Action based on Law no. 10/2001. Notification submitted after the entry into force of Law no. 247/2005. Consequences

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

According to Art. 21 para. (1) of Law no. 10/2001, in its initial wording, which became Art. 22 after the law was republished, the entitled person shall notify the owner legal person, within 6 months after the law enters into force – a period successively extended with three months by the Government Emergency Ordinance no. 109/2001 and the Government Emergency Ordinance no. 145/2001, until 14 February 2001, requesting the return of the property in kind and, in case of several properties, a notification shall be sent for each of them. Para. (5) of the same article imperatively provides that non-compliance with the time limit referred to in para. (1) for sending the notification results in losing the right to apply for remedies in kind or by equivalent in court. This is a limitation period, which means that, in case the entitled person has failed to send the notification within this period, it loses the very right to apply in court for remedies in kind or by equivalent for the property in question. Even if the Law no. 247/2005 brought substantial amendments to Law no. 10/2001, however, by its provisions, neither the time limit for sending notifications was extended nor a new deadline for sending notifications regarding the properties subject to this law was established. In other words, the amendments brought to Law no. 10/2001 by Law no. 247/2005 did not reinstate the entitled persons in the time limit for submitting notifications