Building abusively taken over by the state. Alienation of property under Law no.112/1995. Right of tenant-buyers to restitution of the price in the event of dissolution of the sale-purchase contract

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

In order for the provisions of Articles 50 and 501 of Law No 10/2001 to apply and for the defendant Ministry of Public Finance to be ordered to reimburse the market price paid by the tenants on the basis of sale and purchase contracts concluded under Law No 112/1995, it is necessary that, when those contracts were concluded, the rules of that law were complied with and the contracts were not terminated by a final and irrevocable judgment.

In addition, the provisions of Article 501 of Law No 10/2001, which refers to contracts terminated by final and irrevocable court judgments, refer – when regulating the payment of the market price – to the existence of a judgment stating that the provisions of Law No 112/1995 were complied with when the property was purchased.