Claims under special laws (Law 10/2001, Law 247/2005 and Law 1 / 2009) and common law

Simbotin Remus Law Office - Brasov offers professional help in defending the property right granted by the country`s  Constitution and protected by the Civil Code in force: 

- Drafting and supporting claims and legal actions for property restitution, abusively taken by the state; 

- Representing the interests of persons entitled to the recovery of property rights in front of competent public authorities and in  court; 

- Drafting and supporting actions in order to recover the property right 

Considering the inalienable and indivisible nature of property right and its exclusive nature, any entitled person may bring an  action in court to defend the rights or property. 

The right of property is according to the Civil Law, a person's right to enjoy and use a good exclusively and absolutely, but within  the limits determined by law. Depending on the holder and features the property can be private or public. 

The right of private property is defined as the primary real right which gives its holder the main attributes of possession, use and  disposal (possidendi jus, jus utendi, fruendi jus, jus abutendi) of the private property, attributes that can be exercised absolutely,  exclusively and perpetual, with the observance of the material and legal limits. Both natural and legal persons, including the state, may  be entitled to private property. 

Possesion (jus posendi) is the right to posses property. In this sense it is an element of law and not an element of fact (arising  from the actual possession of the property). The right of having full domination over property (jus abutendi), has two elements: the  material element of the good (in case of tangible goods (expressing possibility to change the shape of the good, transform, destroy or  consume its substance) and the legal element (which expresses the possibility of fully or partly alienation of property). 

Private ownership is an absolute, exclusive and perpetual right. The right of property is an absolute right because its owner is free  to any act or omission in connection with his property. The exclusive character highlights two ideas: the owner’s monopole on his  property and the exclusion of third parties, including public authorities, on exercising prerogatives of ownership. Finally, the right of  property is perpetual, meaning that it exists as long as the good exists; moreover ownership cannot be lost by not using the good or  through the intervention of extinguishing prescription. The limits of exercising the right of property can be material or judicial. 

Judicial limits are set by laws or court orders or by the owner through legal act. They are a way of limiting the exercise of  absolute property right in a manner which balances the particular interest of the owner with the general or other private interests. 

The rights of dividing ownership are those rights held upon other persons’ good. They give their holder only some of the attributes  of ownership, usually the use of the good. They are the right of usufruct, the right of use, the right of occupancy, the right of easements  and the right of superficies.