Owner's remedies in case of de facto expropriation of immovable property

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

De facto expropriation cannot be ordered by the court based on Law no. 255/2010. No can compensation be granted after it has been ascertained by court, as if the de facto expropriation were put under the sign of equality with the expropriation made by the expropriator, under the conditions of the special law, nor in the basis of art. 566 paragraph 1 of the Civil Code, if the asset has not perished, or it has not been effectively alienated.