The certificate attesting the right of private ownership represents a document through which certain commercial companies justify the existence of their ownership rights over specific land areas.
The nullity (illegality) of a certificate attesting the right of private ownership can lead a commercial company to the inability to prove ownership rights over land, potentially generating a series of negative legal consequences (e.g., losing a lawsuit, termination of pre-contractual negotiations, blocking a transaction, etc.).
In the first part of this material, I succinctly present: (i) the applicable legal framework for the certificates, (ii) the opinions expressed by the Constitutional Court of Romania regarding the legal framework underpinning the issuance of certificates, (iii) the opinions expressed by the High Court of Cassation and Justice regarding the legal framework for the issuance of certificates, (iv) the conditions of validity regarding the issuance of certificates and their content from the perspective of judicial courts – Part I.
The material was published on the Universul Juridic platform, one of the most prestigious legal information publications in Romania.
To view the article, please access the following link:
https://lege5.ro/gratuit/he2tinbugayq/hg-nr-834-1991-legalitate-nelegalitate-certificat-de-atestare-a-dreptului-de-proprietate-privata-asupra-terenurilor-partea-i
