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- Title
REPARAREA JUDICIARĂ A PREJUDICIULUI PRODUS PRIN EXPROPRIEREA DIRECTĂ ȘI PRIN EXPROPRIEREA „DE FAPT".
- Authors
NICOLCESCU, ANA-MARIA
- Abstract
The prejudice claimed in the cases of direct (formal) expropriation, as well as in de facto (indirect) expropriation is circumscribed to tort civil liability, under the conditions of Article 1357 of the Civil Code, which is why full reparation of the prejudice is required. The overwhelming majority of the expropriation decisions that cause litigations in court, in terms of compensations, are issued under the rule of the Law No 255/2010, so that the granting of compensations as a result of the operation of the direct expropriation is analyzed based on Chapter V of the same normative act. Through this study it is emphasized that only in the case of direct expropriation, which has among the effects also a collateral expropriation, de facto, the interested party has the right to compensations based on the special law, in order to fully repair the prejudice caused by the direct expropriation, as Article 26 of the Law No 33/1994 allows, being necessary to include in the notion of damage the de facto expropriation as well.
- Subjects
CIVIL code; EMINENT domain; CIVIL liability; TORTS; PREJUDICES; COLLATERAL security; ACTIONS &; defenses (Law)
- Publication
Dreptul, 2024, Issue 4, p9
- ISSN
1018-0435
- Publication type
Article