Appeal against the mayor's order issued on the basis of Law no. 10/2001. Misclassification of the subject-matter of the requesting for land in compensation as a modification of the action. Inapplicability of the valuation under successive amendments to Ar
DREPT CIVIL ŞI DREPT PROCESUAL CIVIL
Abstract
The manner in which the holding unit fulfils its obligation to draw up and display, at the end of each month, the list of assets which may be granted as compensation under Law nr. 10/2001 on the legal status of wrongfully acquired immovable property is subject to review by the court hearing the complaint of the person dissatisfied with the manner in which his claim has been dealt with. It is the court which, by virtue of its full jurisdiction, can sanction both the failure to draw up the list or its formal drawing up, with the mention that there are no goods available, as well as its incompleteness, incomplete, containing only unattractive or disproportionate goods in value.
The claimant's indication of two plots of land belonging to the administrative-territorial unit which could be allocated by way of compensation, after the defendant had submitted several successive updated lists, reflecting that no assets had been identified which could be the subject of allocation by way of compensation, does not constitute a change in the subject-matter of the statement of claim. The court should have examined the merits of the application for compensation for the plots of land, the indication of these plots of land by the claimant at the time of such proceedings having been prompted by the defendant's defence that it did not own any property which could be granted in compensation.
Since the notification is in the settlement stage according to Law No 10/2001 on the legal regime of unlawfully acquired immovable property, it is irrelevant in the present case, as the successive amendments to Article 21 para. (6) of Law no. 165/2013 on measures for the completion of the process of restitution, in kind or by equivalent, of the properties wrongfully taken during the communist regime in Romania or the declaration of the text of the law as unconstitutional by Dec. CC no. 189/2021, text as amended by Law no. 219/2020 amending and supplementing Law no. 165/2013 on measures for the completion of the process of restitution, in kind or by equivalent, of properties wrongfully taken over during the communist regime in Romania, which concern the stage of issuing the compensation decision under Art. 16 et seq. of Law no. 165/2013 on measures for the completion of the process of restitution, in kind or by equivalent, of properties wrongfully taken during the communist regime in Romania, the value equivalence to be achieved in this case according to the notarial scale on the date of entry into force of the aforementioned Law, according to the provisions of Art. 221 para. (3) of the Norms for the application of Law no. 165/2013 on measures for the completion of the process of restitution, in kind or by equivalent, of the properties wrongfully taken during the communist regime in Romania, as completed by GD no. 89/2014.
