Obligaţia de a face. Contract de schimb. Teren intravilan. Despăgubiri neacordate. Revocabilitatea actului administrativ

Obligation to do. Exchange contract. Land within the built-up area. Compensation not granted. Cancellation of the administrative act

Abtract

The local council decision that approved a land exchange cannot be regarded as a proposal for expropriation, any procedure derogating from the provisions of the special law is illegal and cannot have the effect of restricting ownership which can take place only for reasons of public utility. The person concerned may use several ways and means on her hand to defend his ownership right, but according to the agreement of the parties, she understands to claim the equivalent value of the compensations for the estate represented by the land which she was deprived of finally, without benefiting from a fair and prior compensation.

- Legea nr. 33/1994: art. 12

- Codul de procedură civilă: art. 261

Rezumat

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