Repararea judiciară a prejudiciului produs prin exproprierea directă şi prin exproprierea "de fapt"

drd. ANA-MARIA NICOLCESCU*

* e-mail: anicolcescu@yahoo.com

Judecător-Tribunalul Gorj

ABSTRACT

The prejudice claimed in the cases of direct (formal) expropriation, as well as in de facto (indirect) expropriation is circumscribed to tort civil liability, under the conditions of Article 1357 of the Civil Code, which is why full reparation of the prejudice is required.

The overwhelming majority of the expropriation decisions that cause litigations in court, in terms of compensations, are issued under the rule of the Law No 255/2010, so that the granting of compensations as a result of the operation of the direct expropriation is analyzed based on Chapter V of the same normative act.

Through this study it is emphasized that only in the case of direct expropriation, which has among the effects also a collateral expropriation, de facto, the interested party has the right to compensations based on the...