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2021 Rev. Universul Juridic 47 (2021)
Law No. 85/1992. Ownership of the Land Related to the Dwelling

handle is hein.journals/univjurid2021 and id is 1227 raw text is: Revista Universul Juridic e nr. 7, iulie 2021, pp. 47-65 LEGEA NR. 85/1992. DREPTUL DE PROPRIETATE ASUPRA TERENULUI AFERENT LOCUINTEI Av. Rdlzvan Nicolae POPESCU Abstract After the fall of the communist regime, the new constitutional and social order imposed the adoption of legislative measures that would allow certain categories of people to acquire ownership of certain types of housing. In this material, attention will be focused on the provisions of Law no. 85/1992, normative act which provides for the possibility to purchase dwellings built from the funds offormer state enterprises, the discussions being focused more precisely on the way in which the lands afferent to the alienated dwellings end up in the property of the buyers. The material presents: 1. The legal framework established by the Decree - law no. 61/1990, 2. The legal framework established by Law no. 85/1992, 3. Law no. 15/1990 - The legal mechanism by which the former state enterprises were transformed into commercial companies, 4. The opinions expressed by the Constitutional Court of Romania regarding Law no. 85/1992, 5. Opinions expressed by the High Court of Cassation and Justice, 6. Defining the concept of land related to housing, 7. Jurisprudential landmarks on the concrete legal mechanism by which homeowners can obtain recognition of ownership of land. Keywords: Law no. 85/1992, art. 10 of Law no. 85/1992, Law no. 18/1991, art. 36 of Law no. 18/1991, The notion of land related to construction, Right of ownership over land, Right of use over land, Prefect Order, Law no. 15/1990, Certificate of attestation of the private property right over the lands. 1. Preambul Dupa caderea regimului comunist, noua oranduire constitutionala i sociala a impus adoptarea unor masuri legislative care sa permita anumitor categorii de persoane sa dobandeasca in proprietate anumite tipuri de locuinte. In cadrul prezentului material, atentia va fi axata pe dispozitiile Legii nr. 85/1992, act normativ care prevede posibilitatea de a achizitiona locuinte construite din fondurile fostelor intreprinderi de stat, discutiile fiind axate mai precis asupra modului prin care terenurile aferente locuintelor instrainate ajung in pro- prietatea cumparatorilor.

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