Land taken over by the state on the basis of art. 30 of Law no. 58/1974. Request for refund submitted by the buyer of the construction, under the Law no. 10/2001

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

The essential condition for having the right to redressive measures based on Law no. 10/2001 is that the holders of the request prove that they or their author were the owners of the property, at the time when it was taken over by the state. Thus, in the hypothesis of alienating the construction and passing the land to the state property, under the conditions of art. 30 paragraph (2) of Law no. 58/1974, even if the parties' agreement also concerned the land, the acquirer of the construction was not given the property right over the land, because, by law, the land was passed to the state property, directly from the seller's property. In case of cancellation of the takeover act, the property right over the land would have been regained by the seller, from whose patrimony the property was taken, and not by the buyer, to whom the sale contract did not convey the property right on the land.