Expropriation de facto. The right to compensation and interest

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

There is no actual expropriation as long as it was initiated, the public utility work was performed, but the entire procedure has not been carried out. This situation must be legally classified, and the closest institution is that of expropriation but, due to the specific differences, this is just an expropriation de facto. This legal classification was made under Art. 1 para. (2) of the Civil Code and Art. 5 para. (2) and (3) of the Civil Procedure Code, and the applicable material law provisions are Art. 44 para. (3) of the Romanian Constitution and Art. 562 para. (3) of the Civil Code. In conjunction with the obligation to establish the compensation, a legal obligation unfulfilled by the expropriator, under Art. 1535 of the Civil Code, the payment of interest is actually due from the time of occupying the land with the public interest work, because from that moment, the plaintiff was deprived of all the ownership right attributes, was expropriated de facto and the compensation obligation was due.