Building abusively taken by the state. Alienation of the property according to Law no.112/1995. Claim for recovery. Comparison of property titles

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

Following an examination of the case law of the European Court of Human Rights in other cases with a similar subject matter, it can be seen that the European Court has established that the requirements of Article 1 of Protocol No 1 and the principle of security of legal relations must be respected in the case of both the former owner and the bona fide purchaser.

Therefore, none of them may be deprived of its property except in the public interest and under the conditions prescribed by law and by the general principles of international law.

Thus, for example, in Raicu v. Romania, it was held that in order to ensure that the mitigation of old interferences does not create new distorted burdens "the law should allow account to be taken of the particular circumstances of each case, so that persons who have acquired in good faith are not made to bear the brunt of the responsibility of the State which once confiscated these assets" (para. 37).