Aspecte de drept controversate privind „intrarea în legalitate” a executării construcțiilor

Elena Cătălina Zară

Abstract


Complying with the law is an institution of administrative law settled by the special regulations adopted in the field of authorizing and executing the construction works but also in the field of land management and urbanism. Beside the fact that it is an institution that over time has endured, from our point of view, too many alterations, it also suffers because of the fact that, once stabilized, being put into practice does not tend to fully explain its meaning. The courts of law, seen as the final authorities entitled by  the law to decide on the legality of the enforcement of this legal norm, make, in their turn, non-unitary  and different assessments. All these lead to solutions that, compared to the same situations, put the people in distinct positions towards a real right – the property right on the constructions erected without building permit or by non-observance of its stipulations. Thus, some lose it by elimination of these buildings, others keep it by virtue of too much subjective interpretations of the rule of law, and others secure it by virtue of understanding the fact that complying with the law is, after all, a saving measure adopted in the favour of the one who builds by not knowing or strictly complying with the law.


Cuvinte cheie


complying with the law, building permit, urban planning documentation, cadastre, building demolition.

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