Lawyer in administrative law Porosnicu Gianina Vera Iasi
The land law standardizes the juridical principles regarding land, regardless of their
nature and their formal law sources that includes them. Social relations concerning land
exists both between private parties (individuals and legal entities within private law)
and between legal entities of public law, or between these and private parties. Land law
represents a distinct branch in the national juridical system that contains an entirety
of juridical principles established or sanctioned by the state in order to regulate
social relations in using land, the terms and means of production in order to use it in
a rational manner and also enriching the soil, as well as defending the rights and
interests of those involved in these relations. Land law as a distinct branch of law has
as main object of regulation the specific principles and methods contained in the
sources of the specific branches. The object of land law is in principle, the social
relations system connected to the use of land, regardless of the manner of land
exploitation, ownership form or the economic beneficiary.
It also regulates land relations connected to measures adopted by the state in order to
realize its own land policies, namely to organize and record land activities. It also
includes relations connected to implementing measures of rational and thorough usage of
all land areas. Therefore, the juridical principles that create the content of land law
can be distinguished as follows:
- juridical principles that regulate the forms of ownership of the land and their
juridical conditions;
- juridical principles that regulate the land exploitation system in Romania;
- juridical principles that regulate the record system and real estate advertising;
- juridical principles that regulate the usage, protection and improvement of land
areas;
Regarding the applicable laws for law land, among most important normative legal acts
are:
- Law no. 18/1991 regarding the land fund, with its subsequent alterations and
additions;
- Law no. 215/2001 – local public administration law, with its subsequent
alterations;
- Law no. 7/1996 – cadaster and real estate advertising law, with its subsequent
alterations;
- Law no. 138/2004 – land improvement law, with its subsequent alterations;
- Law no. 107/1996 – water resources law, with its subsequent alterations;
- Law no. 213/1998 regarding public property assets, renamed through Law no. 71/2011, in
order to put into effect the Law no. 287/2009 regarding the Civil Code, with its
subsequent alterations;
- Law no. 10/2001 regarding the legal status of some estate abusively confiscated
between 6th of March 1945 – 22nd of December 1989, with its subsequent alterations,
republished in Off. M. No.798/2sep. 2005;
- Law no. 46/2008 – Forest Code, with its subsequent alterations and additions;