The warranty and protection of private property in Romania
Zaharia, Alexandrina
Romania's Constitution modified and completed by Revision Law of Romania's Constitution No 429/2003, equally guarantees and protects the private property, no matter the owner. Natural and legal persons, the state and the administrative-territorial units (communes, towns, counties) can own the private property right. The object of private property right is represented by the mobile and immobile assets that doesn't belong to the public domain. Natural persons can own in property more immobile assets and may freely dispose of these by sale, rent, lease etc. within the limits established by law. Alienation by sale of agricultural grounds placed outside town can be done respecting the pre-emtion right of joint owners, neighbors or tenants. The proceeding concerning the exerting of pre-emtion right is supported by Law no. 54/1998, regarding the juridical circulation of grounds. Private property is equally protected by law, no matter the owner. Meaning that the judicial protection regime of private property right is equal for natural persons, legal persons and state. The judicial regime of common right stipulated by Civil Code and other normative documents applies itself to private property right.
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