Sondaje 6

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Bogdan-Michael CIUBOTARU - CONSIDERATIONS ON DE FACTO EXPROPRIATION AND INDIRECT EXPROPRIATION IN ROMANIAN LAW

CONSIDERATIONS ON DE FACTO EXPROPRIATION AND INDIRECT EXPROPRIATION IN ROMANIAN LAW

Bogdan-Michael Ciubotaru[1]

Abstract

The concept of de facto expropriation does not exist in the Romanian law. The cases that can be classified as a form of de facto expropriation are ignored by the Romanian law and by the courts in their practice. A creation of the European Court of Human Rights, de facto expropriation designates the situation where a person, being the owner of a good in legal terms, loses all the attributes of property to the State, without such deprivation of property attributes being the object of a legal act, and actually being a form of deprivation of property, to which the text of Article 1 of Protocol No. 1 to the Convention refers. In our legal system, the theory of indirect expropriation can find a threefold application: in the matter of permanent damages; in the matter of incorporations made ​​by public works; in the incorporations made ​​by special laws.

Keywords: de facto expropriation, indirect expropriation, deprivation of property, public utility, permanent damages, de facto incorporation

pp 9-20 <<download>>


[1] Bogdan-Michael Ciubotaru, Ph.D., is Lecturer and Dean of the Faculty of Law within “Mihail Kogălniceanu” University, Iaşi, Romania; contact: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Last Updated on Tuesday, 03 March 2015 14:10