Application for rectification of the title deed issued under Law No 18/1991. Territorial jurisdiction

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

By Decision No 19 of 29.03.2021 of the High Court of Cassation and Justice, Division for the resolution of questions of law, published in the Official Gazette No 462 of 29.04.2021, it was established that, in interpreting the provisions of Article 59¹ para. (2) in relation to Art. 58 of the Land Law no. 18/1991, republished, as amended and supplemented, as supplemented by Art. 92 para. 2 of Government Emergency Ordinance no. 81/2011 on some measures for the organization of the National Agency for Cadastre and Real Estate Publicity, as well as for the amendment of some normative acts, approved with amendments and additions by Law no. 219/2012 and Art. 235 para. (3) of the Regulation on the approval, reception and registration in the cadastre and land register records, approved by Order of the Director General of the National Agency for Cadastre and Real Estate Publicity No. 700/2014, with subsequent amendments and additions, the court has jurisdiction to adjudicate on the merits of applications for rectification of title deeds issued under Law No. 18/1991, Article 58 of this act being applicable in this case as well.

The reference to the provisions of Article 58 of Law no. 18/1991, which, from the point of view of topography, is placed after the provisions of Articles 53 – 57 of the same normative act, together with which they form a whole, in conjunction with the content of this text, according to which "on the basis of the final court decision, the county commission, which issued the title deed, shall amend, replace or abolish it", leads to the logical conclusion that territorial jurisdiction is determined by applying the provisions of Article 53 para. (2) of Law 18/1991, there being no other rule of jurisdiction applicable in this case.