In the practice of cases concerning Law No. 87/2020 (in reality, Law No. 18/1991), there are several questions regarding the individuals to whom the new provisions of Article 27, paragraph 23, apply, concerning the acquisition of ownership rights over land associated with a building purchased under Law No. 112/1995.
In this context, a series of individuals who have submitted applications for the establishment of ownership rights based on Law No. 87/2020 receive from the municipalities a notice that includes the following statements:
“… from the interpretation of Article 27, paragraph (23) of Law No. 18/1991, it appears that the legislator only considered the initial buyers of the properties sold by the state under Law No. 112/1995, not those who, through subsequent acts of transfer of ownership, acquired a property that, at a previous time, was subject to this law…”
In light of this type of notice, several questions have arisen in practice: (i) Does Law No. 87/2020 (specifically the amendments to Law No. 18/1991 brought by Law No. 87/2020) apply only to the initial buyers under Law No. 112/1995 or also to their successors (e.g., heirs, subsequent acquirers, etc.) and (ii) whether the notice issued by the municipalities represents an administrative resolution of the case or simply an informational notice.
Considering a series of applicable legal norms, we have attempted to identify the individuals to whom Law No. 87/2020 applies for the acquisition of ownership rights over land.
The article is published on the platform www.juridice.ro, one of the most prestigious legal information publications in Romania.
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https://www.juridice.ro/695142/legea-nr-87-2020-mi-se-aplica-persoanele-indreptatite-la-constituirea-dreptului-de-proprietate-asupra-terenului.html
