Machine Translation of "Law No. 10 Of 8 February 2001 Concerning The Legal Status Of Some Buildings Taken Improperly From 6 March 1945-22 Decemb..." (Romania)

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

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LEGE no. 10 10 of 8 February 2001 (** republished) (* updated *) on the legal regime of immovable property improperly taken over the period from 6 March 1945 to 22 December 1989 *) ((updated until 12 February 2016 *)

ISSUER

PARLIAMENT

---------- Note
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** **) Republicated pursuant to art. VII of Title I of Law no. 247/2005 on the reform in the fields of property and justice, as well as some adjacent measures, published in the Official Gazette of Romania, Part I, no. 653 of 22 July 2005, giving the texts a new numbering.
Law no. 10/2001 was republished in the Official Gazette of Romania, Part I, no. 279 279 of 4 April 2005.
---------- + Chapter I General provisions + Article 1 ((1) Imobiles improperly taken over by the state, cooperative organizations or any other legal persons between March 6, 1945 and December 22, 1989, as well as those taken by the state on the basis of Law no. 139/1940 on requisitions and unreturned shall be returned in kind or in equivalent, when restitution in kind is no longer possible, under the conditions of this law *). -------------- Alin. ((1) of art. 1 1 has been amended by section 1 1 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (. In cases where the refund in kind is not possible, remedies shall be established by equivalent. The remedies by equivalent will consist in clearing with other goods or services offered in equivalent by the entity invested according to this law with the resolution of the notification, with the consent of the entitled person, or compensatory measures under the law on certain measures for the completion of the restitution process, in kind or by equivalent, of the buildings improperly taken over, during the communist regime in Romania *). -------------- Alin. ((2) of art. 1 1 has been modified by lit. a) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, by replacing a phrase. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (3) The repair measures by equivalent consisting in compensation with other goods or services shall be granted by decision or, as the case may be, the reasoned disposition of the entity vested under this law with the settlement of the notification Remedies in equivalent measures consisting of compensatory measures under the law on certain measures for the completion of the restitution process, in kind or by equivalent, of the buildings improperly taken over, during the communist regime in Romania are proposed to be granted by decision or, as the case may be, the reasoned disposition of the entity invested according to this law with the settlement of the notification -------------- Alin. ((3) of art. 1 1 has been modified by lit. a) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, by replacing a phrase. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (4) Repairers by equivalent can be combined. ((5) The mayors or, as the case may be, the heads of the entities invested with the resolution of the notifications are required to display monthly, no later than 10 calendar days calculated from the end of the previous month, in a visible place, a table containing the available goods and/or, where applicable, services which may be granted in clearing *). --------------- Alin. ((5) of art. 1 1 has been introduced by section 1 1 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 2 (1) For the purposes of this law, by immovable property mistaken it is understood: a) nationalised buildings by Decree no. 92/1950 for the nationalization of some buildings, with subsequent amendments and completions, by Law no. 119/1948 for the nationalisation of industrial, banking, insurance, mining and transport undertakings, as well as other normative acts of nationalisation; b) the buildings taken over by confiscation of wealth, as a result of a judicial decision of conviction for crimes of a political nature, provided by the criminal legislation, committed as a manifestation of the opposition to the totalitarian communist system; c) buildings donated to the state or other legal entities on the basis Decree no. 410/1948 on the donation of some graphic arts enterprises, Decree no. 478/1954 on donations made to the state and the like, not concluded in authentic form, as well as buildings donated to the state or other legal entities, concluded in the authentic form provided by art. 813 of the Civil Code, in the latter case if the action was admitted for annulment or in finding the nullity of the donation by a final and irrevocable court decision; ----------- Lit. c) a par. ((1) of art. 2 2 has been amended by section 4.2 2 2 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. d) the buildings taken by the state for non-payment of taxes as a result of abusive measures imposed by the state, whereby the rights of the owner could not be exercised; e) the buildings deemed to have been abandoned, on the basis of an administrative provision or a judicial decision rendered pursuant to Decree no. 111/1951 on the regulation of the situation of goods of any kind subject to confiscation, confiscated, without heirs or without a master, as well as goods that no longer use the budgetary institutions, from 6 March 1945 to 22 December 1989; f) the buildings taken by the state on the basis of laws or other unpublished normative acts, at the date of takeover, in the Official Gazette of Romania, Part I, or in the Official Bulletin; g) buildings taken by the state on the basis Law no. 139/1940 on requisitions and which have not been returned or for which the owners have not received fair compensation *); h) any other real estate taken over by the State with valid title, as defined in art. 6 6 para. ((1) of Law no. 213/1998 on public property and its legal regime, as amended and supplemented; i) any other buildings taken without a valid title or without complying with the legal provisions in force at the time of takeover, as well as those taken without legal basis by acts of provision of the local bodies of power or state administration. ((2) Abrogat. -------------- Alin. ((2) of art. 2 2 has been repealed by section 6.6. 2 2 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 3 (1) They are entitled, within the meaning of this law, to remedies consisting of restitution in kind or, as the case may be, by equivalent *): a) individuals, owners of buildings at the time of their abusive takeover; b) natural persons, associates of the legal person who owned the buildings and other assets in the property at the time of their takeover improperly; c) legal entities, owners of buildings improperly taken over by the state, cooperative organizations or any other legal entities after March 6, 1945; the correction to the remedies provided for by this article is conditional on the continuation of the activity as a legal person until the date of entry into force of this law or the fact that their activity was prohibited or interrupted between March 6, 1945 and December 22, 1989, and they were resumed the activity after December 22, 1989, if, by court decision, it is found that they are the same legal person as the one abolished or prohibited, as well as political parties whose activity was prohibited or interrupted between March 6, 1945 and December 22, 1989, if they resumed their activity under the law. (2) Ministries, other public institutions of the state or administrative-territorial units, including autonomous or independent ones, autonomous regions, national companies/companies, companies with state capital, as well as those privatized, according to the law, do not have the status of entitled persons and are not subject to this law. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 4 (1) If the refund is requested by several persons entitled co-ownership of the requested immovable property, the ownership is found or established in ideal shares, according to the common law. (2) The provisions of this law also benefit the legal or testamentary heirs of entitled individuals. ((3) Succesibles which, after March 6, 1945, did not accept the inheritance are reinstated by the law within the term of acceptance of the succession for the goods subject to this law. The refund application shall have the acceptance value of the succession for the goods the refund of which is required under this law. (4) By the quotas of legal or testamentary heirs who have not followed the procedure provided for in the head. III takes advantage of the other heirs of the entitled person who submitted the refund application within the deadline. + Article 5 (1) They are not entitled to restitution in kind or to remedies in equivalent persons who have received compensation according to international agreements concluded by Romania on the regulation of financial problems in suspension, listed in Annex No 1 1 which is an integral part of this Law *). (2) Provisions of para. ((1) shall also apply to persons whose assets have been illicitly acquired, in accordance with the judgments of the courts rendered until 6 March 1945. Both Annex no. 1 the respective law and the respective court decisions shall be displayed on the website of the public authority with attributions in the field of restitution. -------------- Alin. ((2) of art. 5 5 has been introduced by section 3 3 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. + Article 6 (1) By buildings, for the purposes of this law, land, with or without construction, shall be understood, with any of the destinations held on the date of improperly taking over, as well as movable property become immovable by incorporation in this construction. (2) The repair measures also concern machinery and installations taken over by the state or other legal entities with the building, unless they have been replaced, scrapped or destroyed. (3) In the situation referred to in par. ((2), the refund in kind will be ordered by the decision or disposition of the holding unit. (4) If the requested machinery and installations are highlighted in the patrimony of privatized commercial companies, other than those provided for in art. 21 21 para. (1) and (2), after determining their consideration, by decision of the entity involved in privatization, it will be proposed to grant compensatory measures under the law on certain measures for the completion of the restitution process, in kind or by equivalent, of the buildings improperly taken over, during the communist regime in Romania. -------------- Alin. ((4) of art. 6 6 has been modified by lit. a) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, by replacing a phrase. (5) In the situation referred to in par. ((4), with a view to issuing the refund decision in equivalent, at the request of the entity involved in the privatisation, the privatized companies will transmit the information on the existence and value of the machinery and installations, within maximum 15 days from the date of receipt of the request address *). ----------- Alin. ((5) of art. 6 6 has been introduced by section 3 3 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 7 (1) As a rule, the buildings improperly taken over shall be returned to nature. (1 ^ 1) It is not returned in kind, but only in the equivalent, the buildings that were disposed of on the basis of Law no. 112/1995 for the regulation of the legal situation of some buildings with the destination of housing, passed into state property, with subsequent amendments, in compliance with the conditions required by law *). -------------- Alin. ((1 ^ 1) of art. 7 7 has been introduced by section 4 4 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. (. If the refund in kind is possible, the entitled person may not opt for remedies by equivalent except in the cases expressly provided for by this law *). (3) If certain buildings-free land located in the intravilan are requested by two persons entitled from those provided in art. 3 3 para. ((1) lit. a), one of which is the former owner, who was taken over the land by the abusive measures applied during the period after March 6, 1945, and the second, the person who was assigned land from the one taken from the former owner, and subsequently this land was taken over by the abusive measures shown in art. 2 2 para. (1), the land of the first owner will be restored in nature, and those who were impropriety with such land will benefit from the other remedies in equivalent, under the law *). (4) In the cases provided in par. (3) if the refund in kind is not possible according to the present law, both persons entitled benefit from remedies in equivalent *). (5) No refund in the nature of land related to buildings which have been disposed of under the provisions Law no. 112/1995 ,, as amended. -------------- Alin. ((5) of art. 7 7 has been introduced by section 5 5 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 8 (1) It is not covered by this law the lands located in the extravilan of the localities on the date of abusive takeover or on the date of notification, as well as those whose legal regime is regulated by Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, and by Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions. (2) The legal regime of buildings belonging to religious cults taken over by the state is regulated by Government Emergency Ordinance no. 94/2000 on the restitution of some real estate that belonged to religious cults in Romania, republished *). (3) The legal regime of buildings belonging to the communities of national minorities taken over by the state is regulated by Government Emergency Ordinance no. 83/1999 on the restitution of immovable property belonging to the communities of citizens belonging to national minorities in Romania, republished *). (4) The legal regime of buildings that belonged to the union heritage taken over by the state or other legal entities, will be regulated by special normative acts. 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. 797 797 of 1 September 2005.
---------- + Chapter II Restitution in kind or remedies by equivalent + Article 9 The buildings improperly taken over, regardless of whose possession is currently located, shall be returned in kind in the state in which they are at the date of the request for restitution and free of any tasks. + Article 10 (1) In the situation of the buildings improperly taken over and whose constructions built on them have been totally or partially demolished, the restitution in kind is available for the free land and for the constructions left undemolished, and for the constructions demolished and occupied land repair measures are established by equivalent *). Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (2) If new authorized constructions were built on the land improperly taken over, the entitled person will obtain the restitution in kind of the land part remaining free, and for the area occupied by new constructions, the affected legal servitutes, green spaces, as established by art. 3 lit. a)-f) of Law no. 24/2007 on the regulation and administration of green spaces in the localities, republished, with subsequent amendments and completions, as well as other public utility facilities of urban and rural localities establish in equivalent. -------------- Alin. ((2) of art. 10 10 has been amended by art. 48 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. (3) The land on which unauthorized constructions were erected under the law after January 1, 1990, as well as light or removable constructions, is returned to the nature. (4) It is returned in kind including land without construction affected by approved public interest investment works, if their construction has not started, or the approved works have been abandoned. (5) It is returned to the nature and land on which, after abusive takeover, authorized constructions were built which are no longer necessary for the holding unit, if the person entitled to pay it compensation representing the market value of the respective construction, established according to the international assessment standards *). Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (6) In the case of buildings improperly taken over and whose constructions built on them were destroyed as a result of natural calamities, the entitled person benefits from the restitution in kind for the free land. If the land is not free, the remedies for it shall be determined in the equivalent *). ((7) Provisions of para. (6) shall also apply accordingly to the buildings requisitioned on the basis of Law no. 139/1940 and whose buildings built on them were destroyed during the war, if the owners did not receive compensation. (8) The proper value of the constructions improperly taken up and demolished shall be determined according to the market value from the date of settlement of the notification, established according to the international valuation standards according to the volume of information made available to the assessor *). (9) The value of land, as well as undemolished constructions improperly taken over, which cannot be restored in kind, shall be determined according to the market value of the date of settlement of the notification, established according to the international standards of assessment *). Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (10) In the situations provided in par. (1), (2) and (6), the remedies by equivalent will consist in clearing with other goods or services offered in equivalent by the entity invested according to this law with the resolution of the notification, with the consent of the entitled person or compensatory measures under the law on certain measures for the completion of the restitution process, in kind or by equivalent, of the buildings improperly taken over, during the communist regime in Romania *). -------------- Alin. ((10) of art. 10 10 has been modified by lit. a) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, by replacing a phrase. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (11) It is forbidden to dispose or change the destination of the property whose restitution in nature is not possible due to its damage to a public utility arrangement. The prohibition subsists for a period of 5 years, calculated with effect from the date of issue of the decision/provision for the granting of remedies in the equivalent motivated on its impairment *). ----------- Alin. (11) of art. 10 10 has been introduced by section 4 4 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 11 (1) The expropriated furniture and whose constructions built on them have not been demolished will be restored in the nature of the entitled persons, if they have not been alienated, in compliance with the legal provisions. If the person entitled has received a compensation, the refund in kind is conditional on the reimbursement of an amount representing the amount of compensation received, updated with the update coefficient established according to the legislation in force. (2) If the expropriated constructions were partially or totally demolished, but the works for which the expropriation was ordered were not executed, the free land is returned in kind with the remaining constructions, and for the demolished constructions the measures repairers are established in equivalent *). If the entitled person has received a compensation, the refund in kind is conditional on the reimbursement of the difference between the amount of compensation received and the value of the constructions demolished as calculated in the documentation establishing the compensation, updated with the update coefficient established according to the legislation in force. (3) If the expropriated constructions were fully demolished and the works for which the expropriation was ordered occupy the land partially, the entitled person can obtain the restitution in kind of the land part left free, for the occupied one of new, authorized constructions, the one affected by legal services and other public utility facilities of urban and rural localities, the repair measures being established in equivalent *). Art. 10 10 para. ((3), (4), (5) and (6) shall apply accordingly. (4) If the works for which the expropriation was ordered functionally occupy the entire affected land, the repair measures shall be established in equivalent for the entire building *). (5) The value of the expropriated and demolished constructions shall be determined according to the market value from the date of settlement of the notification, established according to the international valuation standards according to the volume of information made available Assessor *). Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (6) The value of the expropriated constructions, which cannot be restored in kind and the land related to them, shall be determined according to the market value from the date of settlement of the notification, established according to the international assessment standards *). Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (7) In the situations provided in par. (2), (3) and (4) the value of the remedies in the equivalent shall be determined by lowering the updated amount of compensation received for the land, respectively for construction, of the corresponding value of the part of the expropriated property-land and construction-which cannot be restored in nature, established according to par. ((5) and (6) *). (8) In the situations provided in par. (2), (3) and (4), the remedies by equivalent will consist in clearing with other goods or services offered in equivalent by the entity invested according to this law with the resolution of the notification, with the consent of the entitled person or compensatory measures under the law on certain measures for the completion of the restitution process, in kind or by equivalent, of the buildings improperly taken over, during the communist regime in Romania *). -------------- Alin. ((8) of art. 11 11 has been modified by lit. a) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, by replacing a phrase. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 12 In the situation of buildings owned by the state, by a cooperative organization, or by any other legal person among those provided in art. 21 21 para. ((1), (2) and (4), if the person entitled has received a compensation, the refund in kind is conditional on the reimbursement of an amount representing the amount of the compensation received, updated with the established update coefficient. + Article 13 (1) In the case of buildings returned by the administrative procedures provided by this law or by judicial decision, the provisions on rental contracts contained in Government Emergency Ordinance no. 40/1999 on the protection of tenants and the establishment of rent for housing spaces, approved with amendments and additions by Law no. 241/2001 , with subsequent amendments and completions. (2) The tenancy contracts for the buildings returned in kind having the destinations shown in Annex no. 2 lit. b) section 2 which is an integral part of this law, shall be extended by right for a period of 3 years with the renegotiation of the other clauses of the contract, and the tenancy contracts for the buildings returned in kind having the destinations shown in the Annex No. 2 lit. b) section 1 shall be extended by law for a period of 1 year with the renegotiation of the other clauses of the contract. + Article 14 If the property returned by the administrative procedures provided for by this law or by court decision is the subject of a lease, concession, management or joint venture location, the new owner will subroga in the rights of the state or the holding legal person, with the renegotiation of the other clauses of the contract, if these contracts were concluded according to the law + Article 15 ((1) The rental contracts provided for in art. 6 of Government Emergency Ordinance no. 40/1999 will end for a period of 5 years. If the tenant is provided with another appropriate home, he is obliged to immediately release the occupied home. ((2) Failure to conclude the new lease in the case provided for in art. 9 and 10 of Government Emergency Ordinance no. 40/1999 , caused by the misunderstanding on the amount of the rent required by the owner or his claim to restrict the housing area for the persons referred to in art. 32 32 para. ((1) of the same ordinance, attracts the extension of the right of the lease until the conclusion of the new contract. (3) For the tenants individuals of the buildings returned in kind, as well as for those in the dwellings provided for in art. 26 26 para. (1) of Government Emergency Ordinance no. 40/1999 , whose monthly net income per family member is between the average net monthly income on the economy and its double, the maximum level of rent cannot exceed 25% of the monthly net income per family. Art. 31 31 para. ((2) and the art. 33 *) of Government Emergency Ordinance no. 40/1999 it shall apply accordingly. If the rent so calculated is less than that calculated according to art. 26-30 of Government Emergency Ordinance no. 40/1999 , the owner is exempt from the land and building tax and is cleared of liability for his obligations during the term of the respective lease. Note
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* *) Article 33 was repealed by Law no. 241/2001 for approval Government Emergency Ordinance no. 40/1999 on the protection of tenants and the establishment of rent for housing spaces.
---------- (4) For persons with disabilities, for persons provided for in Law no. 42/1990 **) for honoring the heroes-martyrs and granting rights to their descendants, the injured, as well as the fighters for the victory of the Revolution of December 1989, republished, as amended, in Law no. 44/1994 on war veterans, as well as some rights of war-widows and widows, republished, as amended, and in Decree-Law no. 118/1990 on the granting of rights to persons persecuted for political reasons of dictatorship established with effect from 6 March 1945, as well as those deported abroad or constituted in prisoners, republished, as amended, to making compulsory exchange provided for in Head. II of Government Emergency Ordinance no. 40/1999 the home provided must provide for conditions of use similar to those existing in the home owned. Note
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** **) Law no. 42/1990 has been repealed by art. 17 17 of Law no. 341/2004 , published in the Official Gazette of Romania, Part I, no. 654 654 of 20 July 2004.
---------- ((5) Tenants whose tenancy contracts have not been renewed for the reasons set out in art. 14 14 para. ((2) lit. a) and b) of Government Emergency Ordinance no. 40/1999 have priority given to the provision of facilitations provided for by Home Law no. 114/1996 , republished, with subsequent amendments and completions, as well as those provided by Law no. 152/1998 on the establishment of the National Housing Agency, with subsequent amendments and completions. + Article 16 (1) In the situation of buildings having the destinations shown in Annex no. 2 lit. a), which is an integral part of this law, necessary and affected exclusively and directly to the activities of public interest, education, health or social-cultural, former owners or, as the case may be, their heirs are returned the property in the property with the obligation to maintain its affect for a period of up to 3 years, for those shown in section 3 3 of Annex no. 2 lit. a), or, as the case may be, up to 5 years from the date of issue of the decision or provision, for those shown in section 1, 2 and 4 of Annex no. 2 lit. a). -------------- Alin. ((1) of art. 16 16 has been amended by section 1 1 of art. I of LAW no. 74 74 of 26 March 2007 , published in MONITORUL OFFICIAL no. 215 215 of 29 March 2007. (2) During this period the payment of maintenance expenses related to the respective property lies with the holders. During the period provided in par. (1) the new owner will be the beneficiary of a rent in the amount established by Government decision. ----------- Alin. ((2) of art. 16 16 has been amended by section 5 5 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. (3) The owners shall take possession of the immovable property returned no later than 5 years after the acquisition of the property right. (4) If the owner provides another appropriate building, which complies with the legal norms and requirements of the conduct of the activity provided in par. (1), the user is obliged, within 90 days, to proceed with his release. + Article 17 (1) The residents of the buildings having the destinations shown in Annex no. 2 lit. a) and lit. b) section 1, which is an integral part of this law, have the right to purchase them. (2) This right may be exercised, under penalty of forfeiture, within 90 days from the date of receipt of the notice of intent to sell. (3) The notification is made by the bailiff, according to the law. (4) The sale-purchase contracts concluded in violation of the right of preemption are struck by nullity. + Article 18 The remedies shall be established only in the equivalent and in the following cases *): a) the entitled person was associated with the proprietary legal person of the buildings and assets at the time of their takeover improperly, unless the entitled person was sole associate or the entitled persons associated were members the same family; b) the building no longer exists on the date of entry into force of this law, except for buildings destroyed as a result of natural calamities; c) the property was disposed of in compliance with the provisions Law no. 112/1995 ,, as amended. -------------- Lit. c) of art. 18 18 has been amended by section 4.2 6 6 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 19 (1) In the case of buildings-constructions covered by the notifications made according to the procedures laid down in the head. III and to which they have been added, horizontally and/or vertically, in relation to the original form, new bodies whose unfolded area amounts to more than 100% of the area initially carried out and if the parties do not agree otherwise, the former owners shall be granted or, as the case may be, propose remedies by equivalent. The remedies by equivalent will consist in clearing with other goods or services offered in equivalent by the entity invested according to this law with the resolution of the notification, with the consent of the entitled person, or compensatory measures under the law on certain measures for the completion of the restitution process, in kind or by equivalent, of the buildings improperly taken over, during the communist regime in Romania *). -------------- Alin. ((1) of art. 19 19 has been modified by lit. a) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, by replacing a phrase. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (2) In the case of buildings-constructions covered by the notifications made in accordance with the procedures laid down in the head. III and to which they were added, horizontally and/or vertically, in relation to the original form, additional bodies in their own right, former owners or, as the case may be, their heirs, are returned, in kind, the area held in property on the date of passage into state property (3) The owner of the area added to the property taken has as a preemption to the purchase of the area returned to the former owner or, as the case may be, to his heir, 17 being applicable in these situations regardless of the quality of the holder. (4) The new owner of the area returned to the property according to par. (2) has a preemption right to the purchase of the area added to the property after its passage into state property, the provisions of art. 17 17 para. ((2) and (3) being applicable accordingly. + Article 20 ((1) Persons who have received compensation under the conditions Law no. 112/1995 , as amended, may require restitution in kind only if the property has not been sold until the date of entry into force of this law and only after the return of the amount representing the compensation received, updated with the index of inflation. -------------- Alin. ((1) of art. 20 20 has been amended by section 7 7 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. (2) If the property was sold in compliance with the provisions Law no. 112/1995 , as amended, the entitled person is entitled only to remedies by equivalent for the corresponding market value of the entire building, land and construction, established according to the international assessment standards *). If the entitled persons received compensation according to the provisions Law no. 112/1995 , as amended, they are entitled to the difference between the amount collected, updated with the inflation index, and the corresponding market value of the property. -------------- Alin. ((2) of art. 20 20 has been amended by section 7 7 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- ((2 ^ 1) If the property was sold in compliance with the provisions Law no. 112/1995 , as amended, tenants who bought in good faith the buildings in which they lived and whose sales contracts were abolished, either as a result of an action for annulment, or as a result of an action in the claim, by Final and irrevocable court decisions are entitled to a housing of housing funds managed by local councils and/or the Ministry of Development, Public Works and Housing *). -------------- Alin. (2 ^ 1) of art. 20 20 has been introduced by section 8 8 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. Note
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* *) Government Emergency Ordinance no. 221/2008 , The Ministry of Development, Public Works and Housing has been reorganized into the Ministry of Regional Development and Housing.
---------- (2 ^ 2) Persons referred to in par. (2 ^ 1) have the right to live with rent in these buildings and to buy them, the amount they paid for the purchase of the nationalized property and which was subsequently returned to the owner constituting, by updating at the level of the market, advance to new building. -------------- Alin. (2 ^ 2) of art. 20 20 has been introduced by section 8 8 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. (2 ^ 3) Until the realization of these dwellings, the evicted tenants may benefit from the rent assignment of some dwellings from the available real estate fund or in the administration of the Autonomous Regia " Administration of the Heritage Protocol Stat ". The rent for these dwellings will be determined according to Government Emergency Ordinance no. 40/1999 on the protection of tenants and the establishment of rent for housing spaces, approved with amendments and additions by Law no. 241/2001 ,, as amended. -------------- Alin. ((2 ^ 3) of art. 20 20 has been introduced by section 8 8 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. (3) In the cases provided in par. (2) the remedies by equivalent consist in compensation with other goods or services offered in equivalent by the entity vested under this law with the settlement of the notification, with the consent of the entitled person, or compensatory measures under the law on certain measures for the completion of the restitution process, in kind or by equivalent, of the buildings improperly taken over, during the communist regime in Romania *). -------------- Alin. ((3) of art. 20 20 has been modified by lit. a) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, by replacing a phrase. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (4) entitled persons who have not made requests according to the provisions Law no. 112/1995 , as well as those whose applications have been rejected or have not been resolved until the date of entry into force of this law have the right to make such a request under the conditions of this law. (5) In the situation of the buildings provided in par. (2), the remedies in equivalent shall be granted or, as the case may be, shall be proposed by reasoned disposition of the mayor, respectively of the general mayor of Bucharest *). Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Chapter III Refund procedures + Article 21 ((1) Imobiles-land and construction-improperly taken over, regardless of destination, which are held on the date of entry into force of this law by an autonomous direction, a company or national company, a commercial company to which its State an authority of the central or local public administration is a shareholder or majority associate, a cooperative organization or any other legal person governed by public law, shall be returned to the person entitled, in kind, by decision or, after case, by reasoned disposition of the governing bodies of the holding unit. (2) Provisions of para. ((1) are also applicable if the state or a central or local public authority or a cooperative organization is a shareholder or minority associate of the unit holding the property, if the value of the shares or shares held is more than or equal to the corresponding value of the property whose restitution in kind is required. (3) After issuing the decision of restitution in kind of buildings, the governing bodies of the companies provided in par. (1) and (2) will proceed, according to the provisions Law no. 31/1990 on companies, republished, to reduce the share capital with the value of the immovable property returned and to recalculate the patrimony. The share of the state or the authority of the public administration or, as the case may be, of the cooperative organization will diminish accordingly with the value of the immovable property returned. (4) In the case of buildings owned by administrative-territorial units the restitution in kind or by equivalent to the entitled person shall be made by reasoned provision of mayors, respectively of the general mayor of Bucharest, or, where applicable, of the President of the County Council *) (5) Under the sanction of absolute nullity, until the settlement of administrative procedures and, as the case may be, judicial, generated by this law, the alienation, concession, management location, joint venture, mortgage, the location, as well as any rental or sublease for the benefit of a new tenant, change of destination, encumbrance with tasks in any form of immovable property-land and/or constructions notified according to the provisions of this law. -------------- Alin. ((5) of art. 21 21 has been amended by art. I of LAW no. 135 135 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 22 (1) The entitled person shall notify within 6 months *) from the date of entry into force of this law the holding legal person, requesting the restitution in kind of the property. If several buildings are requested, a notification will be made for each building. (2) The notification will include the name and address of the notified person, the identification elements of the entitled person, the identification elements of the requested immovable property, as well as its estimated value. (3) The notification will be communicated by the bailiff of the court in whose territorial constituency there is the requested property or in whose constituency the legal person holding the property has its seat. The bailiff will record the notification and communicate it to the notified person within 7 days from the date of registration. (4) The recorded notification shall provide full proof before any authorities, natural or legal persons, of compliance with the deadline provided in par. ((1), even if it was addressed to another unit than the one holding the property. (5) Failure to comply with the 6-month period *) provided for sending the notification entails the loss of the right to seek redress measures in kind or by equivalent * *). ----------- * *) The term of 6 months has been successively extended by Government Emergency Ordinance no. 109/2001 and by Government Emergency Ordinance no. 145/2001 . Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 23 The supporting documents of the right of property or, as the case may be, of the quality of associate or shareholder of the legal person, as well as, in the case of heirs, those attesting to this quality and, where applicable, the documents describing the demolished construction and any other documents necessary for the assessment of restitution claims arising from this law, may be submitted until the date of resolution of the notification. + Article 24 (1) In the absence of evidence to the contrary, the existence and, as the case may be, the extent of the ownership, shall be presumed to be the one recognized in the normative act or by the authority ordering the measure of abusive takeover or the measure of taking over abusive. (2) In application of the provisions (1) and in the absence of evidence to the contrary, the person individualized in the normative act or by the authority by which he was ordered or, as the case may be, has been executed the measure of abusive takeover is presumed to hold the property under the name of owner. + Article 25 (1) Within 60 days from the registration of the notification or, as the case may be, from the date of submission of the supporting documents according to art. 23 the holding unit is obliged to rule, by decision or, where appropriate, by reasoned provision, on the application for restitution in kind. (2) The entitled person has the right to support in front of the governing bodies of the holding unit the application for restitution in kind. To this end she will be invited in writing, in a timely manner, to take part in the work of the management body of the holding unit. (. The decision or, where applicable, the reasoned provision shall be communicated to the person entitled no later than 10 days after the date of adoption. (4) The decision or, as the case may be, the provision for the approval of the refund in kind of the property shall provide proof of the property of the person entitled to it, shall have the evidentiary force of an authentic document and constitute enforceable title for possession, after fulfilling the formalities of real estate advertising. (5) The owners of which, through the administrative procedures provided for by this law, have been returned to the nature of the requested buildings will conclude with their current holders a pre-takeover protocol, compulsorily, within 30 days. days from the date of final stay of the decision/provision of restitution, a deadline after which, if the protocol has not been signed, a minutes of unilateral finding of the takeover of the property will be concluded in the presence of the bailiff. (6) The decision or, where applicable, the provision referred to in par. ((4) must be executed within 3 years from the date of receipt by the entitled person. (7) The provisions of par. (1)-(6) are also applicable to the provisions issued by mayors or, as the case may be, by the presidents of the county councils 21 21 para. ((4). + Article 26 (1) If the refund in kind is not possible, the holder of the property or, as the case may be, the entity invested according to this law with the settlement of the notification shall be obliged, by decision or, as the case may be, by reasoned provision, within the time art. 25 25 para. (1), to grant the person entitled in compensation other goods or services or to propose the granting of compensatory measures under the law on certain measures for the completion of the restitution process, in kind or by equivalent, of buildings improperly taken over, during the communist regime in Romania, in situations where the compensation measure is not possible or it is not accepted by the entitled person *). -------------- Alin. ((1) of art. 26 26 has been modified by lit. a) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, by replacing a phrase. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (2) Provisions of para. (1) are also applicable in the case of buildings disposed of by the legal entities provided in art. 21 21 para. ((1), (2) and (4). (3) The decision or, as the case may be, the reasoned provision for the rejection of the notification or the application for restitution in kind may be appealed by the person claiming to be entitled to the civil section of the tribunal in whose constituency the establishment of the establishment the holder or, as the case may be, of the entity invested with the settlement of the notification, within 30 days of the communication. The tribunal's ruling is subject to appeal, which is a matter for the appellate court ------------ Alin. ((3) of art. 26 26 has been amended by art. XII of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. (4) If the reasoned provision for the resolution of the application for restitution in kind is appealed by the entitled person, depending on the evidence on file, the entity that issued the provision will adopt a standing position reported to the These. Also, the entity that issued the provision will decide, motivated, on a case-by-case basis, whether it will exercise the remedies provided by law, in the case of solutions given by the courts. (5) If the accepted offer consists of immovable property, the provisions of art. 25 25 para. ((4). (6) If the accepted offer consists of movable property or services, the provisions of the common law in the matter shall be applicable as appropriate. + Article 27 (1) Provisions art. 25 25 are also applicable if the notified legal person holds only in part the immovable property requested. In this situation the holding legal person will issue the decision motivated by restitution only for the part of the building he owns. (2) The notified legal person shall communicate to the person entitled all data concerning the natural or legal person holding the other part of the requested property. At the same time it will annex to communication and children from the documents of transfer of ownership or, as the case may be, of administration. If it does not hold these data the notified legal person will communicate this fact to the entitled person. (3) The communication referred to in paragraph (2) and, as the case may be, the attached acts will be transmitted to the person entitled by registered letter with acknowledgement of receipt. (4) The term of 6 months *) provided in art. 22 22 para. (1) flows in this case from the date of receipt of the communication provided in par. ((3). ---------- *) The deadline has been extended. See footnote from art. 22 22 para. ((1). (5) Provisions of para. ((2), (3) and (4) shall apply accordingly and if the notified unit does not even in part hold the requested property, but shall communicate to the person entitled the identification data of the holding unit. (6) Provisions art. 26 26 shall apply accordingly. + Article 28 (1) If the entitled person does not know the holder of the requested real estate, the notification will be sent to the town hall in whose radius the building is located, namely the Bucharest City Hall. The 6-month period *) provided for in art. 22 22 para. (1) flows, as the case may be, from the date of entry into force of the present law or from the date of receipt of the communication provided 27 27 para. ((3). ---------- *) The deadline has been extended. See footnote from art. 22 22 para. ((1). (2) Within 30 days the notified city hall is obliged to identify the holding unit and to communicate to the person entitled the elements of its identification. (3) If the holding unit has not been identified, the entitled person may sue the state, through the Ministry of Public Finance, within 90 days from the date on which the deadline provided in par. (1), if it has not received the communication from the city hall, or from the date of communication, requesting the refund in kind or, as the case may be, remedies by equivalent in the forms provided by this law * *). Note
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*) The deadline has been extended. See footnote from art. 22 22 para. ((1).
---------- Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 29 (1) For buildings highlighted in the patrimony of privatized companies, other than those provided in art. 21 21 para. (1) and (2), entitled persons are entitled to compensatory measures under the law on certain measures for the completion of the process of restitution, in kind or by equivalent, of the buildings improperly taken over, during the period of the regime Communist in Romania, corresponding to the market value of the requested buildings *). -------------- Alin. ((1) of art. 29 29 has been modified by lit. a) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, by replacing a phrase. (2) Provisions of para. ((1) are also applicable if the buildings have been disposed of. (3) In the situation of the buildings provided in par. ((1) and (2), the remedies in equivalent shall be proposed by the public institution that performs or, as the case may be, carried out the privatization, the provisions of art. 26 26 para. ((1) being properly applicable *). Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- (4) In the case of immovable property taken on a valid basis, disposed of in any form of the patrimony of the central or local public administration, the entitled person shall notify the governing bodies thereof. In this case, the remedies in the equivalent will consist in clearing with other goods or services offered in equivalent by the entity vested under this law with the resolution of the notification, with the consent of the entitled person, or measures compensatory under the law on certain measures for the completion of the restitution process, in kind or by equivalent, of the buildings improperly taken over, during the communist regime in Romania * *). -------------- Alin. ((4) of art. 29 29 has been modified by lit. a) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, by replacing a phrase. Note
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By CONSTITUTIONAL COURT DECISION no. 830 830 of 8 July 2008 , published in MONITORUL OFFICIAL no. 559 of 24 July 2008 the exception of unconstitutionality of the provisions art. I section 60 60 of Title I of Law no. 247/2005 on reform in the areas of property and justice, as well as some adjacent measures, and it was found that by repealing the phrase "buildings taken by valid title" from the contents art. 29 29 para. ((1) of Law no. 10/2001 , it infringes the provisions of 15 15 para. ((2) and art. 16 16 para. (1) of the Constitution.
Based on Law no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005, Law no. 10 10 of 8 February 2001 was republished in the Official Gazette no. 798 798 of 2 September 2005, so that Article 27 of the Law no. 10 10 of 8 February 2001 republished in the Official Gazette no. 279 of 4 April 2005 becomes art. 29 in the last republished form of the said law.
Under art. 147 of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003, the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law.
Therefore, between 24 July 2008 and 7 September 2008, the abovementioned provisions were suspended by law, ending its legal effects, as of 8 September 2008, since the legislator did not intervene to amend Under attack.
---------- Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 30 Repealed. ---------- Article 30 was repealed by point (a). 6 6 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. + Article 31 (1) Persons shown in art. 3 3 para. ((1) lit. b) are entitled to compensatory measures under the law on certain measures for the completion of the restitution process, in kind or by equivalent, of the buildings improperly taken over, during the communist regime in Romania. -------------- Alin. ((1) of art. 31 31 has been modified by lit. a) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. (2) The provisions of par. (1) does not benefit the natural or legal persons who have received compensation until the date of entry into force of this law, under the conditions of art. 5. (3) The repair measures by equivalent provided in par. (1) shall be proposed after determining the recalculated value of the shares, by reasoned decision of the Authority for the valorisation of State Assets *) -------------- Alin. ((3) of art. 31 31 has been amended by art. I of LAW no. 302 302 of 6 October 2009 , published in MONITORUL OFFICIAL no. 680 680 of 9 October 2009. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- ((4) The recounting of the value of the shares is based on the net asset value of the last accounting balance, with the use of the discount coefficient established by the National Bank of Romania by Order no. 3/2001 on the coefficient of updating the value of the leu from June 11, 1948 until February 14, 2001 and the inflation index established by the National Institute of Statistics, as well as the provisions Law no. 303/1947 for the recalculation of the assets of the stock companies, if the balance sheet is prior to that The update is made by February 14, 2001. -------------- Alin. ((4) of art. 31 31 has been amended by art. 49 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, by replacing a phrase. (5) Within 30 days from the date of entry into force of this Law, the National Bank of Romania shall establish the coefficient of updating the value of the leu from June 11, 1948 until the date of entry into force of this Law. (6) Within 60 days from the date of receipt of the request of the entitled person or within the extended period according to art. 28 *) the public institution involved in the privatisation will determine by decision or, as the case may be, the recalculated value of the shares. Note
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* *) Sending refers to the old art. 28 28 of Law no. 10/2001 , as republished in the Official Gazette of Romania, Part I, no. 279 279 of 4 April 2005, which was repealed by art. I section 65 of Title I of Law no. 247/2005 on reform in the areas of property and justice as well as some adjacent measures.
Article 28, repealed, had the following content:
"" Art. 28. --(1) Within 60 days from the date of receipt of the request of the person entitled the governing bodies of the public institution involved in privatization, provided in art. 27 27 para. ((2), respectively of the cooperative organization provided for in art. 27 27 para. (4), shall determine by decision or, where appropriate, by reasoned provision the value and manner of the corresponding remedies agreed by the negotiation. (2) The 60-day period referred to in par. ((1) may be extended only at the request of the entitled person, in order to complete the necessary evidence, or in case of impossibility of presenting the entitled person, proven with documents. The extension of the deadline in order to complete the necessary evidence may not exceed 18 months from the date of registration of the notification, under the sanction of the resolution of the application on the basis of the supporting documents
---------- + Article 32 (1) In the case of demolished buildings-constructions, the notification made by the entitled person shall be settled according to art. 10 or 11 by reasoned provision of the mayor of the administrative-territorial unit in whose radius was located the building, respectively of the general mayor of Bucharest. (2) Provisions art. 22 22-28 shall apply accordingly. + Chapter IV Liabilities and penalties + Article 33 The violation of the provisions of this law attracts, as appropriate, disciplinary, administrative, contravention, civil or criminal liability. + Article 34 The abusive exercise of the right to file notifications for the return of immovable property under this law shall entail civil liability for the damage caused. + Article 35 The act of notifying the legal person holding the property, knowing that it is not entitled according to the present law to remedies, in order to prevent the conclusion of legal acts to dispose of it or legal acts within the privatization process, if a damage was caused, constitutes a crime and is punishable by imprisonment from 3 months to 3 years or with a fine. + Article 36 Repealed. -------------- Article 36 was repealed by art. 89 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 37 Repealed. -------------- Article 37 was repealed by art. 89 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 38 (1) Failure to comply with the obligations laid down by this law shall entail the contravention liability of the head of the local or central public administration authority, of the institution or, as the case may be, of the autonomous directing company cooperative to which they incite these obligations. -------------- Alin. ((1) of art. 38 38 has been amended by art. 44 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. (2) The following facts are contraventions: a) the unjustified delay of the settlement of the notification of the entitled person; b) violation of the obligation provided for in 25 25 para. ((2) sentence II; c) violation of the obligation provided for in 25 25 para. ((3); d) violation of the obligation provided for in 25 25 para. ((5); e) violation of the prohibition of alienation, provided in art. 21 21 para. ((5). f) violation of the obligation provided for in 1 1 para. ((5); ------------ Lit. f) a par. ((2) of art. 38 38 was introduced by section 4.2. 7 7 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. g) violation of the obligation provided for in 6 6 para. ((5); ------------ Lit. g) a par. ((2) of art. 38 38 was introduced by section 4.2. 7 7 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. h) violation of the prohibition provided for in 10 10 para. ((11). ------------ Lit. h) a par. ((2) of art. 38 38 was introduced by section 4.2. 7 7 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. (2 ^ 1) It constitutes contravention and is sanctioned with a fine of 5,000 lei (RON) to 10,000 lei (RON) the following facts, if not committed under such conditions that according to the law to be considered a crime: preventing or evading from carrying out the control, prohibiting the access of the competent control bodies or failure to submit the documents ------------ Alin. (2 ^ 1) of art. 38 38 has been introduced by section 8 8 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. ((2 ^ 2) If the control body considers it necessary, the police, gendarmerie or other agents of the public force, as the case may be, are obliged to grant the contest for obtaining the data and information necessary to carry out the activity of control as well as for the performance of any other activities necessary for this purpose. ------------ Alin. (2 ^ 2) of art. 38 38 has been introduced by section 8 8 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. ((3) The facts provided in par. ((2) lit. a)-d) is sanctioned with a fine of 500 lei (RON) to 5,000 lei (RON). The facts provided in par. ((2) lit. e) is sanctioned with a fine of 50,000 lei (RON) per 100,000 lei (RON). The facts provided in par. ((2) lit. f) and g) are sanctioned with a fine of 2,000 lei (RON) to 3,000 lei (RON), and the facts provided in par. ((2) lit. h) is sanctioned with a fine of 50,000 lei (RON) per 100,000 lei (RON). ------------ Alin. ((3) of art. 38 38 has been amended by section 9 9 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. (4) In the case of autonomous regions, the companies provided in art. 21 21 para. (1) and (2), cooperative organizations, ministries and other central public institutions, the finding of contraventions and the application of sanctions return to the National Authority for Property Restitution, through its control body. (5) In the case of local public administration authorities located within the territorial area of the county, respectively of the city of Bucharest, the finding of contraventions and the application of sanctions the framework of the National Authority for the Restitution of the Properties or Prefect of the County or of the Municipality of Bucharest or the persons designated by them from the ------------ Alin. ((5) of art. 38 38 has been amended by section 1 1 of art. I of LAW no. 263 263 of 27 June 2006 , published in MONITORUL OFFICIAL no. 572 572 of 3 July 2006. (6) The activity of the prefect of the county, respectively of Bucharest, provided in par. (5) is subject to the control of the National Authority for Property Restitution, through its control body. Insofar as it ascertains the failure or improper performance of the obligations provided in par. (5) will propose appropriate measures to the Minister of Administration and Interior. + Article 38 ^ 1 (1) The local and central public administration authorities, as well as the other entities invested with the resolution of the notifications, are obliged to make available to the control bodies, respectively the Control Corps of the National Authority for the restitution of the properties or, as the case may be, of the prefect of the county or of the city of Bucharest or persons designated by them within the prefect's institution, the refund files requested, as well as any documents relating to the statement of refunds required under this law. ------------ Alin. ((1) of art. 38 ^ 1 has been amended by section 4.2 2 2 of art. I of LAW no. 263 263 of 27 June 2006 , published in MONITORUL OFFICIAL no. 572 572 of 3 July 2006. (2) The legal representatives of the entities invested with the resolution of the notifications are obliged to designate during their absence from the institution or company, by order/disposition or decision, a person to make available to the control within the National Authority for the Restitution of Properties or the Prefect of the County or of the Municipality of Bucharest or the persons designated by them within the Prefect's Institution control. ------------ Alin. ((2) of art. 38 ^ 1 has been amended by section 4.2 2 2 of art. I of LAW no. 263 263 of 27 June 2006 , published in MONITORUL OFFICIAL no. 572 572 of 3 July 2006. (3) The authorities of the local public administration, as well as the other entities involved in the resolution of the notifications submitted according to the provisions of the present law, are obliged to communicate the situation of restitution (4) The central public administration authorities, as well as the prefectures, are obliged to communicate monthly to the National Authority for the Restitution of Properties the situation of restitution (5) Violation of the obligation provided in par. ((2), (3) and (4), as well as the non-communication or erroneous communication of the data provided in par. (3) and (4) constitute contravention, attracting the sanctioning of the head of the institution with a fine of 3,000 lei (RON) to 10,000 lei (RON). ------------ Alin. ((5) of art. 38 ^ 1 has been amended by section 4.2 2 2 of art. I of LAW no. 263 263 of 27 June 2006 , published in MONITORUL OFFICIAL no. 572 572 of 3 July 2006. ------------ Art. 38 ^ 1 was introduced by item 11 11 of art. unique from Title I of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. + Article 39 Provisions art. 38 is completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 40 Non-compliance with the obligation provided 25 25 para. (5) attracts the obligation of the holder to whom this obligation is to pay the new owner an amount calculated per day of delay, representing the value of the lack of use of the property returned. + Chapter V Transitional and final provisions + Article 41 (1) The distractions and degradations caused to the buildings covered by this law after its entry into force and until the actual surrender to the entitled person fall to the holder of the property. (2) The holder of the property, in the presence of the entitled person, will conclude a report on the state of affairs of the property, no later than 15 days from the date of the request. (3) In case of non-compliance by the holder of the property of the term provided in par. (2), the entitled person may address the bailiff, who will draw up the minutes on the real situation of the property. (4) In order to recover the expenses incurred by the person entitled for the preparation of the minutes on the factual situation of the property through the judicial executor the certified copy of the minutes constitutes enforceable title against the owner of the property. + Article 42 ((1) The mobiles following the procedures laid down in the head. III is not returned to entitled persons remain in the administration of current holders. (2) Imobiles with a destination other than that of dwelling, provided in par. (1), may be trained according to the legislation in force. Holders of title valid on the date of entry into force of this Law have the right of pre-emption. (3) The furniture with the destination of housing, provided in par. (1), may be disposed of according to the legislation in force, tenants having the right of pre-emption. (4) The amounts collected as a result of the sale of the buildings provided in par. (3) will feed the fund provided for art. 13 13 para. 6 6 of Law no. 112/1995 . + Article 43 Repealed. ------------ Article 43 was repealed by point (a). 9 9 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. + Article 44 (1) Persons who have been returned to the nature of a house with a dwelling destination and who rent in the same locality a dwelling from the state housing stock are obliged to provide the town hall with this dwelling on the date of the move flocks in the property returned. The dwellings in the state housing stock issued are constituted in a special housing fund for tenants from the buildings returned to the former owners. (2) Families with financial means below the minimum income level on the economy, invalids, pensioners and persons with disabilities will be provided with social housing built from a fund constituted in the share of 2% of the amounts obtained from privatization and which will be provided annually in the state budget law. + Article 45 (1) The legal acts of alienation, including those made in the privatization process, having as immovable object that fall under the provisions of this law, are valid if they were concluded in compliance with the laws in force at the time alienation. (2) The legal acts of estrangement, including those made in the privatization process, having as immovable object taken without a valid title, thus considered prior to the entry into force of the Law no. 213/1998 , with subsequent amendments and completions, are hit by absolute nullity, apart from the case in which the act was concluded in good faith. ------------ Alin. ((2) of art. 45 45 has been amended by section 10 10 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. (2 ^ 1) Purchase-purchase contracts concluded pursuant to Law no. 112/1995 , as amended, are authentic instruments and constitute an opposable property title from the date of their conclusion. ------------ Alin. (2 ^ 1) of art. 45 45 has been introduced by section 11 11 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. ((3) Abrogat. ------------ Alin. ((3) of art. 45 45 has been repealed by section 6.6. 12 12 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. (4) The legal acts of estrangement, including those drawn up in the privatization process, having as their real estate taken over with valid title, are hit by absolute nullity if they have been concluded in violation of the imperative provisions of the laws in force on the date of disposal. (5) By way of derogation from the common law, regardless of the cause of invalidity, the right to action shall be prescribed within one year * *) from the date of entry into force of this Law. ---------- ** **) The term of one year has been successively extended by Government Emergency Ordinance no. 109/2001 and by Government Emergency Ordinance no. 145/2001 . + Article 46 (1) The provisions of the present law are also applicable in the case of pending actions, the entitled person may choose the path of these laws, giving up the trial of the case or requesting the suspension of the case. (2) In case of actions formulated according to art. 45 and 47, the restitution procedure started under this law is suspended until those actions are resolved by final and irrevocable court decision. The entitled person will immediately notify the notified person, according to art. 22 22 para. ((1). (3) If the entitled person has been rejected, by final and irrevocable court decision, the action on the restitution in kind of the good requested, the notification period provided for in art. 22 22 para. (1) flows from the date of final and irrevocable stay of the court decision. (4) The entitled person has the obligation to follow the path provided by this law, after its entry into force. The provisions of this law apply with priority. ------------ Alin. ((4) of art. 46 46 has been introduced by section 13 13 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. + Article 47 Ceased legal effects. ------------- Article 47 has ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 1.055 1.055 of 9 October 2008 , published in MONITORUL OFFICIAL no. 737 737 of 30 October 2008. Note
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By CONSTITUTIONAL COURT DECISION no. 1.055 1.055 of 9 October 2008 , published in MONITORUL OFFICIAL no. 737 of 30 October 2008 the exception of unconstitutionality of the provisions art. 47 47 of Law no. 10/2001 on the legal regime of immovable buildings improperly taken over from March 6, 1945 to December 22, 1989, finding that these provisions are unconstitutional.
Under art. 147 of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003, the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law.
Therefore, between 30 October 2008 and 14 December 2008, the abovementioned provisions were suspended by law, ending its legal effects, as of 15 December 2008, since the legislator did not intervene to amend Under attack.
---------- + Article 48 (1) The tenants have the right to compensation for the value increase brought to the buildings with the destination of housing through the necessary and useful improvements. (2) Regardless of whether the property was taken on a valid or non-title basis, the obligation of compensation provided in par. (1) returns to the entitled person. ------------ Alin. ((2) of art. 48 48 has been amended by section 14 14 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. ((3) Abrogat. ------------ Alin. ((3) of art. 48 48 has been repealed by section 6.6. 15 15 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. (4) The amount of compensation provided in par. ((1) shall be established on the basis of expertise. (5) By improvements, for the purposes of this law, the necessary and useful expenses are understood. The amount of compensation shall be determined at the present value of the expenditure, decreasing the attrition of the improvements, in relation to their normal life, which shall be borne by the tenants. + Article 49 The secretaries of administrative-territorial units will take measures to preserve all the files constituted by the implementing committees of the Law no. 112/1995 , will issue, on request, children from the existing documents on file and will give the relations requested by the entitled persons. + Article 50 (1) Applications or actions in the judiciary, as well as the transcription or intabulation of title deeds, related to the application of the provisions of this law and to the goods covered by it, are exempt from stamp duty. ((2) Applications or legal actions regarding the refund of the updated price paid by tenants whose sales contracts, concluded with the circumvention of the provisions Law no. 112/1995 , have been abolished by final and irrevocable court decisions are exempt from stamp duty. ((2 ^ 1) Applications or legal actions having as object the restitution of the market price of the buildings, regarding the sales contracts concluded in compliance with the provisions Law no. 112/1995 , as amended, which have been abolished by final and irrevocable court decisions, are exempt from stamp duties. ------------ Alin. (2 ^ 1) of art. 50 50 has been introduced by section 16 16 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. (3) Restitution of the price provided in par. (2) and (2 ^ 1) shall be made by the Ministry of Economy and Finance *) from the extra-budgetary fund constituted under the art. 13 13 para. 6 6 of Law no. 112/1995 ,, as amended. ------------ * *) Government Emergency Ordinance no. 221/2008 , the activity and structures specialized in the economic field were taken from the Ministry of Economy and Finance by the Ministry of Economy, and the activity and specialized structures on finance were taken from the Ministry of Economy Economy and Finance by the Ministry of Public Finance. ------------ Alin. ((3) of art. 50 50 has been amended by section 17 17 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. + Article 50 ^ 1 (1) Owners whose sales contracts, concluded in compliance with the provisions Law no. 112/1995 , as amended, were abolished by final and irrevocable court decisions are entitled to the restitution of the market price of the buildings, established according to the international assessment standards *). (2) The amount of compensation provided in par. ((1) shall be established by expertise. ------------ Article 50 ^ 1 has been introduced by item 18 18 of art. I of LAW no. 1 1 of 30 January 2009 , published in MONITORUL OFFICIAL no. 63 63 of 3 February 2009. Note
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Under lit. b) a art. 50 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 of 17 May 2013, any provision relating to the valuation of buildings according to international assessment standards and to the remedy of compensation with other goods or services offered in equivalent, provided for in Law no. 10/2001 , republished, with subsequent amendments and completions, is repealed.
---------- + Article 51 In order to organize the execution of the provisions of this law, the Government is empowered to issue methodological norms for its unitary application. + Article 52 On the date of entry into force of this Law, any other provisions shall be repealed. --------------- Article 52 was amended by RECTIFICATION no. 10 10 of 8 February 2001 , published in MONITORUL OFFICIAL no. 914 914 of 12 October 2005. NOTE: See also Title II of the Government Emergency Ordinance no. 184/2002 . + Annex 1 LIST including agreements concluded by Romania with other states on the regulation of suspended financial problems a) Agreement between Romania and the Republic of Austria, signed in Bucharest on 3 July 1963, entered into force on 27 April 1965, ratified by Decree no. 784 784 of 31 December 1963 , published in the Official Bulletin, Part I, no. 25 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, approved by H.C.M. no. 197 197 of 2 March 1971 c) Agreement between Romania and the Kingdom of Denmark, signed in Bucharest on 17 March 1960, entered into force on 12 September 1960, ratified by Decree no. 173/1960 , published in the Official Bulletin, Part I, no. 8 8 of 17 June 1960 d) Agreement between Romania and the French Republic, signed in Bucharest on February 9, 1959, entered into force on the date of signature, ratified by H.C.M. no. 353 353 of 25 March 1959 e) Agreement between Romania and Greece, signed in Athens on 2 September 1966, entered into force on the date of signature, ratified by Decree no. 956 956 of 30 November 1966 , published in the Official Bulletin, Part I, no. 76 76 of 6 December 1966 f) 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. 569 569 of 4 July 1968 , published in the Official Bulletin, Part I, no. 91 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 in London on 10 November 1960, entered into force on the date of signature h) 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. 425 425 of 5 July 1965 , published in the Official Bulletin, Part I, no. 22 22 of 9 July 1965 i) Agreement between the Government of Romania and the Royal Government of the Netherlands, signed in The Hague on 8 May 1967, entered into force on 31 July 1967, approved by H.C.M. no. 1.645 1.645 of 13 July 1967 j) Agreement between the Romanian Government and the Government of the Republic of Turkey, signed in Bucharest on 22 June 1965, entered into force on 15 March 1967, ratified by Decree no. 623 623 of 19 August 1965 , published in the Official Bulletin, Part I, no. 28 28 of 20 August 1965 k) Agreement between the Government of Romania and the Government of Canada, signed in Ottawa on 13 July 1971, entered into force on 14 December 1971, ratified by Decree no. 373 373 of 18 October 1971 , published in the Official Bulletin, Part I, no. 136 136 of 27 October 1971 l) Agreement between Romania and the United States of America, signed in Washington on 30 March 1960, entered into force on the date of signature m) Any other such agreements concluded by Romania with other states regarding the regulation of financial problems in suspension + Annex 2 a) List of buildings covered by the art. 16 16 of Law no. 10/2001 , republished: 1. Imobile occupied by educational establishments and institutions in the state system (kindergartens, schools, high schools, colleges, vocational schools, post-secondary schools, higher education institutions) 2. Imobile occupied by health and social care units in the public system (crèches, hospital-homes for the elderly, hospitals, foster care, children's homes) 3. Imobiles occupied by financial administrations, treasuries, ministries and other central public administration authorities, prosecutor's offices, judges, courts, appeals courts, police, border police, gendarmeries, community public services for emergency situations, customs offices, national archives, county directions, health insurance houses, mayors, prefectures, local and county councils, school inspectorates; ----------- Item 3 of the letter. a) of Annex 2 has been amended by point 3 3 of art. I of LAW no. 263 263 of 27 June 2006 , published in MONITORUL OFFICIAL no. 572 572 of 3 July 2006. 4. Imobiles occupied by public cultural institutions: theatres, works, libraries, museums, philharmonics, culture centers. ------------ Item 4 of the letter. a) of Annex 2 has been amended by point 2 2 of art. I of LAW no. 74 74 of 26 March 2007 , published in MONITORUL OFFICIAL no. 215 215 of 29 March 2007. b) List of buildings covered by the art. 13 13 para. ((2) of Law no. 10/2001 , republished: 1 1. Imobiles occupied by premises of registered legal political parties 2. Imobile occupied by offices of diplomatic missions, consular offices, representatives of international intergovernmental organizations accredited in Romania and buildings occupied by their personnel Note
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NOTE:
We reproduce below the provisions art. II-VI of Title I of Law no. 247/2005 ,, which are not incorporated into the republished text of the Law no. 10/2001 and which continue to apply as own provisions of the Law no. 247/2005 :
"" Art. II. -(1) Decisions or provisions, or, as the case may be, the orders of the heads of the central public administration authorities, having as its object the granting of remedies in equivalent to the buildings art. 16 16 para. ((1) of Law no. 10/2001 on the legal regime of immovable property improperly taken from March 6, 1945 to December 22, 1989, republished, with the amendments made by this title, issued until the date of entry into force of this Law and invalid, can be appealed at the civil section of the tribunal in whose territorial constituency the seat of the holding unit is located, within 12 months from the date of entry into force of this Law. (2) The judgment given by the first instance may be appealed to the appellate court.
Art. III*). -The legal acts of estrangement having as their object real estate, concluded after February 14, 2001 with non-compliance with the prohibition provided for by art. 44 of Government Emergency Ordinance no. 40/1999 on the protection of tenants and the establishment of rent for housing spaces, approved with amendments and additions by Law no. 241/2001 ,, as amended, and which have not been appealed in court under the conditions art. 46 46 para. ((1) of Law no. 10/2001 , republished, may be appealed to the civil section of the tribunal in whose territorial area the notified property is located within 12 months from the date of entry into force of this title or, as the case may be, from the date of the conclusion contract.
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*) Art. 46 para. (1) has become, in the form republished, art. 41 41 para. ((1).
Art. IV*). --(1) Where, on the date of entry into force of this Law, the company provided for in art. 20 20 para. ((1) and (2) of Law no. 10/2001 on the legal regime of immovable property improperly taken from March 6, 1945 to December 22, 1989, republished, with the amendments made by this title, ceased its activity as a legal person, the competence to settle the application for restitution returns to the entity that exercised, on behalf of the State, the status of shareholder in that company.
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*) Art. 20 para. ((1) and (2) and art. 27 27 para. (1), (1 ^ 1) and (2) have become, in the republished form, art. 21 21 para. ((1) and (2) and art. 29 29 para. ((1), (2) and (3). (2) In the situation referred to in par. ((1) provisions art. 27 27 para. ((1), (1 ^ 1) and (2) of Law no. 10/2001 on the legal regime of immovable property improperly taken from March 6, 1945 to December 22, 1989, republished, with the amendments made by this title, will apply accordingly.
Art. V.-(1) Non-settled notifications until the date of entry into force of this title, having as object constructions of any kind, located in the extravilan of the localities, belonging to the agricultural holdings and which were passed into the property the state, construction on the forest land, which were part of the logging on the date of passage into state property, will be submitted for settlement, within 60 days, to the communal, city and municipal commissions constituted according to Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, and Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions. (2) Provisions of para. ((1) shall also be applied in respect of the land referred to in art. 8 8 para. ((1) of Law no. 10/2001 , republished.
Art. VI* *). -The buildings disposed of in violation of the legal provisions, object of legal acts abolished by final and irrevocable judicial decisions, notified according to art. 21 21 para. ((1) of Law no. 10/2001 , republished, shall be returned to nature. "
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**) Article 21 para. (1) has become, in the form republished, art. 22 22 para. ((1).
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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

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