Request based on the provisions of Law no. 165/2013. ANRP’s obligation to issue the payment title only subsequent to the issuance by the CNCI of the compensation title

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

ANRP cannot be forced to issue the payment title in the absence of prior issuance of the compensation title by CNCI, a conclusion that derives from the mapping of the legal texts that regulate the competences of each of the authorities in this matter. The lack of a provision or decision issued by the mayor or by the entities against which the enforceable title was pronounced under Law no. 10/2001, does not constitute an impediment in issuing the title of compensation and subsequently of the payment title, under the conditions in which the civil court itself, by court decision, established the extent of the damages for the land, so that the issuing of a new provision / decision which would include the statements from the civil sentence argumentations is useless, the court judgement establishing with force of res judicata the amount of damages. Although ANRP has the attribution of issuing the payment title, according to art. 41 paragraph 4 of the law 165/2013, this obligation can be imposed as its task only under the condition of a express formulation of a request with this object, and only subsequent to the issuance by the CNCI of the title of compensations, according to art. 41 paragraph 3 of the same normative act.