LAW (R) 18 19/02/1991
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LEGE nr. 18 din 19 februarie 1991 (*republished*)Law on the land resources*)ISSUED BY: PARLIAMENTPUBLISHED IN: OFFICIAL GAZETTE OF ROMANIA, Part I, No. 1, January 5, 1998. * The Law No. 18 of February 18, 1991 was published in the Official Gazette of Romania, Part. I, No. 37 of February 20, 1991 and it has been modified by Law No. 29 of March 21, 1991, published in the Official Gazette of Romania, Part I, No. 59 of March 22, 1991, by Government Ordinance No. 23 of August 21, 1992, published in the Official Gazette of Romania, Part I, No. 213 of August 28, 1992 (approved by Law No. 114 of November 18, 1992, published in the Official Gazette of Romania, Part I, No. 311 of November 30, 1992), by Government Ordinance No. 46 of August 12, 1994, published in the Official Gazette of Romania, Part I, No. 241 of August 1994 (approved by Law No. 132 of December 22, 1994, published in the Official Gazette of Romania, Part I, No. 359 of December 23, 1994), by Government Ordinance No. 20 of August 4, 1995, published in the Official Gazette of Romania, Part I, No. 184 of August 15, 1995 (approved by Law No. 104 of November 16, 1995, published in the Official Gazette of Rom�nia, Part I, No. 270 of November 21, 1995), by Government Ordinance of Urgency No. 5 of August 31, 1996, published in the Official Gazette of Romania, Part I, No. 207 of September 2, 1996 (approved by Law No. 47 of April 4, 1997, published in the Official Gazette of Romania, Part I, No. 58 of April 8, 1997) and by Government Ordinance No. 57 of August 28, 1997, published in the Official Gazette of Romania, Part I, No. 225 of August 30, 1997. Republished, also, in the Official Gazette of Romania, Part I, No. 1, of January 5, 1998, on the grounds of art. VII in Law No. 169 of October 27, 1997, published in the Official Gazette of Romania, Part I, No. 299 of November 4, 1997, giving the texts a new numbering. We mention that Law No. 169/1997 also contains certain own articles, numbered from II to V, that have not been incorporated in the republished text of Law No. 18/1991 and which are reproduced in the pages 428-430.Chapter 1 General provisionsArticle 1
Land of any kind, regardless of its destination, of the title on whose basis it is held, or of the public or private sector to which it belongs, shall constitute the land resources of Romania.Article 2
Depending on its destination, land shall be:a) land for agricultural purposes, namely: productive agricultural land - arable land, vineyards, orchards, viticultural nurseries, fruit-growing nurseries, hop and mulberry plantations, pastures, hay fields, hot houses, solaria, hotbeds and the like -, land with forest vegetation if it does not belong to forest planning, afforested pastures, land occupied by agricultural and zootechnic constructions and installations, fish protection works and those of land reclamation, technological and agricultural operation roads, depositing grounds and platforms serving the needs of agricultural production, as well as unproductive grounds which can be fitted out and used for the agricultural production;b) land of forest purposes, namely: afforested land or land serving the needs of forest culture, production, or administration, land for the purpose of afforestation and unproductive land - rocky regions, steep lands, blocks, cliffs, ravines, torrents - if they are included in forest planning;c) land permanently under water, namely: minor river beds, lake basins at maximum retention levels, bottom of interior maritime waters and of the territorial sea;d) land within the built-up area, appertaining to urban and rural localities on which there are located constructions and other arrangements of the localities, agricultural and forest land inclusive;e) land used for special purposes, such as land used for road, railway, naval, and air transports, with the corresponding constructions and installations, hydrotechnical and thermic constructions and installations and those for the transport of electricity, natural gas and for telecommunications, land for mining and oil exploitations, pits and waste dumps of any king, land for defence needs, beaches, reservations, natural monuments, archaeological and historical sites and piles, and suchlike.Article 3
In the sense of the present law, by land holders there shall be understood the titulars of the property right, of other real rights on the land, or those who, according to civil law, have the quality of precarious holders or possessors.Article 4
(1) Land may form the object of private property right or of other real rights, having natural or legal persons as titulars, or it may belong to public domain or private domain.(2) Public domain may be of national interest, in which case the property on it, under public law regime, belongs to the State, or it may be of local interest, in which case the property, under public law regime, too, belongs to communes, towns, municipalities, or counties.(3) The administration of the domain of national public interest shall be made by the bodies provided by law, and the administration of the public domain of local interest shall be made by mayoralties or by prefectures, as the case may be.(4) Land from public domain shall be that appropriated to a public utility.Article 5
(1) To public domain shall belong the land on which there are located constructions of public interest, markets, ways of communications, street networks and public parks, ports and airports, land for forest management, river and stream beds, basins of public interest lakes, the bottom of interior maritime waters and of the territorial sea, the Black Sea coast, beaches inclusive, land for natural reservations and national parks, archaeological and historical monuments, sites and piles, natural monuments, land for defence needs or other uses which, according to the law, belong to public domain or which, by their very nature, are of public use or interest.(2) The land that is part of the public domain is inalienable, not attachable and imprescriptible. It cannot be introduced in the civil circuit unless if, according to law, it is released from the public domain.Article 6
The state private domain and, respectively, that of the communes, towns, municipalities and counties is made of the land acquired by these through modalities stipulated by law, as well as of the land released, according to law, from the public domain. It is subjected to the provisions of ordinary law, if law does not stipulate it otherwise.Article 7
The land resources and, correspondingly, the property right and other real rights shall be registered into the documents of land records and real-estate publicity provided by law.Chapter 2 Establishment of private property right on landArticle 8
(1) The establishment of private property right on the land which is in the agricultural production cooperatives' property shall be made under the terms of the present law, by reconstituting the property right or by constituting this right.(2) By the provisions of the law shall benefit the agricultural production cooperatives' members who brought land in them or from whom land was taken over in any way by them, as well as, in terms of the civil law, their heirs, agricultural production cooperatives' members who brought no land in them, and other precisely specified people.(3) The establishment of property right shall be made, at request, by issuing a property title within the limit of a minimum area of 0.5 ha for each entitled person, according to the present law, and of a maximum of 10 ha per family, in arable equivalent.(4) By family there shall be understood the spouses and unmarried children, if they manage the homestead together with their parents.Article 9
(1) The persons that were reconstituted the property right within the limit of 10 ha of land per family, in arable equivalent, may request the reconstitution of the property right also for the difference between that area and the one that they have brought in the agricultural production cooperative or that has been taken over in any form by it, up to the limit of area stipulated in art. 3 let. h) in Law No. 187/1945 for the carrying out of the land reform, per family, irrespective whether the reconstitution is to be made in several localities or from different authors.(2) The persons to whom the property right was reconstituted according to law, within the limit of 10 ha area of land per family and who it was applied the reduction quota, according to art. 14 para (3) of the law, may formulate an application for the areas of land that constituted that quota. The applications shall be formulated in case the reduction quota exceeded the percentage of 5%.(3) The application is submitted to the mayoralty of the locality or, as the case may be, to the mayoralties of the localities in the radius of which the land for which the property right is to be reconstituted is located, personally or by post, with acknowledgement of receipt, within 90 days from the date of the present law*) coming into force, under the sanction of loss.(4) The application shall include:a) the name and surname of the applicant person and its domicile;b) the capacity of titular or heir of the right to property for which this right has been or is to be reconstituted, according to the present law;c) the area of land that has been reconstituted and the difference applied for.(5) Enclosed to the application there shall be:a) xerox copy from the property title that has been issued or, as the case may be, from the official report or from the putting in possession card;b) xerox copies from the documents proving the property right for the areas of land requested in addition;c) a statement in which there shall be mentioned, on own responsibility, the total area of land granted in ownership, by reconstitution or by constitution, per family, according to the present law, even if that has been in several localities or from several authors.(6) The mayor shall set up a special register, initialed, numbered and sealed, in which the applications submitted by the entitled persons shall be entered chronologically and shall issue, at request, a bill containing the registration number.(7) For the applications submitted by post, on the acknowledgement of receipt the registration number of the application and the date shall be mentioned.(8) The mayor or the secretary of the local council is obliged to accept the application and register it, irrespective whether or not this includes all the mentions stipulated in para (4) and is not accompanied by all the documents stipulated in para (5). In such case, the mayor or the secretary is obliged to communicate to the applicant that, within the time limit of 90 days he should submit all the necessary documents mentioned in para (5), under the sanction of its loss of the term.(9) The non-observance of the obligations stipulated in para (6) by the mayor or secretary shall bring about both the administrative and the disciplinary responsibility, according to law, and the payment of cominatory damages or, as the case may be, and of damages.(10) After the expiry of the 90 days term stipulated in para (3), the mayor is obliged, within 30 days, to draw up the list regarding the categories of persons, the requested agricultural land and the balance sheet of the land resources per locality - commune, town, municipality -, in view of reconstituting the property right, according to law. Within this term, the mayor shall transmit these to the prefect, under signature.(11) Within 15 days from receipt, the prefect shall draw up the list regarding the applicant persons and the balance sheet of the land resources per county, which he shall transmit, within the same term, to the Department for Local Public Administration.(12) After drawing up the balance sheet of the land resources at country level, the areas of agricultural land that shall be reconstituted shall be established by law.---------- *) Law No. 169/1997 came into force on November 4, 1997.Article 10
(1) The natural and the legal persons that was reconstituted the property right over the agricultural land, according to the present law, as well as the legal persons that have in their property or administration agricultural land or hold in any way such land, have the obligation to give the secretary of the local council a statement in which there shall be mentioned the agricultural land area granted or, respectively, actually held, in one or several localities, while for the natural persons, also from several authors.(2) The natural persons shall make the statement on their own responsibility, while the legal persons, through their representatives.Article 11
(1) The area brought in the agricultural production cooperative is the one resulting from ownership documents, landed book, cadastre, applications for joining the cooperative, land registry on the date of joining the cooperative, cooperative's records or, in their absence, from any other proofs, including statements of witnesses.(2) The provisions of the previous paragraph shall correspondingly apply also with regard to areas taken over by agricultural production cooperatives either on the basis of some special laws, or without any title, or in any other way.(3) The establishment of property right shall be made at request, on the basis of the situation of the land held by the agricultural production cooperative on January 1, 1990, registered in the record system of the general land cadastre or of the agricultural register, corrected with the alienations legally effected by cooperative up to the date when the law has come into force.(4) The application for the establishment of property right shall be forwarded and registered at the mayoralty within 30 days after the coming into force of the present law.Article 12
(1) In order to establish the property right by its reconstitution or constitution, to effectively assign the land to the entitled persons, and to issue property titles, in each commune, town, or municipality, a commission led by the mayor shall be set up by an order of the prefect*).(2) The communal, town, or municipal commissions shall operate under the guidance of a county commission, appointed by an order of the prefect and led by the prefect.(3) The commissions' setting-up procedure and manner of operation, as well as the model and mode of assignment of the new property titles shall be established by a Government's decision**) within 15 days after the date of publication of the present law. The commissions shall be composed of citizens designated by the community from all the entitled categories, specialists and civil servants. In the communes consisting of several villages, the citizens shall be designated proportionally to the numerical share of each village's inhabitants.------------- *) According to the art. 113 para (1) under Law No. 69/1991, republished, the prefect issues orders. **) See the Government Decision No. 131/1991, republished in the Official Gazette of Romania, Part I, No. 7 of 19 January 1993.Article 13
(1) The heir capacity shall be established on the basis of the heir certificate or the final judicial decision, or, in their absence, of any other evidence from which it results the accepting of inheritance.(2) Heirs who cannot prove this capacity because the land was not in the civil circuit shall be considered reinstated de jure within the acceptance term with regard to their due share from the land that belonged to their author. They shall be considered as having accepted the inheritance by the application they make to the commission.(3) The property title shall be issued with regard to the land area determined on the name of all the heirs, who are to proceed according to the ordinary law.Article 14
(1) Land belonging to agricultural production cooperatives situated outside the built-up area of the localities shall become the cooperative members' or their heirs' property, as the case may be, in accordance with the land areas which were brought or taken in any way into the cooperative's property.(2) As a rule, the effective assignment of the land shall be made, on hillsides, on the former locations, and in plain zones, on fields established by the commission, and not necessarily on the former locations of the property, within the present cooperatives' perimeters.(3) In case that, between the agricultural production cooperative's land area, as resulted by summing up the land areas brought by its members or taken over by the cooperative in any other way, and the present land area there shall have occurred modifications both with regard to the total land area and by utilization classes, the establishment of the cooperative members' or of their heirs' property shall be made by reducing a proportional share resulted from the subtraction of the areas legally used for other purposes from the initial total area, and proportionally to the existing agricultural utilization classes. Area holders with properties of less than 1 ha shall not be affected.(4) Areas occupied by fruit-growing and vine-growing plantations, hot houses, ponds, fish protection works, nurseries, administrative, agricultural and zootechnic constructions, as well as those required for the fodder base appertaining to the zootechnic production capacities existing in the agricultural production cooperatives may, on the basis of the owners' option, represent a contribution to the setting up of some private-type association forms, with or without legal personality.Article 15
(1) Cooperative members who abandoned the cooperative, did not work in it, or do not live in the respective locality, as the case may be, as well as their heirs may receive land from the outside of the built-up area brought or taken in any way into the cooperative's property.(2) The provisions of the previous paragraph shall also apply to persons whose land passed into the agricultural production cooperative's property, with or without title, without having acquired the capacity of cooperative members, as well as to their heirs, as the case may be.(3) By the provisions of paragraph (2) shall also benefit the persons holding the titles of Knight of the Order of "Michael the Brave" and "Michael the Brave with Swords" and their heirs, who opted for and to whom arable land was allotted at the date of appropriation, except those who alienated it.(4) The provisions of Article 14, paragraphs (2) and (3) shall be correspondingly applied.(5) Land areas of 10,000 m 2 in arable equivalent shall be allotted in property, at request, to persons having totally or partly lost their working capacity and to the heirs of those deceased as a result of their participation in the fight for the victory of the December 1989 Revolution. For the land allotted, these beneficiaries shall be exempt from taxes or duties.Article 16
(1) In cases in which, within the perimeter of some agricultural production cooperatives, there were also amalgamated agricultural lands belonging to private owners, who did not receive other land in compensation, at their request or at that of their heirs, they shall be reinstated in property and the areas shall be restored in an equivalent share, within certain fields established by the commission.(2) The provisions of article 14 paragraphs (2) and (3) shall be correspondingly applied.Article 17
(1) In localities with Romanian citizens belonging to the German minority or inhabited by persons who were deported or displaced, dispossessed of land by statutory instruments after 1944, land areas from the reserve at commissions' disposal shall be assigned in property, at request, with priority to them or their heirs, or the procedure shall be pursuant to Article 37.(2) On assignment, the land area they had in property shall be taken into consideration, without exceeding 10 ha per family, in arable equivalent.Article 18
(1) Land from the outside of the built-up area brought or taken in any other way into the agricultural production cooperative's property from its members or other persons deceased without having any heirs, as well as unclaimed land shall remain at commission's disposal.(2) All land belonging to the agricultural production cooperative that was not assigned according to Articles 14-17 as well as State-owned land from the outside of the built-up area exploited by the cooperative shall also remain at commission's disposal, to be assigned to other entitled persons, according to the provisions of the present law.(3) The unassigned land, remaining at commission's disposal, shall pass in the private domain of the commune, town or municipality, to be put at the disposal of those that wish to set up or develop agricultural exploitations, by leasing, licensing or sale, under the terms of the law.Article 19
(1) Active cooperative members who did not bring land into the cooperative, or who brought land with an area of less than 5,000 m 2, as well as those who, without having the quality of cooperative members, worked in any way as employees during the last 3 years in the cooperative or in cooperative associations, may be assigned in property plots from the land provided under Article 18, if they are established or are going to establish themselves in the locality and do not hold land in property in other localities. The area assigned in property shall be determined by taking into account the land areas, the number of applicants, and the area assigned to those who brought land into the agricultural production cooperative.(2) The provisions under paragraph (1) shall also apply to the persons who were deported and do not benefit by the provisions under articles 14-16.(3) Up to 5,000 m 2 in arable equivalent per family may be assigned, at request, for agricultural utilization to the specialist personnel from communal public services, as long as they work in the locality, if they or members of the family to which they belong have no land in property in the respective locality. The property right on this land belongs to the commune, town, or municipality, as the case may be.(4) The granting for use cannot be made in the cases in which in the respective locality the reductions stipulated in art. 14 para (3) have been carried out.(5) On leaving the locality, the persons mentioned under paragraph (3) are entitled to indemnifications for investments made, with the owner's preceding consent, and if they are useful on the assigned area.Article 20
In case that in some agricultural production cooperatives there is no land left available to be assigned in the minimal area provided under article 8, as well as for the persons provided under articles 17 and 19 paragraphs (1) and (2), the commission shall decide a reduction in proportional share of the area that is allotted, so as to assign land in property to these categories, too.Article 21
(1) In localities with surplus of agricultural land area and with workforce deficit in agriculture, from the land provided under article 18 up to 10 ha in arable equivalent may be assigned in property to all families which apply for it in writing and assume the obligation to work this area.(2) Families without land or with little land from other localities, which apply in writing, may receive in property up to 10 ha in arable equivalent, from the outside of built-up area with the obligation to establish their domicile in the commune, town, or municipality, as the case may be, and to cultivate the land received, abandoning the property they held in their locality.Article 22
(1) At the request of parish commissions or of other representative bodies of local cult communities from the rural environment -, the commissions shall assign in property, out of agricultural land, an area of up to 5 ha in arable equivalent to each parish or hermitage belonging to the legally recognized cults, or up to 10 ha of agricultural land in arable equivalent for monasteries, in so far as all these establishments formerly possessed agricultural land taken over by agricultural production cooperatives, and at present do not hold such land or have restricted areas. In zones which did not belong to cooperatives, the reconstitution of the property right shall be made from the land existing in State property and under mayoralties' management, at their proposal, by an order of the prefect.(2) The provisions of article 9, paragraph (5) shall correspondingly be applied.(3) The representative bodies of the cult units acknowledged by law, from the rural area, may request the reconstitution of the property right also for the area of agricultural land that represents the difference between the area of 5 ha, in the case of parishes, and the area they have held in ownership, but not more than 10 ha, and for the area that represents the difference between the area of 10 ha, in the case of monasteries and hermitages, and the area they have held in ownership, but not more than 50 ha.(4) The provisions of art. 9 remain applicable.(5) For the parishes, hermitages and monasteries in the urban area, the councils and their representative bodies may request the reconstitution of the property right under the terms of para (3) and (4).(6) The representatives of other cult units may also request the reconstitution of the property right over the land they have held in ownership, within the limit of the area they had owned, as follows:a) patriarchal center, up to 200 ha;b) diocesan centers, up to 100 ha;c) archpriest residences, up to 50 ha;d) parishes in urban area, up to 10 ha;e) subsidiaries in the rural and urban area, up to 10 ha.Article 23
(1) There shall be and remain in the private property of cooperative members or of their heirs, as the case may be, regardless of their trade or domicile, the land corresponding to the dwelling house and household dependencies, as well as the courtyard and garden around them, determined according to article 8 under the Decreelaw No. 42/1990 on some measures for stimulating the peasantry.(2) The areas of land pertaining to the dwelling house and household dependencies as well as the courtyard and garden around them are those registered as such in the ownership documents, in the landed book, in the agricultural registry or in other landed documents, on the date of joining the agricultural production cooperative.(3) For the area of agricultural land assigned by the agricultural production cooperative as plot for use, according to the stipulations of art. 4 in Decree-law No. 42/1990, the person to whom it has been assigned shall not be reconstituted or constituted the property right, irrespective whether this land is in the continuation of the garden inside the built-up area or on another location outside the built-up area, except for those displaced, for the carrying out investments of local interest or public utility.(4) The provisions of the paragraph (1) shall also apply to the persons from the zones belonging to cooperatives who did not have the cooperative-member quality.Article 24
(1) Land within the inside the built-up area that was assigned by cooperatives, according to the law, to cooperative members or other entitled persons, for the construction of dwellings and household dependencies, they have erected, shall remain and be inscribed in the present holders' property, even if the assignment was made from land taken over, regardless of the manner applied, from the former owners.(2) The former owners shall be compensated with an equivalent land area within inside of the built-up area, and, in its absence, with land from the outside of the built-up area but in the immediate neighbourhood.Article 25
(1) In case the agricultural production cooperative assigned plots for utilization to some cooperative members, in the former owners' gardens within the built up area, such land shall revert de jure in the initial holders' property or their heirs.(2) Persons who have received land in the terms of the paragraph (1) and on which they have made investments shall be entitled to an idemnification equal to their equivalent value, if they cannot be removed.(3) By investments, in the sense of para (2), there are understood the works destined to agricultural exploitation of the land.Article 26
(1) Land situated within the built-up area of a locality, that belonged to cooperative members or other persons who died, in both cases without having heirs, shall be transferred in the property of the commune, town, or municipality, as the case may be, and under the mayoralties' administration, in order to be sold, leased, or turned over for use to those who apply for the construction of dwellings and have no ground, or for the location of social-cultural or production-oriented objectives, according to the law, or for the compensations provided under article 24.(2) Until the operations provided under paragraph (1) shall be carried out, the land shall be inscribed and used according to their former purpose.Article 27
(1) The putting in possession and the issuing of property titles to those entitled cannot be made unless the necessary delimitation for measurements, the establishing of the vicinities on the basis of the sketch, the established location and the drawing up of the prior ascertaining documents have been carried out.(2) In all cases in which the reconstitution of the property right is made on the old locations, on the occasion of the measurements the commission takes note of the mutual acknowledgement of the property limits by the neighbours and enters them in the ascertaining documents.(3) For the land found in the exploitation of the private type agricultural companies, set up on the grounds of Law No. 36/1991 on agricultural companies and other forms of association in agriculture, the local and county commissions shall carry out, within 12 months, all the operations stipulated in para (1) and (2) and shall issue the property titles.(4) The members and the management of these agricultural companies have the obligation to immediately request the local commissions to carry out the operations stipulated in the preceding paragraph, and the county commissions to request the issuing of the property titles.(5) The infringement of the preceding paragraphs' provisions brings about, de jure, the dissolution of the agricultural companies involoed.(6) On dissolving of the agricultural production cooperative, a winding-up commission set up within 15 days after the date of coming into force of the present law, by an order of the prefect at the mayoralty's proposal, within 9 months after the cooperative's dissolution shall proceed to the realization of assets and payment of liabilities, under the terms provided by law.Article 28
(1) The winding-up commissions provided under article 27 shall have the obligation to ascertain and establish any acts violating the law, to take measures for recovering the damages, according to the law, and to notify the bodies of criminal prosecution, if such be the case.(2) Sums recovered in the terms of the paragraph (1) shall be considered realized assets and are to follow the destination of those provided under article 27.(3) At the expiry of the term provided under article 27, the commissions shall present the winding-up balance sheet and the explanatory report to the specialist body of the prefecture or of the Mayoralty of the Municipality of Bucharest, invested with audit prerogatives, according to the law, for discharge.(4) The documents ascertaining the liabilities to the State and other juristic persons remaining after the termination of the winding-up operations, drawn up by the winding-up commission shall be endorsed and centralized by the Ministry of Finance, and thereafter the Government shall present them to Parliament, accompanied by solution proposals.Article 29
(1) The agricultural and zootechnic constructions, small-industry workshops, machines, tools, and other similar fixed assets that belonged to the woundup agricultural production cooperative, as well as the underlying ground and the land required for their normal use, vine-growing and fruit-growing plantations, and the animals shall become property of the members of privatetype associations with legal personality, if they will be set up.(2) The former cooperative members' rights on the goods provided under paragraph (1) shall be established in a value share proportional to the land area brought into or taken in any way by the cooperative, and to the volume of the work done. Associate members shall constitute these rights as contribution in kind to the new association.(3) Debt claims shall be established for the former cooperative members who do not become members of this association, proportionally to the value share that is due to them from the cooperative's property, if they were not covered in another way. Payment of debts shall be made by the association, in kind or in cash, according to the winding-up commission's decision.(4) In case such associations were not set up, the goods and animals provided under paragraph (1) shall be sold by public auction to natural or juristic persons. Debts of any kind of the former cooperative shall be paid from the price realized. Cattle and sheep as well as vine-growing and fruit-growing plantations shall be excepted, as they shall be assigned to the former cooperative members. (5) Within 9 months after the agricultural production cooperative's dissolution, the winding-up commission set up according to article 27 paragraph (6) shall establish the cash rights due to each of the former cooperative members.(6) The former cooperative members shall receive their due share from the turning to account by auction of the common goods, proportionally to the land area brought into the cooperative, in arable equivalent, and to the value volume of the work done.(7) The goods provided under paragraph (1) which are not sold within a year after the cooperative's winding-up date shall be transferred in the private property of the communes, towns, and municipalities where they are situated, without any indemnification, and under the mayoralties' management.(8) It shall be forbidden the demolition of the agricultural zootechnic constructions, maintenance workshops, as well as household and small-industry dependencies and installations, forming the object of paragraph (1). By way of exception, if degraded or in any other way unserviceable, they may be dissolved with the permit of the prefecture and the recovered materials shall be turned to account by mayoralties, the resulting amounts having to be entered into the assets of the winding-up operations.(9) Constructions designed for social or cultural utilization shall be transferred, free of charge, under the regime of public law, in the property of communes, towns and municipalities, and under the mayoralties' management.Article 30
(1) Intercooperative associations or State and cooperative ones in any domain may reorganize themselves in trading companies by shares within 90 days after the publication of the law in the Official Gazette of Romania, Part I.(2) The land and other goods brought by the cooperative into the association, as well as the goods acquired by it shall become the company's property, while the cooperative members and other persons entitled to reconstitute their property on the land belonging to the company, as well as its employees, may become shareholders, pursuant to the law.(3) In case some cooperative members or other entitled persons provided under paragraph (2) do not choose to become shareholders of the trading company, their property right shall be established, in accordance with the provisions under articles 14 and 15 of the present law, out of the land which was not brought by the agricultural production cooperative into association.(4) In localities where there are no such possibilities, some inefficient farms of the association may be dissolved. The decision regarding this matter shall be adopted by the county commission on the proposal of the communal, town, or municipal commission, as the case may be.Article 31
(1) State-owned land under the exploitation of the agricultural production cooperatives shall be at the disposal of the commissions provided under article 12 with a view to their assignment in the property of those entitled, according to the law.(2) The unassigned land, remaining at the commission's disposal shall pass in the private domain of the commune, town or municipality.Article 32
(1) Land assigned according to article 19, paragraph (1), article 21, and article 43 shall not be alienated by inter vivos deeds for a period of 10 years calculated after the beginning of the year following upon that in which the property was inscribed, under the sanction of absolute nullity of the alienation deed.(2) The ascertainment of nullity may be requested in court by the mayoralty, prefecture, public prosecutor, as well as by any interested person.Article 33
Land derived from former communal - lawn and arable - commons, that was used by agricultural production cooperatives, shall be transferred in the private property of communes, towns, or municipalities, as the case may be, and under the mayoralties' management to be used as communal pastures and for the production of fodder and seed for fodder cultures.Article 34
Land reclamation works existing on the land received, the corresponding protection zones inclusive, shall be transferred in the property of units specialized in the exploitation of such works, pursuant to the law.Chapter 3 Provisions with regard to state-owned land and some special provisionsArticle 35
(1) State-owned land shall be considered those areas entered in its property pursuant to the legal provisions existing up to january 1, 1990 and registered as such in the record system of the general land cadastre and in the forest plannings.(2) The state-owned land, managed by the institutes and scientific agricultural and forest research stations, meant for research and production of seeds and seedlings in superior biological categories and of the pedigree stock, as well as from the Insitute for Testing and Registration of the Types of Cultivation Plants and its territorial centers belong to the public domain and remain under their administration. Within 90 days from the coming into force of the present law*), the Government, on the proposal of the Ministry of Agriculture and Food Industry shall delimit the areas of land strictly necessary for the research and production of seeds and seedlings material in superior biological categories and of pedigree stock and those meant for production, under the administration of the institutes and agricultural production and research stations.(3) The provisions of paragraph (2) shall also apply to state-owned land used, at the date of the present law, by agricultural or sylvicultural type education units, and which passes under their management.----------- *) Law No. 169/1997 came into force on November 4, 1997.Article 36
(1) State-owned land situated within the built-up area of localities and which is under the mayoralties' management, at the date of the present law, shall be transferred in the property of communes, towns, or municipalities, following the legal conditions of land provided under article 26.(2) State-owned land situated within the built up area of localities and assigned, according to the law, in perpetual use or in use for the duration of construction's existence, with a view to constructing private-property dwellings, or on the occasion of the buying of such dwellings from the State, shall be transferred, at the request of the present owners of dwellings, in their property, integrally or proportionally to the share held in construction, as the case may be.(3) Lands assigned in use for the existence duration of the constructions of their holders, as an effect of the taking over of the land corresponding to constructions, pursuant to the terms of the provisions under article 30 of the Law No. 58/1974 with regard to the systematization of territory and urban and rural localities, shall be transferred in the property of the present titulars of right to use the land, owners of the dwellings.(4) The provisions of article 23 shall remain applicable.(5) The land without constructions, unaffected by approved works of investments, according to law, inside the built-up area of the localities, found in the administration of the local councils, considered state property by applying the provisions of Decree No. 712/1966 and of other special normative documents, shall be returned to the former owners or their heirs, as the case may be, at request. (6) The assignment in property of the lands provided under paragraphs (2)-(5) shall be made by on order of the prefect at the mayoralties' proposal made on the basis of the verification of the legal situation of lands.Article 37
(1) Persons whose agricultural land was transferred in state property as an effect of some special laws, other than those of expropriation, and which is under the management of state agricultural units shall, at request, become shareholders in the trading companies set up on the basis of the Law No. 15/1990 from the present state agricultural units. By the same provisions shall benefit these persons' heirs, too.(2) The application shall be forwarded, within 30 days after the coming into force of the present law, to the mayoralty in whose territorial area land is situated.(3) The number of shares received shall be proportional to the land area in arable equivalent transferred in the States's property without exceeding, however, the value of 10 ha of land per family, in arable equivalent.(4) There shall not profit by the provisions of this article the persons whose land has been confiscated as a result of penal convictions, with the exception of the persons stipulated in Decree-law No. 118 of March 30, 1990 on granting of certain rights to the persons persecuted for political reasons by the dictatorship established starting from March 6, 1,945, as well as those deported abroad or constituted as prisoners, with the subsequent modifications.Article 38
(1) The natural persons who was established the capacity of shareholder on the grounds of art. 37, the persons who were established rights at the institutes and agricultural research stations and at the autonomous regies of agricultural type according to Law No. 46/1992, as well as the persons that have the capacity of lessor, according to art. 25, in Law on leasing No. 16/1994 may request the reconstitution of the property right also for the difference of over 10 ha per family, up to the limit of the area stipulated in art. 3 let. h) in Law No. 187/1945, irrespective if reconstitution is to be made in several localities or from different authors, within the time, with the procedure and under the terms stipulated in art. 9 of the present law.(2) The persons stipulated in para (1), who was established the right in shares, within the limit of an area of up to 10 ha in arable equivalent, may apply, in the case in which by applying the equation coefficient, stipulated in the regulations approved by the Government Decision No. 131/1991, the land area could exceed, as equivalence 10 ha arable land, within the time, with the procedure and under the terms stipulated in art. 9 para. (3)-(9).Article 39
The natural persons whose agricultural land has passed in state property by the effect of Decree No. 83/1949, as well as any other normative expropriation documents or their heirs can request the reconstitution of the property right for the area of land passed in state property, up to the limit of the area stipulated in art. 3 let. h) in Law No. 187/1945, per family, irrespective if the reconstitution is to be made in several localities or from different authors, within the time, with the procedure and in the terms stipulated in art. 9.Article 40
(1) After the expiry of the term of 90 days, in the cases stipulated in art. 38 and 39, the mayor shall draw up the list regarding the agricultural land requested by the categories of persons stipulated and also the balance sheet of the land resources per locality and per each trading company and institute or agricultural production and research station or autonomous r�gie of agricultural type, in the territorial radius of the locality.(2) The provisions of art. 9 para. (9) shall remain applicable.Article 41
(1) Agricultural land without constructions, installations, and arrangements of public interest, transferred in state property and which is, at the date of the present law, under the mayoralties' management shall be restored to the former owners or their heirs, without exceeding the area of 10 ha per family, in arable equivalent.(2) The restitution of land shall be made, at request, in the terms of article 11 by an order of the prefect, at the mayoralty's proposal.(3) The provisions of the paragraph (4) of article 37 shall correspondingly apply.Article 42
(1) In localities with land deficit, in which the former owners' land is in state property, and they do not choose to receive shares in the terms of article, 37, and they or their heirs cannot be assigned the minimal area provided by the present law, the county commissions shall decide the assignment of an area of 5,000 m 2 per family, in arable equivalent, at request, from state-owned land.(2) For the land difference up to which the former owners or their heirs are entitled according to the present law, the provisions under article 37 shall correspondingly apply.(3) Land areas on which investments were carried out, other than land reclamations shall not be assigned.(4) Vine-growing or fruit-growing plantations may be affecteed in such cases only in the situation in which there is no land in another utilization class to be assigned in property.Article 43
(1) In the mountain zone - unfavourably affected by natural factors, such as climate, altitude, slope, isolation - a land area of up to 10 ha in arable equivalent may be assigned in property, at request, to young peasant families coming from the mountain agricultural environment, having the necessary skill, and assuming in writing the obligation to create homesteds, to breed animals, and to rationally exploit the land to this end. (2) The land provided in the preceding paragraph shall be granted from the private domain of the commune, town or municipality, as the case may be.(3) The assignment in property of land shall be made by an order of the prefect at the mayoralties' proposal.Article 44
(1) The land deriving from former commons transmitted to state units and which, at present, are used as pastures, hayfields and arable, shall be returned to the ownership of communes, towns and municipalities as the case may be, and in the administration of the mayoralties, in order to be used as communal pastures and for the production of fodder and seeds for fodder cultures. Exceptions are the areas occupid by vineyards, orchards, fodder seed trees, fishponds, lakes or those meant for growing vegetables, fruit or other raw material for canneries, rice plantations and experimental land, meant for agricultural research, that shall be compensated in equal area of land of the same quality by the joint stock trading companies, within six months from the date of the present law coming into force.*)(2) The nonobservance of the provisions of the preceding paragraph brings about the passing, de jure, of this land in the property of communes, towns or municipalities, as the case may be.----------- *) Law No. 169/1997 came into force on November 4, 1997.Article 45
(1) The natural persons or, as the case may be, their heirs whose forest vegetation, forests, riverside coppices, shrubbery, afforested pastures and hayfields land have passed in state property by the effect of certain special statutory instruments, may request the reconstitution of the property right also for the difference of over 1 ha, but not more than 30 ha per family.(2) If on the areas of land to be granted under the terms of the preceding paragraph there are constructions or forest plannings, or they are under construction or in designing stage, or the land is cleared, other areas of land shall be granted, by observing the same terms, in the immediate vicinity.(3) The persons stipulated in para (1) shall formulate their applications within the time, with the procedure and under the terms stipulated in art. 9 para (3) - (9).(4) The land stipulated in para (1), as well as in art. 46 and 47 shall be managed and exploited in forest regime, according to law. The forest regime for the private property forest shall be drawn up and shall be approved whitin 3 months from the coming into force of the present law*) through the good offices of the Ministry of Waters, Forests and Environment Protection. The putting in possession of the forests, riverside coppices, shrubbery, afforested pastures and hayfields shall be made only after the establishing of their forest regime.------------- *) Law No. 169/1997 came into force on November 4, 1997.Article 46
(1) The former joint owners or, as the case may be, their heirs may request the reconstitution of the private property right over the land stipulated in art. 45, on the basis of the documents attesting this capacity and within the limits of the areas stipulated in those documents.(2) The provisions of para (1) also apply in the case of the land exploited jointly by the former freeholders or free peasants, within the undivided communities.(3) The provisions of art. 45 para (2) remain applicable.(4) In the cases in which the land that has belonged to joint ownership and communities are located on the territorial radius of several localities, the application is made at each of them, for the area situated on their radius.(5) The persons mentioned in para (1) shall formulate the application within the time, by procedure and under the terms provided under art. 9 para (3)-(9).Article 47
(1) The parochial councils or the representative bodies of the hermitages and monasteries, as well as those of the education institutions may request the restitution of the tracts of land with forest vegetation, forests, riverside coppices, shrubberies, hayfields and afforested pastures they have owned in property, within the limit of the areas they had in property, but not more than 30 ha, regardless if they are located on the radius of several localities.(2) The applications together with the proving property documents, shall be submitted within the time limit, by procedure and under the terms stipulated under art. 9, para. (3)-(9).(3) The local councils of the communes, towns and municipalities may request the restitution in private property of the tracts of land with forest vegetation, forests, riverside coppices, shrubberies, hayfields and afforested pastures on the basis of the documents attesting this quality, by the procedure and under the terms stipulated in art. 9 para. (3)-(9).(4) The provisions of art. 45 para. (2) remain applicable.Article 48
The Romanian citizens having their domicile abroad, as well as the former Romanian citizens who have regained the Romanian citizenship, regardless if they have or have not taken their domicile in the country, may submit an application for reconstituting the property rights for the areas of agricultural land or land with forest destination, provided under art. 45, which they have had in property, but only up to the limit provided in art. 3 letter h) under Law No. 187/1945, per family, for the tracts of land, and not more than 30 ha per family, for the land with forest destination, within the time limit, by procedure and under the terms stipulated in art. 9 para. (3)-(9).Article 49
(1) Persons to whom property rights have been constituted on agricultural land shall be obliged to duly observe the terms provided under articles 19, 21 and 43 under the present law, in connection with the establishment of the domicile and setting up of new homesteads.(2) Non-observance of these terms shall entail loss of the property right on the land and constructions of any kind realized on it. No damages shall be granted for the land, and for the constructions the owner shall receive an indemnity equal to their real value.(3) The authorized body to find out the cases stipulated in para. (2) is the prefect, who, by order, confirms the loss of the property right and its passing, as the case may be, in the private property of the commune, town or municipality in the radius of which the land is situated.Article 50
The territorial delimitation of the new properties resulting from the application of the present law shall start from the present organization of territory, and shall be made on the basis of some parcelling-out projects prepared by specialized bodies.Chapter 4 Procedural provisionsArticle 51
The county commission is competent to solve the appeals and to validate or invalidate the measures established by the local commissions.Article 52
(1) In the sense of the present law, the local commission is a public authority with administrative activity, while the county commission is a public authority with administrative-jurisdictional authority.(2) The county and the local commission have, within the limits of their competence and by derogation from the provisions of the Code of civil procedure, the passive processual capacity and, when the case may be, active one, being legally represented by the prefect, respectively, mayor or, on the basis of a conventional mandate, by one of the members, the assistance of a lawyer not being compulsory.Article 53
(1) The decisions of the county commission on the appeals of the persons that have requested the reconstitution or constitution of the private property right on the land, according to the provisions stipulated in chapter II, and those on the measures established by the local commissions are notified to those interested by registered letter with acknowledgement of receipt.(2) Against the decision of the county commission complaint may be made at the court in the territorial radius of which the land is situated, within 30 days from notification.Article 54
(1) The provisions of art. 53 para. (1) also apply in the case in which the complaint is directed against the prefect's order or any administrative document of an administrative body that has refused the assigning of the land or the proposals of assigning the land, under the terms stipulated in chapter III.(2) The provisions of art. 53 para. (2) remain applicable.Article 55
(1) The modification or cancellation of the own decision by the commission may be the object of a complaint.(2) The provisions of para (1) also apply in the case in which the county commission has issued, after the closing of the finalizing procedure of its activity, administrative documents contrary to its own decisions, the provisions of art. 53 para (2) remaining applicable.Article 56
The complaint stipulated in art. 53 may be also directed against the measures of putting into practice of art. 37, on the establishing of the right to receive shares in state agricultural units, reorganized in trading companies as per Law No. 15/1990, the provisions of art. 53 para (2) remaining applicable.Article 57
The complaint formulated according to art. 53-56 suspends execution.Article 58
The court solves the case according to the rules stipulated in the Code of civil procedure and in Law No. 92/1992*) on judicial organization. On the basis of the final judicial decision, the county commission, that has issued the property title shall modify it, shall replace it or shall cancel it.------------ *) Law No. 92/1992 has been republished in the Official Gazette of Romania, Part I, No. 259 of September 30, 1997.Article 59
The civil sentence delivered by the instance mentioned in art. 58 is subjected to the ways of attack stipulated in the Code of civil procedure, by the observance of the legal provisions in the matter.Article 60
The third parties that have been affected in their rights by the decision of the county commission or by the prefect's order or otherwise, through administrative documents prior to the order, as is the case of the mayor's proposals, and who had no interest in addressing these bodies already having a title of private property over the land or they had been acknowledged such a right, according to law, cannot use but the way of ordinary law actions, petitioners or, as the case may be, possessors, especially claiming and not the procedure stipulated in this chapter.Article 61
The provisions of art. 60 also applies in the case of infringing the state public or private right or, as the case may be, of territorial-administrative units.Article 62
The decisions of the county commissions are not opposable to the persons stipulated in art. 60 and art. 61.Article 63
In all cases in which the law provides the nullity of certain operations or legal documents, the litigation is judged according to ordinary law and not according to the special procedure stipulated in the present chapter.Article 64
(1) In the case in which the local commission refuses to hand over the property title issued by the county commission or the actual putting in possession, the discontented person may file a complaint with the instance in the territorial radius of which the land is situated.(2) If the instance admits the complaint, the mayor shall be compelled to immediately carry out the handing over of the property title or, as the case may be, the actual putting in possession, under the sanction of condemning to comminatory damages for each day of delay, specially established by the instance.(3) The provisions of art. 53 para. (2) apply accordingly.Article 65
The litigations under way shall continue to be judged by the intimated instances, irrespective of the trial stage it is in, according to the procedural rules applicable on the date of the intimation, taking into account, whenever the case, also of the provisions of the present law.Chapter 5 Juridical circulation of the landArticle 66
Private property land, regardless of its titular, is and shall remain in the civil circuit. It may be acquired and alienated in any of the ways established by the civil legislation, by observing the provisions under the present law.Article 67
(1) Land situated within and outside the built up area may be alienated, regardless of the area dimensions, by inter vivos legal deeds, concluded in certified form.(2) In all cases of acquirement, by inter vivos legal deeds, the acquirer's property shall not exceed 100 ha of agricultural land, in arable equivalent, per family, under sanction of absolute nullity of the alienation deed.Article 68
(1) Natural persons who are not Romanian citizens and do not have their domicile in Romania as well as juristic persons not having Romanian nationality and their headquarters in Romania shall not acquire land of any kind in property by inter vivos deeds.(2) Persons provided under paragraph (1) acquiring land in property by inheritance shall be compelled to alienate it within 1 year after the date of acquirement, under sanction of its transfer in state property, free of charge, and under the management of the Agency for Rural Development and Planning.(3) Persons provided under paragraph (1), who acquired land in property before the date of the coming into force of the present law shall be compelled to alienate it within 1 year after this date, under sanction of its transfer in state property, free of charge, and under the management of the Agency for Rural Development and Planning.Article 69
(1) Alienation by sale of agricultural land from the outside of the built-up area may be made by exercising the pre-emption right.(2) The pre-emption right on alienation of any agricultural land from the outside of the built-up area devolves in the first place on the joint owners, if such be the case, and in the second place on the neighbouring owners, and shall be exercised through the Agency for Rural Development and Planning.(3) The owner of the land that is to be sold shall compulsorily inform the Agency for Rural Development and Planning, which shall notify in writing the persons provided under paragraph (2) about the intention, within 15 days after the date when it was informed.(4) The titulars of the pre-emption right shall compulsorily pronounce their opinion on its exercise within 30 days after the date when they received the notification.(5) When this term expires, the pre-emption right of the joint or neighbouring owners shall be considered extinguished.(6) The pre-emption right on alienation of the land devolves on State through the Agency for Rural Development and Planning, which shall compulsorily pronounce its opinion within the term provided under paragraph (4).(7) If the Agency does not pronounce its opinion within this term, the land shall be sold freely.Article 70
The alienation deed concluded with violation of the pre-emption right provided under article 69 may be cancelled.Article 71
Agricultural land from the outside of the built-up area may form the object of forced or voluntary distraint only in the cases provided by law.Article 72
(1) Exchange of land between natural persons shall be made with their accord, by a certified deed, the provisions under article 67 being applicable.(2) Exchange of land between juristic persons that have under management land on which the State holds a majority of shares, or between these legal persons and natural persons shall be made only with the endorsement of the Ministry of Agriculture and Food Industry or of the Ministry of the Waters, Forests and Environment Protection, as the case may be.(3) By the exchanges carried out, each piece of land acquires the legal status of the land it replaces, with the observance of the real rights.Article 73
Putting in possession of the new holders, according to article 72, paragraph (2) shall be made by the delegate of the county cadastre and territorial organization Office, in presence of the interested parties, mentioning in the cadastral documents and in the agricultural register the modifications supervened.Chapter 6 Use of land for agricultural and sylvicultural productionArticle 74
All holders of agricultural land shall compulsorily ensure its cultivation and soil protection.Article 75
(1) Landowners who fail to fulfil the obligations provided under article 74 shall be summoned in writing by the mayoralties of communes, towns, or municipalities, as the case may be, to carry out these obligations.(2) Those who fail to comply with the summons and to carry out the obligations within the term set by mayor for reasons imputable to them, shall be yearly sanctioned with the payment of a sum from 50,000 to 100,000 lei per ha, as against the land utilization class.(3) The obligation to pay the sum shall be made by the mayor's grounded decision*), and the sums shall be made revenue to the local budget.----------- *) According to art. 48 para (1) in Law No. 69/1991, republished, the mayor issues orders.Article 76.*)
(1) All holders of land assigned in use according to the terms under the present law who fail to fulfil the obligations provided under article 74 shall be summoned in the terms of article 75, paragraph (1). (2) Those who do not comply with the summon loose the right of use over the land at the end of the running year.----------- *) The provisions of para (3) art. 76 have been implicitly abrogated by the provisions of para. (2) of the same article.Article 77
Change of the utilization class of legal persons' arable land into other classes of agricultural utilization may be made with the endorsement of the county specialized agricultural bodies only in the following cases:a) arable land situated in hill zones, constituting enclaves in vineyard and orchard land masses, in acknowledged hills planted with vines and fruit-growing areas, established by specialized bodies of the Ministry of Agriculture and Food Industry, may be converted into vine-growing and fruit-growing plantations;b) arable land from plain areas, required for the completion of viticultural land masses meant for table grapes and raisins, and the fruit-growing areas meant for peach and apricot trees, established by the specialized bodies of the Ministry of Agriculture and Food Industry, may be converted into vine-growing and fruit-growing plantations;c) arable land with sandy soil may be arranged and converted into vine-growing and fruit-growing plantations;d) land registered as arable, situated in hill and mountain zones on slopes which cannot be mechanized, affected by surface and deep erosion, active or semistabilized slidings, that may no longer be improved and maintained for this utilization, may be arranged and converted into pastures and hayfields;e) arable land situated in the beds of rivers and of the Danube, which cannot be profitably used for other agricultural purposes, may be arranged as piscicultural basins.Article 78
(1) Change of the utilization class of arable land, other than those provided under article 77, pastures, hayfields, vineyards and orchards held by legal persons where the State holds the majority of shares, shall be approved by the Ministry of Agriculture and Food Industry.(2) The natural persons that changed the category of use of the agricultural land they hold in ownership are compelled to notify, within 30 days from the date this operation have taken place, the modification occurred to the county or Bucharest municipality agricultural cadastre and organization of agricultural territory office, which is compelled to register it.(3) Change of the forest utilization class - woods, osier plots, bush stands held by legal persons - shall be approved by the Ministry of the Waters, Forests and Environment Protection.(4) Change of the utilization of agricultural land that constitutes protection zone for monuments shall be made with the agreement of the National Commission for Historical Monuments, Piles, and Sites.Article 79
(1) Soil protection and improvement shall be achieved by works for protecting and controlling of soil pollution and degradation caused by natural phenomena or by economic and social activities.(2) Works required for soil protection and improvement shall be established on the basis of studies and projects made at request by specialized research and designing bodies in correlation with those for planning and organization of territory, and shall be carried out by the holders of land or through their concern, by units specialized in the execution of such works.(3) The State underpins the achievement of works for soil protection and improvement, partly or wholly covering the expenditure within the limit of the approved budgetary appropriation, on the basis of substantiation notes elaborated by research and designing units, acknowledged by county specialized agricultural bodies, and approved by the Ministry of Agriculture and Food Industry.Article 80
For the coordinated achievement of the works of common interest, according to the needs of agriculture, sylviculture, water management, ways of communication, human settlements, or other economic and social objectives, the ecological, economic, and technical documentations shall be jointly elaborated by the interested parties. By documentations there shall be established the interested parties' contribution and the execution order of works.Article 81
Works for regularization of water draining on slopes and for correction of torrents, which have as purpose the protection and conservation of systems of irrigations, embankments, drainings, conservation storage reservoirs or other hydrotechnical works, ways of communication, social and economic objectives shall be carried out concomitantly with the basic works.Article 82
(1) Land that by degradation and pollution lost, wholly or partly, its production capacity for agricultural or forest culture shall be constituted in improvement perimeter.(2) Land groups that enter into the improvement perimeters shall be established by the Ministry of Agriculture and Food Industry and the Ministry of the Waters, Forests and Environment Protection, on the proposals based on situations forwarded by communes, towns, and municipialities.(3) The delimitation of improvement perimeters shall be made by a commission of specialists whose organizing and operation rules shall be established by the Ministry of Agriculture and Food Industry, and the Minstry of Waters, Forests and Environment Protection.(4) The prepared documentations shall be endorsed by the county agricultural and aylvicultural, and environment protection bodies, and shall be forwarded to the Ministry of Agriculture and Food Industry which, together with the interested ministries and departments, shall establish the designing, financing and execution programmes.Article 83
(1) Landholders shall have the obligation to put the land within the improvement perimeter at the disposal of the bodies in charge of the application of the measures and works provided in the improvement project, preserving their property right.(2) The inclusion by the mayoralty of a certain piece of land in the above-mentioned class may be made with the owner's agreement. In the assumption that the owner disagrees, the mayoralty shall make grounded proposals to the prefecture, which shall decide on the matter.(3) If the prefect decides the including of the land stipulated in para (2) in the amelioration perimeter, the local council is compelled to assign, for use, to the titular of the land in case, a corresponding area of land, for the entire duration of carrying out the amelioration works.(4) In case the state does not have in the respective locality another similar land to solve the situation mentioned in para. (1), and the owner does not agree to receive another land at a bigger distance, the expropriation procedure shall be applied for reason of public utility, stipulated in Law No. 33/1994.Article 84
In the interest of works for torrents' correction and water management, the State may make equivalent land exchanges with the owners from the perimeter, when on their land development works with a permanent character are to be carried out. The exchange shall be made only with the owner's agreement, by a certified deed, registered in the documents of land cadastre.Article 85
Degraded and polluted land, included in the improvement perimeter, shall be exempt from State, county, or communal rates and taxes for the duration of their improvement.Article 86
(1) The execution on the spot of works for development and enhancement of the value of degraded land from improvement perimeters shall be made by specialized units, depending on the specific character of the works.(2) Works carried out for ground consolidation, such as soil terracing, modelling, leveling, and fixing, grass cultivation, afforestation, correction of torrents, and fencings, roads, bridges, footbridges with a permanent character, shall be achieved at the State's expense, in keeping with the improvement project.Article 87
(1) Holders of degraded land, even if it is not included in an improvement perimeter, who, individually or jointly, wish to carry out, on their own initiative, grass cultivation, afforestation, correction of soil reaction, or other improvement works on their land shall receive from the State, free of charge, the necessary material - grass seed, seedlings, amendments and technical assistance in the execution of the works.(2) Landholders who have received materials for grass cultivation, afforestation, and amendments, and have not used them according to the purpose which they asked them for, shall be compelled to pay their value.Article 88
(1) The funds required for the research, planning, and execution of the works provided in the projects for arrangement, improvement, and enhancement of the value of degraded and polluted land included in the perimeter shall be ensured, depending on the specific character of the works, by the Ministry of Agriculture and Food Industry, the Ministry of the Waters, Forests and Environment Protection, and other interested ministries, from the land improvement Fund and from budgetary appropriations.(2) The necessary funds may be increased by the participation of communes, towns, municipalities, and counties, by the labour or money contribution of all those interested in these works, landholders, inhabitants deriving direct or indirect benefit from these improvements, and the institutions, trading companies, or autonomous regies whose art works, roads, bridges, railways, constructions and similar works benefit by the advantages of the works for land development and improvement.(3) In case it is proved that certain areas were removed from agricultural or sylvicultural production by the degradation or pollution of the soil, by the guilty fault of natural or legal persons, the landowners, mayoralty, or the agricultural or sylvicultural body may request compensation, by the culprit, of the expenses required for the soil restoration and improvement.Article 89
The Ministry of Agriculture and Food Industry, the Ministry of the Waters, Forests and Environment Protection, together with the Academy of Agricultural and Sylvicultural Sciences "Gheorghe Ionescu-Sisesti" shall take measures for the development of the national surveillance, estimation, prognosis, and warning system with regard to the quality condition of agricultural and sylvicultural soils, on the basis of an informational system and provision of databanks at country and county levels, and shall propose the necessary measures for land protection and improvement, in order to maintain and increase the production capacity.Chapter 7 Temporary or final use of land for other purposes than agricultural and sylvicultural productionArticle 90
The temporary of final use of some agricultural or sylvicultural pieces of land for other purpose than agricultural and sylvicultural production shall be made only in the terms provided by the present law.Article 91
(1) The location of any kind of new constructions shall be made within the localities' built-up area.(2) By way of exception, some constructions which, by their nature, may cause pollution efects to environmental factors may be located outside the buit-up area. In this case, the locations shall be established on the basis of prior impact ecological studies, endorsed by specialized bodies with regard to the environmental protection.(3) Likewise, there shall be excepted constructions which, by their nature, cannot be located within the builtup area, as well as sheds for animals.Article 92
(1) The location of any kind of constructions on agricultural land from the outside of the built-up area of the first and second quality clase, on land with land reclamation works, as well as on that planted with vineyards and orchards, national parks, reserves, archaeological and historical monuments and piles shall be forbidden.(2) There shall be excepted from the provisions of the preceding paragrah the constructions serving agricultural activities, those for military purpose, railways, particularly important highroads, high-tension electrical lines, oil well drilling and derrick equipment, oil and gas exploitation works, main oil or gas pipe lines, water-management and water catchment works.(3) The definitive taking out from the agricultural circuit of the agricultural land in outside the built-up area, of class I and II of quality, of those endowed with land reclamation works, as well as of those planted with vineyards and orchards, by expanding the inside built-up areas, is made on the proposal of the local councils, by Government decision and with tn endorsement of the Ministry of Agriculture and Food Industry.(4) The final removal from the agricultural and sylvicultural circuit of land located outside the built-up area shall be made with the payment, by the applying natural or legal persons of the taxes provided in appendixes Nos. 1 and 2 to the present law. From these taxes there shall be constituted the Fund for the Improvement of the Land Resources, at the disposal of the Ministry of Agriculture and Food Industry and the Ministry of the Waters, Forests and Environment Protection.(5) The provisions of para (4) also apply in the case of the agricultural land that has been passed, according to law, in the inside built-up area, with a view to carrying out constructions of any kind.(6) Land definitively removed from the agricultural and sylvicultural circuit for constructions serving agricultural and sylvicultural activities, land reclamation works and those for water-course regularization, realization of drinking-water catchment and meteorological objectives shall be exempt from the taxes provided under paragraph (4).(7) Likewise, the agricultural perimeters in the demolished villages and hamlets, under reconstruction, are exempted from the payment of the taxes stipulated in para (4).Article 93
(1) For the temporary removal of land from the agricultural and sylvicultural production, the titular of the approval shall have the obligation to deposit a guarantee in cash equal to the tax provided for the final removal of land from the agricultural and forest circuit, in a special account of the Fund for the improvement of the land resources.(2) For the tax stipulated in art. 92 para (4) and for the guarantee stipulated in para (1) paid to the land resources improvement Fund, the titular receives an interest applied by the banking company for the period of deposit.(3) After fulfilment of the obligations provided with regard to the return of the land, upon the confirmation of the county agricultural or forest bodies and of the landowner, the titular shall receive the deposited guarantee and the bank interest.(4) In case the titular of the approval shall not have executed the works at the quality standard and within the terms provided in the approval deeds, the specialized agricultural or sylvicultural body, on the basis of the findings on the facto situation, shall order the execution of returning works with expenditure from the deposited guarantee.(5) If the titular of the approval fails to carry out the works within a new term and at the quality established by the agricultural or sylvicultural body, the whole guarante shall remain in the Fund for the improvement of the land resources.Article 94
The final or temporary use of agricultural land for other purpose than agricultural production shall be approved as follows:a) by the county agricultural bodies through th office of the agricultural cadastre and of organization of the agricultural land of the county or of the Municipality of Bucharest, for agricultural land of up to 1 ha. Approval for any extension of this land area shall by given by the Ministry of Agriculture and Food Industry;b) by the Ministry of Agriculture and Food Industry, for agricultural land with an area of up to 100 ha;c) by the Government, for agricultural land with an area exceeding 100 ha.Article 95
The final or temporary use of forest land for other purposes than sylvicultural ones shall be approved by the county sylvicultural body, for areas up to 1 ha, by the Ministry of the Waters, Forests and Environment Protection for areas up to 100 ha, and by the Government, for areas exceeding 100 ha.Article 96
(1) The approval provided under articles 94 and 95 is subject to the previous approval of the landholders. Likewise, the endorsement of the agricultural or sylvicultural bodies of the county and of the Municipality of Bucharest, as the case may be, are required for obtaining the approval provided under article 94, subparagraphs b) and c) and article 95.(2) The unjustified refusal by the landholder to give his agreement stipulated in para (1) can be solved by the judicial instance, its decision replacing the agreement of the one in case.Article 97
In order to obtain the Government's approval there shall be also compulsorily presented the endorsement of the Ministry of Agriculture and Food Industry for agricultural land and of the Ministry of the Waters, Forests and Environment Protection for forest land and with waters, and, if such be the case, of the Ministry of Culture, for the protection of monuments.Article 98
Land within built-up area shall be that existing on Juanuary 1, 1990, recorded in the land cadastre; it may be modified only in the terms of the law.Article 99
Land from abandoned river beds that has become available as a result of regularization works shall be developed for agricultural, piscicultural, or sylvicultural production, as the case may be, simultaneoulsly with the basic works carried out by its titular.Article 100
(1) The titulars of investment or production objectives located on agricultural and forest land shall be compelled to take measures, preliminarily to the execution of the construction of these objectives, for the removal of the layer of fertile soil from the areas of the approved locations, depositing and levelling it out on nonproductive or poorly-productive land, indicated by the agricultural or sylvicultural bodies, in order to enhance its value or to improve it.(2) The depositing may be made only with the agreement of landowners, who cannot be compelled to any payment for the value surplus thus added to the land, nor can they claim indemnities for the period of its disuse.Article 101
(1) Titulars of investment or production works holding land they no longer use in the production process, such as that remaining after the excavation of raw materials - coal, kaolin, clay, gravel -, abandoned oil wells, and other similar ones, shall be compelled to take the necessary development and levelling measures for bringing the land into agricultural use and, if this in not possible, into piscicultural or sylvicultural use, within 2 years from closing the production proces.(2) No approval shall be givin for removal from agricultural or sylvicultural production of other land to beneficiaries of the works provided under paragraph (1) who have not complied with the provisions under this article.(3) The execution of these works shall be made by specialized units of the Ministry of Agriculture and Alimentation and the Ministry of the Waters, Forests and Environment Protection, from the funds provided by the beneficiaries, under the terms of the law.Article 102
(1) Telecommunication lines, electric power transport and distribution lines, transport pipes for water supply, sewerage, oil products, gas, as well as other similar installations shall be grouped and located along and close to the ways of communication - roads, railways -, dams, irrigation and draining channels, and other forced limits from the territory, in such a way as not to hinder the execution of agricultural works.(2) The approval to occupy the land in such cases is given by the county or Bucharest municipality agricultural territorial organisation and cadastre office, as the case may be, irrespective of the size of the necessary area, on the basis of the holders' agreement and by payment of the agreed upon compensation.(3) Appropoval in other conditions than those provided under paragraph (1) shall be given by the bodies provided under articles 94 and 95.Article 103
(1) Occupation of land required for the repair of faults or damages in case of breakdown, and execution of some maintenance works at the objectives provided under article 102 which have an urgent character and which are carried out over a period of up to 30 days shall be made on the basis of the landholders' preliminary agreement, or, in case of refusal, with the approval of the county prefecture or of the mayoralty of the Municipality of Bucharest.(2) In all cases, the landholders are entitled to compensation for the damages produced.Chapter 8 Organization and development of agricultural territoryArticle 104
The task of the organization and development of agricultural territory shall aim to create conditions for a better use of the land for agriculturalproduction purposes, which shall be carried out on the basis of studies and projects, at the landowners' request, in order to:a) correlate the development of agriculture in zone with the other economic and social activities, establishing measures that should lead to an increase in agricultural production and the overall exploitation of the territory;b) group the lands through amalgamation, by owners and purposes of use, in agreement with the property structures and forms of soil cultivation, resulted after associations, to establish the perimeters of each property, amalgamating dispersed land and rectifying unreasonablylocated boundaries;c) elaborate studies and projects of organization and development of agricultural exploitations;d) establish the network of agricultural roads as a completion of the network of roads of general interest, integrated in the overall organization and development of the territory, for the purpose of carrying out the transport of products and the acces of the agricultural machinery necessary for the production process.Article 105
The studies and organization and development of the agricultural territory designs are drawn up by the studies, design and specialty research, central or county units, and are submitted to the debating by the landowners in the zone of interest. In case of their adopting by a majority of votes of the owners holding 2/3 of the area and the approval of the county agricultural bodies, the applying of the measures and of the provided works becomes compulsory for all owners.Chapter 9 SanctionsArticle 106
Infringement of the provisions of the present law shall entail civil, contraventional, or penal responsibility, as the case may be.Article 107
The degradation of agricultural and sylvicultural land, of its surrounding, destruction and degradation of agricultural cultures, of land reclamation works, of topographical or geodesic signs and stones, of historical monuments and archeological sites and piles, or hindering of the conservation measures of such goods, as well as removal of such measures shall constitute destruction offences and shall be punished according to the provisions of the Criminal Code.*)----------- *) The Criminal Code was republished in the Official Gazette of Romania, Part. I, No. 65 of April 16, 1997.Article 108
(1) The wholly or partly occupation of land of any kind, the setting up or moving of the border marks and of landmarks, without the approval given under the terms of the law, or the refusal to vacate the land thus occupied without right represents infraction and is punished by prison from 1 to 5 years.(2) If the deed stipulated in para (1) is committed by violence, threats or by two or more persons together, the punishment is by prison from 2 to 7 years.Article 109
The deed of the natural person, that has the capacity of member of the local or county commission for applying the present law, of preventing by any means the reconstitution of the property right or the issuing of the property title to the entitled persons, represents abuse in office and is punished by prison from 1 to 5 years.Article 110
The infringement of the stipulations of art. 9 para (5) let. c) and of art. 10, by declaring smaller areas of land than the areas they hold or the non-declaring of certain land areas, actually held, represents infraction of false in declaration and is punished according to art. 292 in the Penal Code.Article 111
There shall constitute contraventions to the norms on record, protection, use, and improvement of agricultural or sylvicultural land the follwoing facts, unless they are committed in such conditions that, according to the criminal law, they constitute offences:a) the performance of land exchanges and change of the land utilization class from a superior rank to an inferior one, as well as the final or temporary use of agricultural and sylvicultural land for other purposes than agricultural and sylvicultural production;b) possessors' failure to declare to the county bodies of land cadastre, within 30 days after their approval, of land exchanges and the change of its utilization class, as well as the data with regard to the dimension of its area and its utilization class;c) failure of land possessors and authorized persons to take measures for the conservation in good conditions of the geodesic and topographical stones, of metallic levelling bench marks, of geodesic point signalling pyramids and landmarks, as well as their guilty degradation and destruction;d) investment beneficiaries' failure to remove the layer of fertile soil before the execution of location works of some objectives and failure to deposit this layer on the areas established by agricultural bodies, as well as failure to take the development and levelling measures for the land remaining after excavation of coal, kaolin, clay, gravel, abandoned oil wells, and other similar ones;e) location of any kind of objectives, except those provided under article 92 under the present law, on land situated outside the built-up area, without the endorsements and approvals provided by law;f) occupation and use of land approved to be taken definitively or temporarily from agricultural production before being delimited, marked with boundary stones, and transferred;g) degradation of land and crops by storage of materials or wastes of gravel, debris, sand, prefabs, metallic constructions, residues, domestic wastes, garbage, and other similar ones;h) legal or natural persons' failure to take adequate measures for avoiding the alteration of adjacent land through residues from production activities and drainings of any kind.Article 112
Contraventions provided under article 111 of the present law shall be sanctioned as follows:a) those under subparagraphs a)-c), with fines from 500,000 lei to 1,000,000 lei;b) those under subparagraphs d)-h), with fines from 1,000,000 lei to 2,000,000 lei.Article 113
The sanctions may also be applied to legal persons, as follows:a) those in art. 111 let. a)-c), by fine from 5,000,000 lei to 10,000,000 lei;b) those in let. d)-h), by fine from 10,000,000 lei to 20,000,000 lei.Article 114
(1) The finding out of the contraventions and the applying of sanctions is made by specialists authorized by the Ministry of Agriculture and Food Industry and, as the case may be, by the Ministry of Waters, Forests and Environment Protection, by empowered persons of the prefect and by specialists empowered by the director general of the directorate general for agriculture and alimentation or, as the case may be, by the chief inspector of the county forest inspectorate, as well as by the mayor.(2) By the finding out document, the covering of the damages by those guilty and, as the case may be, the reestablishing of the former situation is ordered.Article 115
To the extent to which the present law does not provide otherwise, the contraventions provided under article 111 shall be applied the provisions of Law No. 32/1968 on the ascertainment and sanctioning of contraventions, with the subsequent modifications.Chapter 10 Final and transitory provisionsArticle 116
(1) The communal, town and municipality commissions, set up according to the provisions of art. 12, shall carry out the works and operations established by law, in their competency, irrespective whether the property right is reconstituted or constituted or the land is returned by prefect's order, forwarding these works, as the case may be, to the county commissions or to the prefect, with a view to issuing the property titles, respectively, the issuing of prefect's order.(2) The commissions stipulated in para (1) shall carry out the operations of putting in possession, drawing up for this purpose official reports which they shall forward to the county commissions.(3) In the cases provided under article 17, article 30, paragraph (2) and article 37, the county commissions, at the proposal of the communal, town, and municipal commissions, as the case may be, shall issue decisions for entitled titulars with a view to establishing their right to shares.(4) The county commission's decision shall be transmitted to the natural persons interested and to the trading company involved, within the term provided under paragraph (1).(5) The communal, town, and municipal commissions shall cease their activity by a decision of the prefect, and the county commissions, respectively of the Municipality of Bucharest, by a decision of the Government.Article 117
Over the operation period of the communal, town, and municipal commissions, as well as of the winding-up commissions, their members employed with individual labour contract shall be considered delegates, and the other members of the commissions shall receive an allowance that will be established by the rules for the application of the law.Article 118
The specialized staff provided under article 8 of the Decree-law No. 43/1990 with regard to some measures for the stimulation of peasantry and the economic activity of the state and cooperative agricultural units, who carried out their activity in cooperative agricultural units which were dissolved or reorganized into trading companies shall benefit with priority by the provisions of article 19 paragraph (1) or of article 21.Article 119
(1) Historical monuments, archaeological objectives and vestiges, treasures that will be discovered on the surface layer or in subsoil shall be under protection of law.(2) Landowners and landholders shall be compelled to ensure their integrity, to notify the State bodies, and to allow the performance of conservation and research works.(3) Landowners shall be indemnified for the damages suffered and land transferred in the public domain, in cash or equivalent land, as the case may be.Article 120
The time worked by former cooperative members within the framework of agricultural production cooperatives shall be considered length of service when they will be granted their pensions and the other social insurance rights.Article 121
The financing of the activities for the general land cadastre, for geodesic, photogrammetric, and territorial-planning works, as well as of the databanks corresponding to them, at county and national levels, shall be achieved from the budget.Article 122
Appendixes Nos. 1 and 2 shall form an integral part of the present law.Article 123
(1) The present law shall come into force on the date of its publication in the "Monitorul Oficial" (Official Gazette of Romania).*)(2) At the date the present law comes into force, there shall be abrogated:– articles 1-36 and 51-79 under the Law No. 59/1974 with regard to the land resources, published in "Buletinul Oficial" (Official Bulletin) No. 138/November 5, 1974;– Decree-law No. 42/1990 with regard to some measures for the stimulation of peasantry, published in "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 17/January 30, 1990, except articles 8-11;– Law No. 9/1990 with regard to the temporary interdiction of the alienation of land by inter vivos deeds, published in "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 95/August 1, 1990, except article 2.– Decision of the Council of Ministers No. 656/1975 for the ascertainment and sanctioning of contraventions to the norms on record, use, protection, and improvement of agricultural land, published in "Buletinul Oficial" (Official Bulletin) No. 74/July 16, 1975;– Decree No. 115/1959 for the elimination of the remains of any forms of the exploitation of man by man in agriculture, for the purpose of the continuous raising of the material and cultural living standard of working peasantry and the development of the socialist construction, published in the Official Bulletin of the Great National Assembly of the Romanian People�s Republic No. 10/March 30, 1959;– any other provisions contrary to the present law.------------ *) See also the dates of coming into force of the modifying statutory instruments. APPENDIX No. 1 P E R C E N T A G E T A X due for the definitive removal from agricultural circuit of land situated outside the built-up area------------------------------------------------------------------------------ Class of agricultural land ---------------------------------- 1 2 3 4 5------------------------------------------------------------------------------Percentage tax applied to the selling price 400 350 300 250 200------------------------------------------------------------------------------ NOTE: The percentage shall be applied to the value of the land declared as price by the parties to the alienation contract. In case in which the land was not the object of salepurchase and it is the property of the investor or derives from concession, donation, association, the tax is calculated on the circulation value of the land in that zone. APPENDIX No. 2 T A X due for the definitive use of forest land for other purposes than forest production and clearing of woods------------------------------------------------------------------------------ Quality class ---------------------------------- 1 2 3 4 5------------------------------------------------------------------------------Percentage tax applied to the selling price 600 550 500 400 300------------------------------------------------------------------------------NOTE: The percentage shall be applied to the rent value established for the volume achieved at exploitable degree by the basic species in zone, considered at the assortment set as aim, established by planning or assimilated to it. NOTE: We reprint below articles II - V in Law No. 169/1997, that were not included in the republished text of Law No. 18/1991 and which continue to apply as own provisions of Law No. 169/1997. We mention that the references from the contents of these articles refers to the texts in Law No. 18/1991, such as published in the Official Gazette of Romania, Part I, no. 37 of February 20, 1991.Art. II. The modifying, completing or abrogation provisions of the present law do not affect in any way the titles or other property documents issued, by observing the provisions of Law on land resources No. 18/1991, on the date of their issuance.Art. III (1) The following documents issued by infringing the provisions of the Law on land resources No. 18/1991, are affected by absolute nullity, according to the provisions of civil legislation applicable on the date of concluding the legal act:a) the documents for the reconstitution or constitution of property right, in favour of natural persons who were not entitled, according to law, to such reconstitution or constitution;b) the documents for constitution of property right on agricultural land found in the state public or private domain, or in the public domain of the communes, towns or municipalities;c) the documents for reconstitution or constitution of the property right inside the built-up area of the locality, on land claimed by the former owners, with the exception of those granted according to art. 23 of the law (art. 24 in Law No. 18/1991, republished);d) the documents for the constitution of the property right on agricultural land constituted as communal pasture;e) the documents for the constitution of property right, under the terms of art. 20 (art. 21 in Law No. 18/1991, republished), in the localities in which the reduction quota stipulated by law has been applied;f) the documents for the constitution of the property right, under the terms of art. 20 (art. 21 in Law No. 18/1991, republished) and in the case in which in that locality the property right of the entitled persons by law has not been constituted;g) the transfer of land from one locality to another, carried out by infringing the conditions stipulated by law, with the illicit purpose of increasing in this way the value of the land received as a result of the transfer;h) the documents of sale-purchase regarding the constructions meant for social or cultural utilization dwellings, craches, kindergartens, canteens, clubs, headoffices and others such - that have belonged to the agricultural production cooperatives, by infringing the imperative provisions stipulated in the last paragraph of art. 28 in the law (art. 29 in Law No. 18/1991, republished).(2) The nullity may be claimed by the mayor, prefect, public prosecutor and by other persons that prove a legitimate interest, and the solving of the applications is of the competency of the judicial instances of ordinary law, that have plenitude of jurisdiction.(3) In the case in which, on the land which was the object of certain judicial documents found null according to para (1), constructions of any kind have been erected, the provisions of art. 494 in the Civil Code are applicable.Art. IV. (1) The persons that did not submit applications during the time period stipulated by the Law on land resources No. 18/1991, for the reconstitution of the property right, or these applications were lost or regarding which no reply was received, may submit a new application to the communal, town or municipal commissions, within 90 days from the date of coming into force of the present law,(2) The provisions of para (1) are not applicable to the persons that, according to Law on land resources No. 18/1991, had no calling to request and, respectively, to be reconstituted the property right.Art. V. By special law, after drawing up the land resources balance sheet, there shall be regulated the assigning for use or, as the case may be, in ownership of agricultural land out of the state private domain, to young families, to specialists in the rural area, to war veterans that were not assigned land according to Law No. 44/1994, as well to teaching staff, under the terms of Law No. 128/1997 on the Statute of the teaching staff. ------------
