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The Overarching Issues of the European Space : A strategic (re)positioning of environmental and socio-cultural problems?
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Aspects theoriques et pratiques concernant les retrocessions en Roumanie
Ileana Constantinescu, Adriana Mo?atu
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AbstractThe restoration of properties in Romania after the 1989 revolution has been a long-term process that has not been completed yet. It was grounded on several laws among which Law no. 18/1991 of the land fund, Law no. 1/2000 concerning the reconstitution of the ownership title on agricultural and forest lands, Law no. 10/2001 concerning the legal regime of immovable property seized wrongfully by the Government, Law no. 247/2005, Law no. 165/2013 on the measures to finalizing the restitution process. We must not forget Law No. 112/1995, a law by which many tenants were able to buy the nationalized properties where they were living that had not been notified by the previous owners until February the 14th, 2002, the last term granted by Law no. 10/2001 so that the owners may submit the notifications for their properties. The system of properties restitution wrongly seized by the Romanian Government between March the 6th, 1945 and December the 22nd, 1989 was not unitary. There are many lawsuits still in progress between the former owners and the new tenants of the properties, between the owners and the local councils that did not agree with the return of the properties if the previous owners had not sent the notifications together with the proofs that they had paid the taxes for the whole period until the moment when the immovable entered the possession of the Government, an unfair thing as sometimes neither the Taxes and Fees Department had no evidence for the former owner or a new owner of the same property. Lawsuits also continue as sometimes the requested properties have been undervalued and some properties have been sold by the Romanian Government even if the former owners have filed petitions to claim them based on Law no. 112/1995, a law that favored tenants. In addition, there are many people who failed to obtain their former properties because they didn’t submit notifications until February the 14th, 2002 and others who have been waiting for years, after submitting their files concerning their properties at the National Agency for the Restoration of Properties. All this resulted in a lot of injustice, corruption and misfortune.
Keywords: restitutions, laws, lawsuits, injustice, corruption.
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Data da última atualização: 2021-02-24
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