"Exproprierea de facto" - ultimul remediu pentru despăgubirea proprietarului pentru atingerea gravă adusă dreptului său de proprietate

"De facto expropriation" - the ultimate remedy to compensate the owner for the serious infringement of his property rights

Abstract

The entry in the land register of the property right in favour of the State over a piece of land, on the basis of a deed issued during the communist period, in respect of which the authorities with competence in the matter decided prior to the entry to make it available to the land registry commission, with the creation of the premises for the issuance of a title deed under the special law of reparation by the Romanian State authorities themselves, has the legal configuration of an expropriation in fact (taking into account the case-law of the Strasbourg Court developed in application of Article 1 para. 1 of Protocol No 1 to the European Convention on Human Rights).

In accordance with Art. 5 para. (1) of the Law no. 18/1991 on...