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- Title
THE ADMINISTRATIVE PROCEDURE REGULATED BY ART. 51 PARA. (2) OF THE LAND FUND LAW NO. 18/1991 - CONDITION OF ADMISSIBILITY OF THE REQUEST FOR SUMMONS.
- Authors
PETREA, Alin
- Abstract
the actions based on the Land Fund Law no. 18/1991 demands, in general, the completion of a preliminary procedure, in which the competence to cancel / modify / rectify the property title belongs to the county land commission; the action based on art. 51 para. (2) of the law is no exception to this rule; the preliminary procedure regulated by art. 51 para. (2) has a binding character, so that its non-compliance entails the rejection as inadmissible of the request for summons; the solution of inadmissibility is one in accordance with the right of access to justice, enshrined in art. 6 paragraph 1 of the European Convention on Human Rights.
- Subjects
LAND use laws; ADMINISTRATIVE procedure; EUROPEAN Convention on Human Rights; SUMMONS; ACCESS to justice; FAIR trial
- Publication
Valahia University Law Study, 2022, Vol 39, Issue 1, p106
- ISSN
2247-9937
- Publication type
Article
- DOI
10.53373/VULS.2022.39.1.017