Caducitatea decretului de expropriere care nu a fost pus în executare. Inaplicabilitatea dispoziţiilor Legii nr. 10/2001 privind regimul juridic al unor imobile preluate în mod abuziv în perioada 6 martie 1945-22 decembrie 1989

The expropriation decree which has not been enforced is null and void. Inapplicability of the provisions of Law No 10/2001 on the legal status of certain immovable property wrongfully taken over between 6 March 1945 and 22 December 1989

Abstract

Special Law No 10/2001 refers to buildings actually taken over from the former owners during the reference period, a fact which is also apparent from the recitals of the ICCJ Decision No 53/2007.

Per a contrario, in situations where the expropriated properties have not been effectively taken over from the former owners and the expropriation decree has not been enforced, the expropriated owners or their heirs have the possibility to use the provisions of Article 35 of Law no. 33/1994 as a legal basis in actions for the...