph 1. (1) run from the date of the remaining final and irrevocable judgment.
  

(4) the person entitled has the obligation to follow the path laid down by this law, after its entry into force. The provisions of this law shall apply with priority.
  

— — — — — — — — — — —-. (4) article. 46 was introduced by the pct, article 13. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.


Article 47 Ceased legal effects.
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Art. 47 ceased legal effect according to the DECISION of the CONSTITUTIONAL COURT No. 1,055 of 9 October 2008, published in MONITORUL OFICIAL nr. 737 of 30 October 2008.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 1,055 of 9 October 2008, published in MONITORUL OFICIAL nr. 737 of 30 October 2008 was the exception of unconstitutionality of the provisions of art. 47 of the law nr. 10/2001 concerning the legal status of some buildings taken improperly from 6 March 1945-22 December 1989, it was found that these provisions are unconstitutional.


According to art. 147 of the Constitution of ROMANIA republished in Official Gazette No. 767 of 31 October 2003, the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, during the October 30, 2008-December 14, 2008, the provisions cited above were suspended by operation of law, having ceased in legal effect, as from 15 December 2008, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 48 (1) Tenants are entitled to compensation for the increase in property value brought to housing through improvements needed and useful.
  

(2) whether the building has been taken over with a valid title or no title, obligation of compensation referred to in paragraph 1. (1) the responsibility of the person entitled.
  

— — — — — — — — — — —-. (2) of article 9. Amended 48 of point 14 of article. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

(3) Repealed.
  

— — — — — — — — — — —-. (3) art. 48 was repealed by point 15 of article 2. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

(4) the amount of compensation referred to in paragraph 1. (1) shall be determined on the basis of expertise.
  

(5) for the purposes of improvements Through this law, means expenses needed and useful. The amount of compensation shall be fixed at the present value of costs, reduced wear of improvements in relation to normal life thereof, which shall be borne by the tenant.
  


Article 49 Secretaries of administrative territorial units shall take measures for the conservation of all dossiers built up by enforcement committees No. 112/1995, will issue, upon request, copies of existing laws on record and will give the relationships required by the entitled persons.


Article 50 (1) Claims or legal actions, as well as the transcription or tabulation of the property titles, relating to the application of the provisions of this law and of the goods covered by it, shall be exempt from stamp duty.
  

(2) Claims or legal actions concerning the refund of the price paid for upgraded tenants whose sales contracts concluded with the circumvention of the provisions of law No. 112/1995, were abolished by final and irrevocable judgments shall be exempt from stamp duty.
  

(2 ^ 1) Claims or legal actions involving the restitution of the price of real estate, contracts of sale concluded in compliance with the provisions of law No. 112/1995, as amended, which were abolished by final and irrevocable judgment, shall be exempt from stamp duties.
— — — — — — — — — — —-. (2 ^ 1), art. 50 was introduced by paragraph 16 of article. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

(3) Refund the price referred to in paragraph 1. (2) and (2 ^ 1) is done by the Ministry of economy and finance) from extra-budgetary fund established pursuant to article 4. 13(2). 6 of law No. 112/1995, as amended.
— — — — — — — — — — — — *) Under Government Emergency Ordinance nr. 221/2008, activity and specializing in economic structures were taken over from the Ministry of economy and Finance of the Ministry of the economy, while activity and structures specializing in finance were taken over from the Ministry of economy and Finance of the Ministry of public finance.
— — — — — — — — — — —-. (3) art. 50 was changed from point 17 of article. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.


Article 50 (1) ^ 1 whose Owners buying-selling contracts, concluded in compliance with the provisions of law No. 112/1995, as amended, were abolished by final and irrevocable judgment shall be entitled to a refund of the price of real estate, established in accordance with international valuation standards).

(2) the amount of compensation referred to in paragraph 1. (1) is established by the survey.
  

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Art. 50 ^ 1 was introduced by the pct, article 18. 1 of law No. 1 of January 30, 2009, published in MONITORUL OFICIAL nr. 63 of 3 February 2009.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to subparagraph (a). b) art. 50 of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 17 may 2013, any provisions relating to assessing international valuation standards and the extent of repair of the compensation with other goods or services provided for in the law. 10/2001, republished, with amendments and additions thereto, is hereby repealed.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 51 In organizing the execution of the provisions of this law, the Government is empowered to issue detailed rules for the application of it.


Article 52 at the date of entry into force of the present law shall repeal any other provisions to the contrary.
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Art. 52 amended by CORRECTION No. 10 of February 8, 2001, published in MONITORUL OFICIAL nr. 914 of 12 October 2005.
Note: see Title II of Government Emergency Ordinance nr. 184/2002.


Annex 1 list of agreements concluded by Romania with other States on the regulation of financial problems in the suspension) agreement between Romania and the Republic of Austria, signed at Bucharest on 3 July 1963, entered into force on 27 April 1965, ratified by Decree No. 784 of 31 December 1963, published in the Official Gazette, part I, no. 25 of 31 December 1963 b) agreement between the Government of Romania, on the one hand, and the Government of the Kingdom of Belgium and the Grand Duchy of Luxembourg, on the other hand, signed in Bucharest on 13 November 1970, entered into force on 9 September 1971 and approved by H.C.M. nr. 197 March 2 1971 c) agreement between Romania and the Kingdom of Denmark, signed at Bucharest on 17 March 1960, entered into force on 12 September 1960, ratified by Decree No. 173/1960, published in the Official Gazette, part I, no. 8 of June 17, 1960 d) agreement between Romania and the French Republic, signed at Bucharest on 9 February 1959, entered into force on the date of signing, ratified by H.C.M. nr. 353 e on 25 March 1959) agreement between Romania and Greece, signed at Athens on September 2, 1966, entered into force on the date of signing, ratified by Decree No. 956 on 30 November 1966, published in the Official Gazette, part I, no. 76 of 6 December 1966) agreement between Romania and the Government of Italy, signed in Rome on 23 January 1968, entered into force on 7 March 1972, ratified by Decree No. 569 of 4 July 1968, published in the Official Gazette, part I, no. 91 of 10 July 1968 g) agreement between the Government of Romania and the Government of the United Kingdom of Great Britain and Northern Ireland, signed at London on 10 November 1960, entered into force on the date of signing) agreement between Romania and the Kingdom of Norway, signed in Bucharest on 21 May 1964, entered into force on 5 April 1966, ratified by Decree No. 425 of 5 July 1965, published in the Official Gazette, part I, no. 22 of 9 July 1965) agreement between the Government of Romania and the Government of the Netherlands, signed at the Hague on 8 May 1967, entered into force on 31 July 1967, approved by H.C.M. nr. of 13 July 1967 1,645) agreement between the Government of Romania and the Government of the Republic of Turkey, signed at Bucharest on 22 June 1965, entered into force on 15 March 1967, ratified by Decree No. 623 of 19 august 1965, published in the Official Gazette, part I, no. 28 of august 20, 1965 k) agreement between the Government of Romania and the Government of Canada, signed in Ottawa on July 13, 1971, entered into force on 14 December 1971, ratified by Decree No. 373 18 October 1971, published in the Official Gazette, part I, no. 136 of 27 October 1971) agreement between Romania and the United States of America, signed at Washington, on 30 March 1960, entered into force on the date of signing) Any such other agreements concluded by Romania with other States on the regulation of financial problems in Annex 2 of the suspension) List of buildings covered by art. 16 of law No. 10/2001, reissued: 1. Real Estate occupied by units and educational institutions of the State (kindergartens, schools, lyceums, colleges, vocational schools, schools, colleges, higher education institutions) 2. Real estate occupied by the sanitary units and medico-social assistance to the public (nurseries, nursing homes for the elderly, hospital-hospitals, foster care, orphanages) 3. Buildings occupied by the Treasury, financial administration, ministries and other central public administration authorities, Prosecutor's offices, courts of law, tribunals, courts, police, border guard, jandarmerii, community public services for emergency situations, customs offices, national archives, houses the County directorates, health insurance, city halls, prefectures, local and county councils, school inspectorates;
— — — — — — — — — — — section 3; a) of annex 2 was amended by section 3 of article 9. 1 of law No. 263 of 27 June 2006, published in MONITORUL OFICIAL nr. 572 of 3 July 2006.
4. Real Estate occupied by public institutions of culture: theatres, operas, libraries, museums, culture centres, the Philharmonic.
— — — — — — — — — — — — (4); a) of annex 2 of the amended paragraph 2 of art. 1 of law No. 74 of 26 March 2007, published in MONITORUL OFICIAL nr. 215 of 29 March 2007.


b) List of buildings covered by art. 13(2). (2) of law No. 10/2001, reissued: 1. Real Estate occupied by the headquarters of political parties legally registered 2. Real estate occupied by the headquarters of diplomatic missions, consular posts, international organizations accredited intergovernmental representatives in Romania real estate occupied by their staff Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Note: we present below the provisions of art. II-VI of title I of law No. 247/2005, which are not incorporated in the text of the consolidated law No. 10/2001 and which still apply as provisions of law No. 247/2005: "Art. II.-(1) decisions or provisions in times, where applicable, the orders of the rulers of central public administration authorities, aimed at providing remedies for equivalent buildings. 391. (1) of law No. 10/2001 concerning the legal status of some buildings taken improperly from 6 March 1945-22 December 1989, republished, with amendments made by this title, issued before the date of entry into force of the present law and unused, can be appealed to the Court of first instance in civil Department whose territorial constituency head office unit holder, within 12 months from the date of entry into force of this law.

(2) judgment of the Court of first instance may be appealed to the Court of appeal.
  

Art. III *). -Legal documents involving the disposal of immovable property intended for residence, concluded after 14 February 2001 with breaking the prohibition laid down in article 21. 44 from Government Emergency Ordinance nr. 40/1999 concerning the protection of tenants and rent setting for spaces with housing destination, approved with amendments and completions by law No. 241/2001 with subsequent amendments, which have not been appealed against in the Court pursuant to article. 46 para. (1) of law No. 10/2001, reissued, may be appealed to the Tribunal civil in whose territorial RADIUS the immoveable property is notified within 12 months from the date of entry into force of this title or, where appropriate, from the date of the decision to the notice of the conclusion of the contract.

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*) Art. 46 para. (1) has become, as republished, art. 41 para. (1). IV *). -(1) where, after the entry into force of this Act, the undertaking referred to in article 1. 20 paragraph 1. (1) and (2) of law No. 10/2001 concerning the legal status of some buildings taken improperly from 6 March 1945-22 December 1989, republished, with amendments made by this title, and ceased to operate as a legal entity, the competence to settle the claim for refund returns entity that exercised on behalf of the State, the status of shareholder to the company.

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*) Art. 20 paragraph 1. (1) and (2) and article 3. 27(2). (1), (1 ^ 1) and (2) have become, as republished, art. 21. (1) and (2) and article 3. 29 para. (1), (2) and (3).

(2) In the situation referred to in paragraph 1. (1) the provisions of article 4. 27(2). (1), (1 ^ 1) and (2) of law No. 10/2001 concerning the legal status of some buildings taken improperly from 6 March 1945-22 December 1989, republished, with amendments made by this title shall apply accordingly.
  

Art. V.-(1) Notices of pending pending entry into force of this title, with the object of building, located near the settlements belonging to the farm and who was listed in State ownership, construction on the forest land that had been part of the holding at the date of transition forest owned by the State, will go forward in settling within 60 days communal commissions, city and municipal land fund established by law No. 18/1991, republished, with subsequent amendments and additions, and law No. 1/2000 for restoring ownership of agricultural land and forestry, required under the law of the Land Fund No. 18/1991 and Act No. 169/1997, with subsequent amendments and additions.

(2) the provisions of paragraphs 1 and 2. (1) shall apply accordingly to the lands referred to in art. 8 para. (1) of law No. 10/2001, reissued.
  

Art. VI *). -Buildings disposed of in violation of legal provisions, the object of legal acts abolished by final and irrevocable court decision, as notified in accordance with article 21. (1) of law No. 10/2001, reissued, shall be released into the wild. "

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**) Art. 21. (1) has become, as republished, art. 22 paragraph 1. (1).

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