Law no. 165/2013. Failure to submit the notification within the period provided by Law no. 10/2001. Consequences
DREPT CIVIL ŞI DREPT PROCESUAL CIVIL
Abstract
The constant and unanimous judicial practice has been that neither Law no. 247/2005 nor Law no. 165/2013 operated a reinstatement in the time limit for submitting notifications for the properties subject to Law no. 10/2001 and did not establish a new time limit for submitting such notifications (see, in this respect, Cluj Court of Appeal, decision no. 215/A of 2 July 2009, in Buletinul Jurisprudenţei, 2009, p. 106; decision no. 213/A of 2 July 2009, in Buletinul Jurisprudenţei, 2009, p. 92; decision no. 173/A of 26 June 2008, in Buletinul Jurisprudenţei, 2008, p. 140 etc. ). Law no. 247/2005, which amended Law no. 10/2001, through Title no. I, did not operate a reinstatement in the time limit for submitting notifications in any case and did also not establish a new time limit in this respect. Under no circumstances can we speak about identical reasons, in the case of Law no. 10/2001, in relation to the amendments brought to the Land Fund Law by Law no. 247/2005, in the sense that, if the lawmaker extended the time limit within which one can request the return of the land subject to the Land Fund Law, by analogy, it automatically means that the time limit for submitting notifications for the properties subject to Law no. 10/2001 was also extended, for the simple reason that, if the lawmaker had wanted an extension of the latter time limit, it would have expressly stipulated it in the provisions of Law no. 247/2005. But, given the silence of the law, in relation to the fact that the lawmaker has not stipulated expressly in Law no. 247/2005 that the effect of this law extends the time limit for submission of notifications under Law no. 10/2001 or that the provisions of this law establish a new time limit in this respect, nobody is allowed to add to the law. The same arguments are also valid, mutatis mutandis, as regards Law no. 165/2013, amended by Law no. 368/2013.
