In Romania, commercial companies established under Law No. 15/1990, which emerged from former communist state economic units, hold a series of lands in ownership, received free of charge from the Romanian State.
The right of ownership is proven by presenting a document called a “Certificate of Attestation of Private Property Rights over Land,” a document issued by one of the relevant ministries in Romania.
In practice, there is a real dispute regarding the legal nature of this certificate of attestation. Sometimes it is considered a property title with declarative effect (attesting a legal situation of ownership from the moment the company was established), while other times it is considered a property title with constitutive effect (without which there can be no talk of an ownership right).
Taking into account the mandatory opinions of the Constitutional Court of Romania, the mandatory opinions of the High Court of Cassation and Justice, as well as the rulings issued by national courts, we have prepared an informative material regarding the true legal nature of the certificate of attestation of private property rights over land.
The article is published on the platform www.juridice.ro, one of the most prestigious legal information publications in Romania.
To view the article, please access the following link:
https://www.juridice.ro/712435/hg-nr-834-1991-certificat-de-atestare-a-dreptului-de-proprietate-privata-asupra-terenurilor-titlu-de-proprietate-natura-juridica.html
