The following Property practice note provides comprehensive and up to date legal information covering:
This Practice Note contains a jurisdiction-specific Q&A guide to real estate in Romania published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020).
Authors: Voicu & Filipescu SCA—Roxana Negutu
Romania has a civil law system applicable nationwide. The majority of real estate norms are contained in the Romanian Civil Code, the Land Book Law and construction-specific legislation. The Civil Code regulates all aspects related to real estate, the enforcement of obligations, as well as the execution of contracts.
Judicial precedent is not binding before courts of law. However, all decisions of the Constitutional Court and certain decisions of the Supreme Court are mandatory, and, in recent years, there has been an influx of such decisions in the real estate domain.
Agreements regarding the transfer of ownership rights or establishment of encumbrances must be concluded in written authenticated form before a notary public and registered afterwards in the relevant Land Book. For other types of agreements (eg, lease or free use), the written form will suffice.
Romanian real estate law is governed by the registration principle (ie, real estate rights are registered with an assigned Land
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