Cabinetul de Avocatură “Gabriel Grigoraş”


In many cases, our Law Office obtained compensation according to Law No. 10/2001 for real estate that has been abusively transferred to state ownership and that could not be returned. For all other situations in which the real estate existed in kind at the time of application and when the other legal conditions were met, the restitution in kind of such property to the former owner who had been abusively dispossessed was obtained by our Law Office.

Regarding Decision No. 33/2008 of the High Court of Cassation and Justice, on the admissibility of action for recovery concerning real estate abusively transferred to state ownership, during the communist regime, some subtleties about the practice of this court on this topic should be emphasized.

In this respect it shall be shown that the practice of the supreme court is that the action for recovery is still admissible in case the plaintiff is entitled to a property within the meaning of Article 1 of the First Additional Protocol to the European Convention of Human Rights. Depending on the individual case, our Law Office shall take legal proceedings and manage the evidence needed to address this point of law which could ultimately lead to a positive outcome of such an action for recovery within the meaning of regaining the property in kind by the person who has been abusively dispossessed.

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