Restitution of the real estate taken over abusively during 6 March 1945 – 22 December 1989. The capacity as person entitled to remedies by reference to his/her citizenship when the property was taken over

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

From the interpretation of the provisions of Article 1 paragraph (1) letter b) and paragraph (2) letter b) it follows from the Agreement between Romania and the United States of America, signed in Washington on 30 March 1960, entered into force on its execution date, that it concerns the situation of citizens of the United States of America that were USA nationals on the nationalization date cannot be excluded from the benefit of the provisions of Law no. 10/2001 based on the provisions of Article 5 paragraph (1) of the same normative act, on account that they could have benefited from a double remedy, since the appellants proved otherwise.