The Legal Requirements for Retrocession of Real Estate Owned or Managed by the Administrative-Territorial Units in Romania

Abstract

The fundamental property of any system of law. The Romanian legislator defines the nature, the object, destination and the distinction of the real estate assets.They are owned or they are in the administration of the territorial administrative units of the state which are part of the state public domain or are found in its private property. We will present in this work the method of administration, holding and estrangement of the real estate assets. Can become the subject to the restitution requests: the land located in the metropolitan area and outside the territorial administrative units, the erected buildings and the buildings with various destinations which form the totality of the real estate assets. Considering the role played by central and local administrations through the incursion after 1990 of the citizens access to the rights established according to the legal norms regarding the restitution of real estate assets. Settling of administrative notices versus court settlement of requests for the restitution of real estate property are the two ways citizens can use to exercise their right to property. We have found the deficiencies of the administrative system in the process of retrocession, as well as the shortcomings of the normative regulations considered from the point of view of the Romanian citizen that has to go through in retrocession of his right to property. The current research brings forward as scientific novelty the elements and legal ways through which they can legally access their own real estate sets.