Reconstitution of the right of ownership according to Law no.18/1991. Failure of one of the heirs to submit a request for reconstitution

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

According to art. 8 of Law no.18/1991, the reconstitution of the right of ownership is made upon request. In addition, according to Article 13, the title deed is issued in respect of the area of land determined in the name of all the heirs and they must proceed according to common law. Therefore, even if, according to the legacy, C.A. is the heiress of the land located in the village of Râncaciov-Cristieni, Călinești commune, with a total area of 8.05 ha., for the land with an area of 6.30 ha., for which the right of ownership had not been reconstituted until the death of the author TC, the acquisition of the right was conditioned by the formulation of the request, according to Law no.18/1991, and the completion of the special procedure provided by the land laws. On the other hand, the existence of another co-respondent cannot deny C.I.'s right to benefit from the reparatory measures requested, according to the law, but, at the most, requires a separate resolution of the legal situation arising between the two.