Translation from Romanian
Unauthorized translation
Law no. 10 from February 8th, 2001 (*republished*) (**updated**)
Regarding the legal regime of some abusively taken over real estates within March 6th, 1945 – December 22nd, 1989*)
(Updated until December 30th, 2005**)
ISSUANT AUTHORITY: THE PARLIAMENT
*) Republished by virtue of article VII from title I of the Law no. 247/2005 regarding the reform within the fields of property and of the justice, as well as some adjacent measures, published within the Official Journal of Romania, part I, no. 653 from July 22nd, 2005, giving to the texts a new numbering.
Law no. 10/2001 has been republished within the Official Journal of Romania, Part I, no. 279 from April 4th, 2005.
**) The initial text has been published in the Official Journal no. 798 from September 2nd, 2005. This is the form updated by the company S.C. “Territorial Center of Electronic Calculation” S.A. (“Centrul Teritorial de Calcul Electronic”) until December 30th, 2005, with the changes brought by the AMENDMENT no. 10 from February 8th, 2001; EMERGENCY ORDINANCE no. 209 from December 22nd, 2005.
CHAPTER I
General provisions
ARTICLE 1
(1) The real estates abusively taken over by the state, by the cooperative organizations or by any other legal persons within the period March 6th, 1945 – December 22nd, 1989, as well as those taken over by the state based on the Law no. 139/1940 upon the requisitions and not returned, shall be returned, in kind, under this hereby law.
(2) In cases in which the restitution in kind is not possible, shall be established repairing measures by equivalent. The repairing measures by equivalent shall consist in compensation with other goods or services offered in equivalent by the invested entity, according to this hereby law with the solving of the notification, with the agreement of the right person, or compensations granted under the special provisions regarding the regime of the establishment and of the payment of the compensations afferent to the real estates abusively taken.
(3) The repairing measures by equivalent consisting in compensations with other goods or services shall be granted by the decision, or as the case may be, the justified decision of the invested entity according to this hereby law with the solving of the notification. The repairing measures in equivalent consisting in compensations granted under the special law regarding the regime of establishment and the payment of the compensations afferent to the real estates abusively taken shall be proposed to be granted by the decision, or as the case may be, the justified disposition of the invested entity according to this hereby law with the solving of the notification.
(4) The repairing measures by the equivalent shall be combined.
(5) The mayors or, as the case may be, the managers of the entities invested with the solving of the notifications are liable to display on a monthly basis, within mostly 10 calendar days calculated from the end of the previous month, visibly, a table which shall include the available goods and / or, as the case may be, the services which may be granted in compensation.
Paragraph (5) of the article 1 has been included by the point 1 of the sole article from Title I from the EMERGENCY ORDINANCE no. 209 from December 22nd, 2005, published within the OFFICIAL JOURNAL no. 1,194 from December 30th, 2005.
ARTICLE 2
(1) Under this hereby law, by abusively taken real estates is deemed:
a) the real estates nationalized by the Decree no. 92/1950 for the nationalization of some real estates with the subsequent changes and additions, by the Law no. 119/1948 for the nationalization of the industrial, banking, insurance, mining and transport enterprises, as well as by other nationalizing norm acts;
b) The real estates taken by the confiscation of the fortune, as a result of a legal decision of conviction for political infractions, provided by the criminal law, committed as manifestation of the opposition against the totalitarian communist system;
c) The real estates donated to the state or to the legal persons based on the Decree no. 410/1948 regarding the donation of geographic art enterprises, of the Decree no. 478/1954 regarding the donations made to the state and other similar ones, unconcluded in authentic form, as well as the real estates donated to the state or to other legal persons, concluded in authentic form provided by the provisions of the article 813 from the civil Code, within this latter case if there has been accepted the action in annulment or within the ascertainment of the nullity of the donation by a permanent and irrevocable legal decision;
d) The real estates taken over by the state for the non-payment of the real estates as a result of some abusive measures, imposed by the state, through which the rights of the owner could not have been performed;
e) The real estates deemed abandoned, based on an administrative disposition or of a judgment decision delivered by virtue of the Decree no. 111/1951 regarding the regulation of the goods’ conditions of any kind submitted to the confiscation, confiscated, without inheritors or without owner, and of some goods which are not useful to the budgetary institutions, within march 6th, 1945 – December 22nd, 1989;
f) The real estates taken over by the state based on some laws or other unpublished norm acts, on the date of the taking over, within the Official Journal of Romania, Part I, or within the Official Bulletin;
g) The real estates taken over y the state based on the Law no. 139/1940 upon the requisitions and which have not been returned or for which the owners have not received equitable compensations;
h) Any other real estates taken over by the state with valid title, as it is defined in article 6 paragraph (1) from law no. 213/1998 regarding the public property and its legal regime, with the subsequent changes and additions;
i) Any other real estates taken over without valid title or without the respect of the legal provisions in force on the date of the taking over, as well as those taken over without any base by deeds of provision of the local authorities of the power or of the state administration.
(2) The persons whose real estates have been taken over without any legal title are keeping the quality as owner held on the date of the taking over, which is performed after the receiving of the decision or of the judgment decision of restitution, according to the provisions of this hereby law.
Letter c) of paragraph (1) of article 2 has been modified by point 2 of the sole article from Title 1 from THE EMERGENCY ORDINANCE no. 209 from December 22nd, 2005, published within the OFFICIAL JOURNAL no. 1,194 from December 30th, 2005.
ARTICLE 3
(1) There are entitled, within the understanding of this hereby law, to repairing measures consisting in restitution in kind or, as the case may be, by equivalent:
a) The natural persons, the owners of the real estates on the date of their abusively taken over;
b) The natural persons, associates of the legal person holding the real estates and other assets within the property on the date of their abusive taking over;
c) The legal persons, owners of the real estates abusively taken by the state, by the cooperative organizations or other legal persons after march 6th, 1945; the entitlement to the repairing measures provided by this hereby article is conditioned by the continuation of the activity that the legal person until the coming into force of this hereby law or by the circumstance that their activity should be forbidden or interrupted within the period March 6th, 1945 – December 22nd, 1989, and these should have been taken over the activity after the date of December 22nd, 1989, if, by judgment decision is ascertained that they are the same legal person with the dissolved or forbidden one, as well as the political parties whose activity has been forbidden or interrupted within the period March 6th, 1945 – December 22nd, 1989, if they have taken over their activity under the legal provisions.
(2) The ministries, the other public institutions of the state or of other administrative-territorial units, including the autonomous or independent ones, the autonomous organizations, the national companies, the trade companies with state registered capital, as well as the privatized ones, are not having the quality as entitled persons and are not making the object of this hereby law.
ARTICLE 4
(1) In case in which the restitution is requested by several entitled co-owner persons of the requested real estate, the ownership right is ascertained or there is established in ideal cote-parts, according to the common law.
(2) By the provisions of this hereby law are beneficiating the legal or testamentary inheritors of the entitled natural persons.
(3) The successors who, after the date of March 6th, 1945, have not accepted the inheritance, are re-entitled within the term of acceptance of the succession for the goods making the object of this hereby law. The request or restitution is having the right of acceptance of the succession for the goods whose restitution is requested by virtue of this hereby law.
(4) By the cotes of the legal or testamentary inheritors who have not followed the procedure provided in chapter II, are taking advantages the other inheritors of the entitled person who have submitted the restitution request in due time.
ARTICLE 5
(1) By the real estates, under this hereby law, there are understood the fields, with or without constructions, with any of the destinations held on the date of their taking over in abusive manner, as well as the tangible goods became intangible by incorporation within these constructions.
(2) The repairing measures regard the machines and the installations taken over by the state or by other legal persons together with the real estate, except for the case in which they have been replaced, submitted to cassation or destroyed.
(3) In the situation provided in paragraph (2), the restitution in kind shall be disposed by the decision or by the disposal of the holding unit.
(4) In case in which the machines and the requested installations are proved within the patrimony of some privatized trade companies, others than those provided in article 21 paragraph (1) and (2), after the establishment of their counter value, by the decision of the entity involved within the privatization shall propose the granting of compensations under the provisions of the special law regarding the regime of establishment and the payment of compensations afferent to the abusively taken real estates.
(5) In the case provided in paragraph (4), for the issuance of the decision of restitution in equivalent, on the request of the entity involved within the privatization, the privatized trade companies shall transmit the information regarding the existence and the value of the machines and of the installations, within mostly 15 days from the date of receiving of the requesting address.
Paragraph (5) of the article 6 has been introduced by point 3 of the sole article from Title I from the EMERGENCY ORDINANCE no. 209 from December 22nd, 2005, published within the OFFICIAL JOURNAL no. 1,194 from December 30th, 2005.
ARTICLE 7
(1) Regularly, the real estates abusively taken over are restituted in kind.
(2) If the restitution in kind is possible, the entitled person cannot make her option for repairing measures by equivalent except for the case expressly requested by this hereby law.
(3) In case in which certain free real estates located inside the town are requested by two entitled persons among those provided in article 3 paragraph (1) letter a), out of which one is the former owner, to whom there has been taken over the field by the abusive means applied within the period subsequent to the date of March 6th, 1945, and the second, the person to who there has been given land from the one taken over from the former owner, and subsequently this land has been over by the abusive measures mentioned in article 2, paragraph (1), there shall be restituted in kind the land of the first owner, and those who have been entitled to the land shall beneficiate of the other repairing measures in equivalent, under the law.
(4) In the cases provided in paragraph (3), if the restitution in kind s not possible according to this hereby law, both entitled persons are beneficiating of repairing measures in equivalent.
ARTICLE 8
(1) There do not enter under the incidence of this hereby law the lands located outside the localities on the date of their abusive taking over or on the date of the notification, as well as other whose legal regime is regulated by the Law of the Agricultural Fund no. 18/1991, republished, with the subsequent changes and additions, and by the Law no. 1/2000 for the reconstitution of the ownership right upon the agricultural and forest lands, requested according to the provisions of the Law of the Agricultural Fund no. 18/1991 and of the Law no. 169/1997, with the subsequent changes and additions.
(2) The legal frame of the real estates belonging to the religious cultures taken over by the state is regulated through the emergency Ordinance of the Government no. 94/2000 regarding the return of the real estates belonging to the religious cultures from Romania, republished*).
(3) The legal frame of the real estates belonging to the communities of the national minorities taken over by the state is regulated through the emergency Ordinance of the Government no. 83/1999 regarding the restitution of some real estates belonging to the communities of the citizens belonging to the national minorities from Romania, republished*).
(4) The legal frame of the real estates belonging to the syndicate patrimony taken over by the state or by other legal persons, shall be regulated by special norm acts.
Emergency Ordinance of the Government no. 94/20000 and the emergency Ordinance of the Government no. 83/1999 have been republished within the Official Journal of Romania, Part I, no. 797 from September 1st, 2005.
CHAPTER II
Restitution in kind or repairing measures by equivalent
ARTICLE 9
The abusively taken over real estates, no matter the present possession, are restituted in kind in the condition from the date of the restitution request and free of any charges.
ARTICLE 10
(1) In case of the abusively taken real estates and whose constructions built on them have been demolished in total or in part, the restitution in kind shall be disposed for the free land and for the constructions remained no-demolished, and for the demolished constructions and for the occupied lands the repairing measures shall be established by equivalent.
(2) In case in which on the lands where there have been abusively taken over constructions there have been build new constructions, the entitled person shall obtain the restitution in kind of the part of the land remained free, and for the surface occupied by new constructions, the one affected to the legal servitudes and of other public utility arrangements of the urban and rural localities, the repairing measures are established in equivalent.
(3) There are restituted in kind the lands on which there have been built unauthorized constructions under the conditions of the law after the date of January 1st, 1990, as well as light or dismounting constructions.
(4) There are restituted in kind the lands without constructions affected by approved works of investment of public interest, if there has not been commenced their construction, or the approved works have been abandoned.
(5) There are restituted in kind also the land on which , subsequent to the abusive taking over, there have been built authorized constructions which are not useful anymore to the holding unit, if the entitled person is paying a compensation representing the market value of the respective construction, established according to the international evaluation standards.
(6) In case of the abusively taken over real estates and whose built constructions have been destroyed as a result of some Acts of God, the entitled person in beneficiating of the restitution in kind for the free land. If the land is not free, the repairing measures for these are established in equivalent.
(7) The provisions of paragraph (6) are applied accordingly also to the requisitioned real estates based on the Law no. 139/1940 and whose constructions built on those have been destroyed during the war, if the owners have not received the compensations.
(8) The corresponding value of the abusively taken and demolished constructions is established according to the market value from the date of the solving of the notification, established according to the international standards of evaluation according to the information volume made available for the evaluator.
(9) The value of the lands, as well as of the non-demolished constructions, abusively taken over, which cannot be restituted in kind, is established according to the market value from the date of the solving of the notification, established according to the international standards of evaluation.
(10) In the cases provided in paragraphs (1), (2) and (6), the repairing measures by equivalent shall consist in compensation with other goods or services offered in equivalent by the entity invested according to the law with the solving of the notification, with the agreement of the entitled person or compensations granted under the special law regarding the regime of establishment and the payment of the compensations afferent to the real estate abusively taken over.
(11) There is forbidden the alienation or the change of the destination of the real estate whose restitution in kind is not possible due to the affecting of a public utility arrangement. The interdiction subsists for a period of 5 years, calculated commencing with the date of issuance of the decision / provision of granting of repairing measures in equivalent motivated on its motivation.
Paragraph (11) of article 10 has been introduced by the point 4 of the sole article from Title I from the EMERGENCY ORDINANCE no. 209 from December 22nd, 2005, published within the OFFICIAL JOURNAL no. 1,194 from December 30th, 2005.
ARTICLE 11
(1) The expropriated real estates and whose constructions built on them have not been demolished, shall be restitutes in kind to the entitled persons, if they have not been alienated, with the respect of the legal provisions. If the entitled person has received compensation, the restitution in kind is conditioned by the reimbursement of an amount representing the value of the received compensations, updated with the coefficient of updating established according to the legislation in force.
(2) In case in which the expropriated constructions have been demolished in total or in part, if there have not been performed the works for which the expropriation has been disposed, the free land is restituted in kind with the rest of the constructions, and for the demolished constructions the repairing measures are established in equivalent. If the entitled person has received compensation, the restitution in kind is conditioned by the reimbursement of the difference between the value of the received compensation and the value of the demolished constructions as it has been calculated within the documentation of establishment of the compensations, updated with the coefficient of updating established according to the legislation in force.
(3) In case in which the expropriated constructions have been totally demolished and the works for which there has been disposed the expropriation occupied the land in part, the entitled person may obtain the restitution in kind of the part of the land remained free, for that occupied by the new, authorized constructions, the one affected to the legal servitudes and of other public utility arrangements of the urban and rural localities, the repairing measures establishing in equivalent. The provisions of article 10, paragraphs (3), (4), (5) and (6) shall be applied accordingly,
(4) In case in which the works for which there has been disposed the expropriation occupied the entire affected land operationally, the repairing measures are established in equivalent for the entire real estate.
(5) The value of the expropriated and demolished constructions is established according to the market value from the date of the solving of the notification, established according to the international standards of evaluation according to the volume of information made available for the evaluator.
(6) The value of the expropriated constructions, which cannot be restituted in kind and of the lands afferent to them is established according to the market value from the date of solving of the notification, established according to the international standards of evaluation.
(7) In cases provided in paragraph (2), (3) and (4) the value of the repairing measures in equivalent is established by the decrease of the updated value of the compensations received for the land, respectively for the constructions, from the value corresponding to the part from the expropriated real estate – land and constructions – which cannot be restituted in kind, established according to the paragraph (5) and (6).
(8) In the situation provided in paragraphs (2), (3) and (4), the repairing measures by equivalent shall consist in compensation with other goods and services offered in equivalent by the entity invested according to this hereby law with the solving of the notification, with the agreement of the entitled person, or compensations granted under the special law regarding the regime of establishment and the payment of the compensations afferent to the abusively taken over real estates.
ARTICLE 12
In case of the real estates held by the state, by a cooperative organization, or by any other legal person from those provided in article 21, paragraph (1), (2) and (4), if the entitled person has received compensation, the restitution in kind is conditioned by the reimbursement of another amount representing the value of the received compensation, updated with the established updating coefficient.
ARTICLE 13
(1) In case of the real estates restituted by the administrative procedures provided by this hereby law or by legal decision are applied the provisions regarding the lease agreements included within the Emergency ordinance of the government no. 40/1999 regarding the protection of the lessees and the establishment of the rate for the spaces as dwellings, approved with the changes and additions by the Law no. 241/2001, with the subsequent changes and additions.
(2) The lease agreements for the real estates restituted in kind of the destinations mentioned in appendix no. 2 letter b), point 2 part of this hereby law, are extended by right for a period of 3 years with the negotiation of the other clauses of the agreement, and the lease agreements for the real estates restituted in kind from the destinations mentioned in appendix no. 2 letter b) point 1 are extended by right for a period of 1 year with the negotiation of the other clauses of the agreement.
ARTICLE 14
If the real estate restituted through the administrative procedures provided by this hereby law or by legal decision is making the object of a lease agreement, assignment, management lease or association in participation, the new owner shall subrogate within the right of the state or of the holding legal person, with the renegotiation of the other clauses of the agreement, if these agreements have been concluded according to the law.
ARTICLE 15
(1) The lease agreements provided in article 6 by the Emergency Ordinance of the Government no. 40/1999 shall be concluded for a period of 5 years. In case in which there is made available another corresponding dwelling, this is liable to immediately issue an occupied dwelling.
(2) The non-conclusion of the new lease agreement within the case provided in article 9 and 10 from the emergency quantum of the Government no. 40/1999, caused by the misunderstanding upon the quantum of the rent requested by the owner or by its claim of restraining of the dwelling surface for the persons provided in article 32 paragraph (1) from the same ordinance, is attracting the extension by right of the lease agreement until the conclusion f a new agreement.
(3) For the lessees natural persons from the real estates restituted in kind, as well as for those from the dwelling provided in article 26 paragraph (1) from the emergency Ordinance of the Government no. 40/1999, of some monthly net incomes per family member is placed between the monthly net income on economy and its double, the maximal level of the rent cannot exceed 25% from the monthly net income per family. The provisions of article 31 paragraph (2) and of the article (33*) from the Emergency Ordinance of the Government no. 40/1999 is applied accordingly. In case in which the so calculated rent is less than the one calculated according to the provisions of article 26-30 from the Emergency Ordinance of the Government no. 40/1999, the owner is exempted from the income per land and building and is exonerated of liability for the liabilities belonging to him during the respective lease agreement.
*) The article 33 has been abrogated through the Law no. 241/2001 for the approval of the Emergency ordinance of the Government no. 40/1999 regarding the protection of the lessees and the establishment of the rent for the dwelling spaces.
(4) For the disabled persons, for the persons provided in the Law no. 42/1990**) for the honour of the heroes-martyrs and the granting of some rights to their successors, to the injured persons, as well as for the fighters for the victory of the Revolution from December 1989, republished, with the subsequent changes, in the Law no. 44/1994 regarding the war veterans, as well as some rights of the invalid persons and of the war widows, republished, with the subsequent changes, and within the Decree-law no. 118/1990 regarding the granting of some rights to the persecuted persons from political reasons by the dictator regime instituted commencing with March 6th, 1945, as well as those deported abroad or constituted in prisoners, republished, with the subsequent changes, to the performance of the mandatory exchange provided in chapter II from the emergency ordinance of the government no. 40/1999 the offered dwelling must assure usage conditions similar to those existing within the held dwelling.
**) The law no. 42/1990 has been abrogated by article 17 from law no. 341/2004, published within the Official Journal of Romania, part I, no. 654 from July 20th, 2004.
(5) The lessees whose lease agreements have not been renewed for the reasons provided in article 14 paragraph (2) letter a) and b) from the Emergency Ordinance of the Government no. 40/1999 are having priority to the granting of the facilities provided by the dwelling law no. 114/1996, republished, with the subsequent changes and additions, as well as of those provided by the Law no. 152/1998 regarding the incorporation of the National agency for Dwellings, with the subsequent changes and additions.
ARTICLE 16
(1) In the situation of the real estates having the destinations mentioned in appendix no. 2 letter a) which is part of this hereby law, necessary and exclusively affected to the activities of public interest, of education, health, or social-cultural, to the former owners or, as the case may be, to their inheritors, there is restituted the real estate in property with the liability of keeping its affection for a period of up to 3 years, for those mentioned in point 3 and 4 from appendix no. 2 letter a) or, as the case may be, of up to 5 years from the issuance of the decision or of the disposition, for those mentioned at point 1 and 2 from this hereby appendix no. 2 letter a).
(2) In this interval, the payment of the maintenance expenditures afferent to the respective real estate belongs to the holders. Within the period provided in article (1) the new owner shall be the beneficiary of a rent within the quantum established by decision of the Government.
(3) The owners shall enter into the possession of the real estates restituted within mostly 5 years from the re-obtaining of the ownership right.
(4) In case in which the owner is making available another corresponding real estate, which shall respect the norms and the legal requirements incident to the development under the proper conditions of the activity provided in paragraph (1), the user is liable that, every 90 days, to proceed to its issuance.
Paragraph (2) from article 16 has been modified by point 5 of the sole article from Title 1 from the EMERGENCY ORDINANCE no. 209 from December 22nd, 2005, published within the OFFICIAL JOURNAL no. 1,194 from December 30th, 2005.
ARTICLE 17
(1) The lessees of the real estates having the destinations mentioned in appendix no. 2 letter a) and letter b) point 1, part of this hereby law, are having the preemption right to their purchasing.
(2) This right can be performed, under the sanction of the decay, within 90 days from the date of the receiving of the notification regarding the intention to sell.
(3) The notification shall be made by the legal executor, according to the law.
(4) The sale-purchase agreements concluded with the breach of the preemption right, are under the nullity.
ARTICLE 18
The repairing measures are established only in equivalent and within the following cases:
a) the entitled person is associate to the legal person owner of the real estates and of the assets on the date of their taking over in abusive manner, except for the case in which the entitled person was the sole associate or the associated entitled persons were members of the same family;
b) The real estate did not exist anymore on the date of the coming into force of the law, except for the destroyed real estates as a result of some acts of God;
c) The real estate has been alienated with the respect of the legal provisions.
