THE LEGALITY OF PROVIDING AN IMMOVABLE AS COMPENSATION FOR THE CASE OF BUILDING A DISPENSARY ON THE RETURNED LAND
The High Court of Justice stated that, according to art. 25, paragraph 4 of the Law no. 10/2001, the injunction of approval for the material restitution of the immovable, proofs the property right of the person entitled, having the power of an authenticated document. Therefore, the claimants, as proprietors of the land mentioned in the injunction issued according to the special repair law, are entitled to its material restitution, regardless of its present status. In this particular case, given the consent of the claimants for being allocated a land as compensation for the one they own on the basis of to the injunction delivered according to the Law 10/2001, -that was not returned because of the construction of a sanitary establishment after the issuance of the injunction, and considering the provisions of art. 26, paragraph 1 of Law 10/2001, stating that in case of impossibility of restitution, the holder of the immovable has to give the entitled person another goods in compensation, the solution of admitting the action, and obliging the establishment that is the precarious holder, to issue a restitution decision in favour of the claimants, of a surface equal in value with the land specified in the injunction delivered according to the Law no. 20/2010, is legal.
