LAW no. 10 of February 8, 2001 (republished ** **) (* updated *)
concerning the legal status of buildings abusively during 6 March 1945 - December 22, 1989 *)
(updated until February 12, 2016 *)
Issued
PARLIAMENT
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Note
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**
) Republished under art. VII of Title I of Law no. 247/2005 regarding the reform in property and justice, as well as additional measures, published in the Official Gazette of Romania, Part I, no. 653 of 22 July 2005, giving a new numbering.
Law. 10/2001 was republished in the Official Gazette of Romania, Part I, no. 279 of 4 April 2005.
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Chapter I General Provisions
Article 1
(1) The buildings abusively state, cooperative organizations or any other legal entity in March 6, 1945 - December 22, 1989 and taken over by the State under Law no. 139/1940
On requisitions and forfeited be returned in kind or equivalent, when restitution in kind is no longer possible under the present law *).
-------------- Alin. (1) art. 1 was amended by pt. 1 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(2) In cases where restitution in kind is not possible to be determined by the equivalent remedies. Remedies by equivalent will consist of compensation with other goods or services offered as equivalent by the entity invested under this law with the settlement notification, with the consent of the person entitled, or remedies under the law on measures to finalize restitution in kind or the equivalent of the buildings abusively taken during the communist regime in Romania *).
-------------- Alin. (2) art. 1 was amended by letter a) art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, by substituting a phrase.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(3) The remedies by equivalent consisting compensation with other goods or services is granted by decision or, where appropriate, the provision reasoned entity invested under this law to settle notification. Remedies equivalent consisting of compensatory measures under the law on measures to finalize restitution in kind or compensation, real estates abusively taken during the communist regime in Romania are proposed to be granted by decision or, where appropriate provision reasoned entity invested under this law to settle notification *).
-------------- Alin. (3) art. 1 was amended by letter a) art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, by substituting a phrase.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(4) The remedies by equivalent can be combined.
(5) Mayors or, where appropriate, entities vested with settlement leaders have an obligation to show monthly notifications within 10 days of the end of the calendar month preceding visibly a table covering goods available and / or, where appropriate, the services which may be granted compensation *).
---------------
Alin. (5) art. 1 was introduced pt. 1 of art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no. December 30, 2005 1,194
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 2
(1) For the purposes of this law, estate abusively means:
A) real estates nationalized by Decree no. 92/1950 for the nationalization of property, amended and supplemented by Law no. 119/1948 for the nationalization of industrial enterprises, banking, insurance, mining and transport, as well as other acts of nationalization;
B) buildings taken over by confiscation of property as a result of a judgment of conviction for political offenses prescribed by the criminal law committed as a manifestation of opposition to the communist totalitarian system;
C) buildings donated to the state or other legal entities under Decree no. 410/1948
On donaţiunea of graphic arts enterprises, Decree no.
478/1954 on state donations and the like, not completed in authentic form and buildings donated to the state or other legal entities, concluded in authentic form prescribed by art. 813 of the Civil Code, in the latter case if it upheld the action for annulment or nullity donation by a judgment final and irrevocable;
----------- Lit. c) the par. (1) art. 2 was amended by pt. 2 of art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no. December 30, 2005 1,194
D) buildings taken over by the state for unpaid taxes as a result of abusive measures imposed by the State in which the owner's rights could not be exercised;
E) buildings deemed to have been abandoned under an administrative regulation or a final judgment pursuant to Decree no. 111/1951 regulating the situation of any goods confiscated, seized or stray without heirs, and of goods which do not use budgetary institutions during the period 6 March 1945 - 22 December 1989
F) buildings taken over by the state based on laws or other laws unpublished since the takeover in the Official Gazette of Romania, Part I, or in the Official Bulletin;
G) buildings taken over by the State under Law no. 139/1940 on requisitions and not returned or whose owners have not received fair compensation *);
H) any other property taken by the state as valid, as defined in Art. 6 para. (1) of Law no. 213/1998 on public property and its legal status, as amended and supplemented;
I) any other property taken without valid title or without observing the legal provisions in force at the date of acquisition, as well as those taken without a legal basis by means of provision of local bodies of power and state administration.
(2) Repealed.
-------------- Alin. (2) art. 2 was repealed pt. 2 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 3
(1) are entitled, in the spirit of this law, to reparation consisting of restitution or, where appropriate, by equivalent *)
A) individuals, owners of buildings since the takeover abused them;
B) individuals, associates of legal entities owning real estate and other assets owned them since the takeover misused;
C) legal persons, owners of properties abusively state, cooperative organizations or any other legal person after March 6, 1945; entitlement to the remedies provided by this article is subject to continuing work as a legal person until the entry into force of this law or by the fact that their work that they have been banned or discontinued in March 6, 1945 - December 22, 1989, and they -and be resumed after 22 December 1989 if, by court order, are found to be the same person with the abolished or prohibited, and political parties whose activities were prohibited or suspended between March 6, 1945 to 1922 1989, if they have resumed under the law.
(2) Ministries, other public institutions of the State or territorial administrative units, including autonomous or independent, autonomous administrations, companies / national companies, state owned companies and privatized, under the law, have the status of entitled persons and not subject to this law.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 4
(1) Where reimbursement is required by several persons entitled asked co-owner of real estate ownership is detected or determined Shares in ideal, according to common law.
(2) The provisions of this law and the legal heirs or testamentary benefit of individuals entitled.
(3) successors, after March 6, 1945, did not accept the inheritance law are reinstated within the acceptance of succession for the goods covered by this law. The application for refund is worth acceptance of succession for the goods whose repayment is required under this Act.
(4) shares or testamentary heirs who did not follow the procedure laid down his head. III advantage other heirs entitled person who filed the request for refund within.
Article 5
(1) are not entitled to restitution or equivalent redress to persons who have received compensation under international agreements concluded by Romania on the regulation of financial problems in suspension, listed in Annex. 1 which is an integral part of this Law *).
(2) Para. (1) applies to people whose fortunes were illicitly acquired, in accordance with court decisions handed down by 6 March 1945. Both the Schedule. 1 of this law and court decisions shall be displayed on the website of the public authority with responsibilities in restitution.
-------------- Alin. (2) art. 5 was introduced pt. 3 of Art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
Article 6
(1) The estate, under this law, means land with or without buildings, with any of the destinations referred to the takeover abused and become movable property through incorporation into this building.
(2) The remedies concern and machinery and installations taken by the state or other legal persons with property, outside of where they were replaced, discarded or destroyed.
(3) In the situation provided in par. (2) restitution in kind will be ordered by decision or the disposal of the holding entity.
(4) Where the equipment and facilities required are highlighted in assets of privatized companies other than those referred to in art. 21 para. (1) and (2) after determining their value, by decision of the entity involved in privatization will propose the compensatory measures under the law on measures to finalize restitution in kind or compensation, real estates abusively during the communist regime in Romania.
-------------- Alin. (4) art. 6 was amended by letter a) art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, by substituting a phrase.
(5) In the situation provided in par. (4) to issue decision to repay the equivalent, at the request of the entity involved in privatization, the privatized companies will submit information on the existence and value of the machines, not later than 15 days from the date of receipt of the request *).
----------- Alin. (5) art. 6 was introduced pt. 3 of Art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no. December 30, 2005 1,194
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 7
(1) Typically, the buildings abusively be returned in kind.
(1 1) is not returned in kind but only in equivalent buildings that were alienated under Law no.
112/1995 regulating the legal status of property for housing owned by state, as amended, under the conditions required by law *).
-------------- Alin. (1 1) of art. 7 was introduced pt. 4 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
(2) If restitution in kind is possible, the person entitled may not opt for reparation by equivalent only in cases expressly provided by this Act *).
(3) In the event that certain buildings, vacant land located in the town requested by two of the persons entitled referred to in art. 3 paragraphs. (1) a), one of which is the former owner, who was over the land through abusive measures applied in the period after March 6, 1945, and the second person that has been assigned land at over from the former owner, and this land was subsequently taken over by abusive measures shown in art. 2 para. (1) shall be returned in kind to the former land owners, and those who were given land by land will also enjoy other equivalent redress under the law *).
(4) In the cases under par. (3) if the return in kind is not possible under the present law, both parties benefit entitlement equivalent redress *).
(5) is not returned in kind on buildings lands were alienated under the provisions of Law no. 112/1995
, As amended.
-------------- Alin. (5) art. 7 was introduced pt. 5 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 8
(1) not covered by this law lands located outside city limits since the takeover abusive or notification, and those whose legal status is regulated by the Land Law no. 18/1991, republished, as amended and supplemented, and the Law no. 1/2000 for the restoration of property rights over agricultural and forested land applied according to Law no. 18/1991 and Law no. 169/1997, as amended and supplemented.
(2) The legal regime of the buildings that belonged to religious cults taken by the state is regulated by Government Emergency Ordinance no. 94/2000 regarding the restitution of property that belonged to religious cults in Romania, republished).
(3) The legal regime of the buildings that belonged to communities of national minorities taken by the state is regulated by Government Emergency Ordinance no. 83/1999 regarding the restitution of property that belonged to communities of national minorities in Romania, republished).
(4) The legal regime of the buildings that belonged union assets taken over by the state or other legal entities will be regulated by special regulations.
Note
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*) Government Emergency Ordinance no. 94/2000 and Government Emergency Ordinance no. 83/1999 were republished in the Official Gazette of Romania, Part I, no. 797 of 1 September 2005.
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Chapter II restitution or reparation by equivalent
Article 9
Buildings abusively, no matter who is in possession far, is returned in kind in the state is the request for refund and free of any charges.
Article 10
(1) If abusively buildings whose construction built on them were totally or partially demolished, ordering the return of free land and remaining buildings demolished and the buildings demolished and the land occupied remedies are determined by equivalent *).
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(2) Where land abusively new constructions were erected authorized person entitled to secure the return of the remaining part of the land of the free and the occupied area of new construction, the affected legal servitudes , green spaces, as were established by art. 3 letter a) -f) of Law no. 24/2007
On the regulation and management of green spaces in urban area, republished, as amended and supplemented, and other public utility facilities of urban and rural equivalent remedies are established.
-------------- Alin. (2) art. Article 10 was amended. 48 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013.
(3) surrender such land which were built on unauthorized by law after January 1, 1990, and lightweight construction or dismantled.
(4) repay in kind including land affected by the construction without public investment works approved if their construction has not begun or approved works were abandoned.
(5) return to nature and the land on which subsequently unfair takeover were built construction authorized the holding entity no longer necessary, if the person entitled its pay compensation representing the market value of the building in question, established by international valuation standards *).
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(6) In the case of buildings abusively and whose constructions built on them were destroyed as a result of natural disasters, the person entitled to benefit from the return of free land. If land is not free, remedies for this are established in equivalent *).
(7) Para. (6) shall apply accordingly and buildings requisitioned under Law no. 139/1940 and whose construction built on has been destroyed during the war, if the owners have not received compensation.
(8) The corresponding amount of construction and demolition abusively is determined according to the market value of the settlement date of notification, according to international valuation standards established by the volume of information available to the assessor *).
(9) The value of land and the buildings demolished abusively, who can not repay in kind shall be determined according to the market value of the settlement date of notification, established according to international valuation standards *).
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(10) laid down in para. (1), (2) and (6) Remedies by equivalent will consist of compensation with other goods or services offered as equivalent by the entity invested under this law with the settlement notification, with the consent of the person entitled or remedies under the law on measures to finalize restitution in kind or compensation, real estates abusively taken during the communist regime in Romania *).
-------------- Alin. (10) of art. 10 was amended by letter a) art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, by substituting a phrase.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(11) is prohibited alienation or change of use of real estate whose restitution in kind is not possible due to its damage a public utility facilities. The prohibition subsist for a period of five years, calculated from the date of issuing the decision / provision providing equivalent redress the damage it motivated *).
----------- Alin. (11) of art. 10 was introduced pt. 4 of art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no. December 30, 2005 1,194
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 11
(1) expropriated buildings whose construction built on it is demolished will be returned in kind to persons entitled, if not sold, lawfully. If the person entitled to receive compensation, restitution in kind is subject to the repayment of an amount of compensation received value discounted at updating coefficient established under the laws in force.
(2) If the expropriated buildings were partially or totally demolished, but the works were executed for ordering the expropriation, free land be returned in kind with the remaining buildings and constructions demolished for redress are established equivalent *). If the person entitled to receive compensation, restitution in kind is subject to reimbursement of the difference between the compensation received and the value of buildings demolished as calculated documentation establishing damages, updated with the updating coefficient established under the laws in force.
(3) If the expropriated buildings were completely demolished and work for ordering the expropriation of land deals in part, the person entitled may obtain the return of the remaining part of the land free for the busy new construction approved affected the legal servitudes and other public utility facilities of urban and rural remedies settling in equivalent *). The provisions of art. 10 para. (3), (4), (5) and (6) shall apply accordingly.
(4) Where the work for which ordered the expropriation of land affected occupy the entire functional, equivalent remedies shall be established for the entire building *).
(5) expropriated and demolished construction value is determined according to the market value of the settlement date of notification, according to international valuation standards established by the volume of information available to the assessor *).
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(6) The value of the expropriated buildings, who can not repay their nature and associated land is determined according to market value of the settlement date of notification, established according to international valuation standards *).
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(7) laid down in para. (2), (3) and (4) the remedies equivalent is determined by subtracting the present value of compensation received for land or construction, the appropriate value of the portion of property expropriated - land and buildings - not to be surrendered in nature, established under paragraph. (5) and (6) *).
(8) In cases provided in par. (2), (3) and (4) Remedies by equivalent will consist of compensation with other goods or services offered as equivalent by the entity invested under this law with the settlement notification, with the consent of the person entitled or remedies under the law on measures to finalize restitution in kind or compensation, real estates abusively taken during the communist regime in Romania *).
-------------- Alin. (8) art. 11 was amended by letter a) art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, by substituting a phrase.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 12
If buildings owned by a cooperative organization, or any other legal person as stipulated in art. 21 para. (1), (2) and (4) if the person entitled to receive compensation, restitution in kind is subject to the repayment of an amount of compensation received value discounted at updating coefficient established.
Article 13
(1) If restituted buildings through administrative procedures provided by this law or by court order applicable provisions on leases contained in the Government Emergency Ordinance no. 40/1999 on the protection of tenants and determining the rent for the space for housing, approved with amendments by Law no. 241/2001, as amended and supplemented.
(2) leases for buildings having returned in kind to destinations shown in Annex. 2 letter b) pt. 2 which is an integral part of this Law shall be extended for a period of 3 years with the other terms of the contract renegotiations and lease contracts for buildings having returned in kind to destinations shown in Annex. 2 letter b) pt. 1 is extended for a period of one year with the other terms of the contract renegotiation.
Article 14
If the property returned through administrative procedures provided by this law or by court order subject to a tenancy, lease, rental management or joint venture, the new owner will be subrogated to the rights of the State or legal person owning, renegotiation other terms of the contract, if these contracts were concluded under the law.
Article 15
(1) Lease referred to in art. 6 of Government Emergency Ordinance no. 40/1999 shall be concluded for a period of 5 years. If the tenant shall provide suitable alternative accommodation, he is obliged to release immediately occupied dwelling.
(2) failure to conclude new lease in the case of art. 9 and 10 of Government Emergency Ordinance no. 40/1999, caused by disagreement over the amount of rent required by the owner or his claim to restrict the area housing for persons referred to in Art. 32 para. (1) of the ordinance, law draws extension of the lease by the fresh contract.
(3) For tenants of buildings individuals returned in kind, and those in housing provided in art. 26 para. (1) of the Emergency Government Ordinance no. 40/1999, whose net monthly income per family member is situated between average net monthly income economy and its double, the maximum rent can not exceed 25% of net monthly household income. The provisions of art. 31 para. (2) and art. 33 *) of the Emergency Government Ordinance no. 40/1999 shall apply accordingly. If the rent so calculated is less than that calculated according to art. 26-30 of Emergency Government Ordinance no. 40/1999, the owner is exempt from tax on land and building and is held liable for its obligations during the lease in question.
Note
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*) Art. 33 was repealed by Law no. 241/2001 approving Government Emergency Ordinance no. 40/1999 on the protection of tenants and determining the rent for the space for housing.
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(4) For persons with disabilities, persons stipulated in Law no. 42/1990 **) for honoring the martyr heroes and granting rights to their successors, the wounded and the fighters for the Revolution in December 1989, republished, with subsequent amendments, Law no. 44/1994 on war veterans and certain rights of the disabled and war widows, republished, as amended, and Decree-Law no. 118/1990 regarding the granting of rights to persons persecuted for political reasons by the dictatorship established with effect from 6 March 1945, and those deported abroad or imprisoned, republished, as amended, to the exchange mandatory referred to the head. II of the Emergency Government Ordinance no. 40/1999 provided housing must provide conditions similar to those in use dwelling owned.
Note
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**
) Law no. 42/1990 was repealed by art. 17 of Law no. 341/2004 published in the Official Gazette of Romania, Part I, no. 654 of 20 July 2004.
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(5) tenants whose leases were not renewed for reasons specified in art. 14 para. (2) a) and b) of the Emergency Government Ordinance no. 40/1999 priority to provision of facilities provided by the Housing Law no. 114/1996, republished, as amended and supplemented, as well as those provided by Law no. 152/1998 on the establishment of the National Housing Agency, as amended and supplemented.
Article 16
(1) If buildings with destinations shown in Annex. 2 letter a) forming part of this law, necessary and used exclusively and directly public interest activities, education, health or social-cultural, former owners or, where appropriate, their heirs reimbursed the property owned by the obligation of afectaţiunea maintained for a period of up to 3 years to those shown at pt. 3 of Annex. 2 letter a) or, where appropriate, up to 5 years from the issue date of the decision or disposition, to those shown at pt. 1, 2 and 4 of Appendix. 2 letter a).
-------------- Alin. (1) art. It amended by section 16. 1 of art. I of Law no. 74 of 26 March 2007, published in the Official Gazette no. 215 of 29 March 2007.
(2) In the meantime pay the related property maintenance under the responsibility of the owners. During the period under par. (1) the new owner will be the beneficiary of a rent in the amount established by Government decision.
----------- Alin. (2) art. 16 was amended by section. 5 of art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no. December 30, 2005 1,194
(3) The owners will take possession of immovable property returned no later than 5 years to recover ownership.
(4) If the owner provides another property properly compliant and legal requirements incidents under appropriate conditions of business conduct in para. (1) The user is obliged, within 90 days, to do the release.
Article 17
(1) The residents of buildings with destinations shown in Annex. 2 letter a) and lit. b) pt. 1, which is an integral part of this Law, have right of first refusal to purchase.
(2) This right may be exercised will lapse within 90 days of receipt of notification of the intention to sell.
(3) The notification shall be made by the bailiff law.
(4) Contracts of sale concluded with violation of the right of pre-emption is invalid.
Article 18
The remedies are established only in the following cases equivalent *)
A) the person entitled to the legal entity was associated with owning real estate and asset improperly retrieved date, unless the person or persons entitled sole shareholder was entitled associated were members of the same family;
B) the property does not exist after the entry into force of this Act, except buildings destroyed as a result of natural disasters;
C) the property was alienated to the provisions of Law no. 112/1995
, As amended.
-------------- Lit. c) art. Section 18 has been amended. 6 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 19
(1) If the buildings-constructions covered the notifications submitted under the procedures provided in the head. III and which have been added, horizontally and / or vertically in relation to the original form new bodies whose range carried totaled more than 100% of the area carried out initially and if the parties agree otherwise, the former owners are granted or where appropriate, propose remedial action by equivalent. Remedies by equivalent will consist of compensation with other goods or services offered as equivalent by the entity invested under this law with the settlement notification, with the consent of the person entitled, or remedies under the law on measures to finalize restitution in kind or the equivalent of the buildings abusively taken during the communist regime in Romania *).
-------------- Alin. (1) art. 19 amended by letter a) art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, by substituting a phrase.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(2) When the buildings-constructions subject to notifications submitted under the procedures provided in the head. III and which have been added, horizontally and / or vertically in relation to the original shape bodies more independent, former owners or, where appropriate, their heirs, is returned in kind, surface-owned property at date of transition to state ownership.
(3) The holder surface has added over building preemption right to purchase the former owner returned to the area or, where appropriate, its heir, the provisions of art. 17 is applicable in these situations regardless of the quality holder.
(4) The new owner of the surface property returned in par. (2) has a right of first refusal to purchase the building area added after its transfer into state ownership, the provisions of art. 17 para. (2) and (3) are applied accordingly.
Article 20
(1) Persons who have received compensation under Law no. 112/1995
, As amended, may require restitution in kind only if the building was not sold until the entry into force of this law and only after the return of the amount of compensation received updated inflation index.
--------------
Alin. (1) art. It amended by section 20. 7 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
(2) If the property was sold in compliance with Law no. 112/1995
, As amended, entitled only person entitled to reparation commensurate with the corresponding market value of the whole house, land and construction, established according to international valuation standards *). If the entitled persons have received compensation according to Law no.
112/1995, as amended, they are entitled to the difference between the amount collected, updated with inflation index, and the corresponding market value of the building.
-------------- Alin. (2) art. It amended by section 20. 7 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(2 ^ 1) If the property was sold in compliance with Law no.
112/1995, as amended, tenants who bought in good faith the buildings in which they lived and whose contracts of sale were closed, either because of an action for annulment, whether as a result of an action the claim by final and binding court judgments are entitled to priority housing providing housing funds managed by local councils and / or the Ministry of Development, Public Works and housing *).
-------------- Alin. (2 ^ 1) of art. Section 20 was introduced. 8 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
Note
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*) According to Government Emergency Ordinance no. 221/2008, the Ministry of Development, Public Works and Housing was reorganized into the Ministry of Regional Development and Housing.
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(2 ^ 2) Persons provided in par. (2 ^ 1) have the right to rent a place in these buildings and to buy, the amount you have paid for the purchase of real estate nationalized and subsequently was returned to the owner constituting itself by updating to the market, advance to the new building.
-------------- Alin. (2 ^ 2) of art. Section 20 was introduced. 8 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no.
63 of 3 February 2009. (2 ^ 3) Pending these homes, evicted tenants may benefit from the award of rent housing fund available property owned or Autonomous Administration "Administration of State Protocol Patrimony ». The rent for these houses will be established according to Government Emergency Ordinance no.
40/1999 on the protection of tenants and determining the rent for the premises for housing, approved with amendments by Law no.
241/2001, as amended.
-------------- Alin. (2 ^ 3) of art. Section 20 was introduced. 8 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
(3) In cases under par. (2) remedies by equivalent consist of compensation with other goods or services offered as equivalent by the entity invested under this law with the settlement notification, with the consent of the person entitled, or remedies under the law on measures to complete the restitution process, in kind or compensation, real estates abusively taken during the communist regime in Romania *).
-------------- Alin. (3) art. 20 was amended by letter a) art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, by substituting a phrase.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(4) Persons who have submitted applications entitled according to Law no. 112/1995 and those whose applications were rejected or were not resolved until the entry into force of this law have the right to make such a request under this law.
(5) If the buildings in para. (2), equivalent remedies be granted or, where appropriate, propose motivated by the disposal of the mayor or the mayor of Bucharest *).
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Chapter III
refund procedures
Article 21
(1) buildings - land and buildings - abusively, regardless of destination, which is held after the entry into force of this law an autonomous administration, a company or a national company, a company in which the state or a public authority or local shareholder or shareholder of a cooperative organization or any other legal entity of public law, shall be returned to the entitled person, in kind, by decision or, where appropriate, through the provision reasoned bodies management of unit holders.
(2) Para. (1) shall also apply if the State or a public central or local or a cooperative organization is a shareholder or a minority shareholder in the unit that owns the property, if the value of the shares or shares held is greater than or equal to the corresponding value of the building whose restitution in kind is required.
(3) After the decision to refund the nature of the buildings, the management bodies of companies in para. (1) and (2) will proceed according to Law no. 31/1990, republished, reduce capital with real estate value and recalculating assets returned. Participation share of the state or public administration or, where appropriate, the co-operative will decrease accordingly with real estate value returned.
(4) In the case of assets held by the administrative-territorial restitution in kind or compensation to the person entitled grounded disposition is made by mayors, namely the mayor of Bucharest, or, where applicable, the county council president * ).
(5) Under penalty of nullity, pending resolution of the administrative procedures and, where appropriate, judicial generated by this law are prohibited alienation, concession, location management, joint venture, mortgage, lease, and any rental or sublease the benefit of a new tenant use change, with loads encumbrance of any form of real property - land and / or buildings notified under this law.
-------------- Alin. (5) art. Article 21 has been amended. I of Law no. 135 of 15 October 2014 published in the Official Gazette no. 753 of 16 October 2014.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 22
(1) shall notify the person entitled within 6 months *) the date of entry into force of this law legal person owning, requesting the return of the building. If more properties are required, notification will be one for each building.
(2) The notification shall contain the name and address of the person notified particulars identifying the person entitled immovable object identifiers requested, and its estimated value.
(3) The notice shall be given by bailiff on the court in whose territorial property is requested or in whose district the legal entity has its registered owner of the building. The bailiff will record the notification and communicate the person notified within 7 days from the date of registration.
(4) The notification registered full proof before any authority, natural or legal, compliance deadline provided in par. (1), even though it was addressed to another unit than the one that owns the property.
(5) Failure to comply within 6 months *) provided for sending notification entail loss of the right to seek legal redress in kind or equivalent **).
----------- *) 6 months term was extended successively by Government Emergency Ordinance no. 109/2001 and Government Emergency Ordinance no. 145/2001.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 23
Documents proving the right of ownership or, where appropriate, of being a partner or shareholder of the legal person and, if heirs, attesting to the quality and, where applicable, the documents describing the construction demolished and any other documents necessary to evaluate claims for restitution under the present law can be submitted until the settlement notification.
Article 24
(1) In the absence of evidence to the contrary, the existence and, where appropriate, the extent of ownership, is presumed to be the recognized authority in the law or measure ordering the takeover of abusive or unfair takeover measure enforced .
(2) According to par. (1) and in the absence of evidence to the contrary, individual person or authority in the law that ordered or, where appropriate, to be enforced it is alleged unfair takeover measure that holds the property under the name of the owner.
Article 25
(1) Within 60 days of notification or registration, where applicable, proof of registration date according to art. 23 unit holder is obliged to rule by decision or, where appropriate, through the provision reasoned demand for restitution in kind.
(2) is entitled to support the person entitled to the governing bodies of the holding entity request for restitution in kind. To this end it will be invited in writing in time to take part in the work of the management body of the unit holders.
(3) decision or, where appropriate, grounded disposition is communicated to the person entitled within 10 days of its adoption.
(4) Decision or, where appropriate, the provision approving the restitution of property to the person entitled proves ownership over it has probative value of an authentic document and shall be enforceable for giving possession, after completing the formalities advertising estate.
(5) Owners who, through administrative procedures provided by this law, have been returned in kind required buildings will conclude their current holders protocol delivery-receipt, necessarily, within 30 days the date of the final decision / provision for refund, after which time, if the protocol was not signed, will end in this bailiff minutes finding unilateral takeover of the building.
(6) Decision or, where appropriate, the provision in par. (4) should be enforced within 3 years from the date of its receipt by the person entitled.
(7) Para. (1) - (6) shall apply and the provisions issued by mayors or, where appropriate, the presidents of county councils according to art. 21 para. (4).
Article 26
(1) If restitution in kind is not possible, the owner of the building or, where appropriate, according to this law entity vested with the settlement notification is required, by decision or, where appropriate, by motivated provision within the period prescribed in Art. 25 para. (1), pay the person entitled to compensation other goods or services or to propose granting compensatory measures under the law on measures to finalize restitution in kind or compensation, real estates abusively taken during the communist regime in Romania, in situations where offsetting measure is not possible or it is not supported by the person entitled *).
-------------- Alin. (1) art. 26 was amended by letter a) art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, by substituting a phrase.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(2) Para. (1) are applicable to the buildings alienated by legal persons mentioned in art. 21 para. (1), (2) and (4).
(3) decision or, where appropriate, the provision motivated by rejecting a notice or demand for restitution in kind may be challenged by the person claiming to be entitled to the civil section of the court having jurisdiction over the premises of the holding or, where applicable, the entity entrusted with solving the notification within 30 days from notice. The Court's decision is subject to appeal, which is the court of appeal.
------------ Alin. (3) art. Article 26 has been amended. XII of Law no. 202 of 25 October 2010, published in the Official Gazette no. 714 of 26 October 2010.
(4) Where grounded disposition for handling the application for restitution in kind is challenged in court by the person entitled, on the evidence on record, the entity that issued the disposal will adopt a procedural reported to them. Also, the entity that issued the disposal will decide motivated, on a case by case whether to exercise the remedies provided by law, if data solutions courts.
(5) If the offer is accepted in real estate, the provisions of Art. 25 para. (4).
(6) If the offer is accepted in mobile goods or services, the provisions of common law in the matter, as appropriate.
Article 27
(1) The provisions of art. 25 apply and where legal entity has only partially notified immovables required. In this case the legal entity shall issue a reasoned decision for holding only the restitution of property he owns.
(2) The legal entity shall notify the person entitled notified all data on natural or legal person owning the other party to the requested asset. It will also annex to the Communication and copies of documents of transfer of ownership or, where appropriate, management. If this data has not notified the legal entity shall report the matter to the person entitled.
(3) Communication in para. (2) and, where applicable, supporting documents will be sent to the person entitled by registered letter with acknowledgment of receipt.
(4) The period of six months *) provided in Art. 22 para. (1) flowing in case of receipt of the notification referred to in para. (3).
----------
*) The term was extended. See footnote to art. 22 para. (1).
(5) Para. (2), (3) and (4) shall apply accordingly and if the notified unit has not even requested asset in hand, but communicate identification of the person entitled to the holding entity.
(6) Article. 26 shall apply accordingly.
Article 28
(1) If the person entitled does not know the owner of the immovable property requested, the notification will be sent to City Hall in whose jurisdiction the land is situated, namely Bucharest City Hall. The 6-month *) provided in Art. 22 para. (1) flows, where applicable, the date of entry into force of this Act or of receipt of the notification referred to in art. 27 para. (3).
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*) The term was extended. See footnote to art. 22 para. (1).
(2) Within 30 days notified mayor is required to identify the unit holding the person entitled to communicate and elements identified.
(3) If the holding unit was not identified, the person entitled may sue the state through the Ministry of Finance, within 90 days from the date on which the period referred to in para. (1) received no communication from the mayoralty, or from the date the requesting restitution in kind or, where appropriate, reparation by equivalent forms stipulated by this law **).
Note
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*) The term was extended. See footnote to art. 22 para. (1).
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Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 29
(1) For buildings highlighted in assets of privatized companies other than those referred to in art. 21 para. (1) and (2) the entitled persons are entitled to compensatory measures under the law on measures to finalize restitution in kind or compensation, real estates abusively taken during the communist regime in Romania, the corresponding value immoveable property required *).
-------------- Alin. (1) art. 29 was amended by letter a) art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, by substituting a phrase.
(2) Para. (1) apply and where buildings were alienated.
(3) If the buildings in para. (1) and (2), equivalent remedies are proposed by the public institution that performs or, where appropriate, carried out privatization, the provisions of art. 26 para. (1) being applied properly *).
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(4) If the real estate taken as valid, alienated in any form of central government or local heritage, the person entitled to notice of its governing bodies. In this case, remedies equivalent will consist of compensation with other goods or services offered as equivalent by the entity invested under this law with the settlement notification, with the consent of the person entitled, or remedies under the law on measures to complete the restitution process in kind or compensation, real estates abusively taken during the communist regime in Romania **).
-------------- Alin. (4) art. 29 was amended by letter a) art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, by substituting a phrase.
Note
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By Decision no. 830 of 8 July 2008, published in Official Gazette no. 559 of 24 July 2008 was admitted the exception of unconstitutionality of art. I pt. 60 of Title I of Law no. 247/2005 regarding the reform in property and justice, as well as additional measures, and found that, by repealing the phrase "real estate taken as valid 'in art. 29 para. (1) of Law no. 10/2001, it violates the provisions of art. 15 para. (2) and art. 16 para. (1) of the Constitution.
Based on the 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 no. 798 of 2 September 2005 so that Article 27 of Law no. 10 of February 8, 2001, republished in the Official Gazette no. 279 April 4, 2005 becomes art. 29 Last form republished Law.
According to art. 147 of the Constitution republished in the Official Gazette no. 767 of 31 October 2003, the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or Government, as case not bring into line the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between July 24 2008-7 September 2008, the provisions mentioned above were suspended by law, ceasing its legal effects, since September 8, 2008 as the legislature did not intervene to amend the contested provisions.
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Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 30
Repealed.
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Art. Section 30 was repealed. 6 of art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no. December 30, 2005 1,194
Article 31
(1) Persons shown in art. 3 paragraphs. (1) b) are entitled to compensatory measures under the law on measures to finalize restitution in kind or compensation, real estates abusively taken during the communist regime in Romania.
-------------- Alin. (1) art. 31 was amended by letter a) art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013.
(2) The provisions of par. (1) do not benefit individuals or legal persons who have received compensation until the entry into force of this law, under art. 5.
(3) The remedies provided by equivalent par. (1) shall be proposed after establishing the recalculated value of shares, by decision of the Authority for State Assets *).
-------------- Alin. (3) art. Article 31 has been amended. I of Law no. 302 of 6 October 2009, published in Official Gazette no. 680 of 9 October 2009.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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(4) recalculation of the value of shares is based on the net asset value of the last balance sheet, using the discount factor set by the NBR Order no. 3/2001
The updating coefficient value lion on June 11, 1948 until 14 February 2001 and the inflation index established by the National Institute of Statistics and the Law no.
303/1947 for recalculation heritage stock companies, where stock is above it. Updating is done until 14 February 2001.
-------------- Alin. (4) art. Article 31 has been amended. 49 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, by substituting a phrase.
(5) Within 30 days from the date of entry into force of this law NBR will set coefficient updating the value of the leu from 11 June 1948 to the date of entry into force of this law.
(6) Within 60 days of receipt of the request of the person entitled or extended in accordance with art. 28 *) public institution involved in privatization will establish the decision or, where appropriate, through the provision motivated recalculated value of the shares.
Note
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*) 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 April 4, 2005, which was repealed by art. I pt. 65 of Title I of Law no. 247/2005 regarding the reform in property and justice, as well as some additional measures.
Article 28 repealed, read as follows:
"Art. 28. - (1) Within 60 days of receipt of the request of the person entitled governing bodies of public institutions involved in privatization provided for in art. 27 par. (2) and the co-operative referred to art. 27 par. (4) will be established by decision or, where appropriate, by order value and how motivated appropriate remedies agreed by negotiation.
(2) the period of 60 days specified in paragraph . (1) may be extended only at the request of the person entitled to complement the necessary evidence, or if unable presentation entitled person, as evidenced by documents. the extension in order to complete the necessary evidence may not exceed 18 months from the date of registration notification under penalty of solving the request by documents on file. "
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Article 32
(1) Where-construction buildings demolished, the notification made by the person entitled shall be settled according to art. 10 or 11 by the mayor reasoned available administrative-territorial unit in whose jurisdiction the property was, respectively mayor of Bucharest.
(2) The provisions of art. 22 to 28 is applied accordingly.
Chapter IV
LIABILITIES AND SANCTIONS
Article 33
Violation of this law entails, as appropriate, disciplinary, administrative, civil or criminal.
Article 34
Abusive exercise of the right to submit notifications to restitution of property under this law entails civil liability for damages caused.
Article 35
Deed to notify the legal entity owning the building, knowing that it is not entitled under this Act to redress, in order to prevent completion of legal acts on its or legal acts in the privatization process, whether caused damage, an offense punishable by imprisonment from 3 months to 3 years or a fine.
Article 36
Repealed.
-------------- Art. Article 36 was repealed. 89 of Law no. 187 of 24 October 2012, published in Official Gazette no. 757 of 12 November 2012.
Article 37
Repealed.
-------------- Art. Article 37 was repealed. 89 of Law no. 187 of 24 October 2012, published in Official Gazette no. 757 of 12 November 2012.
Article 38
(1) Non-compliance with obligations under this law involve the responsibility of the head of local government or central authority, the institution or, where applicable, the independent utility company or co-operative that these obligations incumbent.
-------------- Alin. (1) art. Article 38 has been amended. 44 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013.
(2) The following deeds:
A) undue delay in the settlement notification to the person entitled;
B) breach of the obligation to art. 25 para. (2) sentence II;
C) breach of the obligation to art. 25 para. (3);
D) breach of the obligation to art. 25 para. (5);
E) violation of the prohibition of alienation, as provided in Art. 21 para. (5).
F) breach of the obligation to art. 1 para. (5);
------------ Lit. f) of paragraph. (2) art. 38 was introduced by pt. 7 of art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no. December 30, 2005 1,194
G) breach of the obligation to art. 6 para. (5);
------------ Lit. g) of para. (2) art. 38 was introduced by pt. 7 of art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no. December 30, 2005 1,194
H) breaching the prohibition in art. 10 para. (11).
------------ Lit. h) of para. (2) art. 38 was introduced by pt. 7 of art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no.
December 30, 2005 1,194 (2 ^ 1) The misdemeanor and is punishable by a fine of 5,000 lei (RON) to 10,000 lei (RON) following acts, if committed in such conditions that the law to are a criminal offense: impeding or evading inspection, denied access to the control authorities or submit documents requested by them.
------------
Alin. (2 ^ 1) of art. Section 38 was introduced. 8 of art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no.
December 30, 2005 1,194 (2 ^ 2) If the control body deemed necessary, police, gendarmerie or other agents of the public force, as appropriate, are required to provide data and competitions for information necessary control activities and any other activities necessary to fulfill that purpose.
------------ Alin. (2 ^ 2) of art. Section 38 was introduced. 8 of art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no. December 30, 2005 1,194
(3) acts in para. (2) a) -d) is punishable by a fine of 500 lei (RON) to 5,000 lei (RON). The acts in para. (2) e) shall be sanctioned with a fine of 50,000 lei (RON) to 100,000 lei (RON). The acts in para. (2) f) and g) is punishable by a fine of 2,000 lei (RON) to 3,000 lei (RON) and the acts in para. (2) h) is punishable by a fine of 50,000 lei (RON) to 100,000 lei (RON).
------------ Alin. (3) art. It amended by section 38. 9 of art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no. December 30, 2005 1,194
(4) If autonomous administrations, companies referred to in Art. 21 para. (1) and (2), cooperative organizations, ministries and other central public institutions, finding and sanctioned duties of the National Authority for Property Restitution, through the control of it.
(5) If local authorities located in the territorial jurisdiction of the county, respectively Bucharest, finding and sanctioned returning control bodies, namely the Control Body of the National Authority for Property Restitution or the prefect times Bucharest or persons designated by them within the institution prefect.
------------ Alin. (5) art. It amended by section 38. 1 of art. I of Law no. 263 of 27 June 2006, published in Official Gazette no. 572 of 3 July 2006.
(6) A county prefect, for Bucharest, in para. (5) is subject to review by the National Authority for Property Restitution, through the control of it. To the extent that this non-compliance or improper fulfillment of the obligations under paragraph. (5) The Minister of Administration and Interior will propose appropriate measures.
Article 38 ^ 1
(1) local and central public administration authorities and other entities entrusted with solving the notifications are required to provide control bodies, namely the Control Body of the National Authority for Property Restitution or, where appropriate, the prefect Bucharest municipality or county or persons designated by them within the institution prefect restitution claims required and any documents relating to the situation refunds required under this law.
------------ Alin. (1) art. 38 ^ 1 has been amended pt. 2 of art. I of Law no. 263 of 27 June 2006, published in Official Gazette no. 572 of 3 July 2006.
(2) The legal representatives of the entities entrusted with solving the notifications are obliged to designate the period of their absence from the institution or company by order / disposition or decision, a person to provide the Control Body of the National Authority for Restitution properties or times of Bucharest prefect or persons designated by them within the institution prefect documents requested by them to the control.
------------ Alin. (2) art. 38 ^ 1 has been amended pt. 2 of art. I of Law no. 263 of 27 June 2006, published in Official Gazette no. 572 of 3 July 2006.
(3) Local authorities and other entities involved in solving the applications submitted under this law are obliged to share monthly restitution prefectures situation.
(4) Central public authorities and prefectures are obliged to notify the National Authority for Property Restitution monthly restitution situation.
(5) Infringement in para. (2), (3) and (4) as well as to communicate or incorrect communication of data provided in par. (3) and (4) constitute an offense attracting a fine institution sanctioning driver from 3,000 lei (RON) to 10,000 lei (RON).
------------ Alin. (5) art. 38 ^ 1 has been amended pt. 2 of art. I of Law no. 263 of 27 June 2006, published in Official Gazette no. 572 of 3 July 2006. ------------
Art. 38 ^ 1 was introduced by pt. 11 of Art. Unique Title I of the Emergency Ordinance no. 209 of 22 December 2005, published in Official Gazette no. December 30, 2005 1,194
Article 39
Provisions of art. 38 is supplemented by Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments by Law no. 180/2002, as amended and supplemented.
Article 40
Failure mentioned in art. 25 para. (5) draws upon whom the duty holder the obligation to pay the new owner an amount calculated by day of delay, representing the lack of use of the property returned.
Chapter V Transitional and Final
Article 41
(1) destruction and degradation caused buildings covered by this law after the entry into force and effective teaching until the person entitled borne by the building owner.
(2) The owner of the building in the presence of the person entitled, ending a report on the state of the building within 15 days of the request.
(3) If the owner of the building by the deadline provided in par. (2) the person entitled may address the bailiff, who will prepare the report on the state of real estate.
(4) In order to recover costs incurred by the person entitled for the preparation of a report on the facts of the building by a bailiff certified copy of the minutes shall be enforceable against the property owner.
Article 42
(1) The buildings after the procedures provided in the head. III not returned persons entitled holders remain in the current administration.
(2) buildings with other destination than dwellings, in para. (1) can alienate the laws in force. Holders as valid the entry into force of this law have right of first refusal.
(3) buildings for housing, in para. (1) may be disposed of according to the law, tenants with right of first refusal.
(4) The proceeds from the sale of real estate in para. (3) will feed the fund provided for in art. 13 para. 6 of Law no. 112/1995.
Article 43
Repealed.
------------ Art. Section 43 was repealed. 9 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
Article 44
(1) Persons who have been returned in kind a building used as home and holding rental housing in the same locality of the state housing fund are obliged to provide this housing city hall to move the effective date property returned . The houses of the state housing stock is issued in a housing unit is specially designed for tenants of the buildings restored to their former owners.
(2) Families with financial means situated below the minimum wage, invalids, pensioners and people with disabilities will be provided with social housing built from a fund set up 2% share of proceeds from privatization and will It is provided in the annual state budget law.
Article 45
(1) Legal acts of alienation, including those made in the privatization process, covering buildings that fall under the provisions of this law are valid if they have been concluded with the laws in force at the time of alienation.
(2) Legal acts of alienation, including those made in the privatization process, covering buildings taken without valid title, considered so before the entry into force of Law no. 213/1998
, As amended and supplemented, they are null and void, unless the act was done in good faith.
------------ Alin. (2) art. It amended by section 45. 10 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of 3 February 2009.
(2 ^ 1) Contracts of sale concluded under Law no.
112/1995, as amended, shall be authentic and enforceable title deed from the date of conclusion.
------------ Alin. (2 ^ 1) of art. Section 45 was introduced. 11 of Art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
(3) Repealed.
------------ Alin. (3) art. Section 45 was repealed. 12 of art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
(4) Legal acts of alienation, including those made in the privatization process, covering buildings taken as valid, are null and void if they have been concluded in violation of provisions of laws in force at the time of alienation.
(5) Notwithstanding the common law, regardless of the cause of nullity, the remedy is prescribed within one year **) the entry into force of this law.
----------
**) The one year period has been extended successively by Government Emergency Ordinance no. 109/2001 and Government Emergency Ordinance no. 145/2001.
Article 46
(1) The provisions of this law are applicable in the case of the ongoing trial, entitled person can choose the way these laws, giving up proceedings or requiring the suspension of the case.
(2) If actions brought under Art. 45 and 47, the refund procedure commenced under this Act is suspended until the resolution of those actions by court final. The person entitled shall immediately inform the person notified, according to art. 22 para. (1).
(3) If the person entitled was rejected by final and binding judgment, proceedings on the return of property requested, the notification period provided for in art. 22 para. (1) runs from the date of the final and irrevocable judgment.
(4) A person shall be entitled to follow the path set by this law after its entry into force. The provisions of this law shall take precedence.
------------ Alin. (4) art. Section 46 was introduced. 13, art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
Article 47
Ceased its legal effects.
------------- Art. 47 ceased its legal effects as the Constitutional Court Decision no. 1055 of 9 October 2008, published in the Official Gazette no. 737 of 30 October 2008.
Note
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By Decision no. 1055 of 9 October 2008, published in Official Gazette no. 737 of 30 October 2008 was admitted the exception of unconstitutionality of art. 47 of Law no. 10/2001 on the legal status of buildings abusively appropriated between 6 March 1945-22 December 1989, finding that these provisions are unconstitutional.
According to art. 147 of the Constitution republished in the Official Gazette no. 767 of 31 October 2003, the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or Government, as case not bring into line the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between October 30 2008-14 December 2008, the provisions mentioned above were suspended by law, ceasing its legal effect, as of 15 December 2008, as the legislature did not intervene to amend the contested provisions.
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Article 48
(1) Tenants are entitled to compensation for added weight brought by buildings used as home improvements necessary and useful.
(2) Whether the building was taken as valid or untitled obligation of compensation provided in par. (1) responsibility of the person entitled.
------------ Alin. (2) art. Section 48 has been amended. 14, art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
(3) Repealed.
------------ Alin. (3) art. Section 48 was repealed. 15, art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
(4) The amount of compensation provided in par. (1) shall be determined on the basis of expertise.
(5) improvements in the present law means necessary and useful expenses. The amount of compensation is determined at the present value of expenditure, subtracting the wear of improvements in relation to their normal life, which is borne by tenants.
Article 49
Secretaries administrative-territorial units shall take measures to preserve all files created committees for the implementation of Law no. 112/1995, will be issued on request copies of the documents on file and give required by persons entitled relations.
Article 50
(1) claims or legal proceedings and transcribing or registering property titles related to implementation of this law and the goods covered by it are exempt from stamp duty.
(2) claims or legal proceedings regarding the restitution updated price paid by tenants whose contracts of sale concluded with circumvention provisions of Law no. 112/1995, were disbanded by court decisions are final and irrevocable exempt from stamp duty.
(2 ^ 1) claims or legal actions regarding the refund of the market price of the buildings, the contracts of sale concluded with the provisions of Law no.
112/1995, as amended, which were abolished by final and irrevocable court decision, they are exempt from stamp duty.
------------ Alin. (2 ^ 1) of art. Section 50 was introduced. 16, art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
(3) refund the price provided in par. (2) and (2 ^ 1) is made by the Ministry of Economy and Finance *) of extrabudgetary fund established under art. 13 para. 6 of Law no. 112/1995
, As amended.
------------ *) According to Government Emergency Ordinance no.
221/2008, specialized activity and economic structures have been taken by the Ministry of Economy and Finance of the Ministry of Economy and work and specialized finance structures have been taken by the Ministry of Economy and Finance of the Ministry of Finance .
------------ Alin. (3) art. Section 50 has been amended. 17, art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
Article 50 ^ 1
(1) Owners whose contracts of sale concluded with the provisions of Law no. 112/1995
, As amended, were disbanded by court decisions are final and irrevocable right to restitution of the real estates market price, established in accordance with international valuation standards *).
(2) The amount of compensation provided in par. (1) shall be determined by expertise.
------------ Art. 50 ^ 1 was introduced by pt. 18, art. I of Law no. 1 of 30 January 2009, published in Official Gazette no. 63 of February 3, 2009.
Note
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According to the letter b) the art. 50 of Law no. 165 of 16 May 2013 published in the Official Gazette no. 278 of 17 May 2013, any provision concerning the assessment of buildings according to international valuation standards and reparatory measure of compensation with other goods or services offered equivalent stipulated in Law no. 10/2001, as amended and supplemented, shall be repealed.
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Article 51
In order to organize the execution of this law, the Government is empowered to issue rules for the uniform implementation thereof.
Article 52
Upon entry into force of this law shall repeal any contrary provisions.
--------------- Art. 52 was modified by adjustment no. 10 of 8 February 2001 published in the Official Gazette no. 914 of 12 October 2005.
NOTE:
See and Title II of the Government Emergency Ordinance no. 184/2002.
Annex 1
LIST including agreements concluded by Romania with other states on regulating financial problems
suspended
A) Agreement between Romania and the Republic of Austria, signed on July 3, 1963, entered into force on April 27, 1965, ratified by Decree no. 784 of 31 December 1963, published in the Official Gazette, Part I, no. 25 of December 31, 1963
B) Agreement between the Government of Romania on the one hand and the Government of Belgium and the Grand Duchy of Luxembourg, on the other hand, signed on 13 November 1970 entered into force on 9 September 1971, approved by HCM no . 197 of March 2, 1971
C) Agreement between Romania and Denmark, signed in Bucharest on 17 March 1960 entered into force on September 12, 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 in Bucharest on February 9, 1959, entered into force upon signature, ratified by HCM no. 353 of March 25, 1959
E) Agreement between Romania and Greece signed in Athens on 2 September 1966 came into force upon signature, ratified by Decree no. 956 of 30 November 1966 published in the Official Gazette, Part I, no. 76 of December 6, 1966
F) Agreement between Romania and the Italian Government signed in Rome on 23 January 1968 entered into force on March 7, 1972, ratified by Decree no. 569 of 4 July 1968 published in the Official Gazette, Part I, no. 91 of July 10, 1968
G) Agreement between Romania and the United Kingdom of Great Britain and Northern Ireland, signed in London on 10 November 1960 entered into force upon signature
H) Agreement between Romania and the Kingdom of Norway, signed in Bucharest on 21 May 1964 entered into force on 5 April 1966 and ratified by Decree no. 425 of 5 July 1965 published in the Official Gazette, Part I, no. 22 of July 9, 1965
I) Agreement between the Romanian Government and the Royal Government of the Netherlands, signed at The Hague on 8 May 1967 entered into force on July 31, 1967, approved by HCM no. 1645 of July 13, 1967
J) Agreement between Romania and the Republic of Turkey, signed in Bucharest on 22 June 1965 entered into force on 15 March 1967 approved 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 13 July 1971 entered into force on December 14, 1971, ratified by Decree no. 373 of 18 October 1971, published in the Official Gazette, Part I, no. 136 of October 27, 1971
L) Agreement between Romania and the United States, signed in Washington on 30 March 1960 entered into force upon signature
M) any other similar agreements concluded by Romania with other states on regulating financial problems suspended
Annex 2
A) list of buildings covered by art. 16 of Law no. 10/2001, republished:
1. Real estate occupied units and educational institutions in the state system (kindergartens, schools, colleges, vocational schools, post-secondary schools, higher education institutions)
2. Real estate occupied by hospitals and medical and social assistance from the public (nurseries, boarding hospitals for the elderly, hospitals, orphanages, children's homes)
March. The buildings occupied by financial administration, treasury, ministries and other authorities of the central public administration, prosecutor's offices, courts, tribunals, courts of appeal, police, border police, gendarmerie, community public services for emergency headquarters customs, national archives, directions county health insurance houses, municipalities, prefectures, local councils and county school inspectorates;
----------- Pct. 3 in letter a) of Annex 2 was modified pt. 3 of Art. I of Law no. 263 of 27 June 2006, published in Official Gazette no. 572 of 3 July 2006.
4. The buildings occupied by public cultural institutions: theaters, opera houses, libraries, museums, orchestras, cultural centers.
------------ Pct. 4 of letter a) of Annex 2 was modified pt. 2 of art. I of Law no. 74 of 26 March 2007, published in the Official Gazette no. 215 of 29 March 2007.
B) List of buildings falling under art. 13 para. (2) of Law no. 10/2001, republished:
1. Buildings occupied by the offices of political parties legally registered
2. Buildings occupied by the offices of diplomatic missions, consular offices, representative offices of international intergovernmental organizations accredited in Romania and buildings occupied by their staff
Note
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NOTE:
Below the provisions of art. II-VI of Title I of Law no. 247/2005, which are not incorporated in the republished text of Law no. 10/2001 and which continue to apply the provisions of the Law no. 247/2005:
"Art. II. - (1) Decisions or provisions or, where appropriate, orders rulers central public administration authorities, with the granting of equivalent redress for the buildings referred to in Art. 16 para. (1) of Law no. 10/2001 on the legal status of buildings abusively taken over between March 6, 1945 - December 22, 1989, republished, with the amendments made by this title, issued before the entry into force of this law and jeopardized may be appealed the civil section of the court in whose territorial constituency is situated holding entity, within 12 months from the date of entry into force of this law.
(2) the judgment at first instance may be appealed the court of appeal.
Art. III *). - the legal acts of alienation covering property for housing, concluded after February 14, 2001 breach of the prohibition laid down in Art. 44 of Ordinance emergency Government Ordinance no. 40/1999 on the protection of tenants and determining the rent for the space for housing, approved with amendments by Law no. 241/2001, as amended, and which have not been challenged in court under Art. 46 para. (1) of Law no. 10/2001, may be challenged in the civil court in whose jurisdiction the land is situated notified within 12 months of the entry into force of this title or, where applicable, the date of knowledge of the end contract.
-----------
*) Art. 46 para. (1) has become, as republished, art. 41 para. (1).
Art. IV *). - (1) If, after the entry into force of this law, the company referred to in art. 20 para. (1) and (2) of Law no. 10/2001 on the legal status of buildings abusively taken over between March 6, 1945 - December 22, 1989, republished, with the amendments made by this title, and ceased to exist as the legal jurisdiction of the entity's application for refund who exercised on behalf of the state, shareholder in that company.
-----------
*) Art. 20 para. (1) and (2) and art. 27 para. (1), (1 1) and (2) have become in the republished, art. 21 para. (1) and (2) and art. 29 para. (1), (2) and (3).
(2) In the situation provided in par. (1) The provisions of art. 27 para. (1), (1 1) and (2) of Law no. 10/2001 on the legal status of buildings abusively taken over between March 6, 1945 - December 22, 1989, republished, with the amendments made by this title shall apply accordingly.
Art. V. - (1) Notifications solved until the entry into force of this Title, concerning construction of any kind located outside city limits, belonging farms that were owned by state, construction on forest land which were part of the forest holding at the date of transition to state ownership, will submit the settlement within 60 days of joint committees, town and municipal land fund created under Law no. 18/1991, republished, as amended and supplemented, and the Law no. 1/2000 for the restoration of property rights over agricultural and forested land applied according to Law no. 18/1991 and Law no. 169/1997, as amended and supplemented.
(2) Para. (1) shall apply accordingly and land referred to in art. 8 paragraph. (1) of Law no. 10/2001, republished.
Art. VI **). - Buildings alienated in violation of the law, object of juridical acts abolished by final and irrevocable court decision, notified pursuant to art. 21 para. (1) of Law no. 10/2001, shall be returned in kind. "
------------ **) Art. 21 para. (1) has become, in the republished, art. 22 para. (1).
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