Probleme juridice în domeniul vânzărilor de imobile cuprinse în patrimoniul cultural

Vasile LUHA jr.

ABSTRACT

The author emphasizes the importance of the protective regulation for real estate, protection supported by the adoption of Law no. 422/2001 of July 18, 2001, on the protection of the historical monuments, an amended and adapted law.

He also notes some uninspired statements offered by the legislator that are found in the rules of the special law and whose effects are noted by public notaries when performing their professional services, by issuing transferable ownership documents related to such real estate.

The inadequacy of imposing the penalty of absolute nullity for translational civil acts without observing the pre-emption procedures is noted. The model produces only in appearance an additional protective regime for the preemtors and the monument building. In reality, the operation of absolute nullity for violation of the rules and order of preemption produces disadvantages for...