After the fall of the communist regime, the new constitutional and social order necessitated the adoption of legislative measures to allow certain categories of people to acquire ownership of specific types of housing. I have prepared a material focusing on the provisions of Law No. 85/1992, a normative act that provides for the possibility of purchasing housing built with funds from former state enterprises. The discussions are more precisely focused on how the land associated with alienated housing is transferred to the ownership of buyers. The material presents:
The legal framework established by Decree-Law No. 61/1990,
The legal framework established by Law No. 85/1992,
Law No. 15/1990 – The legal mechanism through which former state enterprises were transformed into commercial companies,
Opinions expressed by the Constitutional Court of Romania regarding Law No. 85/1992,
Opinions expressed by the High Court of Cassation and Justice,
Definition of the concept of “land associated with housing”,
Jurisprudential landmarks regarding the concrete legal mechanism through which housing acquirers can also obtain recognition of the ownership right over the associated land.
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 any of the following links:
https://lege5.ro/gratuit/ha3tknrsgi2q/legea-nr-85-1992-dreptul-de-proprietate-asupra-terenului-aferent-locuintei#:~:text=85%2F1992%2C%20act%20normativ%20care,înstrăinate%20ajung%20în%20proprietatea%20cumpărătorilor.
https://heinonline.org/HOL/LandingPage?handle=hein.journals/univjurid2021&div=95&id=&page=